United States Standards for Beans

DEPARTMENT OF AGRICULTURE

7 CFR Part 868

United States Standards for Beans

AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA.

ACTION: Final rule.

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

SUMMARY: The Federal Grain Inspection Service (FGIS) of the Grain

Inspection, Packers and Stockyards Administration (GIPSA) is revising

the United States Standards for Beans. Specifically, FGIS is

eliminating the factor ``clean-cut weevil-bored beans'' from the grade

requirements for the class Blackeye beans and changing the grade limits

for the factors ``total defects,'' ``blistered, wrinkled and/or broken

beans,'' and ``splits'' for the class Baby Lima beans. FGIS is changing

the standards to facilitate the marketing of beans.

EFFECTIVE DATE: August 1, 1995.

FOR FURTHER INFORMATION CONTACT: George Wollam, GIPSA-FGIS, USDA, Room

0623 South Building, P.O. Box 96454, Washington, DC, 20090-6454;

telephone (202) 720-0292; FAX (202) 720-4628.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

The Department is issuing this rule in conformance with Executive

Order 12866.

Executive Order 12778

This final rule has been reviewed under Executive Order 12778,

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

effect. This 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.

Regulatory Flexibility Act Certification

James R. Baker, Administrator, GIPSA, has determined that this

final rule will not have a significant economic impact on a substantial

number of small entities because those persons who apply the standards

and most users of the inspection service do not meet the requirements

of small entities as defined in the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). Further, the standards are applied equally to all

entities.

Information Collection and Recordkeeping Requirements

In compliance with the Paperwork Reduction Act of 1980 (44 U.S.C.

chapter 35), the information collection and recordkeeping requirements

in Part 868 have been approved previously by OMB and assigned OMB No.

0580-0013.

Review of Standards

On February 24, 1995, FGIS proposed in the Federal Register (60 FR

10336) to revise the United States Standards for Beans. Specifically,

FGIS proposed eliminating the factor ``clean-cut weevil-bored beans''

from the grade requirement for the class Blackeye beans and that

``clean-cut weevil-bored beans'' be considered as ``worm-cut'' or

``insect damaged'' beans. FGIS also proposed changing the grade limits

for the factors ``total defects,'' ``blistered, wrinkled and/or broken

beans,'' and ``splits'' for the class Baby Lima beans to coincide with

the grade limits for similar factors in other classes of beans.

Interested parties were invited to participate in the rulemaking

process by submitting written comments and/or recommendations regarding

the official standards. During the 90-day comment period, one written

comment was received from a California bean industry group. This group

pointed out that there was a typographical error in the Baby Lima bean

grade chart. The factor ``splits'' was erroneously included as part of

the factor ``total defects;'' ``splits'' is a separate grading factor

in this class of beans. Accordingly, the proposed changes to the

standards for Blackeye and Baby Lima beans are adopted as a final rule

without change, and the grade chart for Baby Lima beans will be

corrected to remove the factor ``splits'' (SP) from being included in

the factor ``total defects.''

Final Action

Based on current market needs and other available information, FGIS

is revising:

1. Section 68.134 by eliminating the grading factor ``clean-cut

weevil-bored'' and by eliminating footnote 2 which states that ``Beans

with more than 0.5 percent clean-cut weevil-bored beans are graded U.S.

Sample grade.'' Footnotes that are presently numbered 3 and 4 are

proposed to be renumbered 2 and 3, respectively.

2. Section 68.140 by changing the grading limits for the factors

``total defects,'' ``blistered, wrinkled, and/or broken beans,'' and

``splits'' to 2.0, 4.0, and 6.0 percent for U.S. Nos. 1, 2, and 3,

respectively.

List of Subjects in 7 CFR Part 868

Administrative practice and procedures, Agricultural commodities,

Beans.

For reasons set forth in the preamble, 7 CFR Part 868 is amended as

follows:

PART 868--GENERAL REGULATIONS AND STANDARDS FOR CERTAIN

AGRICULTURAL COMMODITIES

1. The authority citation for Part 868 continues to read as

follows:

Authority: Secs. 202-208, 60 Stat. 1087, as amended (7 U.S.C.

1621 et seq.).

2. Section 868.134 is revised to read as follows:

Sec. 868.134 Grades and grade requirements for the class Blackeye

beans.

[[Page 36031]]

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

Percent maximum limits of--

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

Total Foreign Material

Grade General appearance defects Total -----------------

Moisture (DKT, FM, damaged

\1\ CCL, & SP) Total Stones

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

U.S. No. 1...... The Special Grade Off-Color May Be 18.0 4.0 2.0 0.5 0.2

U.S. No. 2...... Applied After The Removal of Total 18.0 6.0 4.0 1.0 0.4

U.S. No. 3...... Defects. 18.0 8.0 6.0 1.5 0.6

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

Percent maximum limits

of--

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

Grade Classes

Contrasting that Blend

classes \2\ \3\

U.S. No. 1.................................... 0.5 5.0

U.S. No. 2.................................... 1.0 10.0

U.S. No. 3.................................... 2.0 15.0

U.S. Substandard................. U.S. Substandard shall be beans which do not meet the requirements for the

grades U.S. No. 1 through U.S. No. 3 or U.S. Sample grade. Beans which are

not well screened shall also be U.S. Substandard, except for beans which

meet the requirements for U.S. Sample grade.

U.S. Sample grade................ U.S. Sample grade shall be beans which are musty, sour, heating, materially

weathered, or weevily; which have any commercially objectionable odor; which

contain insect webbing or filth, animal filth, any unknown foreign

substance, broken glass, or metal fragments; or which are otherwise of

distinctly low quality.

\1\ Beans with more than 18.0 percent moisture are graded High moisture.

\2\ Beans with more than 2.0 percent contrasting classes are graded Mixed beans.

\3\ Beans with more than 15.0 percent classes that blend are graded Mixed beans.

3. Section 868.140 is revised to read as follows:

Sec. 868.140 Grades and grade requirements for the classes Baby Lima

and Miscellaneous Lima beans.

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

Percent maximum limits of--

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

Total Foreign material

Grade General appearance defects Badly -----------------

Moisture (DKT, FM, & damaged

\1\ CCL) Total Stones

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

U.S. No. 1...... The Special Grade Off-Color May Be 18.0 2.0 1.0 0.5 0.2

U.S. No. 2...... Applied After The Removal of Total 18.0 4.0 1.5 1.0 0.3

U.S. No. 3...... Defects. 18.0 6.0 2.0 1.5 0.6

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

Percent maximum limits of--

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

Blistered,

Grade Contrasting wrinkled, Classes

classes \2\ and/or Splits that blend

broken \3\

U.S. No. 1.......... 0.5 2.0 2.0 5.0

U.S. No. 2.......... 1.0 4.0 4.0 10.0

U.S. No. 3.......... 2.0 6.0 6.0 15.0

U.S. Substandard................. U.S. Substandard shall be beans which do not meet the requirements for the

grades U.S. No. 1 through U.S. No. 3 or U.S. Sample grade. Beans which are

not well screened shall also be U.S. Substandard, except for beans which

meet the requirements for U.S. Sample grade.

U.S. Sample grade................ U.S. Sample grade shall be beans which are musty, sour, heating, materially

weathered, or weevily; which have any commercially objectionable odor; which

contain insect webbing or filth, animal filth, any unknown foreign

substance, broken glass, or metal fragments; or which are otherwise of

distinctly low quality.

\1\ Beans with more than 18.0 percent moisture are graded High moisture.

\2\ Beans with more than 2.0 percent contrasting classes are graded Mixed beans.

\3\ Beans with more than 15.0 percent classes that blend are graded Mixed beans.

Dated: July 5, 1995.

James R. Baker,

Administrator, Grain Inspection, Packers and Stockyards Administration.

[FR Doc. 95-16856 Filed 7-12-95; 8:45 am]

BILLING CODE 3410-EN-P