[Federal Register Volume 69, Number 242 (Friday, December 17, 2004)]
[Notices]
[Pages 75504-75505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27626]


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DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration


United States Standards for Beans

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

ACTION: Notice with opportunity to comment.

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SUMMARY: The Grain Inspection, Packers and Stockyards Administration 
(GIPSA) is proposing to remove the special grade designation ``off-
color'' from the United States Standards for Beans. GIPSA will continue 
to offer assessments for color uniformity on a request only basis. This 
action will facilitate the marketing of beans from many different 
regions.

DATES: Comments must be received by January 18, 2005.

ADDRESSES: We invite you to submit comments on the proposed rule. You 
may submit comments by any of the following methods:
     E-mail: Send comments via electronic mail to 
[email protected].
     Mail: Send hardcopy written comments to Tess Butler, 
GIPSA, USDA, 1400 Independence Avenue, SW., Room 1647-S, Washington, 
DC, 20250-3604.
     Fax: Send comments by facsimile transmission to: (202) 
690-2755.
     Hand Delivery or Courier: Deliver comments to: Tess 
Butler, GIPSA, USDA, 1400 Independence Avenue, SW., Room 1647-S, 
Washington, DC, 20250-3604.
    All comments should make reference to the date and page number of 
this issue of the Federal Register.
    To read comments: All comments received will be made available for 
public inspection at the above address during regular business hours (7 
CFR 1.27(b)).
    The current United States Standards for Beans are available by 
accessing GIPSA's Home Page on the Internet at:

[[Page 75505]]

http://www.usda.gov/gipsa/reference-library/standards/stds.htm.

FOR FURTHER INFORMATION CONTACT: John Giler, Deputy Director, Field 
Management Division, USDA, GIPSA, Room 2429-S, Stop 3632, 1400 
Independence Avenue, SW., Washington, DC, 20250-3632, telephone (202) 
720-0252; or e-mail to: [email protected].

SUPPLEMENTARY INFORMATION: Section 203(c) of the Agricultural Marketing 
Act of 1946, as amended, directs and authorizes the Secretary of 
Agriculture ``to develop and improve standards of quality, condition, 
quantity, grade, and packaging and recommend and demonstrate such 
standards in order to encourage uniformity and consistency in 
commercial practices * * *''. GIPSA is committed to carrying out this 
authority in a manner that facilitates the marketing of agricultural 
commodities. The United States Standards for Beans do not appear in the 
Code of Federal Regulations but are maintained by the U.S. Department 
of Agriculture.
    GIPSA is proposing to change the United States Standards for Beans 
using the procedures that appear at 7 CFR Section 868.102. GIPSA 
representatives work closely with the National Dry Bean Council (NDBC) 
and others in the bean industry to examine the effectiveness of the 
U.S. Standards for Beans in today's marketing environment. Through 
discussions, it appears that the current standards continue to meet 
consumer/processor needs. However, the bean industry has indicated the 
special grade ``off-color'' in dry beans is not needed to market dry 
beans.
    The special grade designation ``off-color'' has been in the U.S. 
Standards for Beans for many years. Because it is a special grade 
designation, it does not affect the numerical grade designation. The 
current written description for ``off-color'' is: ``Beans that, after 
removal of total defects, are distinctly off-color due to age or other 
natural causes but are not materially weathered.''
    Off-color is determined on a representative sample of approximately 
500 grams after the removal of total defects (i.e., splits, damaged 
beans, contrasting classes, and foreign material). Beans are considered 
as ``off-color'' if they are not of a good natural color or are stained 
to an extent that they seriously affect the appearance of the lot. 
Beans that are discolored by dust or a slight amount of dirt, which can 
be removed by processing methods, are not considered as ``off-color.''
    Bean color is dependent upon environmental conditions, varietal 
differences, moisture, storage, and age. Beans grown in various regions 
may vary greatly in general appearance. As beans mature and are ready 
for harvest, outside forces such as dew, rain, and sunlight, can 
greatly affect the color of the beans. These same forces cause beans in 
the same regions to vary in color from season to season.
    Further, beans of one class and variety grown in the Pacific 
Northwest may have an entirely different color than the same beans 
grown in the Midwest regions, yet both would be of good natural color 
for their regions. For example, the Colorado/Idaho grown pinto bean 
generally has a lighter seed coat color than the pinto beans grown in 
North Dakota. Both color types appeal to consumers and are considered a 
``good natural color.''
    Further, there is no visual reference for off-color, and, due to 
the many variances, attempts to develop a visual reference have been 
difficult. This can make assessment for off-color sometimes difficult.
    The majority of suppliers know their customer and their specific 
quality preferences. When asked to furnish a light, uniformly colored 
bean, suppliers generally know the implied color parameters, for their 
respective areas, that the customer is setting due to the supplier/
buyer relationship. However, when the supplier is not clear as to the 
needs of the customers, they use ``type samples.'' That is, the 
supplier forwards a sample representing the color and quality they have 
available to prospective customers for examination and approval. If the 
color and quality are acceptable, comparable quality is shipped to the 
customer without incident.
    GIPSA recognizes that color is, at times, a concern to buyers. 
Consequently, GIPSA will provide, upon request, an analysis for color 
to determine if color is uniform or is representative of a ``type'' 
sample. When a request for color analysis is made, a statement will be 
added to the certificate in the ``Remarks'' section stating whether the 
color is uniform, not uniform, or meets the requirements of the type 
sample.
    GIPSA is proposing to remove the special grade designation ``off-
color'' from the United States Standards for Beans. GIPSA will continue 
to offer assessments for color uniformity on a request only basis. This 
action will facilitate the marketing of beans from many different 
regions.
    GIPSA will solicit comments for 30 days. This comment period is 
considered appropriate given the upcoming production season for beans. 
All comments received within the comment period will be made part of 
the public record maintained by GIPSA, will be available to the public 
for review, and will be considered by GIPSA before final action is 
taken on the proposal.

    Authority: 7 U.S.C. 1621 et seq.

Donna Reifschneider,
Administrator, Grain Inspection, Packers and Stockyards Administration.
[FR Doc. 04-27626 Filed 12-16-04; 8:45 am]
BILLING CODE 3410-EN-P