Grading and Inspection, General Specifications for Approved Plants and Standards for Grades of Dairy Products; United States Standards for Grades of Whipped Butter

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 58

[DA-92-18]

Grading and Inspection, General Specifications for Approved

Plants and Standards for Grades of Dairy Products; United States

Standards for Grades of Whipped Butter

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: This final rule promulgates new United States Standards for

Grades of Whipped Butter. These standards establish quality criteria

for grade determination and optional microbiological and keeping-

quality tests for whipped butter.

The Department has determined that the grading of butter sold in

consumer-size packages bearing USDA official identification (grade-

label) should be conducted when the product is in the final package.

Previously, the quality of whipped butter was evaluated prior to the

whipping process using the U.S. Standards for Grades of Butter. The

U.S. Standards for Grades of Whipped Butter change this procedure.

EFFECTIVE DATE: February 9, 1994.

FOR FURTHER INFORMATION CONTACT: Diane D. Lewis, Dairy Products

Marketing Specialist, Dairy Standardization Branch, USDA/AMS/Dairy

Division, room 2750-S, P.O. Box 96456, Washington, DC 20090-6456, (202)

720-7473.

SUPPLEMENTARY INFORMATION: This final rule has been reviewed under

Executive Order 12778, Civil Justice Reform. This action is not

intended to have retroactive effect. This rule does 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.

The final rule also has been reviewed in accordance with the

Regulatory Flexibility Act, 5 U.S.C. 601 et seq. The Administrator,

Agricultural Marketing Service, has determined that the final rule will

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

entities because use of the standards is voluntary and this action will

not increase costs to those utilizing the standards.

The Department is issuing this rule in conformance with Executive

Order 12866.

In 1991, the Department evaluated the procedures used to assign

U.S. grades to butter in consumer-size packages. The Department

concluded that grading of the product should be conducted in the final

package because the evaluation of whipped butter at that time is more

accurate.

Previously, the procedure for evaluating grade-label whipped butter

was to either grade the butter in the bulk form prior to whipping or

obtain a sample of fresh butter taken during the manufacturing process

and evaluate it. These methods are changed by this action because of

the Department's decision to conduct grading in the final package. The

new standards have received general support from many of the

manufacturers of whipped butter who utilize the USDA grade-label

program, as well as from the American Butter Institute. In addition,

the standards were field-tested by the Dairy Grading Branch and found

to be satisfactory.

In view of the need for new standards, the Department published on

June 30, 1993 (58 FR 34937) proposed United States Standards for

Whipped Butter. Except for minor format changes, the standards

contained in this final rule are the same as those set forth in the

proposal. The new standards establish the following.

1. Provide Quality Specifications for Whipped Butter at Two U.S. Grade

Levels: U.S. Grade AA and U.S. Grade A

Whipped butter is produced by uniformly incorporating air or inert

gas into butter to improve its spreadability characteristics. The

percent overrun, based on buyer or consumer preference, is usually

between 50 and 100 percent. Market analysis conducted during the

development of these standards supports the opinion that consumers

prefer the higher quality products. Therefore, standards are

established for quality designations at two levels: U.S. Grade AA and

U.S. Grade A.

2. Define Flavor Characteristics

Production and processing practices influence flavor

characteristics in whipped butter. To manufacture whipped butter with a

highly pleasing flavor, the raw milk and cream must be free of

objectionable flavors. This final rule defines acceptable flavor

characteristics to assist the graders in identifying and classifying

the flavor.

3. Define Body, Color, and Salt Characteristics and Establish

Disratings

Just as production and processing practices influence the flavor of

whipped butter, they also influence body, color, and salt

characteristics. This final rule describes distinguishing body, color,

and salt characteristics and establishes disratings which are used to

determine the U.S. grade.

4. Illustrate How Flavor, Body, Color, and Salt Characteristics

Influence Grade Determination

These standards provide step-by-step instructions in determining

the final grade of whipped butter. The U.S. grade of whipped butter is

determined on the basis of classifying first the flavor

characteristics. Then body, color, and salt characteristics are noted

and disratings established. When total disratings exceed the permitted

amount identified in the standards, the final U.S. grade is lowered.

5. Establish Optional Microbiological and Keeping-Quality Tests (Not

Mandatory for Grade Designation)

Since 1975, the General Specifications for Dairy Plants Approved

for USDA Inspection and Grading Service have required microbiological

and keeping-quality testing of whipped butter bearing USDA official

identification. The market analysis conducted during the development of

these standards revealed that the industry utilized tighter

microbiological specifications for proteolytic and yeast and mold

counts than those listed in the ``General Specifications''. To be more

aligned with current industry standards, this final rule tightens these

microbiological requirements. This final rule also incorporates these

same tests as optional tests (not mandatory for grade designation) in

the United States Standards for Grades of Whipped Butter.

This final rule also makes corollary changes in the General

Specifications for Dairy Plants Approved for USDA Inspection and

Grading Service (subpart B of 7 CFR part 58) to conform the definition

and grade designations of whipped butter set forth therein with the new

United States Standards for Grades of Whipped Butter (in subpart G of 7

CFR part 58).

USDA grade standards are voluntary standards that are developed

pursuant to the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et

seq.) to facilitate the marketing process. Manufacturers of dairy

products are free to choose whether or not to use these grade

standards. USDA grade standards for dairy products have been developed

to identify the degree of quality in the various products. Quality in

general refers to usefulness, desirability, and value of the product--

its marketability as a commodity. When whipped butter is officially

graded, the USDA regulations and standards governing the grading of

manufactured or processed dairy products are used. These regulations

also require a charge for the grading service provided by USDA. This

action makes minor format changes for purposes of clarity to Tables I

and III to the format that appeared in the proposed rule.

Public Comments

On June 30, 1993, the Department published a proposed rule (58 FR

34937) to promulgate the United States Standards for Whipped Butter.

The public comment period closed August 30, 1993. No comments were

received during this time.

List of Subjects in 7 CFR Part 58

Dairy products, Food grades and standards, Food labeling, Reporting

and recordkeeping requirements.

For the reasons set forth in the preamble, 7 CFR part 58 is amended

as follows:

PART 58--[AMENDED]

1. The authority citation for 7 CFR part 58 continues to read as

follows:

Authority: Agricultural Marketing Act of 1946, Secs. 202-208, 60

Stat. 1087, as amended; 7 U.S.C. 1621-1627, unless otherwise noted.

2. In subpart B, Sec. 58.305 (f) is revised to read as follows:

Sec. 58.305 Meaning of words.

* * * * *

(f) Whipped butter. The food product is made by the uniform

incorporation of air or inert gas into butter.

Sec. 58.323 [Removed and Reserved].

3. In subpart B, Sec. 58.323 is removed and reserved.

4. In subpart B, Sec. 58.346 is revised to read as follows:

Sec. 58.346 Whipped butter.

(a) The quality requirements for whipped butter shall be in

accordance with the U.S. Standards for Grades of Whipped Butter for

U.S. Grade AA and U.S. Grade A, respectively.

(b) Whipped butter shall also be subject to the following

specifications when sampled and tested in accordance with Sec. 58.336

and Sec. 58.337, respectively:

(1) Proteolytic count, not more than 50 per gram; yeast and mold

count, not more than 10 per gram; coliform count, not more than 10 per

gram; and keeping-quality test, satisfactory after 7 days at 70 deg.F.

(2) Optional except when required or requested: Copper content, not

more than 0.3 ppm; iron content, not more than 1.0 ppm; enterococci,

not more than 10 per gram.

5. A new Subpart G--United States Standards for Grades of Whipped

Butter is added to read as follows:

Subpart G--United States Standards for Grades of Whipped Butter

Definitions

Sec.

58.2425 Whipped butter.

58.2426 Butter.

58.2427 Cream.

U.S. Grades

58.2428 Nomenclature of U.S. grades.

58.2429 Basis for determination of U.S. grade.

58.2430 Specifications for U.S. grades.

58.2431 Relationship of U.S. grade of whipped butter to the flavor

classifications as affected by disratings in body, color, and salt

characteristics.

58.2432 Optional tests.

58.2433 U.S. grade not assignable.

58.2434 Test methods.

Explanation of Terms

58.2435 Explanation of terms.

Subpart G--United States Standards for Grades of Whipped Butter\1\

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\1\Compliance with these standards does not excuse failure to

comply with provisions of the Federal Food, Drug and Cosmetic Act.

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Definitions

Sec. 58.2425 Whipped butter.

Whipped butter is the food product made by the uniform

incorporation of air or inert gas into butter.

Sec. 58.2426 Butter.

The food product usually known as butter, and which is made

exclusively from milk or cream, or both, with or without common salt,

with or without additional coloring matter, and containing not less

than 80 percent by weight of milkfat, all tolerances having been

allowed for.

Sec. 58.2427 Cream.

The term cream when used in this subpart G means cream separated

from milk produced by healthy cows. The cream shall be pasteurized at a

temperature of not less than 165 deg.F and held continuously in a vat

at such temperature for not less than 30 minutes; or pasteurized at a

temperature of not less than 185 deg.F for not less than 15 seconds; or

pasteurized by other approved methods giving equivalent results.

U.S. Grades

Sec. 58.2428 Nomenclature of U.S. grades.

The nomenclature of U.S. grades is as follows:

(a) U.S. Grade AA.

(b) U.S. Grade A.

Sec. 58.2429 Basis for determination of U.S. grade.

The U.S. grade of whipped butter is determined on the basis of

classifying first the flavor characteristics and then the

characteristics in body, color, and salt of a representative sample.

Flavor is the basic quality factor in grading whipped butter and is

determined organoleptically by smell and taste. The flavor

characteristic and intensity is identified and rated according to the

applicable classification contained in Table I in Sec. 58.2430. When

more than one flavor characteristic is discernible in a sample of

whipped butter, the flavor classification of the sample shall be

established on the basis of the flavor that carries the lowest rating.

Body, color, and salt characteristics are then noted and disratings are

made in accordance with the established classification in Table II in

Sec. 58.2430. The final U.S. grade for the sample is then established

in accordance with the flavor classification, subject to permitted

disratings for body, color, and salt as outlined in Sec. 58.2431.

Sec. 58.2430 Specifications for U.S. grades.

The specifications for the U.S. grades of whipped butter are as

follows:

(a) U.S. Grade AA. U.S. Grade AA whipped butter conforms to the

following: Shall possess a fine and highly pleasing butter flavor.

Whipped butter may also have a lactic culture flavor. May possess a

slight feed, or a definite cooked flavor. The permitted disratings in

body, color, and salt characteristics are limited to one-half (\1/2\).

For detailed specifications and classification of flavor

characteristics, see Table I of this section. For body, color, and salt

disratings, see Table II of this section.

(b) U.S. Grade A. U.S. Grade A whipped butter conforms to the

following: Shall possess a pleasing and desirable butter flavor.

Whipped butter may also have a lactic culture flavor. May possess to a

slight degree the following flavors: acid, aged, bitter, coarse, flat,

smothered, and storage. May possess a definite feed flavor. The

permitted disratings in body, color, and salt characteristics are

limited to one-half (\1/2\). For detailed specifications and

classification of flavor characteristics, see Table I of this section.

For body, color, and salt disratings, see Table II of this section.

(c) General. Whipped butter of all U.S. grades shall be free from

foreign materials and visible mold. When total disratings exceed the

permitted amount, the final U.S. grade shall be lowered one grade level

for each additional one-half (\1/2\) disrating.

Table I.--Classification of Flavor With Corresponding U.S. Grade

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U.S. grade

designation

Flavor characteristics\1\ ---------------

AA A

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Acid.................................................... -- S

Aged.................................................... -- S

Bitter.................................................. -- S

Coarse.................................................. -- S

Cooked.................................................. D ......

Feed.................................................... S D

Flat.................................................... -- S

Smothered............................................... -- S

Storage................................................. -- S

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\1\When more than one flavor is discernible in a sample of whipped

butter, the flavor classification of the sample shall be established

on the basis of the flavor that carries the lowest rating.

(--) = Not Permitted

S = Slight

D = Definite

Table II.--Characteristics and Disratings in Body, Color and Salt

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Disratings

Characteristics -----------------------

Slight Definite

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Body:

Free moisture................................. \1/2\ 1

Mealy or grainy............................... \1/2\ 1

Color:

Color specks.................................. 1 1\1/2\

Mottled....................................... \1/2\ 1

Wavy.......................................... \1/2\ 1

Salt:

Gritty........................................ 1 1\1/2\

Sharp......................................... 1 1\1/2\

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Sec. 58.2431 Relationship of U.S. grade of whipped butter to the

flavor classifications as affected by disratings in body, color, and

salt characteristics.

When the disratings for body, color, and salt exceed the permitted

amount of (\1/2\) for any flavor classification, the final U.S. grade

shall be lowered accordingly:

Table III

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Flavor classification Total disratings U.S. grade

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AA......................... \1/2\ AA

AA......................... 1 A

AA......................... 1\1/2\ (*)

A.......................... \1/2\ A

A.......................... 1 (*)

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(*)=No U.S. grade assigned.

Sec. 58.2432 Optional tests.

(a) There are optional tests (not mandatory for grade designation)

that may be made on whipped butter that can be requested by the buyer

or seller. If requested, the product must comply with the

microbiological and keeping-quality specifications as follows:

Proteolytic count--not more than 50 per gram

Yeast and mold count--not more than 10 per gram

Coliform count--not more than 10 per gram

Keeping-quality test--satisfactory after 7 days at 70 deg.F.

(b) All required tests, and optional tests when specified, shall be

performed in accordance with the test methods identified in

Sec. 58.2434.

Sec. 58.2433 U.S. grade not assignable.

Whipped butter shall not be assigned a U.S. grade for one or more

of the following reasons:

(a) The butter fails to meet or exceed the requirements for U.S.

Grade A.

(b) The butter, when tested, does not comply with the provisions of

the Federal Food, Drug, and Cosmetic Act, or the minimum milkfat

requirements of 80.0 percent.

(c) The butter is produced in a plant that is rated ineligible for

USDA grading service or is not USDA-approved.

Sec. 58.2434 Test methods.

Testing methods contained in the latest edition of the ``Standard

Methods for the Examination of Dairy Products'' or the ``Official

Methods of Analysis of the Association of Official Analytical

Chemists'' are used to determine bacterial estimates and milkfat

content.

Explanation of Terms

Sec. 58.2435 Explanation of terms.

(a) With respect to flavor intensity and characteristics:

(1) Slight. Detected only upon critical examination.

(2) Definite. Not intense but detectable.

(3) Acid. Lacks a delicate flavor or aroma and is associated with

an acid condition but there is no indication of sourness.

(4) Aged. Characterized by lack of freshness.

(5) Bitter. Astringent, similar to taste of quinine and produces a

puckery sensation.

(6) Coarse. Lacks a fine, delicate, smooth flavor.

(7) Cooked. Smooth, nutty-like characteristic resembling a custard

flavor.

(8) Feed. Aromatic flavor characteristic of the feed eaten by cows.

(9) Flat. Lacks natural butter flavor.

(10) Smothered. Suggestive of improperly cooked cream.

(11) Storage. Characterized by a lack of freshness and more

intensified than ``aged'' flavor.

(b) With respect to body:

(1) Free moisture. ``Free moisture'' is present when beads of

moisture are visible on the surface of the sample. The intensity is

described as ``slight'' when the droplets or beads of moisture are

barely visible, few in number, and about the size of a pinhead; and

``definite'' when the moisture droplets are clearly visible, more

numerous, and are somewhat larger in size.

(2) Mealy or grainy. A ``mealy'' or ``grainy'' condition imparts a

granular consistency when the whipped butter is melted on the tongue.

The intensity is described as ``slight'' when the mealiness or

graininess is barely detectable; and ``definite'' when the mealiness or

graininess is clearly detectable.

(c) With respect to color:

(1) Mottled. ``Mottled'' appears as a dappled condition with spots

of lighter and deeper shades of yellow. The intensity is described as

``slight'' when the small spots of different shades of yellow,

irregular in shape, are barely discernible on the sample of whipped

butter; and ``definite'' when the mottles are more clearly discernible.

(2) Color specks. ``Specks'' usually appear in whipped butter as

small white or yellow spots. The intensity is described as ``slight''

when the spots are few in number; and ``definite'' when they are

noticeable in larger numbers.

(3) Wavy. ``Wavy'' color in whipped butter is an unevenness in the

color that appears as waves of different shades of yellow. The

intensity is described as ``slight'' when the waves are barely

discernible; and ``definite'' when they are readily noticeable.

(d) With respect to salt:

(1) Gritty. A ``gritty'' salt condition imparts a sand-like feeling

on the tongue due to grains of undissolved salt. The intensity is

described as ``slight'' when only a few grains of undissolved salt are

detected; and ``definite'' when the condition is more readily

noticeable.

(2) Sharp. ``Sharp'' salt is characterized by taste sensations

suggestive of salt. The intensity is described as ``slight'' when the

salt taste predominates in flavor; and ``definite'' when the taste

distinctly predominates in flavor.

Dated: January 3, 1994.

Lon Hatamiya,

Administrator.

[FR Doc. 94-425 Filed 1-7-94; 8:45 am]

BILLING CODE 3410-02-P