[Federal Register Volume 81, Number 150 (Thursday, August 4, 2016)]
[Rules and Regulations]
[Pages 51297-51298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18451]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / 
Rules and Regulations  

[[Page 51297]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 51

[Doc. Number AMS-FV-14-0090, FV-16-327]


U.S. Standards for Grades of Fresh Fruits and Vegetables, Fruits 
and Vegetables for Processing, Nuts, and Specialty Crops

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final notice.

-----------------------------------------------------------------------

SUMMARY: The Agricultural Marketing Service (AMS) of the U.S. 
Department of Agriculture (USDA) is revising 41 U.S. Standards for 
Grades of fresh fruits and vegetables, fruits and vegetables for 
processing, nuts, and specialty crops by removing the ``Unclassified'' 
category from each standard. This revision brings these grade standards 
in line with other recently amended standards and current terminology. 
The change also updates the standards to more accurately represent 
today's marketing practices and provide the industry with greater 
flexibility.

DATES: September 6, 2016.

ADDRESSES: 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.

FOR FURTHER INFORMATION CONTACT: Olivia Vernon, Standardization Branch, 
Specialty Crops Inspection Division, at the address above or by 
telephone at (540) 361-2743; fax (540) 361-1199; or, email 
[email protected]. The current U.S. Standards for Grades are 
available on the AMS Web site at http://www.ams.usda.gov/grades-standards.

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 grade standards 
available upon request. The U.S. 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 (CFR), 
but are maintained by USDA, AMS, Specialty Crops Program, and are 
available on the Internet at http://www.ams.usda.gov/grades-standards.
    AMS is revising these voluntary U.S. standards for grades using the 
procedures in part 36, title 7 of the Code of Federal Regulations (7 
CFR part 36).

Background

    AMS is eliminating the ``Unclassified'' section in 41 U.S. grade 
standards that were issued under the Agricultural Marketing Act of 
1946.
    The fresh fruit and vegetable grade standards covered by these 
changes are: Sweet anise, lima beans, beets, Brussels sprouts, cabbage, 
cucumbers, endive, garlic, collard greens or broccoli greens, mustard 
greens and turnip greens, horseradish roots, greenhouse leaf lettuce, 
mushrooms, common green onions, onion sets, parsnips, fresh peas, 
southern peas, rhubarb, romaine, bunched shallots, spinach plants, 
summer squash, turnips or rutabagas, dewberries and blackberries, 
American (eastern type) grapes, juice grapes (European or vinifera 
type), and raspberries.
    In the Proposed Notice, AMS inadvertently included celery, honey 
dew and honey ball type melons, Persian limes, summer and fall pears, 
and winter pears in this rulemaking. The grade standards for these 
commodities are published in the CFR at 7 CFR part 51 whereas the 
standards for the 41 commodities addressed here are not published in 
the CFR. AMS ultimately intends to remove celery, honey dew and honey 
ball type melons, Persian limes, summer and fall pears, and winter 
pears standards from the CFR. At that time, the ``Unclassified'' 
section will be removed from the grade standards for celery, honey dew 
and honey ball type melons, Persian limes, summer and fall pears, and 
winter pears. The fresh fruit and vegetable for processing grade 
standards covered by these changes are spinach, berries, blueberries, 
red sour cherries for manufacture, sweet cherries for canning or 
freezing, cranberries for processing, currants, raspberries, growers' 
stock strawberries for manufacture, and washed and sorted strawberries 
for freezing.
    The nut and specialty crops grade standards covered by these 
changes are: Brazil nuts in the shell, cut peonies in the bud, and 
tomato plants.
    AMS continually reviews all fruit, vegetable, nut and specialty 
crop grade standards to ensure their usefulness to the industry. AMS 
determined that the ``Unclassified'' section should be eliminated from 
the aforementioned 41 U.S. Standards for Grade as the 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.
    On September 9, 2015, AMS published a Proposed Notice in the 
Federal Register (80 FR 53021) soliciting comments on removing the term 
``Unclassified'' from the standards. Seven comments were received by 
November 2, 2015, the closing date of the public comment period, from 
six private citizens and one individual associated with a U.S. 
university.
    The six private citizen commenters supported the revisions as a 
positive step forward for the USDA that will offer produce companies 
and everyday shoppers a clearer idea of the quality of produce they are 
purchasing. The final commenter suggested that making this change to 
the standards would create the need for additional grades and 
categories to cover all variants with in different commodities. The 
USDA stands by its decision to remove the unclassified category because 
there is no evidence of use of the category by industry, and for the 
reason that commodities would fall into one of the established grades 
currently listed in the standards.
    Based on the information gathered, AMS is removing the 
``Unclassified'' category from the aforementioned U.S.

[[Page 51298]]

Standards for Grade. The revision brings these grade standards in line 
with other recently amended standards and current terminology, and 
updates the standards to more accurately represent today's marketing 
practices and provide the industry with greater flexibility.

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

    Dated: July 29, 2016.
Elanor Starmer,
Administrator, Agricultural Marketing Service.
[FR Doc. 2016-18451 Filed 8-3-16; 8:45 am]
BILLING CODE 3410-02-P