United States Standards for Grades of Tomato Sauce; Final Rule

SUMMARY: In response to a petition from the Indiana Food Processors

Association, Incorporated (IFPA), now part of Mid-America Food

Processors Association, and petitions from Escalon Packers,

Incorporated, and Heinz, U.S.A., the Agricultural Marketing Service

(AMS) has revised the United States Standards for Grades of Tomato

Sauce. The final rule will change the U.S. grade standards for tomato

sauce by: changing the product description to include the provision

allowing tomato sauce to be made from tomato paste; redesignating the

quality level for ``U.S. Grade C'' as ``U.S. Grade B,'' redefining good

consistency in U.S. Grade A and redefining reasonably good consistency

in U.S. Grade B; replacing dual grade nomenclature with single letter

grade designations; providing for the use of other USDA approved

methods or devices to determine the color of tomato sauce; objectively

defining the quality factor for ``defects''; removing Sec. 52.2381,

Score sheet for tomato sauce; and making minor editorial changes.

EFFECTIVE DATE: November 17, 1994.

FOR FURTHER INFORMATION CONTACT: James R. Rodeheaver, Processed

Products Branch, Fruit and Vegetable Division, Agricultural Marketing

Service, U.S. Department of Agriculture, Room 0709, South Building,

P.O. Box 96456, Washington, DC 20090-6456, Telephone (202) 720-4693.

SUPPLEMENTARY INFORMATION: This rule is exempt from Executive Order

12866 review.

Pursuant to the requirements set forth in the Regulatory

Flexibility Act, Public Law 96-354 (5 U.S.C. 601 et seq.), the

Administrator, Agricultural Marketing Service, has certified that this

action will not have a significant economic impact on a substantial

number of small entities. It will not result in an annual effect on the

economy of $100 million or more. There will be no major increase in

cost or prices for consumers; individual industries, Federal, State, or

local government agencies; or geographic regions. It will not result in

significant effects on competition, employment, investments,

productivity, innovations, or the ability of United States-based

enterprises to compete with foreign-based enterprises in domestic or

export markets. In addition, under the Agricultural Marketing Act of

1946, the use of these standards is voluntary. A small entity may avoid

incurring any additional economic impact by not employing the

standards.

This final rule has been reviewed under Executive Order 12778,

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

effect. This final 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 regulatory 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 Department of Agriculture (USDA) received a

petition from the Indiana Food Processors Association, Incorporated

(IFPA) now part of Mid-America Food Processors Association, requesting

that the U.S. grade standards for tomato sauce be revised. IFPA wanted

the grade standards to reflect newer tomato varieties, harvesting and

processing techniques, and procedures leading to improvements in the

quality of tomato sauce. Escalon Packers, Incorporated (Escalon,

California), and Heinz, U.S.A. (Pittsburgh, Pennsylvania) requested

similar changes in the grade standards.

Tomatoes used for processing were large core tomato varieties when

the currently effective U.S. grade standards were last amended (October

1960). The large core tomato varieties were slightly higher in natural

tomato solids (solids largely made up of soluble sugars, fruit acids,

and mineral salts), but lacked the consistency found in recently

developed coreless tomatoes.

Since these grade standards were last revised, it has become a

common practice to manufacture tomato sauce from tomato paste as well

as directly from tomatoes for processing. USDA has changed the product

description for tomato sauce to include provisions for both processing

practices.

The quality levels in the current grade standards are designated as

``U.S. Grade A'' and ``U.S. Grade C.'' Most other U.S. grade standards

with two quality levels, such as tomato juice, are designated as ``U.S.

Grade A'' and ``U.S. Grade B.'' This revision will change the grade

designation of ``U.S. Grade C'' to ``U.S. Grade B'' in the grade

standards for tomato sauce.

IFPA stated in their petition that over the last ten years, new

manufacturing techniques and procedures and new hybrid tomato varieties

have provided processors the ability to produce tomato sauce with a

higher consistency (resistance of a fluid to deformation i.e., apparent

viscosity). In the marketplace, consumers have indicated a purchasing

preference for higher consistency tomato sauce. IFPA believed that U.S.

Grade A should include the higher consistency requirements that

consumers prefer. In their petition, they specified what those

requirements for consistency should be.

Although the consistency of tomato sauce is affected by the mix of

ingredients permitted in the product, it is known that texture and

consistency of the tomatoes, as a principle ingredient, have improved

the quality characteristics of tomato sauce.

Presently, tomato sauce consistency is based on Bostwick

consistometer readings which measure the distance a specific volume of

tomato sauce flows on the level plane of the consistometer. And

consistency represents the resistance of the sauce to flow and the

tendency of the liquid portion to separate from the insoluble solids

portion. Low consistency sauce flows farther than high consistency

sauce. Score points are assigned according to the consistometer

readings, expressed in centimeters, and the measurement of apparent

free liquid.

The USDA agrees that the quality of tomato sauce will be correctly

represented if higher consistency or ``thicker'' sauce is assigned a

higher score and lower consistency or ``thinner'' sauce is assigned a

lower score when consumer preference for thicker sauce prevails in the

marketplace.

In the current grade standards the minimum requirements (maximum

flow limits) for consistency in U.S. Grade A and U.S. Grade C are 14

centimeters and 18 centimeters respectively, measured by the Bostwick

consistometer. IFPA recommended these values be reduced to 11

centimeters for Grade A and 15 centimeters for U.S. Grade C. Others

have indicated that the range for U.S. Grade A should be 12 centimeters

or less.

Heinz, U.S.A., a major food service distributor of tomato sauce,

also petitioned for changing the consistency range for tomato sauce

from the 8 to 14 centimeter range, citing that current grade standards

do not reflect the higher consistency ranges attainable through tomato

genetics and development of newer varieties. They requested a range of

4 to 10 centimeters for U.S. Grade A for food service use, and a range

of more than 10 to not more than 15 centimeters for U.S. Grade C (which

is now designated as Grade B). Escalon Packers, Incorporated

recommended similar ranges. USDA proposed a consistency range of 4.0

centimeters to 12.0 centimeters for U.S. Grade A tomato sauce, and a

range for U.S. Grade B of less than 4.0 centimeters but not less than

3.0 centimeters or more than 12.0 centimeters but not more than 15.0

centimeters. The higher consistency (lower centimeter value) tomato

sauce will receive the higher score points in U.S. Grade A. The

consistency ranges for both U.S. Grade A and U.S. Grade B were

determined based on the consistency range of tomato sauce currently

available in the marketplace, review of purchasing specifications, and

review of industry processing practices. These revised consistency

ranges for the two grades in the U.S. grade standards reflect current

processing and marketing practices and represent quality levels that

can be produced from the use of newer varieties of processing tomatoes.

In addition to the recommendations submitted by IFPA, this final

rule replaces dual grade nomenclature with single letter designations.

Under this revision, ``U.S. Grade A'' (or ``U.S. Fancy'') and ``U.S.

Grade C'' (or ``U.S. Standard'') will become ``U.S. Grade A'' and

``U.S. Grade B'', respectively.

This revision also provides for the use of other methods or devices

other than Munsell color discs to determine color. These methods or

devices must be approved by USDA and must give results equivalent to

the assigned combinations of Munsell color discs for the respective

grades.

Some members of the tomato sauce industry recommended that USDA

provide a more objective method to evaluate ``defects'' in tomato

sauce. In response, USDA set specific tolerances for peel, dark brown

and black specks, and whole seeds based on 100 grams (3.5 oz) spread

over a specified area of at least 968 square centimeters (150 sq in).

Also, this final rule will remove Sec. 52.2381, ``Score sheet for

tomato sauce'', from the U.S. grade standards. Reformatting or amending

the tomato sauce score sheet is a time consuming process that can be

facilitated by editing the score sheet as a document not incorporated

in the grade standards. This change is consistent with the format for

recently revised grade standards.

This revision includes minor editorial changes and provides a

uniform format consistent with recent revisions of other U.S. grade

standards. In addition, this format has been designed to provide

industry personnel and agricultural commodity graders with simpler and

more comprehensive standards.

Definitions of terms and easy-to-read tables have been incorporated

to assure a better understanding and uniform application of the

standards.

Proposed Rule

The proposal to revise the U.S. Standards for Grades of Tomato

Sauce was published in the Federal Register on September 7, 1993 (58 FR

47071) with a sixty-day comment period. The comment period closed on

November 8, 1993. There were no public comments received during the

comment period. However, USDA received a comment from Stanislaus Food

Products, Modesto, California, after the comment period closed.

Stanislaus is a major producer and distributor of tomato sauce and

other tomato products produced directly from fresh tomatoes. In their

comment, which has been included in the public record, the company

urged, in the interest of accurate labeling of all finished tomato

products, that AMS either exclude from the standard tomato sauce made

from tomato concentrate or require such product be prominently labeled

as made from tomato concentrate.

In support of this view, Stanislaus described differences in

manufacturing processes. Stanislaus also stated in making sauce from

paste and from slightly concentrated tomatoes that ``AMS itself

recognizes the quality differences between traditional and

`remanufactured' tomato products.'' The company cited AMS exclusion of

``remanufactured'' products from the AMS October 1992 invitation to buy

concentrated crushed tomatoes for use in the Child Nutrition (CN)

Program (Invitation FV-982, No. 31) as evidence to support their view.

Stanislaus also stated that remanufactured tomato sauce cannot be

graded under the existing AMS grade standards indicating that the

current standards were drafted by USDA before the advent of

``remanufacturing.''

AMS does not find the arguments of Stanislaus Food Products

persuasive. The quality requirements in the 1992 AMS solicitation were

amended shortly after the initial announcement, (Amendment No. 2) to

Invitation No. 31, to allow bids for concentrated crushed tomatoes made

from tomato concentrate if certain criteria were met. While Stanislaus

is correct in stating that when the current grade standards were

promulgated tomato sauce was rarely made from tomato concentrates, and

that the product description in the current grade standards does not

include the manufacture of sauce from paste, Stanislaus fails to

acknowledge that it has been common industry practice for more than

twenty years to manufacture tomato sauce from tomato concentrate. There

are, moreover, distinct advantages to allowing the grade standards to

include sauce made from paste. These include, as Stanislaus notes,

economic benefits in storing and shipping tomato concentrates for

production of tomato sauce as compared to storing and shipping diluted

tomato products or tomato sauce made from slightly concentrated

tomatoes.

USDA believes that consumers, by reading the ingredients statement

on the label, can differentiate remanufactured tomato sauce from tomato

sauce made directly from tomatoes. When tomato sauce is remanufactured

from tomato concentrates, the ingredient statement must include

language similar to: ``Ingredients: Tomato concentrate (water, and

tomato paste), salt, onion powder, garlic powder, citric acid, and

natural flavors, etc.'' If the tomato sauce is made directly from

tomatoes, the ingredient statement must include language similar to:

``Ingredients: tomatoes, salt, dehydrated onions, dehydrated garlic,

spices, and natural flavorings, etc.''

USDA further believes that, to the extent there is an interest in

requiring especially prominent labeling of tomato sauce as made from

fresh tomatoes or concentrate, the proper regulatory medium would be

the Standards of Identity for tomato products or changes in the

labeling regulations promulgated by the Food And Drug Administration

(FDA). USDA is aware that FDA received a petition (Docket No. 90P-0430)

to modify existing FDA labeling regulations to address products made

from ``remanufactured ingredients.'' FDA has stated in the public

record (58 FR 2406) that some of the issues discussed in the petition

concerning remanufactured ingredients are undergoing FDA review and

indicated it plans to take appropriate action.

Based on the foregoing considerations, USDA has concluded that to

exclude from the grade standards tomato sauce made from remanufactured

ingredients would be an inappropriate use of the grade standards which

could impede the marketing of tomato sauce and other tomato products,

raising costs to consumers while providing few, if any, offsetting

benefits.

A copy of the proposed rule was provided to the Agricultural

Research Service (ARS) for help in identifying studies, monographs,

data collection or other information relevant to the possible effect of

the proposed revision on pesticide use. ARS reported they were not

aware of any published material specifically relevant to the effects of

pesticides on the ``cosmetic appearance'' of tomatoes. ARS did note,

``however, pesticide-treated fruit are likely to be generally more

blemish-free than tomatoes not treated with pesticides.'' ARS attached

research information on the effects of pesticides on carotenes in

squash and carrots suggesting that these results may be applicable to

tomato (although ARS was unaware of specific similar research for

tomatoes). The literature indicated that soil fumigants Telone or

Nemagone increased the carotene content of carrots.

The carotene contents of Danvers and Chantenay carrots grown in

soil treated with herbicides Linuron or CIPC and that of Butternut

squash grown in soil treated with Amiben and Dinoseb were significantly

higher than the carotene content of control vegetables. Herbicide

treatment did not affect the carotene content of Hubbard squash or that

of two spinach varieties (Sweeney and Marsh, 1971).

ARS further stated that the characteristics of the tomato fruit

related to processing are largely controlled by genetics and are

reflected in new processing tomato varieties.

Final Rule

Upon review of all the background information and comments

collected during the rulemaking process, USDA determined that this

final rule for the United States Standards for Grades of Tomato Sauce

appearing after this preamble should be published in the Federal

Register and become effective 30 days after publication.

The USDA has determined this final rule will facilitate trade

between processors and buyers and improve the marketing of tomato

sauce.

List of Subjects in 7 CFR Part 52

Food grades and standards, Food labeling, Frozen foods, Fruit

juices, Fruits, Reporting and recordkeeping requirements, Vegetables.

For the reasons set forth in the preamble, the U.S. Department of

Agriculture proposes to amend 7 CFR part 52 as follows:

PART 52--PROCESSED FRUITS AND VEGETABLES, PROCESSED PRODUCTS

THEREOF, AND CERTAIN OTHER PROCESSED FOOD PRODUCTS

1. The authority citation for part 52 continues to read as follows:

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

2. In Subpart--United States Standards for Grades of Tomato Sauce,

Sec. 52.2371 through Sec. 52.2377 are revised to read as follows:

Subpart--United States Standards for Grades of Tomato Sauce

Sec.

52.2371 Product description.

52.2372 Definitions of terms.

52.2373 Fill of container.

52.2374 Ascertaining the grade and factors of quality.

52.2375 Allowance for defects.

52.2376 Sample unit sizes.

52.2377 Determining the grade of a lot.

Sec. 52.2371 Product description.

Tomato sauce is the concentrated product prepared from the liquid

extracted from mature, sound, whole tomatoes; the sound residue from

preparing such tomatoes for canning; the residue from partial

extraction of juice; reconstituted or remanufactured tomato paste; or

any combination of these ingredients to which is added salt and spices.

One or more nutritive sweetening ingredients, a vinegar or vinegars,

onion, garlic, or other vegetable flavoring ingredients may be added.

The food is preserved by heat sterilization (canning), refrigeration,

or freezing. When sealed in a container to be held at ambient

temperatures, it is so processed by heat, before or after sealing, as

to prevent spoilage. The refractive index of the tomato sauce at 20

degrees Celsius is not less than 1.3455.

Sec. 52.2372 Definitions of terms.

(a) Color means the amount of red in the tomato sauce as determined

by comparing the color of the product with that produced by spinning a

combination of the following Munsell color discs:

Disc 1-Red (5R 2.6/13) (glossy finish);

Disc 2-Yellow (2.5YR 5/12) (glossy finish);

Disc 3-Black (N1) (glossy finish); and

Disc 4-Gray (N4) (mat finish).

Any other method or device approved by the USDA which gives

equivalent results may be used.

(1) Good color means the color typical of tomato sauce that

contains as much or more red than that produced by spinning the

specified Munsell color discs in the following combinations or an

equivalent of such composite color:

65 percent of the area of Disc 1;

21 percent of the area of Disc 2; and

14 percent of the area of Disc 3 or Disc 4, or 7 percent of the

area of Disc 3 and 7 percent of the area of Disc 4, whichever most

nearly matches the reflectance of the tomato sauce.

(2) Reasonably good color means the color typical of tomato sauce

that contains as much or more red than that produced by spinning the

specified Munsell color discs in the following combinations or an

equivalent of such composite color:

53 percent of the area of Disc 1;

28 percent of the area of Disc 2; and

19 percent of the area of either Disc 3 or 4, or 9\1/2\ percent of

the area of Disc 3 and 9\1/2\ percent of the area of Disc 4, whichever

most nearly matches the reflectance of the tomato sauce.

(b) Consistency means the resistance of the tomato sauce to

deformation or resistance to flow i.e., apparent viscosity and the

tendency to hold its liquid portion in suspension.

(1) Good consistency means the tomato sauce is not excessively

stiff, and flows not less than 4.0 cm nor more than 12.0 cm in 30

seconds at 20 degrees Celsius in the Bostwick consistometer. After

placing a tablespoon of tomato sauce on a shallow tray and observing

the separation of free liquid for 2 minutes, there shall be no more

than 5 mm (\3/16\ in) separation. The higher consistency tomato sauce

will receive the higher score points.

(2) Reasonably good consistency means the tomato sauce is not

excessively stiff, flows less than 4.0 cm but not less than 3.0 cm or

flows more than 12.0 cm but not more than 15.0 cm in 30 seconds at 20

degrees Celsius in the Bostwick consistometer. After placing a

tablespoon of tomato sauce on a shallow tray and observing the

separation of free liquid for 2 minutes, there shall be no more than 10

mm (\3/8\ in) separation. Within these two ranges, tomato sauce

approaching ``good consistency'' will receive the higher score points.

(c) Defects mean the degree of freedom from defects such as dark

brown or black specks, whole seeds, tomato peel, core material or other

similar substances. The specific requirements for defects are included

in Table I of Sec. 52.2375. This factor is evaluated by observing a

layer of 100 g (3.5 oz) of product which is spread over a smooth white

surface area of at least 968 sq cm (150 sq in).

(1) Practically free of defects means that any defects present in

the sauce do not exceed the requirements for ``practically free'' in

Table I of Sec. 52.2375.

(2) Reasonably free of defects means that any defects present in

the sauce do not exceed the requirements for ``reasonably free'' in

Table I of Sec. 52.2375.

(d) Finish. (1) Good finish means that the product is evenly

comminuted, has uniform, smooth texture, and is free from lumps.

(2) Poor finish means that the product fails to meet the definition

of ``good finish.''

(e) Flavor and odor means the flavor and odor characteristic of

tomato sauce produced from good quality ingredients that have been

properly processed.

(1) Good flavor and odor means a good distinct flavor and odor

characteristic of good quality ingredients. Such flavor and odor is

free from scorching or any other objectionable flavor or odor.

(2) Reasonably good flavor and odor means a flavor and odor

characteristic of the ingredients in which there may be slight traces

of undesirable flavor, such as scorched, bitter, or astringent flavor,

but is free from objectionable off-flavors and odors.

Sec. 52.2373 Fill of container.

Except for frozen tomato sauce and tomato sauce packaged in

individual serving-size packages containing 56.7 grams (2 ounces) or

less, each container of tomato sauce shall be filled as full as

practicable without impairment of quality and shall occupy not less

than 90 percent of the capacity of the container.

Sec. 52.2374 Ascertaining the grade and factors of quality.

(a) The grade of tomato sauce is ascertained by considering the

factor of finish, which is not scored, and the ratings for the factors

of color, consistency, defects, and flavor and odor, which are scored.

The relative importance of each factor which is scored is expressed

numerically on the scale of 100. The maximum number of points that may

be given for each factor is:

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

Factors Points

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

Color........................................................ 25

Consistency.................................................. 25

Defects...................................................... 25

Flavor and odor.............................................. 25

----------

Total score................................................ 100

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

Sec. 52.2375 Allowances for defects.

Table I

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

Factors U.S. Grade A U.S. Grade B

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

Finish................. Good\1\................ Good.\1\

Color.................. Good................... Reasonably good.

Score................ 21 to 25 points........ 17 to 20 points.

Consistency............ Good................... Reasonably good.

Centimeters (Bostwick). 4.0 to 12.0............ 3.0 to less than 4.0

or more than 12.0 but

less than 15.0.

Separation of free Equal to or less than 5 More than 5 mm but

liquid. mm (\3/16\ in). equal to or less than

10 mm (\3/8\ in).

Score................ 22 to 25 points........ 18 to 21 points.

Defects\2\............. Practically free....... Reasonably free.

Pieces of peel\3\ Combined total of 15 Combined total of 36

exceeding 5 mm/100 g pieces of peel and pieces of peel and

(3.5 oz) and dark dark brown or black dark brown or black

specks exceeding 1.0 specks; no dark brown specks; not more than

mm (\1/32\ in). or black specks exceed 2 dark brown or black

3.2 mm (\1/8\ in). specks exceed 3.2 mm,

no dark brown or

black specks exceed

6.5 mm (\1/4\ in).

Whole seeds/2.835 kg 1...................... 5.

(100 oz).

Overall appearance..... Not materially affected Not seriously

affected.

Score................ 21 to 25 points........ 18 to 20 points.

Flavor and odor........ Good................... Reasonably good.

Score................ 21 to 25 points........ 17 to 20 points.

Total minimum score 85 points.............. 70 points.\4\

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

\1\Evenly comminuted; smooth uniform texture.

\2\Except for whole seeds, based on 100 grams (3.5 oz) of diluted well-

mixed product at 8.0 to 9.0 percent natural tomato soluble solids

(NTSS). Whole seeds, based on 2.835 kg (100 oz) of product at 8.0 to

9.0 NTSS if at least one whole seed(s) is found in a sample.

\3\Measured without unrolling.

\4\Tomato sauce which fails to meet the quality of U.S. Grade B shall be

classified as ``Substandard.''

Sec. 52.2376 Sample unit sizes.

(a) The sample unit size is the amount of product specified to be

used for inspection in 7 CFR 52.38, Table III.

(b) For Number 10 can size or larger, an optional sample unit size

of 900 g (approximately 32 oz) per container is permitted.

Sec. 52.2377 Determining the grade of a lot.

The grade of a lot of tomato sauce covered by these standards is

determined by the procedures found in the ``Regulations Governing

Inspection and Certification of Processed Fruits and Vegetables,

Processed Products Thereof, and Certain Other Processed Food Products''

(7 CFR 52.1 through 52.83).

Secs. 52.2378-52.2381 [Removed and Reserved]

3. Sections 52.2378 through 52.2381 are removed and reserved.

Dated: October 11, 1994.

Lon Hatamiya,

Administrator.

[FR Doc. 94-25670 Filed 10-17-94; 8:45 am]

BILLING CODE 3410-02-P