[Federal Register Volume 86, Number 121 (Monday, June 28, 2021)]
[Notices]
[Pages 33968-33969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13631]



[[Page 33968]]

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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Doc. No. AMS-FGIS-20-0065]


United States Standards for Beans

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice of final action.

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SUMMARY: This action is being taken under the authority of the 
Agricultural Marketing Act of 1946, as amended (AMA). The United States 
Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) 
is revising the method of interpretation for the determination of 
``sample grade criteria'' in the Bean Inspection Handbook, pertaining 
to the class ``Blackeye beans'' in the U.S. Standards for Beans. 
Stakeholders in the dry bean processing/handling industry requested 
that AMS amend the definition of sample grade in the Blackeye bean 
inspection instructions by revising the unit of measurement for the 
factor ``Insect Webbing or Filth'' (IWOF) and removing ``Clean-Cut 
Weevil-Bore'' (CCWB) as a sample grade factor. As a result of this 
action Clean-Cut Weevil-Bore is considered a damage factor only.

DATES: Applicability date: July 1, 2021.

FOR FURTHER INFORMATION CONTACT: Loren Almond, USDA AMS; Telephone: 
(816) 702-3925; Email: [email protected].

SUPPLEMENTARY INFORMATION: Under the authority of the AMA (7 U.S.C. 
1621-1627), as amended, AMS establishes and maintains a variety of 
quality and grade standards for agricultural commodities that serve as 
a fundamental starting point to define commodity quality in the 
domestic and global marketplace.
    Standards developed under the AMA include those for rice, whole dry 
peas, split peas, feed peas, lentils, and beans. The U.S. Standards for 
whole dry peas, split peas, feed peas, lentils and beans no longer 
appear in the Code of Federal Regulations, but are now maintained by 
USDA-AMS-Federal Grain Inspection Service (FGIS). The U.S. Standards 
for beans are voluntary and widely used in private contracts, 
government procurement, marketing communication, and for some 
commodities, consumer information.
    The bean standards facilitate bean marketing and define U.S. bean 
quality in the domestic and global marketplace. The standards define 
commonly used industry terms; contain basic principles governing the 
application of standards, such as the type of sample used for a 
particular quality analysis; provide the basis of determination; and 
specify grades and grade requirements. Official procedures for 
determining grading factors are provided in the Bean Inspection 
Handbook. Together, the grading standards and testing procedures allow 
buyers and sellers to communicate quality requirements, compare bean 
quality using equivalent forms of measurement, and assist in price 
discovery.
    AMS engages in outreach with stakeholders to ensure commodity 
standards maintain relevance to the modern market. Bean industry 
stakeholders include the US Dry Bean Council (USDBC), California Dry 
Bean Advisory Board, California Bean Shippers Association, and Cal Bean 
and Grain, among others.
    The United States Standards for Beans and the official inspection 
procedures for beans in the Bean Inspection Handbook are available on 
the AMS public website. The United States Standards for Beans were last 
revised in 2017. Currently, sample grade tolerances for IWOF in all 
classes of beans are determined on a count basis of two or more beans 
in 1,000 grams. Also, CCWB is considered a sample grade and damage 
factor. This type of insect filth found in the Blackeye bean is not due 
to storage practices, but originates in the field, brought on by years 
of drought, and is the result of challenges associated with applying 
aerial pesticides. These elements have contributed to an increase of 
IWOF (beans and pieces of beans which contain webbing, refuse, excreta, 
dead insects, larvae, or eggs) in the Blackeye bean crops for years. 
With the current sample grade factor tolerance, difficulty in meeting 
contract specifications is problematic. Specifically, industry 
stakeholders asked AMS to revise the sample grade tolerance for IWOF 
and adjust CCWB to only be considered a damage factor, only in the 
class Blackeye beans.

Revision of Blackeye Bean Sample Grade Tolerances for Insect Webbing or 
Filth and Removal of Clean-Cut Weevil-Bore as a Sample Grade Factor

    Stakeholders recommended AMS revise the Bean Inspection Handbook 
criteria for Blackeye bean sample grade tolerances of IWOF from counts 
to percentages, and change CCWB from a sample grade and damage factor 
to a damage factor only. AMS and stakeholders worked collaboratively to 
redefine the tolerances for IWOF and CCWB in Blackeye beans. 
Additionally, these changes were recommended to AMS by the specifically 
named stakeholder organizations identified above to facilitate the 
current marketing practices.

Comment Review

    AMS published a Notice in the Federal Register on September 29, 
2020 (85 FR 60957), inviting interested parties to comment on the 
proposed revisions to the U.S. Standards for Beans. AMS received ten 
comments in response to the notice. Four comments strongly supported 
the proposed revisions; one comment was non-committal but recommended 
applying a similar limit to all beans; one comment posed a question on 
the cost efficiency for the industry; and two comments opposed the 
proposed revisions. AMS received two comments that were not germane to 
the issue. One of the opposing comments stated that the quality of 
Blackeye beans could be compromised by this change, leading to a 
possible decrease in the consumption of these beans. The other opposing 
comment questioned whether these changes would lead to increased fraud. 
AMS does not foresee a decrease in consumption due to quality concerns 
or hidden fraud. The demand for plant-based protein has increased the 
consumption of pulses throughout the United States. Buyers of Blackeye 
beans can specify a count limit or tighter percentage in their purchase 
contract. The preponderance of comments suggest AMS should proceed with 
the revision.
    AMS believes these revisions will facilitate inspections, better 
reflect current marketing practices, be cost efficient, and facilitate 
purchasing and selling of Blackeye beans. Accordingly, AMS is making no 
changes to the revised Blackeye bean inspection methods as proposed. 
The revisions to Blackeye bean inspection are effective upon 
publication in the Federal Register. The Bean Inspection Handbook will 
be revised to incorporate the revisions.

Final Action

    AMS-FGIS is revising the Blackeye bean inspection criteria by 
amending the Bean Inspection Handbook to change the sample grade 
tolerance for IWOF in the Blackeye bean class only, from a count of two 
or more beans in 1,000 grams, to more than 0.10 percent on the basis of 
the representative sample as a whole, and remove CCWB as a sample grade 
factor.


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

Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2021-13631 Filed 6-25-21; 8:45 am]
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