United States Standards for Grades of Canned Peas

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: Proposed rule.

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

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) proposes to revise the

United States Standards for Grades of Canned Peas. The proposed rule

would change 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.

DATES: Comments must be received on or before May 20, 1994.

ADDRESSES: Interested persons are invited to submit written comments

concerning this proposal. Comments must be sent in duplicate to the

Office of the Branch Chief, 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

20090-4693. Comments should reference the date and page number of this

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

inspection in the Office of the Branch Chief during regular business

hours.

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: The Department is issuing this rule in

conformance with Executive Order 12866.

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.

The AMS Administrator has certified that this action will not have

a significant economic impact on a substantial number of small

entities, as defined in the Regulatory Flexibility Act, Public Law 96-

354 (5 U.S.C. 601 et seq.), because it reflects current marketing

practices. In addition, these standards are voluntary. A small entity

may avoid incurring any additional economic impact by not employing the

standards.

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 proposal is based on

the review of discussion drafts provided to the industry in June 1991

and again in July 1992. The drafts incorporated a grading system where

individual tolerances would be assigned to each individual defect.

In this proposal, this system of grading, is referred to as

``individual attributes.'' NFPA submitted its recommendation for

changes in the most recent draft on March 5, 1993. It would provide

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).

In a meeting held with NFPA on May 27, 1992, USDA staff discussed

changing the 1991 draft so that the published tolerances in the U.S.

grade standards for canned peas would reflect the tolerances for an

average lot size requiring 13 sample units instead of a single sample

unit. This change would more accurately reflect the tolerances sought

for specified defects for a given lot size since most lots require 13

sample units to determine the grade for the lot.

The standards would incorporate USDA's policy of replacing dual

grade nomenclature with single letter grade designations. Under the

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

Extra Standard''), and ``U.S. Grade C'' (``U.S. Standard'') would

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

This proposed revision would also change 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). A pour-back method

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 proposed revision of the voluntary

grade standards would bring the quality factor of EVM in canned peas in

line with the criteria used by FDA, as recommended by NFPA (21 CFR part

155).

Wherever justifiable, USDA proposes to bring the tolerances for

defects in canned peas in line with 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 proposes

to establish 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 would

establish 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 would be the

same as in frozen peas. Also, this proposed rule would remove

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 proposal includes minor editorial changes and provides a

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

standards. The proposed 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.

USDA has determined that this proposed rule would 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 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 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 all 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 from areas of insignificant blemish.

(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 peas that are cream-colored or yellow in color.

(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 grams (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 and IV 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.

(a) 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). The standard is as follows: If

the container is so filled that, when the peas and liquid are removed

from the container and returned thereto (pour-back method), the leveled

peas (irrespective of the quantity of the liquid), 15 seconds after

they are so returned completely fill the container.

(b) A container with lid attached by double seam shall be

considered to be completely filled when it is filled to the level 5 mm

(\3/16\ in) vertical distance below the top of the double seam; and a

glass container shall be considered to be completely filled when it is

filled to the level 13 mm (\1/2\ in) vertical distance below the top of

the container. 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

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

Diameter of circular openings

in inches (millimeters)

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

Will not pass Will pass

through through

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

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)

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

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 weight, 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 IV, V,

and VII 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 (1) percent, by weight, 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 IV, V,

and VII 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 weight, 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 IV, V,

and VII 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

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

Factors Grade A Grade B Grade C

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

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

characteristics.

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

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

by weight. by weight. by weight.

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

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

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

Table III.-- AQL's and Tolerances for Maturity Based on Brine

Floatation\1\

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

Percent

Grade Type AQL Tolerance salt in

solution

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

A Sweet.................. 10.1 12.0 11.0

1.3 2.0 13.0

Early.................. 17.6 20.0 11.0

1.3 2.0 13.5

B Sweet.................. 13.0 15.0 13.0

2.9.................... 2.9 4.0 15.0

Early.................. 27.2 30.0 13.5

6.4 8.0 15.0

C Sweet.................. 8.2 10.0 15.0

Early.................. 8.2 10.0 16.0

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

\1\Based on 650 peas (50 x 13).

Table IV.--Lot Acceptance Numbers (Sinkers) for Brine Floatation

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

Total number of peas

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

Percent 150 300 650 1050 1450

Grade Type salt

soultion

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

A Sweet................... 11.0 21 39 78 122 165

13.0 4 7 13 20 26

Early................... 11.0 34 63 130 205 279

13.5 4 7 13 20 26

B Sweet................... 13.0 26 48 98 154 209

15.0 8 13 26 39 53

Early................... 13.5 50 94 195 309 422

15.0 15 26 52 80 108

C Sweet................... 15.0 18 33 65 101 137

Early................... 16.0 18 33 65 101 137

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

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

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

Description of Material Unit Designation Grade A Grade B Grade C

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

Flat; or............................ Each 1.5 cm2 (0.25 in2); or........ 1 2

Cylindrical; or spherical........... Each 13 mm (each 0.50 in); or each

piece.

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

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

1 For each 1700 g (60 ozs) of drained product.

Table VI.--AQL's and Tolerances for Other Defects\1\

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

Grade A Grade B Grade C

Defects -----------------------------------------------------------------------------------

AQL Tolerance AQL Tolerance AQL Tolerance

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

Blemished peas.............. 0.80 1.0 2.6 3.0 4.5 5.0

Seriously blemished......... 0.37 0.50 0.58 0.75 0.80 1.0

Pieces of peas (broken)

larger than No. 2 sieve

size....................... 4.5 5.0 9.3 10.0 11.8 12.5

Pieces of peas (broken) No.

1 & 2...................... 6.4 7.0 9.3 10.0 11.3 12.0

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

\1\Based on 5200 peas (400x13).

Table VII.--Lot Acceptance Numbers for Other Defects, All Sizes

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

Units of product (peas) 1200 2400 5200 8400 11600

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

Grade A:

Blemished peas............................. 15 26 52 80 108

Seriously blemished........................ 8 14 26 40 53

Pieces of peas (broken) larger than No. 2

sieve size................................ 66 125 259 410 560

Pieces of peas (broken) No. 1 & 2 sieve

sizes..................................... 91 174 363 576 787

Grade B:

Blemished peas............................. 40 75 154 242 330

Seriously blemished........................ 11 20 39 60 81

Pieces of peas (broken), any sieve size.... 129 248 520 827 1133

Grade C:

Blemished peas............................. 66 125 259 410 560

Seriously blemished........................ 15 26 52 80 108

Pieces of peas (broken) larger than No. 2

sieve size................................ 160 309 652 1040 1426

Pieces of peas (broken) No. 1 & 2 sieve

sizes..................................... 153 296 625 997 1367

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

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 IV, VI, and VII of 352.2288, 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 in Tables III, V, and VI of

Sec. 52.2288, as applicable for the sieve size, are not exceeded.

Dated: March 15, 1994.

Lon Hatamiya,

Administrator, Agricultural Marketing Service.

[FR Doc. 94-6546 Filed 3-18-94; 8:45 am]

BILLING CODE 3410-02-P