United States Standards for Grades of Canned Peas; Final Rule

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 52

[FV-94-326]

United States Standards for Grades of Canned Peas

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: Pursuant to our periodic review of existing regulations and in

response to a petition from the National Food Processors Association

(NFPA), the Agricultural Marketing Service (AMS) is revising the United

States Standards for Grades of Canned Peas. The revision changes the

U.S. grade standards for canned peas by: Providing for the ``individual

attributes'' procedure for product grading with sample sizes,

acceptable quality levels (AQL's), tolerances and acceptance numbers

(number of allowable defects); replacing dual grade nomenclature with

single letter grade designations; basing the tolerance for extraneous

vegetable material (EVM) on drained weight rather than net contents

(product weight and weight of the brine); bringing tolerances for

defects in canned peas in line with the tolerances for defects in

frozen peas; removing Sec. 52.2294, Score sheet for canned peas; 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 National Food Processors Association (NFPA),

requesting that the U.S. grade standards for canned peas be revised.

NFPA is a scientifically and technically-based trade association

representing over 450 food industry companies.

NFPA's grade standards review subcommittee is responsible for

reviewing the existing U.S. grade standards for canned fruits and

vegetables to ascertain whether the standards remain current and

reflect processing and marketing practices. Based on the subcommittee's

recommendation, NFPA requested that the U.S. grade standards for canned

peas, which are currently based on cumulative score points, be revised

by converting the U.S. grade standards to statistically-based

individual attributes grade standards, similar to the recently revised

U.S. grade standards for canned green and wax beans (58 FR 4295,

January 14, 1993). NFPA also requested that market surveys or

discussion drafts be made available for the industry to review. This

revision is based on reviews of 1991 and 1992 discussion drafts, and

comments received for the proposed rule to revise the U.S. grade

standards for canned peas. The proposed rule was published in the

Federal Register on March 21, 1994 (59 FR 13252). The discussion drafts

and the proposal incorporated a grading system where individual

tolerances would be assigned to each individual defect. This system of

grading, is referred to as ``individual attributes.''

The revision provides statistically derived acceptable quality

levels (AQL's) based on the tolerances in the current standards (except

whenever possible, tolerances were changed to be more in line with the

tolerances for the same defects in frozen peas).

The standards incorporate USDA's policy of replacing dual grade

nomenclature with single letter grade designations. Under this final

rule, ``U.S. Grade A'' (``U.S. Fancy''), ``U.S. Grade B'' (``U.S. Extra

Standard''), and ``U.S. Grade C'' (``U.S. Standard'') simply become

``U.S. Grade A,'' ``U.S. Grade B,'' and ``U.S. Grade C.''

This revision also changes the criteria for evaluating extraneous

vegetable material (EVM). The Food and Drug Administration (FDA)

Standards of Identity and Quality for canned peas are based on the

drained weight of the peas. Under the current U.S. grade standards for

canned peas, EVM is evaluated on the basis of net contents (per 100

ounces of the peas and the brine). The pour-back method described in

FDA's Standard of Identity for Canned Peas is used to determine if

containers are adequately filled. The criteria for evaluating EVM in

both FDA Standards of Identity for canned peas and frozen peas and the

U.S. grade standards for frozen peas are based on the weight of the

peas only.

This revision of the voluntary grade standards brings the quality

factor of EVM in canned peas in line with the criteria used by FDA.

Wherever justifiable, USDA has modified the tolerances for defects

in canned peas so that they are basically similar to the tolerances for

the same defects in the U.S. grade standards for frozen peas. USDA uses

FDA's minimum quality criteria as a base when it establishes higher

levels of quality in the U.S. grade standards for canned peas. FDA has

established different minimum tolerances for similar defects in canned

peas and frozen peas. Therefore, USDA has established tolerances for

some defects in canned peas that will not be similar to the tolerances

for defects in frozen peas. Whenever possible, tolerances for similar

defects in canned peas are essentially the same as in frozen peas.

Also, this revision removes Sec. 52.2294, ``Score sheet for canned

peas,'' from the U.S. grade standards. Amending the canned peas score

sheet can be more efficiently facilitated by editing the score sheet as

a document not incorporated in the grade standards. This change is

consistent with recently revised U.S. grade standards in which score

sheets are no longer incorporated.

The revision includes minor editorial changes and provides a

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

standards. The format has been designed to provide users with simpler

and more comprehensive standards. Definitions of terms and easy-to-read

tables have been incorporated to assure better understanding and

uniform application of the standards.

Proposed Rule

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

was published in the Federal Register on March 21, 1994, (59 FR 13252)

with a sixty-day comment period. The comment period closed on May 20,

1994. USDA received one comment from the National Food Processor's

Association (NFPA). NFPA's Grade Standards Review Subcommittee's review

of the proposed rule generally agreed with the rule as published and

supports its adoption. However, NFPA requested consideration be given

to their comments and suggestions to improve the revision.

NFPA's first suggestion was that USDA and FDA jointly re-evaluate

the pour-back method to determine if containers are adequately filled

(Sec. 52.2284). Although required by the U.S. Food and Drug

Administration's Standard of Identity for Canned Peas (21 CFR 155.170),

the Association indicated that the method is antiquated and not widely

used by the industry.

Second, NFPA requested that the definition for ``blond'' peas be

further defined so that it apply to peas essentially devoid of green

pigmentation. The proposed definition for blond peas was ``Blond means

peas that are cream-colored or yellow in color.'' NFPA suggested the

following definition, ``Blond means peas that are cream-colored or

yellow in color and essentially devoid of green.''

Third, NFPA requested that the requirements for blond peas in

Sec. 52.2286 and Table II be based on percent by count instead of

percent by weight. Since the industry practice is to count rather than

weigh blond peas, NFPA believes counting is the more practical method

than weighing for this quality factor. The Association also suggested

there should be a difference in Grade A and Grade B tolerances for

blond peas. Currently the tolerance for Grade A and Grade B are the

same--one percent. NFPA suggested one and one-half percent for Grade B.

Fourth, NFPA suggested the acceptance numbers and AQL's for

extraneous vegetable material in Table V of the proposal be based on

specified tolerances and AQL's for varying sample sizes, as was done in

the tables for other classified defects, instead of basing the

acceptance numbers on each 1700 grams (60 oz) of drained product. The

Association believes this would more clearly indicate that acceptance

numbers apply to lot grading and would be more useful to industry.

The fifth suggestion was that tables III through VII be reorganized

into the format followed in the most recent discussion draft for frozen

green and wax beans under review by the Grade Standards Subcommittee.

This format includes tolerances, AQL's, and acceptance numbers for

various grades and sample sizes all in a single table.

USDA finds most of the comments received from NFPA persuasive.

Regarding NFPA's first comment about the pour-back method to determine

adequate fill being antiquated, USDA is willing to review all data NFPA

can provide, and consider, for future incorporation into the grade

standards, any alternative method to determine adequate fill of

container for canned peas that has been widely adopted by industry.

However, USDA has, wherever possible, adhered to FDA Standards of

Identity criteria. USDA finds that it is sufficient to reference the

standard of fill for canned peas as promulgated under the Federal Food,

Drug, and Cosmetic Act (21 CFR 155.170) in Sec. 52.2284 of these grade

standards. USDA is removing the text for the pour-back method from

these standards since it is redundant; the reference to the Standard of

Identity is sufficient.

USDA agrees with NFPA's second comment, with respect to changing

the definition for blond peas to include ``and essentially devoid of

green,'' and has made this change for clarity.

USDA agrees with NFPA's third comment, that the tolerances and

tables in Sec. 52.2286 and Table II be based on percent by count

instead of percent by weight, since it is more practical to count blond

peas and not weigh them. The industry practice of sizing peas results

in blond and green peas that are reasonably uniform in size. Therefore

this change will not substantially change the quality criteria for

blond peas. USDA also agrees with NFPA's suggestion that a tolerance of

one and one-half percent is equitable for Grade B canned peas, instead

of one percent. This change in Sec. 52.2286 and Table II provides a

distinct and reasonable quality level below Grade A for blond peas.

Regarding NFPA's fourth comment to base the acceptance numbers for

extraneous vegetable material (EVM) on specified tolerances and AQL's

for various sample sizes, USDA finds changing this table to be

impractical. Numerous tables would be required to provide acceptance

numbers for all of the sample sizes, container sizes, and drained

weight totals for product.

USDA has renumbered the table for EVM as Table IV and modified

footnote one for clarity to read, ``For the lot average of each 1700 g

(60 oz), of drained product. For example, a lot containing 10,200 g

(360 oz) of drained product may include no more than: 6 EVM units for

Grade A; 12 EVM units for Grade B; or 54 g (1.9 oz) total EVM for Grade

C.'' This change indicates that the acceptance numbers for EVM units

apply to each 1700 g of the drained product considering the total

drained product weight in the lot.

USDA agrees with NFPA's fifth comment to reorganize tables III

through VII to include tolerances, AQL's, quality factors, and

acceptance numbers into one table as was done in the discussion draft

for frozen green and wax beans. USDA has made this change reducing the

number of tables from seven to five, while making the tables easier to

use. USDA believes all the above changes are minor editorial changes

that provide clarity and reflect current marketing practices for canned

peas.

USDA has determined that this final rule will facilitate trade

between processors and buyers and improve the marketing of canned peas.

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 amends 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 is amended to read as

follows:

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

2. In Subpart--United States Standards for Grades of Canned Peas,

Secs. 52.2281 through 52.2291 are revised to read as follows:

Subpart--United States Standards for Grades of Canned Peas

Sec.

52.2281 Product description.

52.2282 Types of canned peas.

52.2283 Definitions of terms.

52.2284 Fill of container.

52.2285 Sizes of peas.

52.2286 Grades.

52.2287 Factors of quality.

52.2288 Prerequisite requirements and allowances for defects.

52.2289 Sample size.

52.2290 Quality requirements.

52.2291 Single sample unit.

Sec. 52.2281 Product description.

Canned peas means the canned product prepared from clean, sound,

shelled, succulent peas as such product is defined in the Standards of

Identity for Canned Peas (21 CFR 155.170) issued pursuant to the

Federal Food, Drug, and Cosmetic Act.

Sec. 52.2282 Types of canned peas.

(a) Early peas means canned succulent peas of Alaska or other

smooth skin varieties.

(b) Sweet peas means canned succulent peas of sweet, wrinkled

varieties.

Sec. 52.2283 Definitions of terms.

(a) Acceptable quality level (AQL) means the maximum percent of

defective units or the maximum number of defects per hundred units of

product that, for the purpose of acceptance sampling, can be considered

satisfactory as a process average.

(b) Appearance.

(1) Good appearance means that the peas are practically uniform in

color and are reasonably free of insignificant blemishes.

(2) Reasonably good appearance means that the peas are fairly

uniform in color and fairly free of insignificant blemishes.

(c) Blemishes. (1) Blemished means a unit that is spotted or

otherwise discolored (other than blond), such as vivid-green or brown,

to the extent that its appearance or eating quality is materially

affected.

(2) Seriously blemished means a unit that is seriously discolored

or spotted, such as a dark discolored pea, to the extent that the

appearance or eating quality is seriously affected.

(d) Blond means a unit that is cream-colored or yellow in color and

essentially devoid of green.

(e) Defect means any nonconformance of a unit(s) of product from a

specified requirement of a single quality characteristic.

(f) Extraneous vegetable material (EVM) means any harmless

vegetable material, to include:

(1) Flat material common to the pea plant such as leaves and pods,

and flat vegetable material from other plants;

(2) Cylindrical material common to the pea plant such as stems or

pieces of vines, and cylindrical vegetable material from other plants;

and

(3) Spherical material not common to the pea plant such as thistle

buds, berries and pieces of berries.

(g) Flavor and odor. (1) Good flavor and odor means the product has

a characteristic flavor and odor and is free from objectionable flavors

and odors.

(2) Reasonably good flavor and odor means that the product may be

lacking in characteristic flavor and odor but is free from

objectionable flavors and odors.

(h) Liquor. (1) Good liquor means the color of liquor is typical,

may have a slight cloudiness or a tint of green, only a slight to

moderate amount of suspended material or sediment may be present, and

the liquor is not viscous.

(2) Reasonably good liquor means the liquor may be cloudy or

slightly green, may have a pronounced accumulation of sediment, may be

dull but not off color, and may be viscous but not so viscous that the

liquor will not separate from the peas.

(i) Piece of pea (broken pea) means:

(1) A pea from which a cotyledon or a large portion thereof has

become separated;

(2) Two detached whole cotyledons;

(3) Pieces of detached cotyledons aggregating the equivalent of an

average size cotyledon; and

(4) A whole detached skin or portions of detached skin aggregating

the equivalent of an average size whole skin.

(j) Sample unit means the amount of product specified to be used

for grading. For appearance, flavor and odor, liquor, and varietal

characteristics, a sample unit is the entire contents of the container.

For grading EVM, a sample unit is each 1700 g (60.0 oz) drained

product; for blemished (spotted), seriously blemished, and broken peas

(pieces), a sample unit is each 400 peas. For grading maturity, a

sample unit is each 50 peas or more in accordance with Table III in

Sec. 52.2288.

(k) Tolerance means the percentage of defective units allowed for

each quality factor.

(l) Unit means each whole pea.

Sec. 52.2284 Fill of container.

The standard for fill of container for canned peas is not

incorporated in the grade of the finished product since fill is not a

factor of quality for the purposes of these grades. Except in the case

of vacuum pack, canned peas shall be considered standard in fill if

they meet the standard of fill promulgated under the Federal Food,

Drug, and Cosmetic Act (21 CFR 155.170). Canned peas that do not meet

this requirement are ``Below Standard in Fill.''

Sec. 52.2285 Sizes of peas.

Except for the factor of defects in determining pieces of peas, the

sizes of peas are not considered in ascertaining the quality of the

product for the purposes of these grades. The size of a pea is

determined on the basis of the diameter of the circular opening(s)

through which the pea will pass or will not pass without force or

pressure. The size designations and diameters applicable to canned peas

are shown in Table I of this section.

Table I.--Sizes of Canned Peas

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Diameter of circular openings in inches

(millimeters)

Size designation ------------------------------------------------

Will not pass through Will pass through

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Size 1................. ....................... 9/32 (7.1)

Size 2................. 9/32 (7.1)............. 10/32 (7.9)

Size 3................. 10/32 (7.9)............ 11/32 (8.7)

Size 4................. 11/32 (8.7)............ 12/32 (9.5)

Size 5................. 12/32 (9.5)............ 13/32 (10.3)

Size 6................. 13/32 (10.3)........... 14/32 (11.1)

Size 7................. 14/32 (11.1)...........

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Sec. 52.2286 Grades.

(a) U.S. Grade A is the quality of canned peas that:

(1) Meets the following prerequisites in Table II of Sec. 52.2288

in which the canned peas:

(i) Have similar varietal characteristics;

(ii) Have a good appearance;

(iii) Have not more than one (1) percent, by count, blond peas;

(iv) Have a good liquor; and

(v) Have a good flavor and odor.

(2) Is within the limits for defects as specified in Tables III,

IV, and V of Sec. 52.2288, as applicable.

(b) U.S. Grade B is the quality of canned peas that:

(1) Meets the following prerequisites in Table II of Sec. 52.2288

in which the canned peas:

(i) Have similar varietal characteristics;

(ii) Have a good appearance;

(iii) Have not more than one and one-half (1.5) percent, by count,

blond peas;

(iv) Have a good liquor; and

(v) Have a good flavor and odor.

(2) Is within the limits for defects as specified in Tables III,

IV, and V of Sec. 52.2288, as applicable.

(c) U.S. Grade C is the quality of canned peas that:

(1) Meets the following prerequisites in Table II of Sec. 52.2288

in which the canned peas:

(i) Have similar varietal characteristics;

(ii) Have a reasonably good appearance;

(iii) Have not more than two (2) percent, by count, blond peas;

(iv) Have a reasonably good liquor; and

(v) Have reasonably good flavor and odor.

(2) Is within the limits for defects as specified in Tables III,

IV, and V of Sec. 52.2288, as applicable.

(d) Substandard is the quality of canned peas that fail to meet the

requirements of U.S. Grade C.

Sec. 52.2287 Factors of quality.

The grade of canned peas is based on requirements for the following

quality factors:

(a) Prerequisite quality factors:

(1) Varietal characteristics;

(2) Appearance;

(3) Blond peas;

(4) Liquor; and

(5) Flavor and odor.

(b) Classified quality factors:

(1) Maturity;

(2) Extraneous vegetable material (EVM);

(3) Blemished, spotted or discolored peas;

(4) Seriously blemished or seriously discolored peas; and

(5) Pieces of peas (broken).

Sec. 52.2288 Prerequisite requirements and allowances for defects.

Table II.--Prerequisites Requirements

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Factors Grade A Grade B Grade C

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Varietal Similar.......... Similar......... Similar.

characteristics.

Appearance....... Good............. Good............ Reasonably good.

Blond peas....... Not more than 1% Not more than Not more than 2%

by count. 1.5% by count. by count.

Liquor........... Good............. Good............ Reasonably good.

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

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Table III.--Canned Peas, Lot Acceptance Numbers (Sinkers) for Brine Floatation

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Sample units x sample unit size (units of product)

-------------------------------------------------------- 1 x 50\1\50 3 x 50150 6 x 50300 13 x 50650 21 x 501050 29 x 501450

TOL AQL\2\ Type of peas % salt sol.

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Grade A

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12.0....... 10.1 Sweet........... 11.0 8 21 39 78 122 165

2.0........ 1.3 Sweet........... 13.0 2 4 7 13 20 26

20.0....... 17.6 Early........... 11.0 13 34 63 130 205 279

2.0........ 1.3 Early........... 13.5 2 4 7 13 20 26

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Grade B

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15.0....... 13.0 Sweet........... 13.0 10 26 48 98 154 209

4.0........ 2.9 Sweet........... 15.0 3 8 13 26 39 53

30.0....... 27.2 Early........... 13.5 18 50 94 195 309 422

8.0........ 6.4 Early........... 15.0 6 15 26 52 80 108

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Grade C

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10.0....... 8.2 Sweet........... 15.0 7 18 33 65 101 137

10.0....... 8.2 Early........... 16.0 7 18 33 65 101 137

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\1\For unofficial samples.

\2\AQL calculated from tolerance (TOL) at 650.

Table IV.--Canned Peas, Acceptance Numbers for Extraneous Vegetable Material (EVM)\1\

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Per 1700 g (60 oz)

Description of material EVM unit designation --------------------------------------

Grade A Grade B Grade C

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Flat; or cylindrical; or Each 1.5 cm\2\ (0.25 in\2\); or each 13 1 2 ...........

spherical. mm (each 0.50 in); or each piece.

Flat, cylindrical, and Total weight in grams................... ........... ........... 9

spherical EVM.

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\1\For the lot average of each 1700 g (60 oz) of drained product. For example, a lot containing 10,200 g (360

oz) of drained product may include no more than: 6 EVM units for Grade A; 12 EVM units for Grade B; or 54 g

(1.9 oz) total EVM for Grade C.

Table V.--Canned Peas, Lot Acceptance Numbers for Defects, Other Than EVM

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Sample units x sample unit size(units of product)

--------------------------------------------------------------------- 1 x 400\1\400 3 x 4001200 6 x 4002400 13 x 4005200 21 x 4008400 29 x 40011600

Quality Factors TOL AQL \2\

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Grade A

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Blemished peas.............................. 1.0 0.80 6 15 26 52 80 108

Seriously blemished peas.................... 0.50 0.37 3 8 14 26 40 53

Pieces of peas (broken), larger than No. 2

sieve size................................. 5.0 4.5 25 66 125 259 410 560

Pieces of peas (broken) No. 1 and No. 2..... 7.0 6.4 34 91 174 363 576 787

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Grade B

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Blemished peas.............................. 3.0 2.6 16 40 75 154 242 330

Seriously blemished peas.................... 0.75 0.58 5 11 20 39 60 81

Pieces of peas (broken), all sieve sizes.... 10.0 9.3 47 129 248 520 827 1133

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

Grade C

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Blemished peas.............................. 5.0 4.5 25 66 125 259 410 560

Seriously blemished peas.................... 1.0 0.80 6 15 26 52 80 108

Pieces of peas (broken), larger than No. 2

sieve size................................. 12.5 11.8 58 160 309 652 1040 1426

Pieces of peas (broken) No. 1 and No. 2

sieve sizes................................ 12.0 11.3 53 153 296 625 997 1367

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\1\For unofficial samples.

\2\AQL calculated from tolerance (TOL) at 5200.

Sec. 52.2289 Sample size.

The sample size used to determine whether the requirements of these

standards are met shall be as specified in the sampling plans and

procedures 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).

Sec. 52.2290 Quality requirements.

A lot of canned peas is considered as meeting the requirements for

quality if:

(a) The prerequisite requirements specified in Sec. 52.2286 are

met; and

(b) None of the allowances for the individual quality factors

specified in Tables III, IV, and V of Sec. 52.2288, as applicable are

exceeded.

Sec. 52.2291 Single sample unit.

Each unofficial sample unit submitted for quality evaluation will

be treated individually and is considered as meeting the requirements

for quality if:

(a) The prerequisite requirements specified in Sec. 52.2286 are

met;

(b) The acceptable quality levels and acceptance numbers in Tables

III, IV, and V of Sec. 52.2288, as applicable for the sieve size, are

not exceeded.

Dated: October 11, 1994.

Lon Hatamiya,

Administrator.

[FR Doc. 94-25671 Filed 10-17-94; 8:45 am]

BILLING CODE 3410-02-P