[Federal Register Volume 68, Number 100 (Friday, May 23, 2003)]
[Proposed Rules]
[Pages 28141-28157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12805]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 68, No. 100 / Friday, May 23, 2003 / Proposed 
Rules  

[[Page 28141]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 51

[Docket Number FV-98-304]


United States Standards for Grades of Pistachio Nuts in the 
Shell, and United States Standards for Grades of Shelled Pistachio Nuts

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: The proposed rule would revise the United States Standards for 
Grades of Pistachio Nuts in the Shell and the United States Standards 
for Grades of Shelled Pistachio Nuts. The proposed revisions would 
modify the standards to more closely align grade names with other tree-
nut commodities and current industry-recognized marketing terms, reduce 
the tolerance for internal defects for the purpose of providing a 
higher degree of quality assurance, relax tolerances of the level of 
light stain on the shell in the various grade levels based on consumer 
preferences, more objectively define when nuts are damaged by various 
factors, and include two in-shell grade specifications which reflect 
the industry's byproduct. These changes are being proposed by the 
Agricultural Marketing Service (AMS) to promote greater uniformity and 
consistency in the standards. The current grades and standards were 
adopted in 1986 and 1990, respectively. These changes are needed to 
provide consistency with current marketing practices.

DATES: Comments must be received by June 23, 2003.

ADDRESSES: Interested parties are invited to submit written comments 
concerning this proposal. Comments must be sent to the Standardization 
Section, Fresh Products Branch, Fruit and Vegetable Programs, 
Agricultural Marketing Service, U.S. Department of Agriculture, 1400 
Independence Avenue, SW., Room 2065 South Building, Stop 0240, 
Washington, DC 20250-0240; Fax (202) 720-8871; E-mail 
[email protected]. Comments should reference the date and page 
number of this issue of the Federal Register and will be made available 
for public inspection at the above office during regular business 
hours.

FOR FURTHER INFORMATION CONTACT: David L. Priester, at the above 
address or call (202) 720-2185; E-mail [email protected].

SUPPLEMENTARY INFORMATION:

Executive Order 12988 and 12866

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This action is not intended to have retroactive effect. 
This rule will not preempt any State or local laws, regulations, or 
policies, unless they present an irreconcilable conflict with this 
rule. There are no administrative procedures which must be exhausted 
prior to any judicial challenge to the provisions of the rule. The 
Office of Management and Budget has waived the review process required 
by Executive Order 12866 for this action.

Regulatory Flexibility Act

    Pursuant to the requirements set forth in the Regulatory 
Flexibility Act (RFA), AMS has considered the economic impact of this 
action on small entities. The purpose of the RFA is to fit regulatory 
actions to the scale of businesses subject to such actions so that 
small businesses will not be unduly or disproportionately burdened. 
Accordingly, AMS has prepared this initial regulatory flexibility 
analysis. Interested parties are invited to submit information on the 
regulatory and informational impacts of this action on small 
businesses.
    Available information provided by the California Pistachio 
Commission (CPC) show that there are 647 California pistachio producers 
and 19 California handlers of pistachio nuts, most of which are also 
growers or have grower members. Additional information provided by CPC 
show that 445 California pistachio producers (69% of the total) produce 
less than 100,000 pounds per year; 100 producers (15%) produce more 
than 100,000 and less than 250,000 pounds; 43 growers (7%) produce more 
than 250,000 and less than 500,000 pounds; and 59 producers (9%) grow 
more than 500,000 pounds. U.S. grade standards for pistachios would 
normally be used at the sales level of marketing, which is ordinarily 
carried out at the processor/packer level or after processing has been 
completed. Pistachio nuts may be marketed by multiple commodity 
marketing firms.
    The California Department of Food and Agriculture Resource 
Directory 2002, reports that California accounted for more than 99 
percent of domestic pistachio production. More current information 
available to the Department indicates that California has 97 percent of 
domestic production with Arizona at 2 percent and New Mexico with less 
than 1 percent.
    Small agricultural service firms, which include handlers (packers, 
brokers, distributors, importers, etc.), have been defined by the Small 
Business Administration (SBA) (13 CFR 121.601) as those having annual 
receipts of less than $5,000,000 and small agricultural producers are 
defined as those having annual receipts of less than $750,000. The 
pistachio industry is characterized by growers that produce from .1 to 
more than 500 acres. Approximately 9 percent of the California 
pistachio growers receive more than $550,000 annually. Only a portion 
of these producers would meet SBA's definition of a small agricultural 
producer. At least 12 of the California pistachio handlers (or 63 
percent of the total) could be considered small businesses under SBA's 
definition. We would expect that similar size determinations would hold 
for the remainder of domestic production.
    This rule revises the standards in order to more closely align the 
grade names with other tree nut commodities and current industry 
recognized marketing terms, reduce the tolerance for internal defects 
for the purpose of providing a higher degree of quality assurance to 
consumers, relax the level of light stain on the shell, more 
objectively define when nuts are damaged by various factors, and 
establish two additional grades which reflect the industry's marketing 
of in-shell byproducts. The benefits of this rule are not expected to 
be disproportionately greater or smaller for small handlers or 
producers than for large entities.
    Alternatives were considered for this action. One alternative would 
be to not

[[Page 28142]]

issue a rule. However, the need for revisions have increased as a 
result of changing marketing characteristics by industry, several years 
of work with the industry to assess market and grower implications, and 
other input from all sectors of the pistachio industry and government. 
Since the purpose of these standards is to expedite the marketing of 
pistachio nuts in the U.S., not revising the standards would result in 
disuse of national standards and confusion in terms of industry 
marketing and the proper application of the grade standards.
    This action will make the standards more consistent and uniform 
with current industry terms and practices. This action would not impose 
substantial direct economic cost, record keeping, or personnel workload 
changes on small entities, and it would not alter the market share or 
competitive position of these entities relative to large businesses. 
USDA has not identified any Federal rules that currently duplicate, 
overlap, or conflict with this rule. In addition, under the 
Agricultural Marketing Act of 1946, the use of these standards is 
voluntary.
    This proposed rule would revise the United States Standards for 
Grades of Pistachio Nuts in the Shell and the United States Standards 
for Grades of Shelled Pistachio Nuts that were issued under the 
Agricultural Marketing Act of 1946. These standards are voluntarily 
used by industry as a common trading language to market pistachio nuts 
under established and known specifications. In some transactions, the 
buyer and seller may establish their own specifications for the sale, 
use portions of the U.S. standards while altering other portions to fit 
the sale and needs of the parties, or use the U.S. standards as 
written.
    At the time of its 1998 request to AMS, the CPC issued ``industry 
standards'' based on the requested changes and encouraged California 
pistachio nuts to be marketed under those standards. The use of the 
voluntary ``industry standards'' for national and international 
marketing with official certification by USDA inspectors based on these 
standards has continued for three marketing seasons. The changes 
proposed herein are based on the standards currently being used by the 
industry to market U.S. grown pistachio nuts nationally and 
internationally.

Background

    The United States Standards for Grades of Pistachio Nuts in the 
Shell and the United States Standards for Grades of Shelled Pistachio 
Nuts were developed in 1986 and 1990, respectively. At that time, the 
U.S. pistachio industry was beginning to compete in a global market. As 
the industry has grown in numbers of growers and processors and in 
volume, the current grade standards have been regularly used as a basis 
of marketing. In recent years, foreign and domestic buyers have 
developed customers that have uses for nuts which have specifications 
outside the scope of the U.S. grade standards. In addition, U.S. 
marketers have begun to offer for sale byproduct forms of pistachio 
nuts for which there are no uniform marketing specifications in the 
form of recognized grade standards.
    AMS received a request to update and revise the United States 
Standards for Grades of Pistachio Nuts in the Shell and the United 
States Standards for Grades of Shelled Pistachio Nuts from the CPC. The 
CPC is the State-approved marketing agent for the California pistachio 
industry and represents nearly all commercial pistachio producers and 
handlers in California. AMS and its State cooperator in California have 
been closely working with the CPC and its members since 1994 to review 
and update the industry grade standards. Official inspection services, 
with these U.S. grade standards as the basis, have been used by the 
industry since the inception of the standards.
    Currently, the majority of U.S. pistachio production, and more than 
30 percent of worldwide pistachio production, originates from 
California. The California industry, in cooperation with the CPC, began 
a comprehensive review of the current standards in 1994. As this 
process evolved, the industry tested possible revision theories through 
hands-on testing in the packing plants, through consumer preference 
studies, and through public meetings with processors, growers and other 
interested parties. This was initiated in order to review the standards 
and meet the marketing needs of the U.S. pistachio industry and the 
preferences of industry buyers and the general public. As a result of 
this study, the CPC, acting on behalf of California growers and 
shippers, requested an amendment to the standards.
    This proposal would revise the standards to more closely align the 
grade names with other tree nut commodities and current industry 
recognized marketing terms, reduce the tolerance for internal defects 
for the purpose of providing a higher degree of quality assurance to 
consumers, relax the level of light stain on the shell, more 
objectively define when nuts are damaged by various factors, and 
establish two additional grades which reflect the industry's marketing 
of in-shell byproducts. These changes are intended to update the 
standards to maintain their usefulness as they are applied to today's 
marketing challenges, both nationally and internationally.
    The following is an outline of these changes, including discussion 
on the need for the changes.

    United States Standards for Grades of Pistachio Nuts in the Shell
------------------------------------------------------------------------
     Current standard                Proposed              Discussion
------------------------------------------------------------------------
Sec.   51.2540 General      Sec.   51.2540 General      Removal of the
(a) Compliance with the     (a) Compliance with the      sentence
 provisions of these         provisions of these         ``However, nuts
 standards shall not         standards shall not         of obviously
 excuse failure to comply    excuse failure to comply    dissimilar
 with provisions of          with provisions of          forms shall not
 applicable Federal or       applicable Federal or       be
 State laws.                 State laws.                 commingled,''
(b) These standards are     (b) These standards are      would provide
 applicable to pistachio     applicable to pistachio     industry with
 nuts in the shell which     nuts in the shell which     additional
 may be in a natural,        may be in a natural,        flexibility to
 dyed, raw, roasted, or      dyed, raw, roasted, or      meet customer
 salted state; or in any     salted state; or in any     specifications
 combination thereof.        combination thereof.        and needs.
 However, nuts of
 obviously dissimilar
 forms shall not be
 commingled.
---------------------------

[[Page 28143]]

 
Sec.   51.2541 Grades       Sec.   51.2541 U.S. Fancy,  The title of
                             U.S. Extra No. 1, U.S.      this section is
                             No. 1 and U.S. Select       proposed to be
                             Grades                      changed to
                                                         accommodate
                                                         revised grade
                                                         name
                                                         designations
                                                         and the
                                                         addition of
                                                         byproduct
                                                         grades
                                                         following this
                                                         section.
---------------------------
``U.S. Fancy,'' ``U.S. No.  ``U.S. Fancy,'' ``U.S.      It is proposed
 1,'' ``U.S. No. 2,'' and    Extra No. 1,'' ``U.S. No.   to change the
 ``U.S. No. 3'' consist of   1,'' and ``U.S. Select''    grade names of
 pistachio nuts in the       consist of pistachio nuts   ``U.S. No. 1,''
 shell which meet the        in the shell which meet     ``U.S. No. 2,''
 following requirements:     the following               and ``U.S. No.
                             requirements:               3'' to ``U.S.
                                                         Extra No. 1,''
                                                         ``U.S. No. 1,''
                                                         and ``U.S.
                                                         Select.'' This
                                                         would harmonize
                                                         the grade
                                                         references to
                                                         be similar with
                                                         other tree nut
                                                         standards and
                                                         observe current
                                                         industry
                                                         marketing
                                                         terms.
---------------------------
(a) Basic requirements:     (a) Basic requirements:     There is no
                                                         change in this
                                                         text.
(1) Free from:              (1) Free from:
(i) Foreign material;       (i) Foreign material;
(ii) Loose kernels;         (ii) Loose kernels;
(iii) Shell pieces;         (iii) Shell pieces;
(iv) Particles and dust;    Particles and dust; and,
 and,
(v) Blanks.                 (v) Blanks.
(b) Shells:                 (b) Shells:
(1) Free from:              (1) Free from:
(i) Non-split shells; and,  (i) Non-split shells; and,
(ii) Shells not split on    (ii) Shells not split on
 suture.                     suture.
(2) Free from damage by:    (2) Free from damage by:
(i) Adhering hull           (i) Adhering hull
 material;                   material;
(ii) Light stained;         (ii) Light stained;
(iii) Dark stained; and,    (iii) Dark stained; and,
(iv) Other External         (iv) Other External
 (shell) defects.            (shell) defects.
(c) Kernels:                (c) Kernels:
(1) Well dried, or, very    (1) Well dried, or, very
 well dried when specified   well dried when specified
 in connection with the      in connection with the
 grade.                      grade.
---------------------------
(2) Free from damage by:    (2) Free from damage by:    It is proposed
(i) Minor mold;             (i) Immature kernels;        to delete the
(ii) Immature kernels;      (ii) Kernel spotting; and,   term ``minor
(iii) Kernel spots; and,    (iii) Other Internal         mold'' as the
(iv) Other Internal          (kernel) defects.           term is no
 (kernel) defects.                                       longer used by
                                                         the industry.
                                                         All visible
                                                         mold is
                                                         considered
                                                         under the same
                                                         definition and
                                                         grading
                                                         category. This
                                                         would result in
                                                         a rearrangement
                                                         of the current
                                                         numerical
                                                         outline
                                                         designations
                                                         for other
                                                         factors in the
                                                         standards.
---------------------------
(3) Free from serious       (3) Free from serious       There is no
 damage by:                  damage by:                  change in this
(i) Minor insect or         (i) Minor insect or          text.
 vertebrate injury;          vertebrate injury;
(ii) Insect damage;         (ii) Insect damage;
(iii) Mold;                 (iii) Mold;
(iv) Rancidity;             (iv) Rancidity;
(v) Decay; and,             (v) Decay; and,
(vi) Other Internal         (vi) Other Internal
 (kernel) defects.           (kernel) defects.
---------------------------
(d) The nuts are of a size  (d) The nuts are of a size  It is proposed
 not less than 26/64 inch    not less than 30/64 inch    to increase the
 in diameter as measured     in diameter as measured     minimum size by
 by a round hole screen.     by a round hole screen.     4/64 inch in
                                                         diameter, which
                                                         is the current
                                                         industry
                                                         trading
                                                         practice. Nuts
                                                         smaller than 30/
                                                         64 inch in
                                                         diameter
                                                         typically have
                                                         more defects
                                                         affecting the
                                                         quality of the
                                                         end product and
                                                         it is general
                                                         industry
                                                         practice to use
                                                         nuts smaller
                                                         than this
                                                         minimum size as
                                                         a shelled
                                                         product or for
                                                         manufacturing.
                                                         This change
                                                         conforms with
                                                         current
                                                         industry
                                                         practices and
                                                         will ultimately
                                                         provide
                                                         consumers with
                                                         higher quality
                                                         and larger
                                                         nuts.
---------------------------
(e) For Tolerances, see     (e) For Tolerances, see     The section
 Sec.   51.2542.             Sec.   51.2544.             number is
                                                         changed to
                                                         accommodate the
                                                         addition of two
                                                         byproduct grade
                                                         definitions.
---------------------------
Sec.   51.2542 Tolerances   Sec.   51.2542 U.S.         The title for
(See tolerances section      Artificially Opened         this section is
 below for a side-by-side                                re-designated
 comparison of current and                               to allow for
 proposed standards.)                                    the
                                                         establishment
                                                         of the U.S.
                                                         Artificially
                                                         Opened grade.
---------------------------

[[Page 28144]]

 
                            ``U.S. Artificially         It is proposed
                             Opened'' consists of        to establish a
                             artificially opened         ``U.S.
                             pistachio nuts in the       Artificially
                             shell which meet the        Opened'' grade,
                             following requirements:     which would
                            (a) Basic Requirements:      acknowledge the
                            (1) Free from:               evolution in
                            (i) Foreign material;        the industry's
                            (ii) Loose kernels;          practice of
                            (iii) Shell pieces;          marketing its
                            (iv) Particles and dust;     byproducts.
                             and,                        Tables I, II
                            (v) Blanks.                  and III
                            (b) Shells:                  establish
                            (1) Free from:               tolerances for
                            (i) Non-split shells; and,   this grade
                            (ii) Shells not split on     level.
                             suture.                    Current industry
                            (2) Free from damage by:     marketing
                            (i) Adhering hull            practices are
                             material;                   to artificially
                            (ii) Light stained;          open nuts which
                            (iii) Dark stained; and,     do not open
                            (iv) Other External          naturally on
                             (shell) defects.            the tree. This
                            (c) Kernels;                 is accomplished
                            (1) Well dried, or, very     either
                             well dried when specified   mechanically or
                             in connection with the      through hand
                             grade;                      cracking.
                            (2) Free from damage by:     Specific
                            (i) Immature kernels;        requirements
                            (ii) Kernel spotting; and,   for this grade
                            (iii) Other Internal         level are the
                             (kernel) defects.           same as is
                            (3) Free from serious        currently being
                             damage by:                  proposed in the
                            (i) Minor insect or          previously
                             vertebrate injury;          discussed U.S.
                            (ii) Insect damage;          grades.
                            (iii) Mold;                  Tolerances for
                            (iv) Rancidity;              defective nuts
                            (v) Decay; and,              are established
                            (vi) Other Internal          at the same
                             (kernel) defects.           level as the
                            (d) The nuts are of a size   proposed U.S.
                             not less than \30/64\       Select grade
                             inch in diameter as         level. Internal
                             measured by a round hole    (kernel)
                             screen.                     defects are the
                            (e) For Tolerances, see      same as those
                             Sec.   51. 2544.            cited in other
                                                         grade levels.
---------------------------
Sec.   51.2543 Application  Sec.   51.2543 U.S. Non-    The title for
 of Tolerances               Split Grade                 this section is
(See application of                                      re-designated
 tolerances section below                                to allow for
 for a side-by-side                                      the
 comparison of current and                               establishment
 proposed standards.)                                    of the ``U.S.
                                                         Non-Split''
                                                         grade.
---------------------------
                            ``U.S. Non-Split''          It is proposed
                             consists of non-split       to establish a
                             pistachio nuts in the       ``U.S. Non-
                             shell which meet the        Split'' grade
                             following requirements:     which would
                            (a) Basic requirements:      acknowledge the
                            (1) Free from:               evolution in
                            (i) Foreign material;        the industry's
                            (ii) Loose kernels;          practice of
                            (iii) Shell pieces;          marketing its
                            (iv) Particles and dust;     byproducts.
                             and,                        Tables I, II
                            (v) Blanks.                  and III
                                                         establish
                                                         tolerances for
                                                         this grade
                                                         level. Current
                                                         industry
                                                         marketing
                                                         practices are
                                                         to artificially
                                                         open, shell or
                                                         sort and sell
                                                         nuts which do
                                                         not open
                                                         naturally on
                                                         the tree. Use
                                                         of this grade
                                                         level would be
                                                         for nuts that
                                                         are primarily
                                                         sorted and sold
                                                         for further
                                                         processing.
                                                         Ultimate users
                                                         of unopened
                                                         nuts may
                                                         artificially
                                                         open these nuts
                                                         by hand or
                                                         mechanical
                                                         means or
                                                         mechanically
                                                         shell them and
                                                         use the kernel
                                                         as a food
                                                         source.
                                                         Artificially
                                                         opened nuts may
                                                         be further
                                                         sorted and
                                                         designated
                                                         according to
                                                         the ``U.S.
                                                         Artificially
                                                         Opened'' grade,
                                                         previously
                                                         discussed, or
                                                         shelled and
                                                         designated
                                                         according to
                                                         grade levels
                                                         defined in the
                                                         U.S. Standards
                                                         for Grades of
                                                         Shelled
                                                         Pistachio Nuts,
                                                         discussed
                                                         elsewhere in
                                                         this proposed
                                                         rule.
---------------------------

[[Page 28145]]

 
                            (b) Shells:                 External (shell)
                            (1) Free from damage by:     defects under
                            (i) Adhering hull            this grade are
                             material; and,              only adhering
                            (ii) Dark stain.             hull material
                            (c) Kernels:                 and dark stain.
                            (1) Well dried, or very      Other factors
                             well dried when specified   affecting the
                             in connection with the      shells would
                             grade.                      not be
                            (2) Free from damage by:     considered as a
                            (i) Immature kernels;        defect.
                            (ii) Kernel spotting; and,   Internal
                            (iii) Other internal         (kernel)
                             (kernel) defects.           defects are the
                                                         same as those
                                                         noted in other
                                                         grade levels.
                            (3) Free from serious
                             damage by:
                            (i) Minor insect or
                             vertebrate injury;
                            (ii) Insect damage;
                            (iii) Mold;
                            (iv) Rancidity;
                            (v) Decay; and,
                            (vi) Other internal
                             (kernel) defects.
                            (d) The nuts are of a size
                             not less than 30/64 inch
                             in diameter as measured
                             by a round hole screen.
                            (e) For Tolerances, see
                             Sec.   51.2544.
---------------------------
Sec.   51.2544 Size         Sec.   51.2544 Tolerances   The title and
(See size section below                                  section number
 for a side-by-side                                      is proposed to
 comparison of current and                               be re-
 proposed standards.)                                    designated to
                                                         allow for the
                                                         previous
                                                         establishment
                                                         of the ``U.S.
                                                         Artificially
                                                         Opened'' and
                                                         ``U.S. Non-
                                                         Split'' grades.
---------------------------
Sec.   51.2542 Tolerances   Sec.   51.2544 Tolerances   The tolerance
(a) In order to allow for   (a) In order to allow for    for nuts
 variations incident to      variations incident to      smaller than
 proper grading and          proper grading and          the minimum
 handling, the tolerances    handling, the tolerances    size is
 in Tables I, II, III and    in Tables I, II, III of     proposed to be
 paragraph (b) of this       this section are            reduced from 5
 section are provided.       provided.                   percent to 4
 (See tables below.)                                     percent. This
(b) No lot shall contain                                 is included in
 more than 4 percent loose                               Table 1.
 kernels, by weight.                                     Industry
                                                         sorting and
                                                         sizing
                                                         practices and
                                                         the use of
                                                         electronic
                                                         sorting
                                                         equipment make
                                                         it possible to
                                                         eliminate the
                                                         smaller nuts
                                                         and further
                                                         reduce this
                                                         tolerance.
                                                         Paragraph (b),
                                                         which
                                                         establishes a
                                                         tolerance for
                                                         loose kernels,
                                                         and the
                                                         reference to it
                                                         are proposed to
                                                         be deleted from
                                                         this section.
                                                         The tolerance
                                                         established
                                                         under this
                                                         paragraph has
                                                         been
                                                         incorporated
                                                         into Table III,
                                                         Line (d). Refer
                                                         to Tables I, II
                                                         and III and to
                                                         subsequent
                                                         discussion for
                                                         proposed
                                                         changes and
                                                         established
                                                         tolerances for
                                                         the grades.
------------------------------------------------------------------------

Tolerances and Proposed Tolerances for United States Standards for 
Grades of Pistachio Nuts in the Shell

                                                           Table I.--External (Shell) Defects
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                          Current    Proposed   Current    Proposed   Current    Proposed   Current    Proposed    Proposed     Proposed
                                        ----------------------------------------------------------------------------------------------------------------
                 Factor                                                      U.S.                                                    U.S.
                                            U.S.       U.S.     U.S. No.  extra No.   U.S. No.   U.S. No.  U.S.  No.     U.S.    artificially  U.S.  non-
                                           fancy      fancy        1          1          2          1          3        select      opened       split
--------------------------------------------------------------------------------------------------------------------------------------------------------
External (shell Defects)
(tolerances by weight)                          Percent
                                                Percent
                                                Percent
                                                Percent          Percent    Percent
----------------------------------------
(a) Non-split and not split on suture..          2          2          3          3          6          6         10         10           10         N/A
(1) Non-split included in (a)..........          1          1          2          2          4          3          4          4            4         N/A
(b) Adhering hull material.............          1          1          1          1          2          1          2          2            2           2
(c) Light stained......................          7          7         12         12         20         25         35        N/A          N/A         N/A
(1) Dark stained, included in (c)......          2          2          3          3          4          3          6          3            3           3
(d) Damage by other means..............          1          1          1          1          1          2          2          3           10         N/A
(e)Total external defects..............        N/A          9        N/A         16        N/A        N/A        N/A        N/A          N/A         N/A
                                                 5      (\1\)          5      (\1\)          5      (\1\)          5      (\1\)          N/A         N/A
(f) Undersized (Less than \30/64\ inch         N/A          4        N/A          4        N/A          4        N/A          4            4          4
 in diameter)..........................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Delete.
 
 Table I Discussion:
In Line (a), pertaining to Non-Split and Not Split on Suture nuts, there are no changes in tolerances for the current grades. In Line (a)(1), included
  in Line (a), pertaining to Non-Split, the tolerance is reduced from 4 percent to 3 percent, in the U.S. No. 1 grade (Previously U.S. No. 2).

[[Page 28146]]

 
In Line (b), pertaining to Adhering Hull Material, the tolerance in the U.S. No. 1 grade (Previously U.S. No. 2) is reduced from 2 percent to 1 percent.
  In Line (c), pertaining to Light Stained, the tolerance in the U.S. No. 1 grade (Previously U.S. No. 2) is increased from 20 percent to 25 percent and
  increased from a maximum of 35 percent to unlimited in the U.S. Select grade (Previously U.S. No. 3). In Line (c)(1), included in Line (c), pertaining
  to Dark Stained, the tolerance in the U.S. No. 1 grade (Previously U.S. No. 2) is reduced from 4 percent to 3 percent and is reduced from 6 percent to
  3 percent in the U.S. Select grade (Previously U.S. No. 3).
In line (d), pertaining to Damage by Other Means, the tolerance in the U.S. No. 1 grade (Previously U.S. No. 2) is increased from 1 percent to 2 percent
  and in the U.S. Select grade (Previously U.S. No. 3) is increased from 2 percent to 3 percent.
Line (e), pertaining to nuts less than \26/64\ inch in diameter and which established a tolerance of 5 percent for small and 1 percent for larger sizes,
  is deleted and replaced by a new Line (e) which establishes a maximum percentage of total External Defects allowed in the U.S. Fancy and U.S. Extra
  No. 1 grades. Previously, these maximums were only limited by the total additive percentage of all primary defects allowed under the applicable grade
  level. Maximum tolerances for other grade levels established in these grade standards are not specified and the maximum allowable is dependent on the
  total additive percentage of all primary defects listed.
Line (f) is established to provide a maximum of 4 percent for Undersized (Less than \30/64\ inch in diameter) in all grades, including the newly
  established levels.
Tolerances in the U.S. Artificially Opened grade are established at the same levels at the U.S. Select (previously U.S. No. 3) grade, except that any
  amount of light stain of the shell shall be allowed the tolerance for Damage by Other Means (line (d)) is established at 10 percent and that there
  shall be no established maximum tolerance for shell defects.
Tolerances in the U.S. Non-Split grade are established for Adhering Hull Material and Dark Stained. Other defects, applicable under the other grade
  levels do not apply under this grade. Any factors other than Adhering Hull Material or Dark Stained are unlimited as to the percentage of which may be
  contained.


                                                          Table II.--Internal (Kernel) Defects
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                          Current    Proposed   Current    Proposed   Current    Proposed   Current    Proposed    Proposed     Proposed
                                        ----------------------------------------------------------------------------------------------------------------
                 Factor                                                      U.S.                                                    U.S.
                                            U.S.       U.S.     U.S. No.  extra No.   U.S. No.   U.S. No.   U.S. No.     U.S.    artificially  U.S. non-
                                           fancy      fancy        1          1          2          1          3        select      opened       split
--------------------------------------------------------------------------------------------------------------------------------------------------------
Internal (Kernel) Defects
(tolerances by weight)                          Percent
                                                Percent
                                                Percent
                                                Percent          Percent    Percent
----------------------------------------
(a) Damage.............................          3          3          6          6          8          6          8          6            6           6
(b) Serious Damage.....................          3          3          4          4          5          4          5          4            4           4
(1) Insect Damage, mold, rancid, decay,          1          1          2          2          3          2          3          2            2           2
 included in (b).......................
(c) Total Internal Defects.............          5          4          9          8         10          9         10          9            9          9
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table II Discussion:
In Line (a), pertaining to Damage, tolerances are reduced from 8 percent to 6 percent in the U.S. No. 1 (Previously U.S. No. 2) and U.S. Select
  (Previously U.S. No. 3) grades. Maximum tolerances for Damage are established at 6 percent for the U.S. Artificially Opened and the U.S. Non-Split
  grades.
In Line (b), pertaining to Serious Damage, tolerances are reduced from 5 percent to 4 percent in the U.S. No. 1 (Previously U.S. No. 2) and U.S. Select
  (Previously U.S. No. 3) grades. Maximum tolerances for Serious Damage are established at 4 percent for the U.S. Artificially Opened and the U.S. Non-
  Split grades.
In Line (b) (1), pertaining to Insect Damage, Mold, Rancid, and Decay, Included in Line (b), tolerances are reduced from 3 percent to 2 percent in the
  U.S. No. 1 (Previously U.S. No. 2) and U.S. Select (Previously U.S. No. 3) grades. Maximum tolerances for these factors are established at 2 percent
  for the U.S. Artificially Opened and the U.S. Non-Split grades.
In Line (c), pertaining to Total Internal Defects, tolerances are reduced from 5 percent to 4 percent in the U.S. Fancy grade; from 9 percent to 8
  percent in the U.S. Extra No. 1 grade (Previously U.S. No. 2); from 10 percent to 9 percent in the U.S. No. 1 and U.S. Select grades (Previously U.S.
  No. 2 and U.S. No. 3). Maximum tolerances for these factors are established at 9 percent for the U.S. Artifically Opened and the U.S. Non-Split
  grades.


                                                                Table III.--Other Defects
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                           Current    Proposed   Current    Proposed   Current    Proposed   Current    Proposed    Proposed    Proposed
                                         ---------------------------------------------------------------------------------------------------------------
                 Factor                                                       U.S.                                                    U.S.
                                             U.S.       U.S.    U.S.  No.  extra No.  U.S.  No.     U.S.    U.S.  No.     U.S.    artifically  U.S. non-
                                            fancy      fancy        1          1          2         No.1        3        Select      opened      split
--------------------------------------------------------------------------------------------------------------------------------------------------------
Other Defects
(tolerances by weight)                           Percent
                                                 Percent
                                                 Percent
                                                 Percent          Percent    Percent
-----------------------------------------
(a) Shell pieces and blanks.............          1          2          1          2          2          2          2          2           2           2
(1) Blanks, included in (a).............  .........          1  .........          1  .........          1  .........          1           1           1
(b) Foreign material (No glass, metal or        .25        .25        .25        .25        .50        .25        .50        .25         .25         .25
 live insects shall be permitted).......
(c) Particles and Dust..................        .25        .25        .25        .25        .25        .25        .25        .25         .25         .25
(d) Loose kernels.......................          4          4          4          5          4          6          4          6           6          6
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table III Discussion:
In Line (a), pertaining to Shell Pieces and Blanks, tolerances are increased from 1 percent to 2 percent in the proposed U.S. Fancy and U.S. Extra No. 1
  grades (Previously U.S. Fancy and U.S. No. 1, respectively). There is no change in the subsequent grade levels. Maximum tolerances are established at
  2 percent for the U.S. Artificially Opened and the U.S. Non-Split grades.
In Line (a) (1), included as a part of Line (a) and pertaining to Blanks, a separate tolerance of 1 percent for Blanks is established in all grade
  levels. This is the same tolerance previously established for a combination of shell pieces and Blanks. Thus, the absolute tolerance for Blanks
  remains the same as previously established. Maximum tolerances are established at 1 percent for the U.S. Artificially Opened and the U.S. Non-Split
  grades.
In Line (b), pertaining to Foreign Material, the total tolerance in the U.S. No. 1 and U.S. Select grades (Previously U.S. No. 2 and U.S. No. 3 grades,
  respectively) is reduced from .50 percent to .25 percent. Maximum tolerances are established at .25 percent for the U.S. Artificially Opened and the
  U.S. Non-Split grades.
In Line (c), pertaining to Particles and Dust, there is no change in the tolerances for any of the established grade levels. The tolerance level for the
  U.S. Artificially Opened and the U.S. Non-Split grades is established at .25 percent.
In Line (d), pertaining to Loose Kernels, tolerances are established as a part of this table. Previously, the tolerances were established at 4 percent
  under paragraph (b) of the section. For the U.S. Fancy grade, tolerances remain at 4 percent. For the U.S. Extra No. 1 grade (Previously U.S. No. 1),
  the tolerance is increased to 5 percent. For the U.S. No. 1 and U.S. Select grades (Previously U.S. No. 2 and U.S. No. 3, respectively), tolerances
  are increased to 6 percent. Maximum tolerances are established at 6 percent for the U.S. Artificially Opened and the U.S. Non-Split grades.


------------------------------------------------------------------------
     Current Standard                Proposed              Discussion
------------------------------------------------------------------------
Sec.   51.2545 Definitions  Sec.   51.2545 Application  The title and
(See definitions section     of Tolerances               section number
 below for a side-by-side                                is proposed to
 comparison of current and                               be redesignated
 proposed standards.)                                    to allow for
                                                         the previous
                                                         establishment
                                                         of the ``U.S.
                                                         Artificially
                                                         Opened'' and
                                                         ``U.S. Non-
                                                         Split'' grades.
---------------------------

[[Page 28147]]

 
Sec.   51.2543 Application  Sec.   51.2545 Application  There is no
 of Tolerances               of Tolerances               change in this
The tolerances for the      The tolerances for the       text just a
 grades apply to the         grades apply to the         change in the
 entire lot and shall be     entire lot and shall be     section number.
 based on a composite        based on a composite
 sample drawn from           sample drawn from
 containers throughout the   containers throughout the
 lot. Any container or       lot. Any container or
 group of containers which   group of containers which
 have nuts obviously         have nuts obviously
 different in quality or     different in quality or
 size from those in the      size from those in the
 majority of the             majority of the
 containers shall be         containers shall be
 considered a separate lot   considered a separate lot
 and shall be sampled        and shall be sampled
 separately.                 separately.
---------------------------
Sec.   51.2546 Average      Sec.   51.2546 Size         The title and
 Moisture Content                                        section number
 Determination                                           is proposed to
(See average moisture                                    be redesignated
 content determination                                   to allow for
 section below for a side-                               the previous
 by-side comparison of                                   establishment
 current and proposed                                    of the ``U.S.
 standards.)                                             Artificially
                                                         Opened'' and
                                                         ``U.S. Non-
                                                         Split'' grades.
---------------------------
Sec.   51.2544 Size         Sec.   51.2546 Size         It is proposed
Nuts may be considered as   Nuts may be considered as    to decrease the
 meeting a size              meeting a size              ratio of
 designation specified in    designation specified in    largest to
 Table IV or a range in      Table IV or a range in      smallest nuts
 number of nuts per ounce,   number of nuts per ounce,   in the size
 provided, the weight of     provided, the weight of     classification
 10 percent, by count, of    10 percent, by count, of    from 1.70 to
 the largest nuts in a       the largest nuts in a       1.50. This
 sample does not exceed      sample does not exceed      would result in
 1.70 times the weight of    1.50 times the weight of    more uniformly
 10 percent, by count, of    10 percent, by count, of    sized nuts.
 the smallest and the        the smallest and the        Current sizing
 average number of nuts      average number of nuts      apparatus used
 per ounce is not more       per ounce is not more       by the industry
 than one-half nut above     than one-half nut above     has the
 or below the extremes of    or below the extremes of    capability to
 the range specified.        the range specified.        accomplish this
                                                         uniformity
                                                         during sizing
                                                         and packing.
------------------------------------------------------------------------


                                               Table IV.--Nut Size
----------------------------------------------------------------------------------------------------------------
                       Size designations                                Average number of nuts per ounce
----------------------------------------------------------------------------------------------------------------
              Current                         Proposed                Current \1\             Proposed \1\
----------------------------------------------------------------------------------------------------------------
(Not in current standard)..........  Colossal.................  (Not in current         Less than 18.
                                                                 standard).
Extra Large........................  Extra Large..............  20 or less............  18 to 20,
Large..............................  Large....................  21 to 25..............  21 to 25.
Medium.............................  Medium...................  26 to 30..............  26 to 30.
Small..............................  Small....................  31 or more............  More than 30.
----------------------------------------------------------------------------------------------------------------
\1\ Before Roasting.
 
 Discussion:
It is proposed to establish a Colossal size designation to provide a designation for larger size nuts. Cultural
  and marketing changes and technological advances in processing apparatus have allowed for the production,
  sorting and marketing of larger size nuts. Buyers have been demanding, and industry has been supplying, larger
  nuts; this classification would provide a uniform size classification for larger nuts. This would result in a
  new definition for the Extra Large category.


 
------------------------------------------------------------------------
     Current standard                Proposed              Discussion
------------------------------------------------------------------------
Sec.   51.2547 Metric       Sec.   51.2547 Definitions  The title and
 Conversion Table                                        section number
(See metric conversion                                   is proposed to
 table section below for a                               be re-
 side-by-side comparison                                 designated to
 of current and proposed                                 allow for the
 standards.)                                             previous
                                                         establishment
                                                         of the ``U.S.
                                                         Artificially
                                                         Opened'' and
                                                         ``U.S. Non-
                                                         Split'' grades.
---------------------------
Sec.   51.2545 Definitions  Sec.   51.2547 Definitions  There is no
(a) ``Well dried'' means    (a) ``Well dried'' means     change in this
 the kernel is firm and      the kernel is firm and      text, except
 crisp.                      crisp.                      for section
(b) ``Very well dried''     (b) ``Very well dried''      number
 means the kernel is firm    means the kernel is firm    references in
 and crisp and the average   and crisp and the average   subparagraphs
 moisture content of the     moisture content of the     (b) and (d)(1).
 lot does not exceed 7.00    lot does not exceed 7.00
 percent or is specified.    percent or is specified.
 (See Sec.   51.2546).       (See Sec.   51.2548).

[[Page 28148]]

 
(c) ``Loose kernels''       (c) ``Loose kernels''
 means edible kernels or     means edible kernels or
 kernel portions which are   kernel portions which are
 out of the shell and        out of the shell and
 which cannot be             which cannot be
 considered particles and    considered particles and
 dust.                       dust.
(d) ``External (shell)      (d) ``External (shell)
 defects'' means any         defects'' means any
 blemish affecting the       blemish affecting the
 hard covering around the    hard covering around the
 kernel. Such defects        kernel. Such defects
 include, but are not        include, but are not
 limited to, non-split       limited to, non-split
 shells, shells not split    shells, shells not split
 on suture, adhering hull    on suture, adhering hull
 material, light stained,    material, light stained,
 or dark stained.            or dark stained.
---------------------------
(1) ``Damage'' by external  (1) ``Damage'' by external  There is no
 (shell) defects means any   (shell) defects means any   change in this
 specific defect described   specific defect described   text, except
 in paragraph (d)(1)(i)      in paragraph (d)(1)(i)      for section
 through (v) of this         through (v) of this         number
 section, or an equally      section, or an equally      references in
 objectionable variation     objectionable variation     subparagraphs
 of any one of these         of any one of these         (d)(1).
 defects, any other          defects, any other
 defect, or any              defect, or any
 combination of defects,     combination of defects,
 which materially detracts   which materially detracts
 from the appearance or      from the appearance or
 the edible or marketing     the edible or marketing
 quality of the individual   quality of the individual
 shell or of the lot. (For   shell or of the lot. (For
 tolerances see Sec.         tolerances see Sec.
 51.2542, Table I).          51.2544, Table I).
---------------------------
(i) ``Non-split shells''    (i) ``Non-split shells''    The word
 when shells are not         means shells are not        ``when'' is
 opened or are partially     opened or are partially     proposed to be
 opened and will not allow   opened and will not allow   replaced by the
 an \18/1000\ (.018) inch    an \18/1000\ (.018) inch    word ``means''
 thick by \1/4\ (.25) inch   thick by \1/4\ (.25) inch   to clearly
 wide gauge to slip into     wide gauge to slip into     define the term
 the opening.                the opening.                noted. There is
(ii) ``Not split on         (ii) ``Not split on          no change in
 suture'' when shells are    suture'' means shells are   the application
 split other than on the     split other than on the     of the term to
 suture and will allow an    suture and will allow an    the product.
 \18/1000\ (.018) inch       \18/1000\ (.018) inch
 thick by \1/4\ (.25) inch   thick by \1/4\ (.25) inch
 wide gauge to slip into     wide gauge to slip into
 the opening.                the opening.
---------------------------
(iii) ``Adhering hull       (iii) ``Adhering hull       It is proposed
 material'' when an          material'' means an         to increase the
 aggregate amount covers     aggregate amount covers     surface area
 more than one-sixteenth     more than one-eighth of     allowed for
 of the total shell          the total shell surface,    adhering hull
 surface, or when readily    or when readily             material. The
 noticeable on dyed          noticeable on dyed          industry
 shells.                     shells.                     believes that
                                                         small amounts
                                                         of adhering
                                                         hull material
                                                         do not detract
                                                         from the
                                                         marketability
                                                         of nuts, that
                                                         this change
                                                         promotes
                                                         uniformity of
                                                         defining
                                                         similar factors
                                                         as this factor
                                                         is similar in
                                                         appearance to
                                                         Dark Stained,
                                                         that the change
                                                         enables more
                                                         accurate
                                                         product
                                                         grading, and
                                                         that the
                                                         tolerance
                                                         allowed is
                                                         sufficiently
                                                         restrictive in
                                                         order to
                                                         promote orderly
                                                         marketing.
---------------------------
(iv) ``Light stained'' on   (iv) ``Light stained'' on   The word
 raw or roasted nuts, when   raw or roasted nuts,        ``when'' is
 an aggregate amount of      means an aggregate amount   proposed to be
 yellow to light brown or    of yellow to light brown    replaced by the
 light gray discoloration    or light gray               word ``means''
 is noticeably contrasting   discoloration is            to clearly
 with the predominate        noticeably contrasting      define the term
 color of the shell and      with the predominate        noted. There is
 affects more than one-      color of the shell and      no change in
 fourth of the total shell   affects more than one-      the application
 surface or, on dyed nuts,   fourth of the total shell   of the term to
 when readily noticeable.    surface or, on dyed nuts,   the product.
                             when readily noticeable.
---------------------------
(v) ``Dark stained'' on     (v) ``Dark stained'' on     The word
 raw or roasted nuts, when   raw or roasted nuts,        ``when'' is
 an aggregate amount of      means an aggregate amount   proposed to be
 dark brown, dark gray or    of dark brown, dark gray    replaced by the
 black discoloration         or black discoloration      word ``means''
 affects more than one-      affects more than one-      to clearly
 eighth of the total shell   eighth of the total shell   define the term
 surface, or, on dyed        surface, or, on dyed        noted. There is
 nuts, when readily          nuts, when readily          no change in
 noticeable.                 noticeable, provided that   the application
                             speckled appearing stain    of the term to
                             located within the area     the product. It
                             of one-fourth of the        is proposed to
                             shell surface nearest the   exempt speckled
                             stem end shall be           appearing stain
                             disregarded.                on the stem end
                                                         of the nut. The
                                                         industry
                                                         believes that
                                                         this type of
                                                         stain is
                                                         routinely
                                                         overlooked, is
                                                         inconspicuous,
                                                         does not
                                                         adversely
                                                         affect the
                                                         marketing of
                                                         affected nuts,
                                                         and that this
                                                         change will
                                                         enable more
                                                         accurate
                                                         product
                                                         grading.
---------------------------

[[Page 28149]]

 
(e) ``Internal (kernel)     (e) ``Internal (kernel)     There is no
 defects'' means any         defects'' means any         change in this
 blemish affecting the       blemish affecting the       text, except
 kernel. Such defects        kernel. Such defects        for section
 include, but are not        include, but are not        number
 limited to evidence of      limited to evidence of      references in
 insects, immature           insects, immature           subparagraph
 kernels, rancid kernels,    kernels, rancid kernels,    (e)(1) and the
 mold, or decay.             mold, or decay.             redesignation
(1) ``Damage'' by internal  (1) ``Damage'' by internal   of paragraphs
 (kernel) defects means      (kernel) defects means      (i through iii)
 any specific defect         any specific defect         as (i through
 described in paragraphs     described in paragraphs     ii) as a result
 (e)(1)(i) through (iii)     (e)(1)(i) through (ii) of   of the removal
 of this section; or an      this section; or an         of paragraph
 equally objectionable       equally objectionable       (i), as
 variation of any one of     variation of any one of     discussed
 these defects, any other    these defects, any other    below.
 defect, or any              defect, or any
 combination of defects,     combination of defects,
 which materially detracts   which materially detracts
 from the appearance or      from the appearance or
 the edible or marketing     the edible or marketing
 quality of the individual   quality of the individual
 kernel or of the lot.       kernel or of the lot.
 (For tolerances see Sec.    (For tolerances see Sec.
  51.2542, Table II.)         51.2544, Table II.)
---------------------------
(i) ``Minor white or gray   ..........................  It is proposed
 mold'' when not readily                                 to delete the
 noticeable on the kernel                                term ``minor
 and which can be easily                                 mold'' as the
 rubbed off with the                                     term is no
 fingers.                                                longer used by
                                                         the industry.
                                                         All visible
                                                         mold is
                                                         considered
                                                         under the same
                                                         grading
                                                         category. This
                                                         would result in
                                                         a rearrangement
                                                         of the current
                                                         outline
                                                         designations
                                                         for other
                                                         factors in the
                                                         standards.
---------------------------
(ii) ``Immature kernels''   (i) ``Immature kernels''    All proposed
 when they are excessively   are excessively thin or     changes of text
 thin or when a kernel       when a kernel fills less    in this section
 fills less than three-      than three-fourths, but     are for
 fourths, but not less       not less than one-half      clarification
 than one-half the shell     the shell cavity.           of the
 cavity.                    (ii) ``Kernel Spotting''     definition.
(iii) ``Kernel spots''       refers to dark brown or     There is no
 when dark brown or dark     dark gray spots             change in the
 gray and aggregating more   aggregating more than one-  application of
 than one-eighth of the      eighth of the surface of    the term to the
 surface of the kernel.      the kernel.                 product. The
                                                         paragraph
                                                         designations
                                                         are changed to
                                                         correspond with
                                                         the deletion of
                                                         paragraph (i).
---------------------------
(2) ``Serious damage'' by   (2) ``Serious damage'' by   There is no
 internal (kernel) defects   internal (kernel) defects   change in this
 means any specific defect   means any specific defect   text, except
 described in paragraphs     described in paragraphs     for the re-
 (e)(2)(i) through (v) of    (e)(2)(i) through (v) of    designation of
 this section; or an         this section; or an         the
 equally objectionable       equally objectionable       parenthetical
 variation of any one of     variation of any one of     reference to
 these defects, any other    these defects, any other    Sec.   51.2544,
 defect, or any              defect, or any              required
 combination of defects,     combination of defects,     because of the
 which seriously detracts    which seriously detracts    rearrangement
 from the appearance or      from the appearance or      of the section
 the edible or the           the edible or the           numbers.
 marketing quality of the    marketing quality of the
 individual kernel or of     individual kernel or of
 the lot. (For tolerances    the lot. (For tolerances
 see Sec.   51.2542, Table   see Sec.   51.2544, Table
 II.)                        II.)
---------------------------
(i) ``Minor insect or       (i) ``Minor insect or       All proposed
 vertebrate injury'' when    vertebrate injury'' means   changes in this
 the kernel shows            the kernel shows            text are for
 conspicuous evidence of     conspicuous evidence of     clarification
 feeding.                    feeding.                    of the
(ii) ``Insect damage''      (ii) ``Insect damage'' is    definition.
 when an insect, insect      an insect, insect           There is no
 fragment, web or frass is   fragment, web or frass      change in the
 attached to the kernel.     attached to the kernel.     application of
 No live insects shall be    No live insects shall be    the term to the
 permitted.                  permitted.                  product.
(iii) ``Mold'' when any     (iii) ``Mold'' which is
 type is readily visible     readily visible on the
 on the shell or kernel.     shell or kernel.
---------------------------
(iv) ``Rancidity'' means    (iv) ``Rancidity'' means    There is no
 the kernel is distinctly    the kernel is distinctly    change in this
 rancid to taste.            rancid to taste.            text.
 Staleness of flavor shall   Staleness of flavor shall
 not be classed as           not be classed as
 rancidity.                  rancidity.
---------------------------
(v) ``Decay'' when any      (v) ``Decay'' means one-    It is proposed
 portion of the kernel is    sixteenth or more of the    that the
 decomposed.                 kernel surface is           scoring of
                             decomposed.                 decay on
                                                         individual
                                                         kernels be
                                                         amended to
                                                         recognize it on
                                                         the basis of
                                                         surface area.
                                                         Areas of decay
                                                         smaller than
                                                         the one-
                                                         sixteenth
                                                         surface area
                                                         are difficult
                                                         to see and
                                                         verify as
                                                         decay. Smaller
                                                         areas are
                                                         routinely dry
                                                         and do not
                                                         affect the
                                                         taste or
                                                         marketing of
                                                         nuts.
---------------------------
(f) ``Other defects''       (f) ``Other defects''       There is no
 means defects which         means defects which         change in this
 cannot be considered        cannot be considered        text, except
 internal defects or         internal defects or         for the re-
 external defects. Such      external defects. Such      designation of
 defects include, but are    defects include, but are    the
 not limited to shell        not limited to shell        parenthetical
 pieces, blanks, foreign     pieces, blanks, foreign     reference to
 material or particles and   material or particles and   Sec.   51.2544,
 dust. The following shall   dust. The following shall   required
 be considered other         be considered other         because of the
 defects. (For tolerances    defects. (For tolerances    rearrangement
 see Sec.   51.2542, Table   see Sec.   51.2544, Table   of the section
 III.)                       III.)                       numbers.
---------------------------

[[Page 28150]]

 
(1) ``Shell pieces'' means  (1) ``Shell pieces'' means  It is proposed
 half shells or pieces of    open in-shell nuts not      to amend the
 shell which are loose in    containing a kernel, half   definition of
 the sample.                 shells or pieces of shell   ``Shell
(2) ``Blank'' means a        which are loose in the      Pieces'' to
 split or a non-split        sample.                     include split
 shell not containing a     (2) ``Blank'' means a non-   shell nuts
 kernel or containing a      split shell not             without a
 kernel that fills less      containing a kernel or      kernel and to
 than one-half the shell     containing a kernel that    remove this
 cavity.                     fills less than one-half    type of empty
                             the shell cavity.           shell from the
                                                         definition of
                                                         ``Blanks.''
                                                         Such empty
                                                         shells are
                                                         naturally
                                                         split, whole
                                                         shells without
                                                         a resident
                                                         kernel. Blanks
                                                         are considered
                                                         as an empty or
                                                         partially
                                                         filled shell
                                                         which has not
                                                         become
                                                         naturally
                                                         opened. This
                                                         will provide a
                                                         more logical
                                                         and uniformly
                                                         applicable
                                                         definition for
                                                         treating loose
                                                         shells or shell
                                                         pieces. All
                                                         empty shells,
                                                         half shells or
                                                         pieces of
                                                         shells will be
                                                         considered
                                                         under the same
                                                         definition.
---------------------------
(3) ``Foreign material''    (3) ``Foreign material''    There is no
 means leaves, sticks,       means leaves, sticks,       change in this
 loose hulls or hull         loose hulls or hull         text.
 pieces, dirt, rocks,        pieces, dirt, rocks,
 insects or insect           insects or insect
 fragments not attached to   fragments not attached to
 nuts, or any substance      nuts, or any substance
 other than pistachio        other than pistachio
 shells or kernels. Glass,   shells or kernels. Glass,
 metal or live insects       metal or live insects
 shall not be permitted.     shall not be permitted.
(4) ``Particles and dust''  (4) ``Particles and dust''
 means pieces of nut         means pieces of nut
 kernels which will pass     kernels which will pass
 through a \5/64\ inch       through a \5/64\ inch
 round opening.              round opening.
---------------------------
                            (5) ``Undersized'' means    This definition
                             pistachio nuts in the       is proposed to
                             shell which fall through    be added in
                             a \30/64\ inch round hole   order to
                             screen.                     interpret the
                                                         term as it is
                                                         used in the
                                                         grade level
                                                         specifications
                                                         and application
                                                         of the
                                                         tolerance
                                                         established in
                                                         Table I.
---------------------------
Sec.   51.2546 Average      Sec.   51.2548 Average      This section
 Moisture Content            Moisture Content            number is
 Determination               Determination               proposed to be
                                                         added to allow
                                                         for the
                                                         previous
                                                         establishment
                                                         of the U.S.
                                                         Artificially
                                                         Opened and U.S.
                                                         Non-Split
                                                         grades. The
                                                         title and
                                                         accompanying
                                                         text has been
                                                         moved from Sec.
                                                           51.2546, and
                                                         is changed as
                                                         noted.
---------------------------
(a) Determining average     (a) Determining average     There is no
 moisture content of the     moisture content of the     change in this
 lot is not a requirement    lot is not a requirement    text from Sec.
 of the grades, except       of the grades, except        51.2546, as
 when nuts are specified     when nuts are specified     written.
 as ``very well dried.''     as ``very well dried.''
 It may be carried out       It may be carried out
 upon request in             upon request in
 connection with grade       connection with grade
 analysis or as a separate   analysis or as a separate
 determination.              determination.
---------------------------
(b) Nuts shall be obtained  (b) Nuts shall be obtained  The requirement
 from a randomly drawn       from a randomly drawn       that the nuts
 composite sample and only   composite sample.           be shelled to
 kernels shall be used for   Official certification      determine the
 analysis. Shells and all    shall be based on the air-  moisture
 non-kernel material shall   oven method or other        content of the
 be removed immediately      officially approved         kernels is
 before analysis. Official   methods or devices.         proposed to be
 certification shall be      Results obtained by         deleted. It is
 based on the air-oven       methods or devices not      industry
 method or other             officially approved may     practice to
 officially approved         be reported and shall       determine
 methods or devices.         include a description of    moisture
 Results obtained by         the method or device and    content on the
 methods or devices not      the owner of any            entire nut
 officially approved may     equipment used.             (shell and
 be reported and shall                                   kernel).
 include a description of
 the method or device and
 the owner of any
 equipment used.
---------------------------
Sec.   51.2547 Metric       Sec.   51.2549 Metric       This section
 Conversion Table            Conversion Table            number is
                                                         proposed to
                                                         allow for the
                                                         previous
                                                         establishment
                                                         of the ``U.S.
                                                         Artificially
                                                         Opened'' and
                                                         ``U.S. Non-
                                                         Split'' grades.
                                                         The title and
                                                         text have been
                                                         moved from Sec.
                                                           51.2547.
---------------------------
Inches Millimeters          Inches Millimeters          A conversion
\5/64\............ 1.98     \5/64\............ 1.98      from fractions
\18/1000\............ 0.46  \18/1000\............ 0.46   of an inch to
\1/4\............ 6.35      \1/4\............ 6.35       millimeters has
\26/64\............ 10.32   \30/64\............ 11.88    been provided
Ounces............ Grams    Ounces............ Grams     for the
1............ 28.35         1............ 28.35          measurement \30/
2............ 56.70         2............ 56.70          64\, as this is
                                                         the minimum nut
                                                         size referenced
                                                         in the
                                                         standards. It
                                                         replaces the
                                                         fraction \26/
                                                         64\.
------------------------------------------------------------------------


[[Page 28151]]


      United States Standards for Grades of Shelled Pistachio Nuts
------------------------------------------------------------------------
     Current standard                Proposed              Discussion
------------------------------------------------------------------------
Sec.   51.2555 General      Sec.   51.2555 General      The proposed
(a) Compliance with the     (a) Compliance with the      change in
 provisions of these         provisions of these         section (b)
 standards shall not         standards shall not         provides the
 excuse failure to comply    excuse failure to comply    latitude to use
 with provisions of          with provisions of          the U.S. grade
 applicable Federal or       applicable Federal or       standards for
 State laws.                 State laws.                 kernels which
(b) These standards are     (b) These standards are      have been both
 applicable to raw,          applicable to raw,          salted and
 roasted, or salted          roasted, or salted          roasted.
 pistachio kernels; or any   pistachio or salted/
 combination thereof.        roasted pistachio
 However, nuts of            kernels.
 obviously dissimilar
 forms shall not be
 commingled.
---------------------------
Sec.   51.2556 Grades       Sec.   51.2556 Grades       The grade names
(a) ``U.S. Fancy,'' ``U.S.  (a) ``U.S. Fancy,'' ``U.S.   of ``U.S. No.
 No. 1,'' and ``U.S. No.     Extra No. 1,'' and ``U.S.   1'' and ``U.S.
 2'' consist of pistachio    No. 1'' consist of          No. 2'' are
 kernels which meet the      pistachio kernels which     proposed to be
 following basic             meet the following basic    changed to
 requirements:               requirements:               ``U.S. Extra
                                                         No. 1'' and
                                                         ``U.S. No. 1.''
                                                         This would
                                                         harmonize the
                                                         grade
                                                         references with
                                                         other tree nut
                                                         standards and
                                                         observe current
                                                         industry
                                                         marketing
                                                         terms.
---------------------------
(1) Well dried, or very     (1) Well dried, or very     There is no
 well dried when specified   well dried when specified   change in this
 in connection with the      in connection with the      text.
 grade.                      grade.
(2) Free from:              (2) Free from:
(1) Foreign material,       (1) Foreign material,
 including in-shell nuts,    including in-shell nuts,
 shells, or shell            shells, or shell
 fragments.                  fragments.
(3) Free from damage by:    (3) Free from damage by:
---------------------------
(i) Minor mold;             (i) Immature kernels;       The term ``minor
(ii) Immature kernels;      (ii) Kernel spotting; and,   mold'' is
(iii) Spotting; and,        (iii) Other defects.         proposed to be
(iv) Other defects.                                      deleted as the
                                                         term is no
                                                         longer used by
                                                         the industry.
                                                         All visible
                                                         mold is
                                                         considered
                                                         under the same
                                                         grading
                                                         category. This
                                                         would result in
                                                         a rearrangement
                                                         of the current
                                                         outline
                                                         designations
                                                         for other
                                                         factors in the
                                                         standards. The
                                                         term
                                                         ``Spotting'' is
                                                         revised to
                                                         ``Kernel
                                                         spotting'' to
                                                         correspond with
                                                         the term
                                                         defined in Sec.
                                                           51.2560.
---------------------------
(4) Free from serious       (4) Free from serious       (vi) There is no
 damage by:                  damage by:                  change in this
(i) Mold;                   (i) Mold;                    text.
(ii) Minor insect or        (ii) Minor insect or
 vertebrate injury;          vertebrate injury;
(iii) Insect damage;        (iii) Insect damage;
(iv) Rancidity;             (iv) Rancidity;
(v) Decay; and,             (v) Decay; and,
(vi) Other defects.         (vi) Other defects.
---------------------------
(5) Unless otherwise        (5) Unless otherwise        The size
 specified, kernels shall    specified, kernels shall    classification
 meet the size               meet the size               ``Whole
 classification of Whole     classification of Jumbo     Kernels'' is
 Kernels (See Sec.           Whole Kernels (See Sec.     proposed to be
 51.2559).                   51.2559).                   changed to
                                                         ``Jumbo Whole
                                                         Kernels'' to be
                                                         the same as
                                                         current
                                                         industry use.
---------------------------
Sec.   51.2557 Tolerances   Sec.   51.2557 Tolerances   There is no
(a) In order to allow for   (a) In order to allow for    change in this
 variations incident to      variations incident to      text.
 proper grading and          proper grading and
 handling, the tolerances,   handling, the tolerances,
 by weight, in Table I are   by weight, in Table I are
 provided.                   provided.
------------------------------------------------------------------------


                                                     Table I
----------------------------------------------------------------------------------------------------------------
                                 Current      Proposed       Current      Proposed       Current      Proposed
    Factor (tolerances by    -----------------------------------------------------------------------------------
           weight)                                                       U.S. extra
                               U.S. fancy    U.S. fancy    U.S. No. 1       No. 1      U.S. No. 2    U.S. No. 1
----------------------------------------------------------------------------------------------------------------
                                        Percent
                                        Percent
                                        Percent
                             ---------------
(a) Damage..................          2.0           2.0           2.5           2.5            3.0           3.0
(b) Serious Damage..........          1.5           1.5           2.0           2.0            2.5           2.5
(1) Insect Damage, mold,               .3            .3            .4            .4             .5            .5
 rancid, decay, included in
 (b)........................
(c) Foreign Material........           .03           .03           .05           .05            .1            .1 
----------------------------------------------------------------------------------------------------------------
Table I Discussion:
Column headings are changed to correspond with grade name changes. There is no change in the tolerances for the
  re-designated grade names, as compared to previous grade names.


[[Page 28152]]



 
----------------------------------------------------------------------------------------------------------------
          Current standard                          Proposed                             Discussion
----------------------------------------------------------------------------------------------------------------
Sec.   51.2558 Application of         Sec.   51.2558 Application of         There is no change in this text.
 Tolerances                            Tolerances
The tolerances for the grades apply   The tolerances for the grades apply
 to the entire lot and shall be        to the entire lot and shall be
 based on a composite sample           based on a composite sample
 representative of the lot. Any        representative of the lot. Any
 container or group of containers      container or group of containers
 which have kernels obviously          which have kernels obviously
 different in quality or size from     different in quality or size from
 those in the majority of containers   those in the majority of containers
 shall be considered a separate lot    shall be considered a separate lot
 and shall be sampled separately.      and shall be sampled separately.
-------------------------------------
Sec.   51.2559 Size Classifications   Sec.   51.2559 Size Classifications   No change in subparagraph (a);
(a) The size of pistachio kernels     (a) The size of pistachio kernels      however, size classifications and
 may be specified in connection with   may be specified in connection with   definitions previously designated
 the grade in accordance with one of   the grade in accordance with one of   as subparagraphs (1) through (5)
 the following size classifications.   the following size classifications.   have been changed as noted. These
                                                                             changes are proposed to conform
                                                                             with current industry terminology
                                                                             and definitions of sizes used in
                                                                             marketing pistachio kernels.
-------------------------------------
(1) Whole Kernels: 80 percent or      (1) Jumbo Whole Kernels: 80 percent   Kernel size definitions are proposed
 more by weight shall be whole         or more by weight shall be whole      to be redefined to conform to
 kernels and not more than 5 percent   kernels and not more than 5 percent   current industry terminology and
 of the total sample shall pass        of the total sample shall pass        marketing practices.
 through a \16/64\ inch round          through a \24/64\ inch round hole
 opening, including not more than 1    screen with not more than 1 percent
 percent of the total sample shall     passing through a \16/64\ inch
 pass through a \5/64\ inch round      round hole screen.
 opening.                             (2) Large Whole Kernels: 80 percent
(2) Whole and Pieces: 40 percent or    or more, by weight, shall be whole
 more by weight shall be whole         kernels and not more than 2 percent
 kernels and not more than 15          of the total sample shall pass
 percent of the total sample shall     through a \16/64\ inch round hole
 pass through a \16/64\ inch round     screen.
 opening, including not more than 2
 percent of the total sample shall
 pass through a \5/64\ inch round
 opening.
-------------------------------------
(3) Large Pieces: Portions of         (3) Large Split Kernels: 75 percent   Kernel size definitions are proposed
 kernels of which not more than 10     or more, by weight, shall be half     to be redefined to conform to
 percent will remain on a \24/64\      kernels split lengthwise and not      current industry terminology and
 inch round opening, provided that     more than 5 percent of the total      marketing practices.
 not more than 20 percent of the       sample shall pass through a \16/64\
 total sample shall pass through a     inch round hole screen.
 \16/64\ inch round opening,          (4) Whole and Broken Kernels: means
 including not more than 2 percent     a mixture of any combination of
 of the total sample shall pass        whole kernels or pieces. The
 through a \5/64\ inch round           percentage of whole kernels and/or
 opening. Not more than 25 percent     pieces may be specified. Not more
 of the total sample shall be whole    than 5 percent of the total sample
 kernels.                              shall pass through a \5/64\ inch
(4) Small Pieces: Portions of          round hole screen.
 kernels of which not more than 10
 percent will remain on a \16/64\
 inch round opening, provided that
 not more than 3 percent of the
 total sample shall pass through a
 \5/64\ inch round opening. Not more
 than 3 percent of the total sample
 shall be whole kernels.
(5) Mixed sizes: Means a mixture of
 any combination of whole kernels or
 pieces. The percentage of whole
 kernels and/or pieces may be
 specified. Not more than 5 percent
 of the total sample shall pass
 through a \5/64\ inch round
 opening.
-------------------------------------
Sec.   51.2560 Definitions            Sec.   51.2560 Definitions            The proposed change in subparagraph
(a) ``Well dried'' means the kernel   (a) ``Well dried'' means the kernel    (b) allows levels of moisture to be
 is firm and crisp.                    is firm and crisp.                    specified under special marketing
(b) ``Very well dried'' means the     (b) ``Very well dried'' means the      purposes or customer
 kernel is firm and crisp and the      kernel is firm and crisp and the      specifications.
 average moisture content of the lot   average moisture content of the lot
 does not exceed 7 percent or lower    does not exceed 7 percent or is
 levels, if specified (See Sec.        specified (See Sec.   51.2561).
 51.2561).
(c) ``Foreign material'' means        (c) ``Foreign material'' means
 leaves, sticks, in-shell nuts,        leaves, sticks, in-shell nuts,
 shells or pieces of shells, dirt,     shells or pieces of shells, dirt,
 or rocks, or any other substance      or rocks, or any other substance
 other than pistachio kernels. No      other than pistachio kernels. No
 allowable tolerances for metal or     allowable tolerances for metal or
 glass.                                glass.
(d) ``Whole kernel'' means \3/4\ of   (d) ``Whole kernel'' means \3/4\ of
 a kernel or more.                     a kernel or more.
-------------------------------------

[[Page 28153]]

 
(e) ``Pieces'' means less than \3/4\  (e) ``Splits'' means more than \3/4\  The term ``Pieces'' is proposed to
 of a kernel.                          of a half kernel split lengthwise.    be deleted and replaced with the
                                                                             term and definition for ``Splits''
                                                                             to harmonize the standards
                                                                             terminology with current industry
                                                                             marketing practices.
-------------------------------------
(f) ``Damage'' means any specific     (f) ``Damage'' means any specific     There is no change in this portion,
 defect described in paragraph (f)     defect described in paragraph (f)     except for the proposed change in
 (1) through (3) of this section or    (1) through (2) of this section or    paragraph numbering account of the
 an equally objectionable variation    an equally objectionable variation    deletion of the definition of
 of any one of these defects, any      of any one of these defects, any      ``minor mold.''
 other defect, or any combination of   other defect, or any combination of
 defects, which materially detracts    defects, which materially detracts
 from the appearance or the edible     from the appearance or the edible
 or marketing quality of the           or marketing quality of the
 individual kernel or of the lot.      individual kernel or of the lot.
 (For tolerances, see Sec.             (For tolerances, see Sec.
 51.2557, Table I.)                    51.2557, Table I.)
-------------------------------------
(1) ``Minor white or gray mold'' is   ....................................  The term ``minor mold'' is proposed
 mold that is not readily noticeable                                         to be deleted as the term is no
 on the kernel and which can be                                              longer used by the industry. All
 easily rubbed off with the fingers.                                         visible mold is considered under
                                                                             the same grading category. This
                                                                             would result in a rearrangement of
                                                                             the current outline designations
                                                                             for other factors in the standards.
-------------------------------------
(2) ``Immature kernels'' are          (1) ``Immature kernels'' are          The definition of ``Immature
 excessively thin kernels.             excessively thin kernels and can      kernels'' is proposed to be revised
                                       have black, brown or gray surface     to objectively describe the
                                       with a dark interior color and the    appearance and taste of immature
                                       immaturity has adversely affected     kernels. The paragraphs are
                                       the flavor of the kernel.             renumbered to accommodate a
                                      (2) ``Kernel spotting'' refers to      previous paragraph deletion.
                                       dark brown or dark gray spots
                                       aggregating more than one-eighth of
                                       the surface of the kernel.
-------------------------------------
(g) ``Serious damage'' means any      (g) ``Serious damage'' means any      There is no change in this text.
 specific defect described in          specific defect described in
 paragraph (g) (1) through (5) of      paragraph (g) (1) through (5) of
 this section, or an equally           this section, or an equally
 objectionable variation of any one    objectionable variation of any one
 of these defects, any other defect,   of these defects, any other defect,
 or any combination of defects,        or any combination of defects,
 which seriously detracts from the     which seriously detracts from the
 appearance or the edible or           appearance or the edible or
 marketing quality of the individual   marketing quality of the individual
 kernel or of the lot. (For            kernel or of the lot. (For
 tolerances see Sec.   51.2557 Table   tolerances see Sec.   51.2557 Table
 I.)                                   I.)
(1) ``Mold'' which is readily         (1) ``Mold'' which is readily
 visible on the kernel.                visible on the kernel.
-------------------------------------
(2) ``Minor insect or vertebrate      (2) ``Minor insect or vertebrate      The phrase ``on the kernel'' is
 injury'' means the kernel shows       injury'' means the kernel shows       proposed to be removed as it is
 conspicuous evidence of feeding on    conspicuous evidence of feeding.      redundant.
 the kernel.
-------------------------------------
(3) ``Insect damage'' is an insect,   (3) ``Insect damage'' is an insect,   It is proposed that the scoring of
 insect fragment, web, or frass        insect fragment, web, or frass        decay on individual kernels be
 attached to the kernel. No live       attached to the kernel. No live       amended to recognize it on the
 insects shall be permitted.           insects shall be permitted.           basis of surface area. Areas of
(4) ``Rancidity'' means the kernel    (4) ``Rancidity'' means the kernel     decay smaller than the one-
 is distinctly rancid to taste.        is distinctly rancid to taste.        sixteenth surface area are
 Staleness of flavor shall not be      Staleness of flavor shall not be      difficult to see and verify as
 classed as rancidity.                 classed as rancidity.                 decay. Smaller areas are routinely
(5) ``Decay'' means any portion of    (5) ``Decay'' means one-sixteenth or   dry and do not affect the taste or
 the kernel is decomposed.             more of the kernel is decomposed.     marketing of nuts.
-------------------------------------

[[Page 28154]]

 
Sec.   51.2561 Average Moisture       Sec.   51.2561 Average Moisture       There is no change in this text.
 Content Determination                 Content Determination
(a) Determining average moisture      (a) Determining average moisture
 content of the lot is not a           content of the lot is not a
 requirement of the grades, except     requirement of the grades, except
 when kernels are specified as         when kernels are specified as
 ``very well dried.'' It may be        ``very well dried.'' It may be
 carried out upon request in           carried out upon request in
 connection with grade analysis or     connection with grade analysis or
 as a separate determination.          as a separate determination.
(b) Kernels shall be obtained from a  (b) Kernels shall be obtained from a
 randomly drawn composite sample.      randomly drawn composite sample.
 Official certification shall be       Official certification shall be
 based on the air-oven method or       based on the air-oven method or
 other officially approved methods     other officially approved methods
 or devices. Results obtained by       or devices. Results obtained by
 methods or devices not officially     methods or devices not officially
 approved may be reported and shall    approved may be reported and shall
 include a description of the method   include a description of the method
 or device and owner of any            or device and owner of any
 equipment used.                       equipment used.
-------------------------------------
                                      Sec.   51.2562 Metric Conversion      This section, title and chart is
                                       Chart                                 proposed to be created in order to
                                      Inches Millimeters                     establish a metric conversion
                                      \5/64\............ 1.98                chart. USDA strives to provide
                                      \16/64\............ 6.35               metric conversions for users to
                                      \24/64\............ 9.53               have a readily available means of
                                      Ounces Grams                           converting U.S. standards of
                                      1............ 28.35                    measure to internationally
                                      2............ 56.7                     recognized metric measurements for
                                                                             those designations found in the
                                                                             U.S. Grade Standards.
----------------------------------------------------------------------------------------------------------------

    A 30-day comment period is provided for interested persons to 
comment. Thirty days is deemed appropriate because the proposed 
revisions are currently being used by the industry for trade 
facilitation. Therefore, AMS amends the United States Standards for 
Grades of Pistachio Nuts in the Shell and the United States Standards 
for Grades of Shelled Pistachio Nuts as follows:

List of Subjects in 7 CFR Part 51

    Agricultural commodities, Food grades and standards, Fruits, Nuts, 
Reporting and recordkeeping requirements, Trees, Vegetables.

PART 51--[AMENDED]

    For reasons set forth in the preamble, it is proposed that 7 CFR 
part 51 be amended as follows:
    1. The authority citation for part 51 continues to read as follows:

    Authority: 7 U.S.C. 1621--1627.

    2. Section 51.2541 is revised to read as follows:


Sec.  51.2541  U.S. Fancy, U.S. Extra No. 1, U.S. No. 1 And U.S. Select 
Grades.

    ``U.S. Fancy,'' ``U.S. Extra No. 1,'' ``U.S. No. 1,'' and ``U.S. 
Select'' consists of pistachio nuts in the shell which meet the 
following requirements:
    (a) Basic requirements:
    (1) Free from:
    (i) Foreign material;
    (ii) Loose kernels;
    (iii) Shell pieces;
    (iv) Particles and dust; and,
    (v) Blanks.
    (b) Shells:
    (1) Free from:
    (i) Non-split shells; and,
    (ii) Shells not split on suture.
    (2) Free from damage by:
    (i) Adhering hull material;
    (ii) Light stained;
    (iii) Dark stained; and,
    (iv) Other External (shell) defects.
    (c) Kernels:
    (1) Well dried, or, very well dried when specified in connection 
with the grade.
    (2) Free from damage by:
    (i) Immature kernels;
    (ii) Kernel spotting; and,
    (iii) Other Internal (kernel) defects.
    (3) Free from serious damage by:
    (i) Minor insect or vertebrate injury;
    (ii) Insect damage;
    (iii) Mold;
    (iv) Rancidity;
    (v) Decay; and,
    (vi) Other Internal (kernel) defects.
    (d) The nuts are of a size not less than \30/64\ inch in diameter 
as measured by a round hole screen.
    (e) For tolerances, see Sec.  51.2544.
    3.-4. Section 51.2542 is revised to read as follows:


Sec.  51.2542  U.S. Artificially Opened.

    ``U.S. Artificially Opened'' consists of artificially opened 
pistachio nuts in the shell which meet the following requirements:
    (a) Basic Requirements:
    (1) Free from:
    (i) Foreign material;
    (ii) Loose kernels;
    (iii) Shell pieces;
    (iv) Particles and dust; and,
    (v) Blanks.
    (b) Shells:
    (1) Free from:
    (i) Non-split shells; and,
    (ii) Shells not split on suture.
    (2) Free from damage by:
    (i) Adhering hull material;
    (ii) Light stained;
    (iii) Dark stained; and,
    (iv) Other External (shell) defects.
    (c) Kernels;
    (1) Well dried, or, very well dried when specified in connection 
with the grade;
    (2) Free from damage by:
    (i) Immature kernels;
    (ii) Kernel spotting; and,
    (iii) Other Internal (kernel) defects.
    (3) Free from serious damage by:
    (i) Minor insect or vertebrate injury;
    (ii) Insect damage;
    (iii) Mold;
    (iv) Rancidity;
    (v) Decay; and,
    (vi) Other Internal (kernel) defects.
    (d) The nuts are of a size not less than \30/64\ inch in diameter 
as measured by a round hole screen.
    (e) For Tolerances, see Sec.  51.2544.
    5. Section 51.2543 is revised to read as follows:

[[Page 28155]]

Sec.  51.2543  U.S. Non-Split.

    ``U.S. Non-Split'' consists of non-split pistachio nuts in the 
shell which meet the following requirements:
    (a) Basic requirements:
    (1) Free from:
    (i) Foreign material;
    (ii) Loose kernels;
    (iii) Shell pieces;
    (iv) Particles and dust; and,
    (v) Blanks.
    (b) Shells:
    (1) Free from damage by:
    (i) Adhering hull material; and,
    (ii) Dark stain.
    (c) Kernels:
    (1) Well dried, or very well dried when specified in connection 
with the grade.
    (2) Free from damage by:
    (i) Immature kernels;
    (ii) Kernel spotting; and,
    (iii) Other internal (kernel) defects.
    (3) Free from serious damage by:
    (i) Minor insect or vertebrate injury;
    (ii) Insect damage;
    (iii) Mold;
    (iv) Rancidity;
    (v) Decay; and,
    (vi) Other Internal (kernel) defects.
    (d) The nuts are of a size not less than \30/64\ inch in diameter 
as measured by a round hole screen.
    (e) For Tolerances, see Sec.  51.2544.
    6. Section 51.2544 is revised to read as follows:


Sec.  51.2544  Tolerances.

    (a) In order to allow for variations incident to proper grading and 
handling, the tolerances in Tables I, II, and III of this section are 
provided.

                                              Table I.--Tolerances
----------------------------------------------------------------------------------------------------------------
                                                                                           U.S.
              Factor                U.S. fancy   U.S. extra   U.S. No. 1  U.S. select  artificially   U.S. non-
                                                   No. 1                                  opened        split
----------------------------------------------------------------------------------------------------------------
External (shell) Defects               Percent      Percent      Percent      Percent       Percent      Percent
 (tolerances by weight)
----------------------------------
(a) Non-split and not split on               2            3            6           10            10          N/A
 suture..........................
(1) Non-split included in (a)....            1            2            3            4             4          N/A
(b) Adhering hull material.......            1            1            1            2             2            2
(c) Light stained................            7           12           25          N/A           N/A          N/A
(1) Dark stained, included in (c)            2            3            3            3             3            3
(d) Damage by other means........            1            1            2            3            10          N/A
(e) Total External Defects.......            9           16          N/A          N/A           N/A          N/A
(f) Undersized (Less than 30/64              5            5            5            5             4            5
 inch in diameter):..............
----------------------------------------------------------------------------------------------------------------


                                              Table II.--Tolerances
----------------------------------------------------------------------------------------------------------------
                                                                                           U.S.
              Factor                U.S. fancy   U.S. extra   U.S. No. 1  U.S. select  artificially   U.S. non-
                                                   No. 1                                  opened        split
----------------------------------------------------------------------------------------------------------------
Internal (Kernel) Defects              Percent      Percent      Percent      Percent       Percent      Percent
 (tolerances by weight)
----------------------------------
(a) Damage.......................            3            6            6            6             6            6
(b) Serious Damage...............            3            4            4            4             4            4
(1) Insect Damage, Mold, Rancid,             1            2            2            2             2            2
 Decay, included in (b)..........
(c) Total Internal Defects.......            4            8            9            9             9            9
----------------------------------------------------------------------------------------------------------------


                                             Table III.--Tolerances
----------------------------------------------------------------------------------------------------------------
                                                                                           U.S.
              Factor                U.S. fancy   U.S. extra   U.S. No. 1  U.S. select  artificially   U.S. non-
                                                   No. 1                                  opened        split
----------------------------------------------------------------------------------------------------------------
Other Defects (tolerances by           Percent      Percent      Percent      Percent       Percent      Percent
 weight)
----------------------------------
(a) Shell pieces and Blanks......            2            2            2            2             2            2
(1) Blanks, included in (a)......            1            1            1            1             1            1
(b) Foreign material (No glass,            .25          .25          .25          .25           .25          .25
 metal or live insects shall be
 permitted)......................
(c) Particles and Dust...........          .25          .25          .25          .25           .25          .25
(d) Loose kernels................            4            5            6            6             6            6
----------------------------------------------------------------------------------------------------------------

    7. Section 51.2545 is revised to read as follows:


Sec.  51.2545  Application of tolerances.

    The tolerances for the grades apply to the entire lot and shall be 
based on a composite sample drawn from containers throughout the lot. 
Any container or group of containers which have nuts obviously 
different in quality or size from those in the majority of the 
containers shall be considered a separate lot and shall be sampled 
separately.
    8. Section 51.2546 is revised to read as follows:


Sec.  51.2546  Size.

    Nuts may be considered as meeting a size designation specified in 
Table IV or a range in number of nuts per ounce, provided, the weight 
of 10 percent, by count, of the largest nuts in a sample does not 
exceed 1.50 times the weight of 10 percent, by count, of the smallest 
and the average number of nuts per ounce is not more than one-half nut 
above or below the extremes of the range specified.

[[Page 28156]]



                           Table IV.--Nut Size
------------------------------------------------------------------------
                                           Average  number of  nuts  per
            Size designations                        ounce \1\
------------------------------------------------------------------------
Colossal.................................  Less than 18.
Extra Large..............................  18 to 20.
Large....................................  21 to 25.
Medium...................................  26 to 30.
Small....................................  More than 30.
------------------------------------------------------------------------
\1\ Before roasting

    9. Section 51.2547 is revised to read as follows:


Sec.  51.2547  Definitions.

    (a) Well dried means the kernel is firm and crisp.
    (b) Very well dried means the kernel is firm and crisp and the 
average moisture content of the lot does not exceed 7.00 percent or is 
specified. (See Sec.  51.2548.)
    (c) Loose kernels means edible kernels or kernel portions which are 
out of the shell and which cannot be considered particles and dust.
    (d) External (shell) defects means any blemish affecting the hard 
covering around the kernel. Such defects include, but are not limited 
to, non-split shells, shells not split on suture, adhering hull 
material, light stained, or dark stained.
    (1) Damage by external (shell) defects means any specific defect 
described in paragraphs (d) (1) (i) through (v) of this section, or an 
equally objectionable variation of any one of these defects, any other 
defect, or any combination of defects, which materially detracts from 
the appearance or the edible or marketing quality of the individual 
shell or of the lot. (For tolerances see Sec.  51.2544, Table I.)
    (i) Non-split shells means shells are not opened or are partially 
opened and will not allow an \18/1000\ (.018) inch thick by \1/4\ (.25) 
inch wide gauge to slip into the opening.
    (ii) Not split on suture means shells are split other than on the 
suture and will allow an \18/1000\ (.018) inch thick by \1/4\ (.25) 
inch wide gauge to slip into the opening.
    (iii) Adhering hull material means an aggregate amount covers more 
than one-eighth of the total shell surface, or when readily noticeable 
on dyed shells.
    (iv) Light stained on raw or roasted nuts, means an aggregate 
amount of yellow to light brown or light gray discoloration is 
noticeably contrasting with the predominate color of the shell and 
affects more than one-fourth of the total shell surface or, on dyed 
nuts, when readily noticeable.
    (v) Dark stained on raw or roasted nuts, means an aggregate amount 
of dark brown, dark gray or black discoloration affects more than one-
eighth of the total shell surface, or, on dyed nuts, when readily 
noticeable, provided that speckled appearing stain located within the 
area of one-fourth of the shell nearest the stem end shall be 
disregarded.
    (e) Internal (kernel) defects means any blemish affecting the 
kernel. Such defects include, but are not limited to evidence of 
insects, immature kernels, rancid kernels, mold, or decay.
    (1) Damage by internal (kernel) defects means any specific defect 
described in paragraphs (e)(1)(i) through (ii) of this section; or an 
equally objectionable variation of any one of these defects, any other 
defect, or any combination of defects, which materially detracts from 
the appearance or the edible or marketing quality of the individual 
kernel or of the lot. (For tolerances see Sec.  51.2544, Table II.)
    (i) Immature kernels are excessively thin or when a kernel fills 
less than three-fourths, but not less than one-half the shell cavity.
    (ii) Kernel spotting refers to dark brown or dark gray spots 
aggregating more than one-eighth of the surface of the kernel.
    (2) Serious damage by internal (kernel) defects means any specific 
defect described in paragraphs (e)(2)(i) through (v) of this section; 
or an equally objectionable variation of any one of these defects, any 
other defect, or any combination of defects, which seriously detracts 
from the appearance or the edible or the marketing quality of the 
individual kernel or of the lot. (For tolerances see Sec.  51.2544, 
Table II.)
    (i) Minor insect or vertebrate injury means the kernel shows 
conspicuous evidence of feeding.
    (ii) Insect damage is an insect, insect fragment, web or frass 
attached to the kernel. No live insects shall be permitted.
    (iii) Mold which is readily visible on the shell or kernel.
    (iv) Rancidity means the kernel is distinctly rancid to taste. 
Staleness of flavor shall not be classed as rancidity.
    (v) Decay means one-sixteenth or more of the kernel surface is 
decomposed.
    (f) Other defects means defects which cannot be considered internal 
defects or external defects. Such defects include, but are not limited 
to shell pieces, blanks, foreign material or particles and dust. The 
following shall be considered other defects. (For tolerances see Sec.  
51.2544, Table III.)
    (1) Shell pieces means open in-shell nuts not containing a kernel, 
half shells or pieces of shell which are loose in the sample.
    (2) Blank means a non-split shell not containing a kernel or 
containing a kernel that fills less than one-half the shell cavity.
    (3) Foreign material means leaves, sticks, loose hulls or hull 
pieces, dirt, rocks, insects or insect fragments not attached to nuts, 
or any substance other than pistachio shells or kernels. Glass, metal 
or live insects shall not be permitted.
    (4) Particles and dust means pieces of nut kernels which will pass 
through a \5/64\ inch round opening.
    (5) Undersize means pistachio nuts in the shell which fall through 
a \30/64\ inch round hole screen.
    10. Section 51.2548 is added to read as follows:


Sec.  51.2548  Average Moisture Content Determination.

    (a) Determining average moisture content of the lot is not a 
requirement of the grades, except when nuts are specified as ``very 
well dried.'' It may be carried out upon request in connection with 
grade analysis or as a separate determination.
    (b) Nuts shall be obtained from a randomly drawn composite sample. 
Official certification shall be based on the air-oven method or other 
officially approved methods or devices. Results obtained by methods or 
devices not officially approved may be reported and shall include a 
description of the method or device and the owner of any equipment 
used.
    11. Section 51.2549 is added to read as follows:


Sec.  51.2549  Metric Conversion Table.

    Use the following table for metric conversion:

------------------------------------------------------------------------
                          Inches                             Millimeters
------------------------------------------------------------------------
\5/64\....................................................          1.98
\18/1000\.................................................          0.46
\1/4\.....................................................          6.35
\30/64\...................................................         11.88
-----------------------------------------------------------
                          Ounces                                Grams
-----------------------------------------------------------
1.........................................................         28.35
2.........................................................         56.70
------------------------------------------------------------------------

Subpart--United States Standards for Grades of Shelled Pistachio 
Nuts

    12. In Sec.  51.2555, paragraph (b) is revised to read as follows:


Sec.  51.2555  General.

* * * * *
    (b) These standards are applicable to raw, roasted, salted or 
salted/roasted pistachio kernels.

[[Page 28157]]

    13. Section 51.2556 is revised to read as follows:


Sec.  51.2556  Grades.

    (a) ``U.S. Fancy,'' ``U.S. Extra No. 1,'' and ``U.S. No. 1'' 
consists of pistachio kernels which meet the following requirements:
    (1) Well dried, or very well dried when specified in connection 
with the grade.
    (2) Free from:
    (i) Foreign material, including in-shell nuts, shells, or shell 
fragments.
    (3) Free from damage by:
    (i) Immature kernels;
    (ii) Kernel spotting; and
    (iii) Other defects.
    (4) Free from serious damage by:
    (i) Mold;
    (ii) Minor insect or vertebrate injury;
    (iii) Insect damage;
    (iv) Rancidity;
    (v) Decay; and,
    (vi) Other defects.
    (5) Unless otherwise specified, kernels shall meet the size 
classification of Jumbo Whole Kernels (See Sec.  51.2559).
    (b) [Reserved]
    14. In Sec.  51.2557, Table I is revised to read as follows:


Sec.  51.2557  Tolerances.

* * * * *

                                              Table I.--Tolerances
----------------------------------------------------------------------------------------------------------------
                                                                    U.S. fancy    U.S. extra No.    U.S. No. 1
                                                                 ----------------        1       ---------------
                  Factor (tolerances by weight)                                  ----------------
                                                                      Percent         Percent         Percent
----------------------------------------------------------------------------------------------------------------
(a) Damage......................................................            2.0             2.5              3.0
(b) Serious Damage..............................................            1.5             2.0              2.5
(1) Insect Damage, mold, rancid, decay, included in (b).........             .3              .4               .5
(c) Foreign Material............................................             .03             .05              .1
----------------------------------------------------------------------------------------------------------------

    15. Section 51.2559 is revised to read as follows:


Sec.  51.2559  Size Classifications.

    (a) The size of pistachio kernels may be specified in connection 
with the grade in accordance with one of the following size 
classifications.
    (1) Jumbo Whole Kernels: 80 percent or more by weight shall be 
whole kernels and not more than 5 percent of the total sample shall 
pass through a 24/64 inch round hole screen with not more than 1 
percent passing through a 16/64 inch round hole screen.
    (2) Large Whole Kernels: 80 percent or more, by weight, shall be 
whole kernels and not more than 2 percent of the total sample shall 
pass through a 16/64 inch round hole screen.
    (3) Large Split Kernels: 75 percent or more, by weight, shall be 
half kernels split lengthwise and not more than 5 percent of the total 
sample shall pass through a 16/64 inch round hole screen.
    (4) Whole and Broken Kernels: means a mixture of any combination of 
whole kernels or pieces. The percentage of whole kernels and/or pieces 
may be specified. Not more than 5 percent of the total sample shall 
pass through a \5/64\ inch round hole screen.
    (b) [Reserved]
    16. Section 51.2560 is revised to read as follows:


Sec.  51.2560  Definitions.

    (a) Well dried means the kernel is firm and crisp.
    (b) Very well dried means the kernel is firm and crisp and the 
average moisture content of the lot does not exceed 7 percent or is 
specified (See Sec.  51.2561).
    (c) Foreign material means leaves, sticks, in-shell nuts, shells or 
pieces of shells, dirt, or rocks, or any other substance other than 
pistachio kernels. No allowable tolerances for metal or glass.
    (d) Whole kernel means \3/4\ of a kernel or more.
    (e) Splits means more than \3/4\ of a half kernel split lengthwise.
    (f) Damage means any specific defect described in paragraph (f) (1) 
through (2) of this section or an equally objectionable variation of 
any one of these defects, any other defect, or any combination of 
defects, which materially detracts from the appearance or the edible or 
marketing quality of the individual kernel or of the lot. (For 
tolerances, see Sec.  51.2557, Table I.)
    (1) Immature kernels are excessively thin kernels and can have 
black, brown or gray surface with a dark interior color and the 
immaturity has adversely affected the flavor of the kernel.
    (2) Kernel spotting refers to dark brown or dark gray spots 
aggregating more than one-eighth of the surface of the kernel.
    (g) Serious damage means any specific defect described in 
paragraphs (g) (1) through (5) of this section, or an equally 
objectionable variation of any one of these defects, any other defect, 
or any combination of defects, which seriously detracts from the 
appearance or the edible or marketing quality of the individual kernel 
or of the lot. (For tolerances see Sec.  51.2557 Table I.)
    (1) Mold which is readily visible on the kernel.
    (2) Minor insect or vertebrate injury means the kernel shows 
conspicuous evidence of feeding.
    (3) Insect damage is an insect, insect fragment, web or frass 
attached to the kernel. No live insects shall be permitted.
    (4) Rancidity means the kernel is distinctly rancid to taste. 
Staleness of flavor shall not be classed as rancidity.
    (5) Decay means one-sixteenth or more of the kernel is decomposed.
    17. Section 51.2562 is added to read as follows:


Sec.  51.2562  Metric Conversion Table.

    Use the following table for metric conversion:

------------------------------------------------------------------------
                          Inches                            Millimeters
------------------------------------------------------------------------
\5/64\...................................................           1.98
\16/64\..................................................           6.35
\24/64\..................................................           9.53
----------------------------------------------------------
                          Ounces                               Grams
----------------------------------------------------------
1........................................................          28.35
2........................................................          56.7
------------------------------------------------------------------------


    Dated: May 16, 2003.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 03-12805 Filed 5-22-03; 8:45 am]
BILLING CODE 3410-02-P