[Federal Register Volume 67, Number 189 (Monday, September 30, 2002)]
[Rules and Regulations]
[Pages 61249-61252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24750]



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  Federal Register / Vol. 67, No. 189 / Monday, September 30, 2002 / 
Rules and Regulations  

[[Page 61249]]



DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration

7 CFR Part 868


United States Standards for Milled Rice

AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA.

ACTION: Direct final rule.

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

SUMMARY: The Grain Inspection, Packers and Stockyards Administration 
(GIPSA) is revising the United States Standards for Milled Rice to 
establish and add a new level of milling degree, `` hard milled,'' to 
the existing milling requirements, and to eliminate reference to 
``lightly milled'' from the milling requirements of U.S. Standards for 
Milled Rice. These changes are being made to facilitate the marketing 
of rice by better aligning the standards with current processing and 
marketing practices.

DATES: This rule is effective December 1, 2002, without further action, 
unless adverse comment is received by October 31, 2002. If adverse 
comment is received, GIPSA will publish a timely withdrawal of the rule 
in the Federal Register.

ADDRESSES: Written comments must be submitted to Tess Butler, USDA, 
GIPSA, Room 1647-S, STOP 3604, 1400 Independence Avenue, SW, 
Washington, DC 20250-3604; FAX (202) 690-2755; or e-mail: 
[email protected].
    All comments received will be made available for public inspection 
at the above address during regular business hours (8 a.m.-3:30 p.m.).

FOR FURTHER INFORMATION CONTACT: John Giler, Chief, Policies and 
Procedures Branch at (202) 720-0252 or e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    GIPSA representatives work closely with the USA Rice Federation 
(USARF) and Rice Millers' Association (RMA) representatives to examine 
the effectiveness of the U.S. Standards for Rice in today's marketing 
environment. Through discussions, it appears that most of the current 
standards continue to meet consumer/processing needs. However, changing 
market trends demand that certain changes be made pertaining to the 
acceptable degrees of milling in milled rice. Accordingly, GIPSA is 
making the appropriate changes to the standards to include a hard 
milled milling degree to the standards and removing the lightly milled 
milling degree from the standards.
    The U.S Standards for Milled Rice currently recognize three degrees 
of milling: ``well-milled'', ``reasonably well-milled'', and ``lightly 
milled''. Well-milled is the highest degree (or whitest) of milling 
degrees addressed by the standards. The degree of milling is based on 
the extent to which the bran layers are removed from the kernels of 
rice.
    In recent years, the U.S. milled rice market has changed, as 
domestic and international customers alike demand a higher degree of 
milling. To satisfy this demand, U.S. rice mills routinely mill their 
rice to a degree surpassing the USDA well-milled standard. This process 
or practice, commonly referred to as ``hard milled,'' efficiently 
removes any loose bran adhering to the surface of the milled rice and 
enhances the milled rice's appearance by giving it a brighter, whiter 
look.
    Hard milled, by many accounts, represents the preferred degree of 
milling by today's customers. To satisfy the growing demand for hard 
milled rice, GIPSA, in cooperation with the USARF and the RMA, 
established a visual reference standard representing the minimum degree 
with which millers must mill their rice in order to receive the hard 
milled designation.
    To provide an immediate and temporary means of recognizing and 
standardizing the manner in which hard milled is evaluated and 
documented on a certificate, the parties worked together to permit such 
an assessment. When requested, lots meeting the visual standard may 
have affixed in the ``Remarks'' section of the certificate the 
statement ``This rice meets or exceeds the minimum requirements for 
hard milled rice.''
    However, the highest degree of milling permitted for certification 
purposes is well-milled, regardless of the extent of milling. When hard 
milled is requested, the resulting certificate indicates that the rice 
is well-milled in the ``Factor Information'' section, and in the 
``Remarks'' section indicates that the rice meets or exceeds the 
requirements for hard milled.
    To eliminate possible confusion with both designations on one 
certificate, and at industries' request, GIPSA is amending the 
standards to include hard milled as another milling degree. The 
revision only serves to identify hard milled as being another milling 
option and recognizes it as being a higher degree of milling than well-
milled.
    The introduction of hard milled will not have any impact on the 
minimum milling requirements for grades U.S. Nos. 1 and 2, as well-
milled will continue to be the minimum milling degree requirement for 
these grade levels.
    Also, through discussions, USARF and RMA revealed that the demand 
for lesser degrees of milling, specifically lightly milled, is non-
existent. U.S. mills do not mill or ship lightly milled rice as there 
has been no demand for it.
    Since it is generally recognized that lightly milled has outlived 
its usefulness as a meaningful marketing standard, the standards will 
be revised to remove lightly milled from the list of milling degree 
requirements. As such, the degree of milling for milled rice will now 
include hard milled, well-milled, and reasonably well-milled. For 
grading purposes, any reference to lightly milled with respect to the 
minimum milling requirements will be replaced by reasonably well-
milled. Samples failing to meet the minimum requirement for reasonably 
well-milled will be considered ``Undermilled Milled Rice.''

Action

    GIPSA is amending Sec.  800.306 and Sec.  800.315 to add ``hard 
milled'' as a milling degree and to remove ``lightly milled'' from the 
milling requirements. GIPSA is also amending Sec. Sec.  800.310, 
800.311, 800.312, and 800.313 by replacing ``lightly milled'' with 
``reasonably well-milled''. Also, GIPSA is correcting miscellaneous 
typographical and wording errors in the

[[Page 61250]]

milled rice standards, and deleting the reference to the Motomco 
Moisture Meter in the definition of ``moisture.'' Due to changing 
technology, the Motomco Moisture Meter may soon be obsolete. Therefore, 
GIPSA is revising the definition of moisture to a more generic wording 
which excludes the mention of any specific instrument.

Effective Date

    We are publishing this rule without a prior proposal because we 
view this action as noncontroversial and anticipate no adverse public 
comment. This rule will be effective, as published in this document, on 
December 1, 2002, unless we receive written adverse comments or written 
notices of intent to submit adverse comments by October 31, 2002.
    Adverse comments are comments that suggest the rule should not be 
adopted or that suggest the rule should be changed.
    If we receive written adverse comments or written notices of intent 
to submit adverse comments, we will publish a notice in the Federal 
Register withdrawing this rule before the effective date and publish a 
proposed rule for public comment. Following the close of that comment 
period, the comments will be considered, and a final rule addressing 
the comments will be published.
    As discussed above, if we receive no written adverse comments nor 
written notice of intent to submit adverse comments by June 30, 2002, 
this direct final rule will become effective on August 1, 2002.

Executive Order 12866

    This rule has been determined to be nonsignificant for the purpose 
of Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.

Regulatory Flexibility Act Certification

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA) (5 U.S.C. 601 et seq.), it has been determined that this rule 
will not have a significant economic impact on a substantial number of 
small entities. Under the provisions of the Agricultural Marketing Act 
of 1946 (7 U.S.C. 1621 et seq.), it is not mandatory for rice to be 
officially inspected. GIPSA has determined that most users of the 
official inspection service and those entities that perform these 
services do not meet the requirements for small entities. GIPSA 
estimates there are approximately 45 rice mills within the United 
States. In addition to GIPSA, there are 2 cooperating States that 
inspect rice. Even though some users could be considered small 
entities, this rule should not impose addition costs, but instead 
further aligns the standards with current market practices. Further, 
the regulations are applied equally to all entities.

Executive Order 12988

    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This action is not intended to have a retroactive 
effect. This action will not preempt any State or local laws, 
regulations, or policies unless they present irreconcilable conflict 
with this rule. There are no administrative procedures that must be 
exhausted prior to any judicial challenge to the provisions of this 
rule.

Information Collection and Recordkeeping Requirements

    In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.), the information collection and recordkeeping 
requirements in Part 868 have been previously approved by OMB No. 0580-
0013.

List of Subjects in 7 CFR Part 868

    Milling requirements, moisture, and grade charts.

PART 868--GENERAL REGULATIONS AND STANDARDS FOR CERTAIN 
AGRICULTURAL COMMODITIES

    For reasons, set out in the preamble, GIPSA amends 7 CFR part 868 
as follows:
    1. Section 868.306 is revised to read as follows:


Sec.  868.306  Milling requirements.

    The degree of milling for milled rice; i.e., ``hard milled,'' 
``well-milled,'' and ``reasonably well-milled,'' shall be equal to, or 
better than, that of the interpretive line samples for such rice.

    2. Section 868.307 is revised to read as follows:


Sec.  868.307  Moisture.

    Water content in milled rice as determined by an FGIS approved 
device in accordance with procedures prescribed in FGIS instructions.

    3. Section 868.310 is revised to read as follows:


Sec.  868.310  Grades and grade requirements for the classes Long Grain 
Milled Rice, Medium Grain Milled Rice, Short Grain Milled Rice, and 
Mixed Milled Rice. (See also Sec.  868.315.)

                                                                       Grades, Grade Requirements, and Grade Designations
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    Maximum limits of--
                               ----------------------------------------------------------------------------------------------------------------------------
                                  Seeds, heat damaged,               Chalky kernels \1\                 Broken kernels                   Other types \4\
                                   and paddy kernels      Red rice           \2\         ------------------------------------------------------------------
                                  (singly or combined)      and    ----------------------
             Grade             -------------------------  damaged                                                                                                 Color         Minimum milling
                                           Heat damaged   kernels    In long   In medium              Removed    Removed   Through a    Whole    Whole and   requirements \1\   requirements \5\
                                  Total    kernels and    (singly     grain     or short    Total      by a 5     by a 6    6 sieve    kernels     broken
                                 (number  objectionable      or        rice      grain    (percent)  plate \3\  plate \3\     \3\     (percent)   kernels
                                 in 500   seeds (number  combined)  (percent)     rice               (percent)  (percent)  (percent)             (percent)
                                 grams)   in 500 grams)  (percent)             (percent)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U.S. No. 1....................         2            1          0.5        1.0        2.0        4.0       0.04        0.1        0.1  .........        1.0  White or creamy..  Well Milled.
U.S. No. 2....................         4            2          1.5        2.0        4.0        7.0       0.06        0.2        0.2  .........        2.0  Slightly gray....  Well Milled.
U.S. No. 3....................         7            5          2.5        4.0        6.0       15.0        0.1        0.8        0.5  .........        3.0  Light gray.......  Reasonably well
                                                                                                                                                                                milled.
U.S. No. 4....................        20           15          4.0        6.0        8.0       25.0        0.4        1.0        0.7  .........        5.0  Gray or slightly   Reasonably well
                                                                                                                                                             rosy.              milled.

[[Page 61251]]

 
U.S. No. 5....................        30           25      \5\ 6.0       10.0       10.0       35.0        0.7        3.0        1.0       10.0  .........  Dark gray or rosy  Reasonably well
                                                                                                                                                                                milled.
U.S. No. 6....................        75           75     \6\ 15.0       15.0       15.0       50.0        1.0        4.0        2.0       10.0  .........  Dark gray or rosy  Reasonably well
                                                                                                                                                                                milled.
U.S. Sample grade:
    U.S. Sample grade shall be milled rice of any of these classes which: (a) Does not meet the requirements for any of the grades from U.S. No. 1 to U.S. No. 6, inclusive; (b) contains more
     than 15.0 percent of moisture; (c) is musty or sour, or heating; (d) has any commercially objectionable foreign odor; (e) contains more than 0.1 percent of foreign material; (f) contains
     two or more live re dead weevils or other insects, insect webbing, or insect refuse; or (g) is otherwise of distinctly low quality.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For the special grade Parboiled milled rice, see Sec.   868.315(c).
\2\ For the special grade Glutinous milled rice, see Sec.   868.315(e).
\3\ Plates should be used for southern production rice; and sieves should be used for western production rice, but any device or method which gives equivalent results may be used.
\4\ These limits do not apply to the class Mixed Milled Rice.
\5\ For the special grade Undermilled milled rice, see Sec.   868.315(d).
\6\ Grade U.S. No. 6 shall contain not more than 6.0 percent of damaged kernels.


    4. Section 868.311 is revised to read as follows:


Sec.  868.311  Grades and grade requirements for the class Second Head 
Milled Rice. (See also Sec.  868.305.)

                                                   Grades, Grade Requirements, and Grade Designations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  Maximum limits of--
                              --------------------------------------------------------------------------------------------------------------------------
                                Seeds, heat-damaged, and
                                paddy kernels (singly or   Red rice
                                       combined)              and
            Grade             ---------------------------   damaged     Chalky
                                            Heat-damaged    kernels    kernels 1         Color requirements 1           Minimum milling requirements 2
                                  Total     kernels and   (singly or       3
                               (number in  objectionable   combined)   (percent)
                               500 grams)  seeds (number   (percent)
                                           in 500 grams)
--------------------------------------------------------------------------------------------------------------------------------------------------------
U.S. No. 1...................          15             5          1.0         4.0  White or Creamy...................  Well milled.
U.S. No. 2...................          20            10          2.0         6.0  Slightly gray.....................  Well milled.
U.S. No. 3...................          35            15          3.0        10.0  Light gray........................  Reasonably well milled.
U.S. No. 4...................          50            25          5.0        15.0  Gray or slightly gray.............  Reasonably well milled.
U.S. No. 5...................          75            40         10.0        20.0  Dark gray or rosy.................  Reasonably well milled.
U.S. Sample grade:
    U.S. Sample grade shall be milled rice of this class which: (a) Does not meet the requirements for any of the grades from U.S. No. 1 to U.S. No. 5,
     inclusive; (b) contains more than 15.0 percent of moisture; (c) is musty or sour, or heating; (d) has any commercially objectionable foreign odor;
     (e) contains more than 0.1 percent of foreign material; (f) contains two or more live or dead weevils or other insects, insect webbing, or insect
     refuse; or (g) is otherwise of distinctly low quality.
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 For the special grade Parboiled milled rice, see Sec.   868.315(c).
2 For the special grade Undermilled milled rice, see Sec.   868.315(d).
3 For the special grade Glutinous milled rice, see Sec.   868.315(e).


    5. Section 868.312 is revised to read as follows:

[[Page 61252]]

Sec.  868.312  Grades and grade requirements for the class Brewers 
Milled Rice. (See also Sec.  868.315.)

                                                   Grades, Grade Requirements, and Grade Designations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    Maximum limits of--
                                  ----------------------------------------------------------------------------------------------------------------------
                                    Paddy kernels and seeds
              Grade               ---------------------------   Chalky
                                      Total    Objectionable   kernels 1           Color requirements 1               Minimum milling requirements 2
                                   (number in  seeds (number       3
                                   500 grams)  in 500 grams)   (percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
U.S. No. 14 5....................          30            20          5.0  White or Creamy.......................  Well milled.
U.S. No. 24 5....................          75            50          8.0  Slightly gray.........................  Well milled.
U.S. No. 34 5....................         125            90         12.0  Light gray or slightly rosy...........  Reasonably well milled.
U.S. No. 44 5....................         175           140         20.0  Gray or rosy..........................  Reasonably well milled.
U.S. No. 5.......................         250           200         30.0  Dark gray or very rosy................  Reasonably well milled.
U.S. Sample grade:
    U.S. Sample grade shall be milled rice of this class which: (a) Does not meet the requirements for any of the grades from U.S. No. 1 toU.S. No. 5,
     inclusive; (b) contains more than 15.0 percent of moisture; (c) is musty or sour, or heating; (d) has any commercially objectionable foreign odor;
     (e) has a badly damaged or extremely red appearance (f) contains more than 0.1 percent of foreign material; (g) contains two or more live or dead
     weevils or other insects, insect webbing, or insect refuse; or (h) is otherwise of distinctly low quality.
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 For the special grade Parboiled milled rice, see Sec.   868.315(c).
2 For the special grade Undermilled milled rice, see Sec.   868.315(d).
3 For the special grade Glutinous milled rice, see Sec.   868.315(e).
4 Grades U.S. No. 1 to U.S. No. 4, inclusive, shall contain not more than 3.0 percent of heat-damaged kernels, kernels damaged by heat and/or parboiled
  kernels in nonparboiled rice.
5 Grades U.S. No. 1 to U.S. No. 4, inclusive, shall contain not more than 1.0 percent of material passing through a 30 sieve.


    6. Section 868.313 is revised to read as follows:


Sec.  868.313  Grades and grade requirements for the class Brewers 
Milled Rice. (See also Sec.  868.315.)

                                                   Grades, Grade Requirements, and Grade Designations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                  Maximum limits of--  paddy
                                       kernels and seeds
                                 ----------------------------
              Grade                  Total                               Color requirements \1\                   Minimum milling requirements \2\
                                   (singly or  Objectionable
                                   combined)       seeds
                                   (percent)     (percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
U.S. No. 1 \3\ \4\..............          0.5          0.05   White or Creamy.............................  Well milled.
U.S. No. 2 \3\ \4\..............          1.0           0.1   Slightly gray...............................  Well milled.
U.S. No. 3 \3\ \4\..............          1.5           0.2   Light gray or slightly rosy.................  Reasonably well milled.
U.S. No. 4 \3\ \4\..............          3.0           0.4   Gray or rosy................................  Reasonably well milled.
U.S. No. 5......................          5.0           1.5   Dark gray or very rosy......................  Reasonably well milled.
U.S. Sample grade:
    U.S. Sample grade shall be milled rice of this class which: (a) Does not meet the requirements for any of the grades from U.S. No. 1 to U.S. No. 5,
     inclusive; (b) contains more than 15.0 percent of moisture; (c) is musty or sour, or heating; (d) has any commercially objectionable foreign odor;
     (e) has a badly damaged or extremely red appearance; (f) contains more than 0.1 percent of foreign material; (g) contains more than 15.0 percent of
     broken kernels that will pass through a 2\1/2\ sieve; (h) contains two or more live or dead weevils or other insects, insect webbing, or insect
     refuse; or (h) is otherwise of distinctly low quality.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For the special grade Parboiled milled rice, see Sec.   868.315(c).
\2\ For the special grade Undermilled milled rice, see Sec.   868.315(d).
\3\ Grades U.S. No. 1 to U.S. No. 4, inclusive, shall contain not more than 3.0 percent of heat-damaged kernels, kernels damaged by heat and/or
  parboiled kernels in nonparboiled rice.
\4\ Grades U.S. No. 1 to U.S. No. 4, inclusive, shall contain not more than 1.0 percent of material passing through a 30 sieve. This limit does not
  apply to the special grade Granulated brewers milled rice.


    7. Section 868.315(d) is revised to read as follows:


Sec.  868.315  Special grades and special grade requirements.

* * * * *
    (d) Undermilled milled rice. Undermilled milled rice shall be 
milled rice which is not equal to the milling requirements for ``hard 
milled,'' ``well milled,'' and ``reasonably well milled'' rice (see 
Sec.  868.306). Grades U.S. No. 1 and U.S. No. 2 shall contain not more 
than 2.0 percent, grades U.S. No. 3 and U.S. No. 4 not more than 5.0 
percent, grade U.S. No. 5 not more than 10.0 percent, and grade U.S. 
No. 6 not more than 15.0 percent of well-milled kernels. Grade U.S. No. 
5 shall contain not more than 10.0 percent of red rice and damaged 
kernels (singly or combined) and in no case more than 6.0 percent of 
damaged kernels.
* * * * *

    Dated: September 24, 2002.
Donna Reifschneider,
Administrator, Grain Inspection, Packers and Stockyards Administration.
[FR Doc. 02-24750 Filed 9-27-02; 8:45 am]
BILLING CODE 3410-EN-P