[Federal Register Volume 70, Number 172 (Wednesday, September 7, 2005)]
[Notices]
[Pages 53149-53150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17709]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Docket Number FV-04-306]


United States Standards for Grades of Watermelons

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 is soliciting comments on its amended proposal to revise 
the United States Standards for Grades of Watermelons. AMS received a 
petition from the National Watermelon Association (NWA), amending a 
portion of their original petition. NWA's amended petition is 
requesting that seedless watermelons be defined as: ``Watermelons which 
have 10 or less mature seeds, not to include pips/caplets, on the face 
of the melon which has been cut into four equal sections (one 
lengthwise cut and one crosswise cut).'' NWA's original petition 
requested that a variance be added to the size requirements. This 
request remains unchanged.

DATES: Comments must be received by November 7, 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) 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 Watermelons 
are available either through the address cited above or by accessing 
the Fresh Products Branch Web site at: http://www.ams.usda.gov/standards/standfrfv.htm.

FOR FURTHER INFORMATION CONTACT: Cheri L. Emery, 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 United States Standards 
for Grades of Watermelons 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 1978.

[[Page 53150]]

Background

    AMS received two petitions from the NWA requesting a revision to 
the United States Standards for Grades of Watermelons. In the first 
petition, the NWA requested that the USDA revise the standards by 
defining seedless watermelons as: ``Seedless Watermelons'' are 
watermelons which have 16 or less mature seeds, not to include pips/
caplets, on the face of the melon which has been cut into four equal 
sections (one lengthwise cut and one crosswise cut). The petitioner 
also requested the size requirements be revised by adding an allowance 
for watermelons to vary 3 pounds above the stated average weight.
    Prior to undertaking research and other work associated with a 
revision of the grade standards, AMS decided to seek public comments on 
the petition. A notice requesting comments on the petition to revise 
the United States Standards for Grades of Watermelons was published in 
the April 22, 2004, Federal Register (69 FR 21812).
    In response to our request for comments, AMS received one comment 
from an industry group. The comment was in favor of the proposed 
revision of the standards.
    On October 29, 2004, AMS published a notice in the Federal Register 
(69 FR 209) proposing to revise the standards based on the petitioner 
request to define seedless watermelons and add a variance to the size 
requirements.
    A 60-day comment period was provided for interested parties to 
comment on the proposed changes to the standards.
    In response to our request for comments, AMS received two comments 
on the proposed revision. One from an industry group representing 
receivers and one comment from a consumer. Both commenters supported 
the inclusion of a definition for seedless watermelons with a lower 
number of allowable seed count. The commenter representing receivers 
supported the inclusion of a 3 pound variance in the size requirements, 
while the other commenter supported a 1 pound variance. The comments 
are available by accessing AMS's Home Page on the Internet at: http://www.ams.usda.gov/fv/fpbdocketlist.htm.
    After the comment period ended, AMS received a second petition from 
the NWA amending the seedless watermelon definition in their original 
petition. The amended petition is requesting that seedless watermelons 
be defined as: ``Watermelons which have 10 or less mature seeds, not to 
include pips/caplets, on the face of the melon which has been cut into 
four equal sections (one lengthwise cut and one crosswise cut).'' NWA 
did not amend their petition in regard to the inclusion of a the 3 
pound variance.
    Based on the submitted information and comments received, AMS is 
proposing to revise the standards for watermelons following the 
standard format for U.S. Grade Standards. Specifically, the proposed 
revision will define seedless watermelons by including the following 
definition: ``Seedless Watermelons'' are watermelons which have 10 or 
less mature seeds, not to include pips/caplets, on the face of the 
melon which has been cut into four equal sections (one lengthwise cut 
and one crosswise cut).
    AMS is also proposing to change the size requirements by adding an 
allowance for watermelons to vary 3 pounds above the stated average 
weight. As previously stated, one commenter recommended a 1 pound 
variance rather then 3 pound variance. However, AMS is proposing to 
change the size requirements by adding an allowance for watermelons to 
vary 3 pounds above average weight as the standard currently allows 
watermelons to vary 3 pounds below the stated weight, therefore the 
inclusion would be consistent within the standards.
    This proposal will bring the standards for watermelons in line with 
current marketing practices, thereby, improving the usefulness of the 
standards in serving the industry. The official grade of a lot of 
watermelons covered by these standards will be 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 standards.

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

    Dated: September 1, 2005.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. 05-17709 Filed 9-6-05; 8:45 am]
BILLING CODE 3410-02-P