Apricots: Grade Standards

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 51

[Docket Number FV-92-303]

Apricots: Grade Standards

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: This final rule revises the United States Standards for Grades

of Apricots. The revision specifies definitions that do not appear in

the standard but are described in the inspection instructions and

brings up to date any obsolete terms and definitions. In addition, the

revision will provide metric equivalents for dimensions given in terms

of U.S. Customary units and contains conforming and editorial changes.

EFFECTIVE DATE: October 28, 1994.

FOR FURTHER INFORMATION CONTACT: Frank O'Sullivan, Fresh Products

Branch, Fruit and Vegetable Division, Agricultural Marketing Service,

U.S. Department of Agriculture, P.O. Box 96456, Washington D.C. 20090-

6456, (202) 720-2185.

SUPPLEMENTARY INFORMATION: This rule is exempt from Executive Order

12866 review.

Pursuant to the requirements set forth in the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.), the Administrator of the

Agricultural Marketing Service (AMS) has determined that this action

will not have a significant economic impact on a substantial number of

small entities. This final rule for the revision of U.S. Standards for

Grades of Apricots will not impose substantial direct economic cost,

recordkeeping, or personnel workload changes on small entities, and

will not alter the market share or competitive position of these

entities relative to large businesses. In addition, under the

Agricultural Marketing Act of 1946, the use of these standards is

voluntary.

This final rule has been reviewed under Executive Order 12778,

Civil Justice Reform. This action is not intended to have retroactive

effect. This rule will not preempt any State or local laws,

regulations, or policies, unless they present an irreconcilable

conflict with this rule. There are no administrative procedures which

must be exhausted prior to any judicial challenge to the provisions of

this rule.

Agencies periodically review existing regulations. An objective of

the review is to ensure that the grade standards are serving their

intended purpose, the language is clear, and the standards are

consistent with AMS policy and authority.

The United States Standards for Grades of Apricots became effective

on May 25, 1928, and has not been revised since then. In June 1992, the

Washington Apricot Marketing Committee (WAMC) requested the USDA to

revise the standard. Consisting of producers from various districts

throughout the State, the WAMC recommends minimum size, pack, and grade

requirements each year for the Federal Marketing Order on Washington

State grown apricots. Specifically, the WAMC requested that skin breaks

(cuts and stem punctures), and stem pulls be changed from ``free from''

defects to ``free from damage'' or ``serious damage'' defects in the

U.S. No. 1 and U.S. No. 2 grades, respectively. Such changes would have

the effect of allowing these defects on fruit in various degrees

without being scored against the grade (versus ``free from'' which

means they are scored on sight). According to the WAMC, ``This will

provide the industry with the opportunity to expand markets into

Canada.'' WAMC also suggested that the Department should make any other

revisions deemed necessary.

AMS reviewed these issues to ascertain the need for the change

proposed by WAMC as well as other technical changes or updates that the

Agency believed may be helpful. Many suggestions and comments were

received pertaining to an informal market survey by AMS. These comments

reinforced that updating changes were necessary to bring the standard

in line with today's marketing practices.

These changes as well as the request by the WAMC pertaining to skin

breaks were incorporated in the proposed rule, United States Standards

for Grades of Apricots [7 CFR 51.2925-51.2934], which was published in

the Federal Register on January 11, 1994 [59 FR 1490]. The 60-day

comment period ended March 14, 1994, and a total of fourteen comments

were received concerning the proposal.

Six of these comments were in favor of the proposal. Four of these

commentors were shippers/packers/growers from Washington State, one

from Idaho, and one from California. One commentor who felt that the

standard should allow some skin breaks asserted that, ``We felt that

these were very good quality apricots and would have been received by

our Canadian customers and they would have been very well satisfied

with our quality just like our customers in the United States.''

Another commentor stated that ``This injury is slight, and does not

detract from the quality or appearance of the fruit, but under present

U.S. grade standards it can not be marketed.''

A comment from a grower in Idaho suggested extending the definition

to hail damage. The proposal considers a broken skin due to hail to be

considered as serious damage. However, the grower suggested providing a

\3/16\ inch aggregate surface area and \1/16\ inch depth maximum

allowance to broken skins due to hail injury.

Also, a grower/packer/shipper from California commented that

although they intended to maintain their current level of quality, they

did not object to the proposal to lower the grade standards. ``If

Washington state apricot shippers perceive a market for their apricots

with reduced grade standards, then they must be allowed to access that

market. Lowering the export grade standard does not require export

buyers to purchase product with more defects. It does, however, provide

them with an option for access to possibly more product at a

potentially more attractive price to consumers. Although this may

result in reduced market share for California apricot shippers, it must

not be the intent of grade standards to grant favor to one shipping

region over another. The dynamics of the marketplace must prevail

without the intervention of excessive grade standards that prohibit a

mutually beneficial transaction between a buyer and seller.''

Eight comments were received which were against the proposed

changes regarding skin breaks. Six of these comments were from grower/

packer/shippers in the State of California, one comment from the

California Apricot Advisory Board (CAAB), and one comment from the

National Association of Perishable Agricultural Receivers (NAPAR).

One grower from California commented, ``My experience with skin

breaks (cuts and stem punctures) on mature apricots is not good.

Discoloration and rot begin to form almost immediately after a skin

break occurs at harvest time. This severely shortens the already short

shelf life of the damaged apricot. Neither the retailer nor the

consumer benefit in such a situation.''

Another grower commented, ``We feel that if growers and shippers

such as those in Washington are allowed to ship lower quality and

potentially disease-vulnerable fruit the opportunity to build a growing

and reliable export market will be severely retarded.''

The CAAB noted in its comment three reasons for objecting to the

skin break changes: (1) ``Increasing the size and depth of skin breaks,

stem pulls and bruises will further reduce the grocery trade's

confidence in U.S. Apricots * * * Questionable and erratic quality of

apricots is still one of this industry's serious problems.'' (2) ``The

next several years will see a substantial increase in the production of

apricots both in California and Washington. This means that export

potential will be needed to absorb this volume growth. Fruit that has

greater damage tolerances at present will severely threaten our ability

to utilize this vitally needed outlet. Export markets take longer to

reach increasing the danger of fruit spoilage from wounds.'' (3) ``It

can't be stressed enough that the risk of infected fruit spreading to

entire containers and even loads by the time they reach their

destination is a potential problem far beyond that of approving just a

few damaged apricots at point of inspection.''

NAPAR's comment summarized its viewpoint with the following

statement, ``We oppose the removal of fresh cuts, stem puncture and

stem pulls from the FREE FROM defects clause in both grades, U.S. No. 1

and U.S. No. 2. These defects will permit pathogenic microorganisms to

enter the product at shipping point, developing during transit, distant

terminal markets, storage and or at retail outlets and develop into

decay or serious discolorations resulting in great losses to the

receivers and retailers. Additionally and not of lesser importance, if

we allow the marketing of apricots in a world wide produce marketing

system, we can expect other countries to request to import into the

United States fruits of the same poor quality or otherwise unsalable

product. To prevent foreign countries from requesting to import to the

United States product of this quality and condition, we should maintain

a strict U.S. Standards for Grades of all commodities grown in the

United States of America.''

AMS has considered these comments and agrees that skin breaks

should remain as a ``free from'' defect for both grades. The agency

also believes that the other changes proposed to update and modernize

the standard are important and will be incorporated as a result of this

final rule.

The rationale for this decision is two-fold: First, the record

supports maintaining the definition of skin breaks as it now exists in

the standard. As indicated above, the stronger case is made for not

allowing greater damage tolerances. Second, most comments in favor of

the proposed change were based on the belief that this would allow

shipment of more apricots into Canada.

Canadian Import Requirements state that apricots must meet a U.S.

grade to be shipped to Canada. If apricots fail to grade based on skin

breaks, then the lot cannot be shipped to Canada. The Canadian

government generally defines its import requirements in terms of U.S.

standards for the convenience of U.S. shippers, but that does not mean

the U.S. standards have to be the terms of regulation for the Canadian

government's import requirements. Ultimately, inclusion of skin breaks

in the U.S. standard may only prompt the Canadian government to specify

their requirements for no skin breaks outside the standard.

The Agricultural Marketing Service (AMS) develops and improves

standards of quality, condition, grade, and packaging to enhance the

marketing of agricultural commodities by fostering consistency in

commercial practices. The Agency has determined this final rule will

enhance the marketing of apricots. The provisions of this final rule

are the same as those in the proposed rule except for skin breaks as

previously mentioned and for the editorial changes made for clarity.

Accordingly, this revision shall become effective 30 days after

publication in the Federal Register.

List of Subjects in 7 CFR Part 51

Agricultural commodities, Food grades and standards, Fruits, Nuts,

Reporting and recordkeeping requirements, Vegetables.

PART 51--[AMENDED]

For reasons set forth in the preamble, 7 CFR part 51 is amended as

follows:

PART 51--[AMENDED]

1. The authority citation for 7 CFR Part 51 is revised to read as

follows:

Authority: 7 U.S.C. 1622, 1624.

2. In Part 51, Subpart--United States Standards for Apricots is

revised to read as follows:

Subpart--United States Standards for Grades of Apricots

Grades

Sec.

51.2925 U.S. No. 1.

51.2926 U.S. No. 2.

Marking and Packing Requirements

51.2927 Marking and packing requirements.

Tolerances

51.2928 Tolerances.

Application of Tolerances

51.2929 Application of Tolerances.

Definitions

51.2930 Mature.

51.2931 Well formed.

51.2932 Damage.

51.2933 Serious damage.

51.2934 Diameter.

Subpart--United States Standards for Grades of Apricots

Grades

Sec. 51.2925 U.S. No. 1.

``U.S. No. 1'' shall consist of apricots of one variety which are

mature but not soft, overripe, or shriveled and which are well formed,

free from decay, cuts, skin breaks, and worm holes and free from damage

caused by limbrubs, russeting, growth cracks, dirt, scab, scale, hail,

bruises, disease, insects, or mechanical or other means. For tolerances

see Sec. 51.2928.

Sec. 51.2926 U.S. No. 2.

``U.S. No. 2'' shall consist of apricots of one variety which are

mature but not soft, overripe or shriveled and which are free from

decay, cuts, skin breaks, and worm holes and free from serious damage

caused by limbrubs, growth cracks, dirt, scale, hail, bruises, disease,

insects, or mechanical or other means. For tolerances see Sec. 51.2928.

Marking and Packing Requirements

Sec. 51.2927 Marking and packing requirements.

The minimum size or numerical count of the apricots in any package

shall be plainly labeled, stenciled, or otherwise marked on the

package.

(a) Numerical count. When the numerical count is used the fruit in

any sample shall not vary more than one-fourth inch in diameter. See

Sec. 51.2928(b) Size for tolerances.

(b) Minimum size. ``Minimum size'' refers to the diameter of the

smallest apricot in the package. It shall be stated in terms of whole

and eighth inches, as 1\1/2\ inches min., 1\5/8\ inches min., etc., in

accordance with the facts.

Tolerances

Sec. 51.2928 Tolerances.

In order to allow for variations incident to proper grading and

handling the following tolerances are provided as specified:

(a) Defects--(1) U.S. No. 1 grade. Not more than 10 percent, by

count, of any lot may be below the requirements of this grade and

provided that not more than 5 percent, shall be allowed for defects

causing serious damage and further provided that not more than 1

percent, shall be allowed for decay.

(2) U.S. No. 2 grade. Not more than 10 percent, by count, of any

lot may be below the requirements of this grade, and not more than 1

percent shall be allowed for decay.

(b) Size. (1) If packages are marked with numerical count: Not more

than 10 percent of the samples in a lot may fail the one-quarter inch

variation requirement designated in Sec. 51.2927 paragraph (a).

(2) If packages are marked with minimum size: Not more than 10

percent, by count, of the apricots in any sample may be below the

minimum size specified.

Application of Tolerances

Sec. 51.2929 Application of tolerances.

Individual samples are subject to the following limitations:

Provided, that the averages for the entire lot are within the

tolerances specified for the grade.

(a) For a tolerance of 10 percent or more; individual samples in

any lot may contain not more than one and one-half times the tolerance

specified, except that 1 decayed or 1 seriously damaged specimen may be

permitted in any sample.

(b) For a tolerance of less than 10 percent, individual samples in

any lot may contain not more than double the tolerance specified,

except that 1 decayed specimen may be permitted in any sample.

Definitions

Sec. 51.2930 Mature.

Mature means having reached the stage of development which will

insure a proper completion of the ripening process.

Sec. 51.2931 Well formed.

Well-formed means having the shape characteristic of the variety.

Sec. 51.2932 Damage.

Damage means any specific defect defined in this section; or an

equally objectionable variation of any one of these defects, any other

defect, or a combination of defects, which materially detracts from the

appearance, or the edible or shipping quality of the apricot. The

dimensions given for these defects are based on an apricot with a

diameter of 1\7/8\ inches (4.8 cm). Correspondingly larger or smaller

dimensions are allowed on larger or smaller apricots. The following

specific defects shall be considered as damage:

(a) Growth Cracks which are unhealed or when well healed and over

three-eighths of an inch (9.5 mm) in length.

(b) Limbrubs which are smooth and shallow and are more than one-

fourth inch (6.4 mm) in diameter.

(c) Russeting which is reddish to brown in color and exceeds 10

percent of the surface or thick, rough, and very dark and exceeds 5

percent of the surface.

(d) Dirt including spray residue appearing to the extent that it is

readily apparent.

(e) Scab spots when cracked or aggregating more than three-eighths

inch (9.5 mm) in diameter.

(f) Scale occurring as scale insects, scale marks, or similar marks

which are heavily concentrated or are scattered and aggregating more

than one-fourth inch (6.3 mm) in diameter.

(g) Hail when the skin has been broken or when not shallow and

superficial or more than three-eighths inch (9.5 mm) in diameter in the

aggregate.

(h) Bruises when: (1) The flesh is discolored deeper than one-

eighth of an inch (3.1 mm); or

(2) Any bruise causing discoloration exceeding the area of a circle

three-eighths inch (9.5 mm) in diameter; or

(3) An aggregate of lesser bruises detracting from the appearance,

edible or shipping quality of the apricot as much as paragraph (h) (1)

or (2) of this section.

Sec. 51.2933 Serious damage.

Serious Damage means any specific defect defined in this section;

or an equally objectionable variation of any one of these defects, any

other defect, or a combination of defects, which seriously detracts

from the appearance, or the edible or shipping quality of the apricot.

The dimensions given for these defects are based on an apricot with a

diameter of 1\7/8\ inches (4.8 cm). Correspondingly larger or smaller

dimensions are allowed on larger or smaller apricots. The following

specific defects shall be considered as serious damage:

(a) Growth Cracks which are unhealed or when well healed and over

one-half inch (12.7 mm) in length.

(b) Limbrubs which are smooth and shallow and are more than one-

half inch (12.7 mm) in diameter.

(c) Russeting which is reddish to brown in color and exceeds one-

third of the surface or thick, rough, and very dark and exceeds 15

percent of the surface.

(d) Dirt including spray residue which is readily apparent and

seriously affects the appearance.

(e) Scab spots when cracked or when well healed and aggregating

more than one inch (2.5 cm) in diameter.

(f) Scale occurring as scale insects, scale marks, or similar marks

aggregating more than one-half inch (12.7 mm) in diameter.

(g) Hail when the skin has been broken or when more than three

sixteenths (4.8 mm) of an inch deep or more than one-half inch (12.7

mm) in diameter in the aggregate.

(h) Bruises when: (1) The flesh is discolored deeper than three-

sixteenths of an inch (4.8 mm); or

(2) Any bruise causing discoloration exceeding the area of a circle

five-eighths inch (15.9 mm) in diameter; or

(3) An aggregate of lesser bruises detracting from the appearance,

edible or shipping quality of the apricot as much as paragraph (h)(1)

or (2) of this section.

Sec. 51.2934 Diameter.

Diameter means the greatest diameter, measured through the center

of the apricot, at right angles to a line running from the stem to the

blossom end.

Dated: September 22, 1994.

Lon Hatamiya,

Administrator.

[FR Doc. 94-23920 Filed 9-27-94; 8:45 am]

BILLING CODE 3410-02-P