[Federal Register Volume 81, Number 89 (Monday, May 9, 2016)]
[Notices]
[Pages 28046-28047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10741]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
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  Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Notices  

[[Page 28046]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Doc. Number AMS-FV-10-0047, FV-16-330]


United States Standards for Grades of Cauliflower

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice.

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SUMMARY: The Agricultural Marketing Service (AMS) is proposing to 
revise the United States Standards for Grades of Cauliflower. The 
current U.S. grade standards do not have provisions for grading purple, 
orange, or green cauliflower. The proposed revision would amend the 
color requirement to allow all colors of cauliflower to be certified to 
a U.S. grade. In addition, AMS proposes to amend the size requirement 
to allow curds less than 4 inches in diameter to be certified to a 
grade; to add marking requirements to sizes less than 4 inches in 
diameter; and, to remove the unclassified section.

DATES: Comments must be received by July 8, 2016.

ADDRESSES: Interested persons are invited to submit written comments to 
the Standardization Branch, Specialty Crops Inspection Division, 
Specialty Crops Program, Agricultural Marketing Service, U.S. 
Department of Agriculture, National Training and Development Center, 
Riverside Business Park, 100 Riverside Parkway, Suite 101, 
Fredericksburg, VA 22406; fax: (540) 361-1199; or, via the web at: 
www.regulations.gov. Comments should reference 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. Comments can also be viewed as submitted, including any personal 
information you provide, on the www.regulations.gov Web site. A copy of 
the proposed revised United States Standards for Grades of Cauliflower 
is located at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Dave Horner at the address above, or 
at phone (540) 361-1128; fax (540) 361-1199; or, email 
[email protected]. Copies of the proposed U.S. Standards for 
Grades of Cauliflower are available on the Internet at http://www.regulations.gov. The current U.S. Standards for Grades of 
Cauliflower are available on the Specialty Crops Inspection Division 
Web site at http://www.ams.usda.gov/grades-standards/cauliflower-grades-and-standards.

SUPPLEMENTARY INFORMATION: Section 203(c) (7 U.S.C. 1622(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, Specialty Crops 
Program, and are available on the internet at http://www.ams.usda.gov/grades-standards.
    AMS proposes to revise the voluntary United States Standards for 
Grades of Cauliflower 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 March 15, 1968.

Background and Comments

    On February 9, 2012, AMS published a notice in the Federal Register 
(77 FR 6772) soliciting comments on proposed revisions to the United 
States Standards for Grades of Cauliflower. AMS received one comment 
from an agricultural trade association. The agricultural trade 
association stated that by number, but not necessarily by volume, 
cauliflower growers supported the proposed revision. However, members 
expressed some confusion about the meaning of ``unless otherwise 
specified'' in regards to size, and requested clarification. Following 
the comment period, AMS determined it would not proceed with the 
revisions as proposed.
    The U.S. grade standards presently require cauliflower curds to be 
white, creamy white, or cream color, but do not have provisions for 
grading other colors of cauliflower. AMS proposes to amend U.S. No. 1 
color provisions by adding ``unless otherwise specified'' to the basic 
requirement for color. The phrase ``unless otherwise specified'' in 
regards to color would be interpreted as follows: When colors other 
than white, creamy white, or cream color are specified, those colors 
could be certified to a grade. Likewise, when designated as a mixed-
color pack, a grade could be applied to all the colors in the pack, not 
just to the curds that are white, creamy white, or cream color. For 
example, a grade could be applied to a pack containing a green, an 
orange, a purple, and a white cauliflower curd when specified as a 
mixed-color pack. AMS applies the phrase ``unless otherwise 
specified,'' or similar terminology, to potatoes, peppers, and other 
commodities to allow other colors, or the comingling of colors, to be 
certified to a grade. This revision would also affect the U.S. 
Commercial grade.
    Previously, in 2012, AMS proposed to add ``unless otherwise 
specified'' to the size requirement for the U.S. No. 1 grade to allow 
for smaller sizes. This too is a common practice for potatoes, onions, 
and many other commodities. However, after contacting the agricultural 
trade association, AMS discovered that they were concerned that 
unmarked containers with curds smaller than 4 inches may lose their 
specified designation after being resold to another party. For example, 
the original verbal or contractual agreement might not follow the 
product through the marketing chain. At final destination, unmarked 
product may fail to grade U.S. No. 1, since the cauliflower curds would 
be smaller than 4 inches in diameter.
    Therefore, AMS now proposes to amend the U.S. No. 1 size provisions 
for cauliflower heads by adding ``unless marked to a maximum diameter 
of less than 4 inches. Cauliflower curds marked less than 4 inches may 
not be comingled

[[Page 28047]]

with cauliflower curds packed to be 4 inches or larger.'' to the basic 
requirement for curd size. To explain the marking requirements, AMS 
proposes to add a new ``Sec.  51.556 Marking Requirements,'' which 
would read as follows: ``When the product is packed to be less than 4 
inches in maximum diameter, 90 percent or more of the master containers 
shall be plainly stamped, printed, labeled or otherwise marked with the 
maximum diameter. The term `maximum' or its recognized abbreviation, 
when following a diameter size marking, means that the curds are of the 
size marked or smaller.'' The current Sec.  51.556, Metric Conversion 
Table, will be redesignated as Sec.  51.557.
    The size revision and marking requirements would be interpreted as 
follows: When cauliflower curds are specified to be less than 4 inches 
in maximum diameter, at least 90 percent of the master containers in a 
lot must be marked by a maximum diameter of less than 4 inches. For 
example, a lot having curds no larger than 3\1/2\ inches in diameter 
must have 90 percent or more of the master containers marked 3\1/2\'' 
max. If less than 90 percent of the master containers are marked, the 
lot may meet grade requirements but would fail to meet marking 
requirements as to size.
    Furthermore, curds that are specified to be less than 4 inches in 
maximum diameter would not include cauliflower florets, since florets 
are pieces of curd and not considered small heads of cauliflower. 
Therefore, florets would not be certified to a grade.
    This revision would also affect the U.S. Commercial grade.
    The agricultural trade association had no objection to removing the 
``Unclassified'' category from the standards. The unclassified section 
is being removed from 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.
    AMS believes that permitting all colors, mixed-color packs, and 
smaller sizes of cauliflower to be certified to a grade reflects 
current marketing practices and consumer demand, and will facilitate 
the marketing of cauliflower by providing the industry with more 
flexibility.
    The official grade of a lot of cauliflower 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 period during which interested 
parties may comment on the proposed revisions to the standards. This 
period is deemed appropriate in order to implement these changes, if 
adopted, as soon as possible to reflect current marketing practices.

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

    Dated: May 3, 2016.
Elanor Starmer,
Administrator.
[FR Doc. 2016-10741 Filed 5-6-16; 8:45 am]
 BILLING CODE 3410-02-P