[Federal Register Volume 70, Number 47 (Friday, March 11, 2005)]
[Notices]
[Pages 12172-12173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4813]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Docket Number FV-04-311]


United States Standards for Grades of Kale

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice; request for public comment.

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SUMMARY: The Agricultural Marketing Service (AMS) of the Department of 
Agriculture (USDA) is soliciting comments on it's proposal to revise 
the United States Standards for Grades of Kale. This action is being 
taken at the request of the Fruit and Vegetable Industry Advisory 
Committee, which asked AMS to review the grade standards for possible 
revision. AMS is proposing to revise the standards to allow percentages 
to be determined by count rather than weight. AMS is also proposing to 
revise the application of tolerances for packages which contain less 
than 15 specimens. Additionally, based on a request from an industry 
group, the North American Perishable Agriculture Receivers (NAPAR), AMS 
is proposing to allow the standards to be used for kale leaves and 
bunches of leaves in addition to kale plants. The proposed revision 
would bring the standards for kale in line with current marketing 
practices, thereby improving the usefulness in serving the industry.

DATES: Comments must be received by May 10, 2005.

ADDRESSES: Interested persons are invited to submit written comments to 
the Standardization Section, Fresh Products Branch, Fruit and Vegetable 
Programs, Agricultural Marketing Service, U.S. Department of 
Agriculture, 1400 Independence Ave. SW., Room 1661, South Building, 
Stop 0240, Washington, DC 20250-0240; Fax (202)

[[Page 12173]]

720-8871, E-mail [email protected].
    Comments should make reference to the dates and page number of this 
issue of the Federal Register and will be made available for public 
inspection in the above office during regular business hours. The 
United States Standards for Grades of Kale are available either through 
the address cited above or by accessing the Fresh Products Branch Web 
site at http://www.ams.usda.gov/standards/stanfrfv.htm.

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

SUPPLEMENTARY INFORMATION: Section 203(c) of the Agricultural Marketing 
Act of 1946 (7 U.S.C. 1621-1627), 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 * * *.'' AMS is committed to 
carrying out this authority in a manner that facilitates the marketing 
of agricultural commodities and makes copies of official standards 
available upon request. The United States Standards for Grades of 
Fruits and Vegetables not connected with Federal Marketing Orders or 
U.S. Import Requirements no longer appear in the Code of Federal 
Regulations, but are maintained by USDA/AMS/Fruit and Vegetable 
Programs.
    AMS is proposing to revise the voluntary U.S. Standards for Grades 
of Kale using procedures that appear in Part 36 Title 7 of the Code of 
Federal Regulations (7 CFR Part 36). These standards were last revised 
in 1934.

Background

    Prior to undertaking research and other work associated with 
revision of the grade standards, AMS published a notice in the Federal 
Register (69 FR 58879) on October 1, 2004, soliciting comments on the 
possible revision to the United States Standards for Grades of Kale.
    In response to our request for comments, AMS received one comment 
from an industry group, NAPAR. The comment was in favor of the proposed 
revision.
    The proposed revision will allow percentages to be determined by 
count rather than weight. AMS is also proposing to revise the 
application of tolerances for packages which contain less than 15 
specimens. This change will allow double the tolerances specified, and 
that at least one defective specimen may be permitted in any sample, as 
long as the average for the entire lot is within the tolerance 
specified for the grade.
    AMS also received a request from NAPAR to allow the standards to be 
used for kale leaves and bunched kale leaves in addition to kale 
plants. Currently the standards only apply to kale plants. This 
proposal will bring the standards for kale in line with current 
marketing practices, thereby, improving the usefulness of the standards 
in serving the industry.
    The official grade of a lot of kale covered by these standards is 
determined by the procedures set forth in the Regulations Governing 
Inspection, Certification, and Standards of Fresh Fruits, Vegetables 
and Other Products (Sec. 51.1 to 51.61).
    This notice provides for a 60-day comment period for interested 
parties to comment on changes to the standard.

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

    Dated: March 7, 2005.
Kenneth C. Clayton,
Acting Administrator.
[FR Doc. 05-4813 Filed 3-10-05; 8:45 am]
BILLING CODE 3410-02-P