[Federal Register Volume 72, Number 32 (Friday, February 16, 2007)]
[Notices]
[Pages 7593-7594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2731]



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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Docket  AMS-FV-2007-0007; FV-06-309]


United States Standards for Grades of Tomatoes on the Vine

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice.

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SUMMARY: The Agricultural Marketing Service (AMS), of the Department of 
Agriculture (USDA) is soliciting comments on the proposed voluntary 
United States Standards for Grades of Tomatoes on the Vine. The 
proposed standards would provide industry with a common language and 
uniform basis for trading, thus promoting the orderly and efficient 
marketing of tomatoes on the vine (TOV).

DATES: Comments must be received by April 17, 2007.

ADDRESSES: Interested persons are invited to submit written comments on 
the Internet at http://www.regulations.gov or 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. 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.

FOR FURTHER INFORMATION CONTACT: Vincent J. Fusaro, Standardization 
Section, Fresh Products Branch, (202) 720-2185. The United States 
Standards for Grades of Tomatoes on the Vine are available through the 
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 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 establish voluntary United States Standards for 
Grades of Tomatoes on the Vine using the procedures that appear in Part 
36, Title 7 of the Code of Federal Regulations (7 CFR part 36).

Background

    AMS published a notice in the Federal Register (68 FR 68859) on 
December 10, 2003, soliciting comments on the possible revision of the 
United States Standards for Grades of Greenhouse Tomatoes. AMS 
published a subsequent notice in the Federal Register (69 FR 12299) on 
March 16, 2004, extending the period for comments. Further, after the 
comment period, AMS prepared a discussion draft of the proposed 
greenhouse tomato standard, and distributed copies for input to all 
commenters, industry associations, and other interested persons. Based 
on input from the notices and the discussion draft, AMS has determined 
that there is a need for a separate standard specifically for TOV, and 
an increase to the proposed tolerance for tomatoes detached from the 
stem/vine from 5 percent to 10 percent.
    AMS published a notice in the Federal Register (71 FR 30367) on May 
26, 2006, soliciting comments on the proposed voluntary United States 
Standards for Grades of Tomatoes on the Vine. The proposed standards 
for TOV contain the following grades as well as a tolerance for each 
grade: U.S. No. 1 and U.S. No. 2. In addition, ``Application of 
Tolerances'' and ``Size Classifications'' sections are included. This 
proposal also defines ``Damage,'' ``Serious Damage,'' specific basic 
requirements, and other defects. In response to our request for 
comments, AMS received six comments on the proposed standards. One from 
an industry group representing receivers, one from an international 
trade organization, one from a foreign trade organization, one from a 
foreign government agency, one from a foreign industry alliance 
representing its agricultural interest throughout North America, and 
one from a domestic producer. The comments are available by accessing 
the AMS, Fresh Products Branch Web site at: http://www.ams.usda.gov/fv/fpbdocketlist.htm.
    AMS received four comments requesting that cherry-type tomatoes and 
grape-type tomatoes be excluded from the TOV standard based on the fact 
that their stems tend to be more brittle with higher shatter, which has 
led to the marketing of these varieties in individually wrapped 
containers instead of bulk. AMS agrees that current marketing practices 
warrant excluding cherry-type tomatoes and grape-type tomatoes from the 
TOV standards.
    Three comments expressed concern that the defects should be scored 
based on the count of the tomatoes in the containers and not the total 
number of bunches in the containers. The standards provide for the 
scoring of defects, including defects affecting the stems to be based 
on the individual tomato and not the bunch. For defects affecting the 
lateral stem, the scoring will be based on the individual tomato, and 
for defects affecting the main stem the scoring will be based on the 
number of the tomatoes on the cluster.
    Three comments expressed concerns about the proposed tolerances for 
tomatoes that are detached from the stem/vine stating that the 
tolerances do not seem to be based on any available data. The 
commenters also requested that this tolerance be revisited after the 
standard has been in effect and the results of the inspections are 
better known. The tolerance for tomatoes that are detached from the 
stem/vine is based upon industry input that was provided from the 
discussion draft for the greenhouse tomatoes. Further, if the industry 
feels that the tolerance needs to be revisited at a future date, AMS 
will work with the industry to address their concerns. It was also 
expressed that the inspectors should be encouraged to minimize handling 
of the TOV before making the calculation regarding shatter. The 
tolerance for tomatoes that are detached from the stem/vine is based on 
the normal handling of the product. As with all commodities, inspectors 
are instructed to always handle the product in the proper fashion as to 
not cause any additional defects to occur or become more prevalent.
    Three comments requested that the size section be removed from the 
standards, given the degrees and variations of size of individual 
tomatoes within a cluster as well as a carton of TOV. Even though size 
would not be part of the grade for tomatoes on the vine, size would be 
an option for those who choose to specify size. The size section 
provides sufficient flexibility in order to provide marketers the 
option to specify size. In turn, marketers that prefer not to specify a 
size are not required to do so.

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    Two comments expressed that the standards appear to read that moldy 
stems would be classified under the other comments section of a 
certificate during an inspection, but would not be scored against the 
U.S. No. 1 grade. The basic requirements of the U.S. No. 1 and U.S. No. 
2 grades state that, ``The vines shall not be brittle and shall be free 
from decay; and free from damage by mold or any other means.'' and 
``The vines shall not be brittle and shall be free from decay; and free 
from serious damage by mold or other means.'' respectively. Therefore, 
moldy stems would be scored as a defect in all U.S. grades of TOV.
    One comment requested that a color section similar to how color is 
handled in the U.S. Standards for Grades of Fresh Tomatoes be added in 
order to provide additional guidance during the inspection process. The 
growing, ripening, and handling practices of TOV are very different 
from fresh tomatoes. Further, the proposed maturity requirements also 
require a color break of not less than ten percent. Therefore, a 
separate color section would not be necessary for TOV.
    Finally one commenter stated that they would use these new 
standards for trade purposes. The proposed TOV standards would provide 
a common language for trade and a means of measuring value in the 
marketing of this commodity. The official grade of a lot of TOV 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 a 60-day comment period for interested parties 
to comment on the proposed United States Standards for Grades of 
Tomatoes on the Vine.

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

    Dated: February 12, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E7-2731 Filed 2-15-07; 8:45 am]
BILLING CODE 3410-02-P