United States Standards for Grades of Frozen Cauliflower

SUMMARY: This proposed rule would revise the current voluntary U.S.

Standards for Grades of Frozen Cauliflower. Its effect would be to

improve the standards by: Bringing the standards in line with current

marketing practices and innovations in processing techniques; 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) being published in the

standards; replacing dual grade nomenclature with single letter grade

designations, such as ``U.S. Grade A'' or ``U.S. Fancy,'' with ``U.S.

Grade A;'' and providing a uniform format consistent with other

recently revised U.S. grade standards by adopting definitions for terms

and replacing textual descriptions with easy-to-read tables. This rule

also includes conforming and editorial changes.

DATES: Comments must be received on or before January 23, 1996.

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, PO Box 96456, Room 0709, 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 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, PO Box 96456, Room 0709, South

Building, Washington, DC 20090-6456, Telephone: (202) 720-4693.

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, Pub.L. 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 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 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 Western Technical Advisory Committee of the American Frozen

Food Institute (AFFI) and the USDA Grade Standards Review Subcommittee

of the National Food Processors Association (NFPA), requested that the

USDA prepare a draft revision of the U.S. grade standards for frozen

cauliflower in 1992. It was requested that the draft would allow for

the use of mechanical trimming devices in cauliflower processing by de-

emphasizing the importance of uniform shape and symmetry of cauliflower

clusters in the standards because mechanical trimmers now perform

processing operations previously done by hand. The mechanical trimming

devices produce clusters which are less uniform in size, shape, and

symmetry and remove, partially or completely, the bud portion of the

unit. The absence of a uniform shape does not significantly affect the

eating quality or nutritional value of frozen cauliflower.

It was also requested that the revised standards assign individual

tolerances to each individual quality factor. The system of grading,

referred to as ``individual attributes,'' would provide statistically

derived acceptable quality levels (AQL's) based on the tolerances in

the current grade standards.

The discussion draft incorporated the changes recommended by AFFI

and NFPA. The proposal reflected USDA's policy of replacing dual grade

nomenclature with single letter grade designations.

In the revision, ``U.S. Grade A'' (or ``U.S. Fancy'') and ``U.S.

Grade B'' (or ``U.S. Extra Standard'') would have simply become ``U.S.

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

The USDA prepared a discussion draft, incorporating the requested

and editorial changes, and submitted it to AFFI and NFPA for comment.

Minor changes were recommended for the draft revision.

In addition to these changes, the revision would have modified the

standards to present them in a simplified easy-to-use format.

Consistent with recent revisions of other U.S. grade standards,

definitions of terms and easy-to-read tables would have replaced the

textual descriptions. These changes were intended to facilitate better

understanding and more uniform application of the grade standards.

Proposed Rule

A proposal to revise the U.S. Standards for Grades of Frozen

Cauliflower was published in the

[[Page 57959]]

Federal Register on January 11, 1993 (58 FR 3816). A reopening and

extension of the comment period to December 31, 1993, for the proposal

was published in the Federal Register on May 25, 1993 (58 FR 29985).

There were no public comments received during the comment period.

However, USDA received comments from Patterson Frozen Foods, Inc. and

the American Frozen Food Institute (AFFI) regarding the proposal, after

the comment period closed. This action is a reproposal of the January

11, 1993, rule.

The following suggestions were offered for consideration in this

revision. The two commenters suggested that the style name ``Nuggets or

Small Clusters'' should be used instead of ``Clusters for Limited Use''

due to the terms familiarity in the industry and the marketplace. USDA

agrees with the comment to change in style names to incorporate

familiar names.

Both commenting parties requested a change in the proposed method

of determining style in frozen cauliflower and the requirements. Both

agreed that the method for determining style should be based on

``weight'' instead of ``count'' and Patterson Frozen Foods also

suggested that the six millimeter minimum requirement for ``Nuggets or

Small Clusters'' style be removed since there is no maximum size

requirement for ``Clusters'' style.

Both parties suggested that determining ``style'' by ``weight''

instead of by ``count'' would make the standards more compatible with

the industry's practice of using mechanical trimming devices which

produce clusters that are less uniform in size, shape, and symmetry.

USDA conducted a study using imported and domestic samples in 10,

16, 20, 32 and 35 ounce package sizes to determine the average counts

and weights of cauliflower clusters. Based on the information

collected, USDA agrees with the suggested change to determine style

``by weight'' instead of ``by count'' for ``Clusters Style'' and with

the recommended tolerance of 10 percent by weight.

The Department disagrees with the elimination of the minimum size

requirement in ``Nuggets or Small Clusters'' style. The prerequisite of

``appearance'' was incorporated into this proposal to maintain present

tolerances for small pieces of cauliflower (chaff) that affect the

appearance and edibility of ``Nuggets or Small Clusters'' and

``Clusters'' style cauliflower. A definition for ``chaff'' was also

incorporated into this proposal.

The study conducted by USDA showed that the average unit weight of

``Nuggets or Small Clusters'' was closer to two grams per unit than to

three grams per unit as published in the proposal. The AQL's and

acceptance numbers in Table II were adjusted to reflect this finding.

AFFI and Patterson Frozen Foods asked that the definitions for

``ricey'' and ``fuzzy'' character in the current standards be retained

in the proposal. USDA agrees that maintaining the same definitions for

``ricey'' and ``fuzzy'' would reduce confusion within the industry. It

was also requested that the term ``mushy'' character should be deleted

and that its definition be incorporated into the definition for

``soft'' character. The industry believed this change would be less

confusing and more accurate. The Department agrees and made these

changes to clarify the standards based on industry practices.

A change in the definition of ``color defect'' was recommended by

the commenters.

It was suggested that a definition differentiating ``minor'' and

``major'' color defects based on existing USDA inspection criteria

should be incorporated into the ``color defect'' definition of the

proposal. USDA agrees with this change and has incorporated it into the

proposal. The incorporated changes from the inspection criteria would

more accurately reflect the method used in the food industry to

evaluate color defects.

Minor changes were suggested for the definitions of the terms

``blemished, fragments, and mechanical damage'' to help clarify their

meaning. Both parties suggested the term ``discoloration'' should be

removed from the definition of ``blemished,'' and the phrase, ``in the

aggregate,'' should be added to the ``minor blemished and major

blemished'' definition.

AFFI and Patterson Frozen Foods also suggested that the words

``tough or fibrous'' should be added to the definition of ``fragments''

and the words ``seriously'' and ``excessive or'' should be deleted from

the definition of ``mechanical damage.''

The Department agrees with these changes and has incorporated them

into this proposal.

It was requested that the classified quality factor, ``mushy

character,'' should be deleted from the standards since its definition

has been incorporated into the definition of ``soft character.'' The

USDA has deleted the classified quality factor for ``mushy character''

and adjusted the tolerance for the quality factor, ``soft character''

to reflect the change.

Changes in the tolerances of several ``classified quality factors''

were suggested. For the quality factor of ``ricey character,''

tolerances of 15 percent for ``Grade A'' and 30 percent for ``Grade B''

were preferred by AFFI and Patterson Frozen Foods because this defect

is more common and less objectionable.

For ``soft character'', a tolerance of 5 percent rather than 10

percent was preferred because it is more preventable and more

objectionable. The Department has adjusted the tolerances for ``soft

character'' and ``ricey character'' and incorporated them into this

proposal.

It was suggested that the quality factor of ``color defect'' be

divided into ``major color defects'' and ``total color defects.'' The

comments suggested tolerances for the new factors should reflect this

change with 3 percent for ``major'' and 8 percent for ``total.'' We

agree with the changes in the quality factor for color defects and with

the 8 percent tolerance for ``total color defects.'' We do not agree,

however, with the change in the tolerance for ``major color defects.''

Such a change would represent a significant deviation from the

tolerance in the existing U.S. Standards for Grades of Frozen

Cauliflower without valid justification as to why it should be changed.

It was also suggested that the tolerance for mechanical damage, in

Nuggets style, should be increased to 10 percent for ``Grade A'' and 20

percent for ``Grade B'' to better reflect the use of mechanical

trimming devices.

The Department agrees with this change and has incorporated it in

this revision.

A copy of the initial proposed rule was provided to the

Agricultural Research Service (ARS) for help in identifying studies,

data collection or other information relevant to the possible effect of

the proposed revision on pesticide use. ARS reported that they were

unable to find much information on the subject. The information that

was found by ARS proved not to be relevant.

The changes and issues raised by the comments regarding the first

proposed rule supports publishing another Notice of Proposed Rulemaking

to modify the standards. Based on all the information received, this

proposed revision would modify the standards to present them in a

simplified easy-to-use format. Consistent with recent revisions of

other U.S. grade standards, definitions of terms and easy-to-read

tables would replace the textual descriptions. This proposed rule is

intended to facilitate better understanding and more uniform

application of the grade standards.

[[Page 57960]]

List of Subjects in 7 CFR Part 52

Food grades and standards, Food labeling, Frozen foods, Fruit

juices, Fruits, Reporting and record keeping requirements, Vegetables.

For the reasons set forth in the preamble, the U.S. Department of

Agriculture proposes to revise 7 CFR part 52 to read as follows:

PART 52--PROCESSED FRUITS AND VEGETABLES, PROCESSED PRODUCTS

THEREOF, AND CERTAIN OTHER PROCESSED FOOD PRODUCTS

1. The authority citation for part 52 continues to read as follows:

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

2. In part 52, Subpart--United States Standards for Grades of

Frozen Cauliflower is revised to read as follows:

Subpart--United States Standards for Grades of Frozen Cauliflower

Sec.

52.721 Product description.

52.722 Styles.

52.723 Requirements for style.

52.724 Definitions of terms.

52.725 Grades.

52.726 Factors of quality.

52.727 Requirements for quality factors.

52.728 Sample size.

52.729 Acceptance criteria.

Subpart--United States Standards for Grades of Frozen Cauliflower

Sec. 52.721 Product description.

Frozen cauliflower is prepared from fresh flower heads of the

cauliflower plant (Brassica oleracea botrytis) by trimming, washing,

and blanching and is frozen and maintained at temperatures necessary

for preservation of the product.

Sec. 52.722 Styles.

(a) Clusters mean individual segments of trimmed and cored

cauliflower heads, which measure not less than 20 mm (0.75 in) in the

greatest dimension across the top of the unit.

(b) Nuggets or Small Clusters mean individual segments of trimmed

and cored cauliflower heads, which measure from 6 mm (0.25 in) to less

than 20 mm (0.75 in) in the greatest dimension across the top of the

unit.

Sec. 52.723 Requirements for style.

(a) Clusters style. A maximum of 10%, by weight, of clusters less

than 20 mm (0.75 in) in the greatest dimension across the top of the

unit are allowed.

(b) Nuggets style. A maximum of 20%, by weight, of clusters, 20 mm

(0.75 in) or greater, and a maximum of 10%, by weight, of clusters less

than 6 mm (0.25 in) in the greatest dimension across the top of the

unit are allowed.

Sec. 52.724 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. Good appearance means that the overall appearance

or edibility of the cauliflower is not materially affected and; for

clusters style, a maximum of 5%, by weight, of chaff is allowed for the

sample unit. For nuggets style, a maximum of 10%, by weight, of chaff

is allowed for the sample unit.

(c) Blemished means the cluster is affected or damaged by

pathological injury, insect injury, or any other injury, which singly

or in combination, affects the appearance or eating quality of the

unit.

(1) Minor blemished means a unit with a dark blemish(s), which in

the aggregate, exceeds the area of a circle 4 mm (0.16 in) in diameter

but not 6 mm (0.25 in) or a light blemish(s), which in the aggregate,

exceeds the area of a circle 6 mm (0.25 in) in diameter.

(2) Major blemished means a unit with a dark blemish(s), which in

the aggregate, exceeds the area of a circle 6 mm (0.25 in) in diameter.

(d) Chaff mean individual segments of trimmed and cored cauliflower

material, with and without head material, which measure less than 6 mm

(0.25 in) in its greatest dimension.

(e) Character means the extent of firmness and compactness of the

cluster and its degree of freedom from fuzzy, ricey and soft units.

(1) Fuzzy character means a cluster with sections of head that have

elongated individual flowers (or pedicels) that result in a very fuzzy

appearance.

(2) Ricey character means a cluster with sections of head on which

the ultimate branches have become elongated, causing the flower

clusters to separate and present a loose or open and sometimes granular

appearance.

(3) Soft character means a cluster that is limp and flabby and the

flesh yields readily when handled.

(f) Color defect.

(1) Minor means that after cooking, the cluster possesses a color

that is more than slightly darker than light cream to dark cream.

(2) Major means that after cooking, the cluster possesses a color

that is seriously darkened or discolored.

(g) Core material means the loose or attached center portion of the

cauliflower head which is tough or fibrous.

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

specified requirement of a single quality characteristic.

(i) Fragment means a stem or other cauliflower material without

head material that is 6 mm (0.25 in) or greater in the greatest

dimension (excluding tough or fibrous core material, loose leaves, and

chaff).

(j) Loose leaves mean leaf material, exclusive of small tender

leaves, that are detached from the stem.

(k) Mechanical damage means that the appearance of the unit is

affected by trimming, or the unit is crushed or broken to the extent

that the appearance is materially affected.

(l) Normal flavor and odor means that the cauliflower, before and

after cooking, has a flavor and odor that is normal and is free from

objectionable flavors and odors.

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

for grading. For varietal characteristics, flavor and odor and

appearance, a sample unit is the entire container. For blemishes,

character, color, core material, fragments, mechanical damage and loose

leaves, a sample unit is 100 grams for Nuggets Style and 50 units for

Clusters Style. It may be:

(1) The entire contents of a container;

(2) A portion of the contents of a container; or

(3) A combination of the contents of two or more containers.

(n) Tolerance (TOL.) means the percentage of defective units

allowed for each quality factor for a specific sample size.

(o) Unit means one cluster or piece of cauliflower.

Sec. 52.725 Grades.

(a) U.S. Grade A is the quality of frozen cauliflower that meets

the following prerequisites in which the cauliflower:

(1) Has similar varietal characteristics,

(2) Has a normal flavor and odor, and

(3) Has a good appearance.

(4) Is within the limits for defects as specified in Tables I and

II, of this subpart, as applicable for the style in Sec. 52.727.

(b) U.S. Grade B is the quality of frozen cauliflower that meets

the following prerequisites in which the cauliflower:

(1) Has similar varietal characteristics,

(2) Has a normal flavor and odor, and

(3) Has a good appearance.

(4) Is within the limits for defects as specified in Tables I and

II, of this subpart as applicable for the style in Sec. 52.727.

[[Page 57961]]

(c) Substandard is the quality of frozen cauliflower that fails to

meet the requirements of U.S. Grade B.

Sec. 52.726 Factors of quality.

The grade of frozen cauliflower is based on meeting the

requirements for the following factors.

(a) Prerequisites:

(1) Varietal characteristics,

(2) Flavor and odor, and

(3) Appearance.

(b) Classified Quality Factors:

(1) Major blemished,

(2) Total blemished (Major and Minor),

(3) Fuzzy character,

(4) Ricey character,

(5) Soft character,

(6) Major color defects,

(7) Total color defects (Major and Minor),

(8) Core material,

(9) Fragments,

(10) Loose leaves, and

(11) Mechanical damage.

Sec. 52.727 Requirements for classified quality factors.

Table I.--AQL's and Tolerances (Tol.) for Defects in Clusters Style Based on 50 Units of Product for 13 Sample Units, 50 x 13=650 Units

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

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

Sample units x Sample unit size 1 x 50 3 x 50 6 x 50 13 x 50 21 x 50 29 x 50

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

Units of product 50 150 300 650 1050 1450

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

Defects AQL TOL

(5)

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

(1)Grade A

(5)Acceptance numbers

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

Major Blemished................................................. 3.8 5.0 4 9 17 33 50 67

Total Blemished (Major & Minor)................................. 8.2 10.0 7 18 33 65 101 137

Fuzzy Character................................................. 1.3 2.0 2 4 7 13 20 26

Ricey Character................................................. 8.2 10.0 7 18 33 65 101 137

Soft Character.................................................. 0.612 1.0 1 2 4 7 10 14

Major Color Defect.............................................. 0.612 1.0 1 2 4 7 10 14

Total Color Defect (Major & Minor).............................. 6.4 8.0 6 15 26 52 80 108

Core Material................................................... 2.17 3.0 3 6 11 20 31 41

Fragments....................................................... 3.8 5.0 4 9 17 33 50 67

Mechanical Damage............................................... 8.2 10.0 7 18 33 65 101 137

Loose Leaves (each piece)....................................... 2.17 3.0 3 6 11 20 31 41

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

(1)Grade B

(5)Acceptance numbers

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

Major Blemished................................................. 8.2 10.0 7 18 33 65 101 137

Total Blemished (Major & Minor)................................. 13.0 15.0 10 26 48 98 154 209

Fuzzy Character................................................. 6.4 8.0 6 15 26 52 80 108

Ricey Character................................................. 13.0 15.0 10 26 48 98 154 209

Soft Character.................................................. 2.9 4.0 3 8 13 26 39 53

Major Color Defect.............................................. 3.8 5.0 4 9 17 33 50 67

Total Color Defect (Major & Minor).............................. 13.8 16.0 11 27 51 104 163 221

Core Material................................................... 3.8 5.0 4 9 17 33 50 67

Fragments....................................................... 8.2 10.0 7 18 33 65 101 137

Mechanical Damage............................................... 17.6 20.0 13 34 63 130 205 279

Loose Leaves (each piece)....................................... 6.4 8.0 6 15 26 52 80 108

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

Table II.--AQL's and Tolerances (Tol.) for Defects in Nuggets or Small Clusters Style Based on 100 Grams of Product for 13 Sample Units, 100 x 13=1300

Units

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

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

Sample units x Sample unit size 1 x 100 3 x 100 6 x 100 13 x 100 21 x 100 29 x 100

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

Grams of product 100 300 600 1300 2100 2900

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

Defects AQL TOL

(5)

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

(1)Grade A

(5)Acceptance numbers (Grams)

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

Major Blemished................................................. 3.8 5.0 7 17 31 61 94 127

Total Blemished (Major & Minor)................................. 8.2 10.0 13 33 61 123 194 263

Fuzzy Character................................................. 1.3 2.0 3 7 12 23 36 48

Ricey Character................................................. 8.2 10.0 13 33 61 123 194 263

Soft Character.................................................. 0.612 1.0 2 4 7 12 19 24

Major Color Defect.............................................. 2.17 3.0 4 11 19 37 56 76

Total Color Defect (Major & Minor).............................. 8.2 10.0 13 33 61 123 194 263

Core Material................................................... 2.17 3.0 4 11 19 37 56 76

Fragments....................................................... 3.8 5.0 7 17 31 61 94 127

Mechanical Damage............................................... 8.2 10.0 13 33 61 123 194 263

Loose Leaves (each piece)....................................... 3.8 5.0 7 17 31 61 94 127

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

(1) Grade B

(5) Acceptance numbers (Grams)

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

Major Blemished................................................. 8.2 10.0 13 33 61 123 194 263

[[Page 57962]]

Total Blemished (Major & Minor)................................. 13.0 15.0 18 48 91 189 298 407

Fuzzy Character................................................. 6.4 8.0 10 26 48 98 153 208

Ricey Character................................................. 13.0 15.0 18 48 91 189 298 407

Soft Character.................................................. 2.9 4.0 6 13 24 48 74 99

Major Color Defect.............................................. 6.4 8.0 10 26 48 98 153 208

Total Color Defect (Major & Minor).............................. 13.8 16.0 19 51 96 200 316 430

Core Material................................................... 2.17 3.0 4 11 19 37 56 76

Fragments....................................................... 3.8 5.0 7 17 31 61 94 127

Mechanical Damage............................................... 17.6 20.0 24 63 121 251 398 544

Loose Leaves (each piece)....................................... 6.4 8.0 10 26 48 98 153 208

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

Sec. 52.728 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 Products'' (7 CFR 52.1 through 52.83).

Sec. 52.729 Acceptance criteria.

(a) Style. A lot of frozen cauliflower, is considered as meeting

the requirements for style if the requirements in Sec. 52.723, as

applicable, are not exceeded.

(b) Quality Factors. A lot of frozen cauliflower is considered as

meeting the requirements for quality if:

(1) The prerequisites specified in Sec. 52.726 are met; and

(2) The Acceptance Numbers in Table I or II in Sec. 52.727, as

applicable, are not exceeded.

(c) Single Sample Unit. Each unofficial sample unit submitted for

quality evaluation will be treated individually and is considered as

meeting requirements for quality and style if:

(1) The prerequisites specified in Sec. 52.726 are met; and

(2) The Acceptable Quality Levels (AQL's) in Tables I & II in

Sec. 52.723 and Sec. 52.727, as applicable, are not exceeded.

Dated: November 20, 1995.

Lon Hatamiya,

Administrator.

[FR Doc. 95-28632 Filed 11-22-95; 8:45 am]

BILLING CODE 3410-02-P