[Federal Register Volume 71, Number 191 (Tuesday, October 3, 2006)]
[Notices]
[Pages 58367-58368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16256]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Docket Number FV-05-303]


United States Standards for Grades of Bunched Italian Sprouting 
Broccoli

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice.

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SUMMARY: The Agricultural Marketing Service (AMS) is revising the 
voluntary United States Standards for Grades of Bunched Italian 
Sprouting Broccoli. AMS is revising the standards to include provisions 
for certifying and grading broccoli crowns and florets. Specific size 
requirements for broccoli crowns and florets are being established. 
Additionally, the size requirements for the U.S. Fancy grade are being 
revised to provide minimum and maximum lengths for broccoli bunches 
``unless otherwise specified.'' AMS is also revising the size 
specification section to allow percentages to be determined ``by 
weight,'' as well as ``by count,'' when fairly uniform in size. AMS is 
adding a definition for fairly uniform and definitions for the terms 
florets and crowns and revising the definition for diameter. AMS is 
defining and adding ``same type'' to the requirements for each of the 
grades. AMS is eliminating the unclassified category. Additionally, AMS 
is revising the title of the standards to United States Standards for 
Grades of Italian Sprouting Broccoli as the standards will now apply to 
multiple forms of broccoli. These changes are made to update the 
broccoli grade standards and better reflect current marketing 
practices.

DATES: Effective Date: November 2, 2006.

FOR FURTHER INFORMATION CONTACT: Cheri L. Emery, Standardization 
Section, Fresh Products Branch, Fruit and Vegetable Programs, 
Agricultural Marketing Service, U.S. Department of 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 Italian Sprouting Broccoli 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.'' The Agricultural Marketing 
Service (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 revising the United States Standards for Grades of Bunched 
Italian Sprouting Broccoli using the procedures that appear in part 36, 
Title 7 of the Code of Federal Regulations (7 CFR part 36). These 
standards were last revised in 1943.

Background

    On April 21, 2005, AMS published a notice in the Federal Register 
(70 FR 20730) soliciting comments for possible revisions of the United 
States Standards for Grades of Bunched Italian Sprouting Broccoli. 
Based on the comments received and information gathered, AMS developed 
revised grade standards for broccoli. AMS published a notice in the 
February 28, 2006, Federal Register (71 FR 10001) soliciting comments 
for the possible revision of the United States Standards for Grades of 
Bunched Italian Sprouting Broccoli. In response to this notice, AMS 
received two comments on the proposed revisions. One comment received 
was from an agricultural trade association and the other from a grower. 
The comments received are available by accessing the AMS, Fresh 
Products Branch Web site at: http://www.ams.usda.gov/fv/fpbdocketlist.htm.
    The agricultural trade association supported including broccoli 
crowns and florets into the United States Standards for Grades of 
Bunched Italian Sprouting Broccoli. They also supported having maximum 
stem lengths for broccoli crowns. AMS is establishing sizes for minimum 
and maximum lengths for the U.S. Fancy and U.S. No. 1 grades of 
broccoli for crown and floret styles. The requirements include the 
option for minimum and maximum lengths to be ``unless otherwise 
specified.'' AMS is also establishing sizes for minimum and maximum 
diameter for the U.S. Fancy grade for

[[Page 58368]]

crowns and florets as well as for florets in the U.S. No. 1 grade. AMS 
has also included the option for diameter to be specified in connection 
with the U.S. No. 1 grade for broccoli crowns. The U.S. Fancy grade 
length requirements for bunched broccoli is being revised to provide 
for minimum and maximum lengths ``unless otherwise specified.'' The 
sizes for the U.S. Fancy grades and the U.S. No. 1 grades are as 
listed. The sizes for the U.S. Fancy grades are as follows: For Bunched 
Broccoli. (a) The diameter of each stalk shall be not less than 2\1/2\ 
inches. Unless otherwise specified, the length of each stalk shall be 
not less than 6 inches or more than 8\1/2\ inches. For Broccoli Crowns. 
(b) The diameter of each crown shall be not less than 2\1/2\ inches or 
more than 5 inches. Unless otherwise specified, the length of each 
stalk shall be not less than 2\1/2\ inches or more than 5 inches. For 
Broccoli Florets. (c) The diameter of each floret shall be not less 
than \3/4\ inch or more than 3 inches. Unless otherwise specified, the 
length of each stem shall not be less than 1 inch or more than 3\1/2\ 
inches. The sizes for the U.S. No. 1 grades are as follows: For Bunched 
Broccoli. (a) There are no requirements for diameter but diameter may 
be specified for any lot as set forth in ``Size specifications'' 
section. Unless otherwise specified, the length of each stalk shall be 
not less than 5 inches or more than 9 inches. For Broccoli Crowns. (b) 
There are no requirements for diameter but diameter may be specified 
for any lot as set forth in ``Size specifications'' section. Unless 
otherwise specified, the length of each crown shall be not less than 
3\1/2\ inches or more than 6 inches. For Broccoli Florets. (c) The 
diameter of each floret shall be not less than 1 inch or more than 4 
inches. Unless otherwise specified, the length of each floret shall not 
be less than 1\1/2\ inch or more than 4\1/2\ inches.
    The association also wanted bunched broccoli to contain more than 
one stalk. AMS disagrees with this comment because, as defined in the 
standards, ``Bunch'' means: ``Stalks bound together to form a unit. A 
single stalk may be considered a bunch if it is approximately as large 
as other bunches in the lot.'' AMS believes that this definition offers 
flexibility to the industry and will keep that option available.
    The grower requested, that the Department consider allowing the 
sale of broccoli crowns as a unit or an individual item, without a 
weight statement. The United States Standards issued under the 1946 Act 
does not regulate the sale of graded commodities. However, AMS is 
revising the size specification section of the standards to provide 
percentages to be determined and certified individually ``by weight'' 
as well as ``by count'' when fairly uniform.
    AMS is revising the title of the standards to United States 
Standards for Grades of Italian Sprouting Broccoli as these standards 
now will apply to broccoli crowns, florets, and bunched broccoli. AMS 
is revising the size specification section to allow percentages to be 
determined ``by weight'' as well as ``by count'' when fairly uniform, 
in order to increase the efficiency of inspections. AMS is defining 
``fairly uniform'' since it is referenced in the standards but not 
currently defined. ``Fairly uniform'' means: (a) For bunched broccoli: 
Bunches are considered fairly uniform if the diameter of the bunches 
within the container do not vary more than three inches. (b) For 
broccoli crowns: Crowns are considered to be fairly uniform if the 
diameter of the crowns within the container do not vary more than three 
inches. (c) For broccoli florets: Florets are considered fairly uniform 
if the diameter of the florets within the sample do not vary more than 
1\1/2\ inches. Additionally, AMS is adding definitions for florets and 
crowns. ``Florets'' or ``Florettes'' means the main stem is cut back 
considerably and only a single smaller secondary stem remains with the 
bud cluster. Florets are bud clusters or pieces of the bud cluster that 
have been closely trimmed from the head. Crowns or Crown cuts are 
defined as: ``Crowns'' mean the main stem is cut back from a portion of 
the broccoli plant including the stems which are of lengths according 
to the grade applied, bud clusters, and leaves. The definition for 
diameter is revised to: ``Diameter'' means the measurement across the 
bud cluster. With the inclusion of crowns and florets in the standards, 
AMS is adding ``same type'' to the requirements for the grades and 
defining ``same type'' as: ``Same type'' means lots shall consist of 
broccoli with similar type characteristics, i.e., bunched can not be 
mixed with florets.
    AMS is eliminating the unclassified category. This category is 
being removed from all standards when they are revised. This category 
is not a grade and only serves to show than no grade has been applied 
to the lot. It is no longer considered necessary.
    The official grades of broccoli covered by these standards are 
determined by the procedures set forth in the Regulations Governing 
Inspection, Certification, and Standards of Fresh Fruits, Vegetables 
and Other Products (7 CFR 51.1 to 51.62).
    The United States Standards for Grades of Italian Sprouting 
Broccoli will become effective 30-days after publication of this notice 
in the Federal Register.

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

    Dated: September 25, 2006.
Kenneth C. Clayton,
Associate Administrator, Agricultural Marketing Service.
 [FR Doc. E6-16256 Filed 10-2-06; 8:45 am]
BILLING CODE 3410-02-P