[Federal Register Volume 74, Number 94 (Monday, May 18, 2009)]
[Proposed Rules]
[Pages 23128-23129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11491]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Proposed 
Rules  

[[Page 23128]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 51

[Doc.  AMS-FV-07-0140]


United States Standards for Grades of Table Grapes (European or 
Vinifera Type)

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Withdrawal of proposed rule.

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SUMMARY: The Agricultural Marketing Service (AMS) is withdrawing the 
document soliciting comments on its proposal to amend the voluntary 
United States Standards for Grades of Table Grapes (European or 
Vinifera Type). After reviewing and considering the comments received, 
the agency has decided not to proceed with this action.

DATES: Effective Date: The proposed rule published February 26, 2008 
(73 FR 10185), is withdrawn as of May 18, 2009.

FOR FURTHER INFORMATION CONTACT: Dr. Carl Newell, Standardization and 
Training Section, Fresh Products Branch, 100 Riverside Parkway, Suite 
101, Fredericksburg, VA 22406-1016; Telephone: (540) 361-1120; or Fax: 
(540) 361-1199. The United States Standards for Grades of Table Grapes 
(European or Vinifera Type) are available by accessing the Fresh 
Products Branch Web site at: http://www.ams.usda.gov/freshinspection.

Background

    In November of 2005, AMS received petitions from two trade 
associations requesting a revision to the United States Standards for 
Grades of Table Grapes (European or Vinifera Type). These petitions 
were received from the California Grape and Tree Fruit League on 
November 9, 2005, and Western Growers on November 25, 2005. These two 
trade associations represent more than 85 percent of the European or 
Vinifera type table grape production in the United States. They 
requested an additional 10 percent allowance for shattered berries en 
route or at destination for grapes in consumer containers. The 
petitioners stated that changes to the standard, specifically limited 
to shattered berries packed in consumer containers, are warranted 
because the majority of table grapes are now being sold in consumer 
containers which allow shattered berries to be fully utilized/sold.
    Prior to undertaking detailed work to develop a proposed revision 
to the standards, AMS published an advanced notice of proposed 
rulemaking (ANPR) on January 24, 2006, in the Federal Register (71 FR 
3818) soliciting comments on a proposal to revise the standards. Based 
on comments received, AMS published a proposed rule on September 22, 
2006, in the Federal Register (71 FR 55367) proposing to modify the 
standard by adding a 10 percent allowance for shattered grapes in 
consumer containers. Due to lack of industry consensus concerning the 
proposed rule, AMS published in the Federal Register (72 FR 35668) a 
notice to withdraw the proposed rule on June 29, 2007.
    The withdrawal stated that AMS would continue to work with 
interested parties regarding the subject of shattered berries. AMS 
subsequently met with the representatives from the California Grape and 
Tree Fruit League, the North American Perishable Agricultural 
Receivers, and other wholesale produce receivers to gather additional 
background information in order to consider possible future revisions.
    On October 5, 2007, AMS received a second petition from the 
California Grape and Tree Fruit League requesting a revision to the 
United States Standards for Grades of Table Grapes (European or 
Vinifera Type). The petitioner repeated the original request for an 
additional 10 percent allowance for shattered grapes en route or at 
destination for grapes in consumer containers. However, AMS did not 
propose the 10 percent allowance. AMS was concerned that this 
percentage would weaken the standard and reduce consumer confidence in 
the grade. In recognizing that the majority of grapes now sold at 
retail are packaged in consumer containers, AMS proposed a smaller 
change in the allowance. Therefore, on February 26, 2008, AMS published 
a proposed rule in the Federal Register (73 FR 10185) proposing a 5 
percent allowance for shattered grapes in consumer containers.
    AMS received 58 comments from the table grape industry. These 
comments are available by accessing the AMS, Fresh Products Branch Web 
site at: http://www.ams.usda.gov/freshinspection or http://www.regulations.gov.
    Thirty-three comments supported the proposal. Three were from 
regional agricultural trade associations; one comment was from a 
national table grape association; and 29 were from growers, packers, 
and shippers. Supporting comments indicated that changes in grading are 
necessary to recognize improvements made in packaging, marketing, and 
shipping of grapes. They expressed that the proposed allowance for 
shatter would strengthen the United States Standards for Grades of 
Table Grapes (European or Vinifera Type). These comments stated that 
consumers are buying shattered berries in bags and clamshells resulting 
in less shrink. They also stated that the key to consumer acceptance of 
low to medium amounts of shattered berries is the healthy appearance of 
the berry (a whole and sound berry that is free from other visible 
defects), not just whether the berry is attached to the stem.
    Twenty-five comments opposed the proposal. Two comments were 
received from national trade associations, one from a Chilean trade 
association, and 22 comments were received from wholesalers, receivers, 
and distributors. Opposing comments stated that shattered berries were 
weaker berries more susceptible to microbiological contamination and 
are more prone to develop other defects than berries that are still 
attached to the stem. They also commented that in their experience, 
customers seek out the bags with the most berries still attached to the 
stem. These comments conveyed that containers with higher amounts of 
shattered grapes sit in produce cases longer increasing the amount of 
shrink compared to containers with less shattered grapes present. 
Commenters opposed to the proposed changes were also concerned that the 
proposed allowance would weaken the United States Standards for Grades 
of Table Grapes (European or Vinifera Type).

[[Page 23129]]

    AMS has reviewed all comments and we note that improvements in 
packaging for table grapes have occurred. Nonetheless, there were 
conflicting comments received that specifically raised questions 
regarding: (1) Marketability and subsequent shrink, due to changes in 
packaging; and (2) the effect this proposed rule would have on 
individual businesses. Further, we note that there is a lack of 
independent data available to clarify these issues. In such 
circumstances, there continues to be no clear consensus among industry 
segments to support a proposed rule. Accordingly AMS will not proceed 
with this action. However, AMS will continue to work with the industry 
to revise the current U.S. Grade standards to better reflect the 
current marketing of this and other agricultural products.

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

    Dated: May 12, 2009.
Robert C. Keeney,
Acting Associate Administrator.
[FR Doc. E9-11491 Filed 5-15-09; 8:45 am]
BILLING CODE 3410-02-P