[Federal Register Volume 70, Number 118 (Tuesday, June 21, 2005)]
[Notices]
[Pages 35615-35616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12154]


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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.

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SUMMARY: The Agricultural Marketing Service (AMS) of the Department of 
Agriculture (USDA) is revising the United States Standards for Grades 
of Kale. Specifically, AMS is revising the standards to allow 
percentages to be determined by count rather than weight and the 
application of tolerances for packages which contain less than 15 
specimens. Additionally, AMS is revising the standards to allow the 
standards to be used for kale leaves and bunches of leaves in addition 
to kale plants. The revisions will bring the standards for kale in-line 
with current marketing practices, thereby improving their usefulness in 
serving the industry.

DATES: Effective Date: July 21, 2005.

FOR FURTHER INFORMATION CONTACT: David Priester, Standardization 
Section, Fresh Products Branch, Fruit and Vegetable Programs, 
Agricultural Marketing Service, U.S. Department of

[[Page 35616]]

Agriculture, 1400 Independence Avenue, SW., Room 1661 South Building, 
STOP 0240, Washington, DC 20250-0240, Fax (202) 720-8871 or call (202) 
720-2185; E-mail [email protected]. The revised United States 
Standards for Grades of Kale will be available either through the 
address cited above or by accessing the AMS, Fresh Products Branch Web 
site at: http://www.ams.usda.gov/standards/stanfrfv.htm.

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. AMS 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 revising 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).

Background

    On October 1, 2004, AMS published a notice in the Federal Register 
(69 FR 58879) 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 in favor 
of the proposed revision. The group also requested to allow the 
standards to be used for kale leaves and bunched kale leaves in 
addition to kale plants.
    A second notice was published in the March 11, 2005, Federal 
Register (70 FR 12172) based on the comment received on the first 
notice. AMS received one comment from an industry group in response to 
the second notice. The comment was in favor of the revision to the 
standard. The favorable comment stated that a well-defined standard for 
kale shipped in a variety of ways will improve consistency of delivered 
product and enhance the relevance and effectiveness of USDA 
inspections. The comment is available by accessing AMS's Home Page on 
the Internet at: http://www.ams.usda.gov/fv/fpbdocketlist.htm.
    Additionally, AMS is eliminating the unclassified category. This 
section is being removed in all standards, when they are revised. This 
category is not a grade and only serves to show that no grade has been 
applied to the lot. It is no longer considered necessary.
    Based on comments received and information gathered, AMS believes 
the revisions to the standards will bring the standards for kale in-
line with current marketing practices and thereby improve their 
usefulness.
    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).
    The United States Standards for Grades of Kale will become 
effective 30 days after the publication of this notice in the Federal 
Register.

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

    Dated: June 15, 2005.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 05-12154 Filed 6-20-05; 8:45 am]
BILLING CODE 3410-02-P