Apricots: Grade Standards

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 51

[Docket No. FV-92-303]

Apricots: Grade Standards

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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SUMMARY: This proposed rule would revise the United States Standards

for Grades of Apricots. The proposal would specify definitions that do

not appear in the standard but are described in the inspection

handbooks and bring up to date any obsolete terms and definitions. In

addition, the proposed rule will provide metric equivalents for

dimensions given in terms of U.S. Customary units and contains

conforming and editorial changes.

DATES: Comments must be postmarked or courier dated on or before March

14, 1994.

ADDRESSES: Interested parties are invited to submit written comments

concerning this proposal. Comments must be sent to the Standardization

Section, Fresh Products Branch, Fruit and Vegetable Division,

Agricultural Marketing Service, U.S. Department of Agriculture, P.O.

Box 96456, room 2056 South Building, Washington, DC. 20090-6456.

Comments should make reference to the date and page number of this

issue of the Federal Register and will be made available for public

inspection in the above office during regular business hours.

FOR FURTHER INFORMATION CONTACT: Thomas G. Gambill, at the above

address or call (202) 720-2185.

SUPPLEMENTARY INFORMATION: The Department is issuing this rule in

conformance with Executive Order 12866.

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 proposed 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 proposed rule has been reviewed under Executive Order 12778,

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

effect. This proposed 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). 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 believes may be helpful. Many suggestions and comments were

received pertaining to a recent informal market survey by AMS. The

California Apricot Advisory Board advised AMS that the changes proposed

pertaining to skinbreaks and stem pulls are not warranted and would

allow the export of otherwise unsaleable product.

Therefore, it would appear that there is not a widespread consensus

among interested parties that skin breaks, stem punctures or similar

defects should be allowed in these grades. However, in order for the

Department to receive comments in a more widespread and formal manner

this requested change as well as the following changes by the

Department which would bring the standard up to date with current

industry practices, are being proposed.

Sections 51.2925 and 51.2926 are proposed to be revised to remove

cuts and skin breaks as free from defects (and change them to free from

damage and serious damage defects, respectively). According to the

Washington Apricot Marketing Committee, the ``Washington Apricot

industry has had difficulty in meeting the U.S. Grade Standards for

Apricots with regard to `skin breaks.' This has caused a great deal of

hardship as the industry attempts to make sales into Canada. Over the

past year members of the Washington Apricot Marketing Committee have

been expressing a desire to gain some sort of relief from the strict

interpretation of the `free from' portion of the grade standards. The

real problem, as our industry sees it, is that there is no definition

of what constitutes `damage' and `serious damage' relative to `skin

breaks' and/or `punctures.' Consequently, all of these types of defects

are scored no matter how small or insignificant they might be.''

It is proposed that Secs. 51.2925 and 51.2926 be revised to include

bruises as a specified defect. Bruising is a prevalent defect on

apricots that should have specific areas designated which constitute

damage and serious damage. Presently, this defect is scored based on

the general definitions for damage and serious damage. It is proposed

that any bruise causing discoloration exceeding the area of a circle

three-eighths inch (9.5 mm) in diameter or one-eighth inch (3.1 mm) in

depth (damage) or five-eighths inch (15.9 mm) in diameter or three-

sixteenths inch (4.8 mm) in depth (serious damage), or an aggregate of

lesser bruises detracting from the appearance, edible or shipping

quality of the apricot as much as the depth or area requirements

previously mentioned be scored against the grade.

Section 51.2926a Unclassified is being removed. Unclassified is not

a grade in itself but was simply a designation for apricots that do not

meet any grade requirement. However, it is often mistaken as an actual

grade. Since the designation is rarely used and may create some

confusion in the market place it should be discontinued.

It is proposed that paragraph (c) Description of Pack of

Sec. 51.2927 be removed. This paragraph provides for pack designations

in 4-basket crates. Apricots are seldom, if ever, packed in these types

of containers for today's markets. Therefore, this paragraph is no

longer needed.

Paragraph (d) Tolerance would also be removed. This paragraph

allows a tolerance for offsize specimens. The proposed rule would make

referencing of these tolerances easier and bring the format into

conformity with more recent standards by establishing a separate

``Tolerances'' section. This new section, 51.2928 would respecify not

only the size tolerances which are being removed from paragraph (d),

but would also apply tolerances to packages marked according to count,

and defect tolerances as well.

Section 51.2928 Mature is revised so that the definition of mature

does not contain the word as part of the definition.

As previously mentioned a new section which would now be designated

Sec. 51.2928 Tolerances, would list all applicable tolerances for the

grades. Other than the provision for packages marked according to

count, there are no new tolerances proposed in this section. Rather

than scatter the tolerances under different sections throughout the

standard, they have been grouped together under one section.

A new section, 51.2929 Application of Tolerances, is being

proposed. This section will designate a limit on excessively high

defect percentages for an individual sample which, if exceeded, would

cause the lot to fail to grade even though the average of these defects

may be within the lot tolerances provided. It is proposed that for lot

tolerances of ten percent or more, individual samples may not contain

more than one and one-half times the tolerance specified, and for

tolerances of less than 10 percent, individual samples may contain not

more than double the tolerance specified.

The general definition for damage would be revised to reflect that

which is currently used in most other standards. It also specifies that

the dimensions provided for defect limits are based on an apricot one

and seven-eighths inches (4.8 cm) in diameter, and correspondingly

lesser or greater dimensions are allowed for smaller or larger sized

apricots.

Under the new section (51.2932) proposed for damage, each defect is

listed as a separate paragraph. New definitions under this section

include dirt, scab, scale hail, skin breaks, stem pulls, and bruises.

All specifications except for bruises, skin breaks, and stem pulls are

taken from the inspection handbook on scoring these defects under the

general definitions of damage and serious damage. The scoring for skin

breaks and stem pulls was recommended by WAMC.

It is proposed that 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 (damage) or

one-half inch (12.7 mm) in diameter (serious damage); scab spot when

cracked or aggregating more than three-eighths inch (9.5 mm) in

diameter in the aggregate (damage) or when the skin has been broken or

when more than three-sixteenths of an inch (4.8 mm) deep or more than

one-half inch (12.7 mm) in diameter in the aggregate (serious damage);

and bruises when any bruise causes discoloration exceeding the area of

a circle three-eighths inch (9.5 mm) in diameter or one-eighth inch

(3.1 mm) in depth (damage) or when any bruise causes discoloration

exceeding the area of a circle five-eighths inch (15.9 mm) in diameter

or three-sixteenths (4.8 mm) in depth; skin breaks in the form of cuts

and punctures which exceed individually or in the aggregate, an area

equivalent to a circle three-sixteenths inch (4.8 mm) in diameter

(damage) or three-eighths inch (9.6 mm) in diameter (serious damage);

stem pulls which exceed an area equivalent to a circle three-eighths

inch (9.6 mm) in diameter (damage) or one-half inch (12.7 mm) in

diameter (serious damage); be specified as definitions under the

appropriate sections.

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, it is proposed that 7 CFR

part 51 be amended as follows:

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, worm holes and from damage caused by limbrubs,

russeting, growth cracks, dirt, scab, scale, hail, bruises, disease,

insects, skin breaks, stem pulls, 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, worm holes and free from serious damage caused by limbrubs,

growth cracks, dirt, scale, hail, bruises, disease, insects, skin

breaks, stem pulls 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 one-

tenth of this amount, or 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.

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

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

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 well healed and over three-eighths of

an inch 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.

(i) Skin Breaks including cuts or punctures which exceed

individually or in the aggregate an area equivalent to a circle three-

sixteenths inch (4.8 mm) in diameter.

(j) Stem Pulls which exceed an area equivalent to a circle three-

eighths inch (9.6 mm) in diameter.

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.

(i) Skin Breaks including cuts or punctures which exceed

individually or in the aggregate an area equivalent to a circle three-

eighths inch (9.6 mm) in diameter.

(j) Stem Pulls which exceed an area equivalent to a circle one-half

inch (12.7 mm) in diameter.

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: January 3, 1994.

Lon Hatamiya,

Administrator.

[FR Doc. 94-426 Filed 1-10-94; 8:45 am]

BILLING CODE 3410-02-P