United States Standards for Grades of Frozen Okra

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 52

[FV-95-328]

United States Standards for Grades of Frozen Okra

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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SUMMARY: This document amends the existing U.S. standards for frozen

okra to remove references to trimmed pods. This change will allow

producers of frozen okra the option to pack whole and cut okra without

trimming. Also, a conforming change is made to language in the

standards removing the reference to ``apparent untrimmed pods.'' This

change enables the frozen okra industry to produce frozen okra more

efficiently and better meet market needs.

DATES: Effective December 7, 1995. Comments received by January 8,

1996, will be considered prior to issuance of a final rule.

ADDRESSES: Interested persons are invited to submit written comments

concerning this interim final rule. 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,

D.C. 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, D.C. 20090-6456, Telephone (202) 720-4693.

SUPPLEMENTARY INFORMATION: This interim final rule is issued under the

United States Standards for Grades of Frozen Okra (7 CFR Part 52) to

improve grade standards. The standards are effective under the

Agricultural Marketing Act of 1946 as amended (7 U.S.C. 1622, 1624),

hereinafter referred to as the Act.

The Department of Agriculture (Department) is issuing this rule in

conformance with Executive Order 12866.

The Department is issuing this rule in conformance with Executive

Order 12778, Civil Justice Reform. This action is not intended to have

retroactive effect. This interim final rule will not preempt any State

or local laws, regulations, or policies, unless they present

irreconcilable conflict with this rule. There are no administrative

procedures which must be exhausted prior to any judicial challange 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, P.L. 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 American Frozen Food Institute (AFFI) has petitioned for

emergency relief from a requirement in the United States frozen okra

standards. AFFI is a trade association representing over 560 food

industry companies that account for over 90 percent of frozen food

production in the United States. The frozen okra industry requested

that USDA revise the grade standards for frozen okra so that producers

of frozen okra will have the option to pack whole and cut okra without

trimming and still meet the requirements of the United States Standards

for Grades of Okra. The U.S. grade standards are voluntary standards.

However, there is widespread use of the standards for frozen okra in

contract requirements.

When the United States grade standards were first issued, okra was

cut by hand. With the advent of mechanical harvesting, the techniques

of harvesting have changed. Also processing equipment, including

electronic sorters, has improved the quality such that the frozen okra

industry can control quality more effectively without extensive

handling.

Moreover, AFFI stated in its petition to revise the standards that

since the frozen okra standards were last revised in 1969, new

varieties have been established which leave the stems edible and tender

when harvested with pods of the desirable length for freezing. AFFI

noted that all other forms of whole okra including fresh, pickled,

etc., are marketed untrimmed. AFFI also stated that the cost associated

with trimming frozen whole okra was approximately $.0625 per pound of

okra. Based on 1994 United States production of 65,114,000 pounds of

frozen okra sold, trimming okra costs U.S. processors of frozen okra

approximately $4,069,625 each year. AFFI claimed that in the time it

takes to revise the frozen okra standard through ordinary channels,

frozen okra processors could incur costs of more than $8 million.

Based on all the information received, USDA is changing the grade

standards by amending the product description in Secs. 52.1511 and

52.1512, Styles, in the United States Standards for Grades of Frozen

Okra. Also, in Sec. 52.1517(c)(5)(i), ``apparent untrimmed pods'' is

removed from the standards as a defect since it no longer applies.

No additional costs are expected to result from this action for

producers and benefits derived from this action may be passed on to

consumers. This change is expected to facilitate marketing of frozen

okra.

Pursuant to 5 U.S.C. 553, it is found and determined upon good

cause that it is impracticable, unnecessary, and contrary to the public

interest to give preliminary notice prior to putting this rule into

effect and that good cause exists for not postponing the effective date

of this rule upon publication in the Federal Register because the

harvesting season for okra has already begun, the standards are

voluntary, and this revision of the standards that permits the industry

to more efficiently meet market needs, may reduce costs to the

consumers. This rule also provides a 30-day comment period. The

Department will consider all comments received

[[Page 62709]]

within the comment period prior to finalizing this rule.

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, 7 CFR Part 52 is amended

as follows:

PART 52--PROCESSED FRUITS AND VEGETABLES, PROCESSED PRODUCTS

THEREOF, AND CERTAIN OTHER PROCESSED FOOD PRODUCTS\1\

\1\May include the following: Honey; molasses, except for

stockfeed; nuts and nut products, except oil; sugar (cane, beet, and

maple); sirups (blended), sirups, except from grain; tea, cocoa,

coffee, spices, condiments.

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Subpart--United States Standards for Grades of Frozen Okra

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

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

2. Sec. 52.1511 is revised to read as follows:

Sec. 52.1511 Product description.

Frozen okra is the product prepared from clean, sound, succulent,

and edible fresh pods of the okra plant (Hibiscus esculentus) of the

green variety. The product may or may not be trimmed, is properly

prepared and properly processed, and is then frozen and stored at

temperatures necessary for preservation.

Sec. 52.1512 [Amended]

3. In Sec. 52.1512, paragraph (a) immediately following the words

``consists of trimmed'' the words ``, or untrimmed'' are added and in

paragraph (b) the words ``, or untrimmed'' are added after the words

``is trimmed''.

Sec. 52.1517 [Amended]

4. Sec. 52.1517 is amended by removing paragraph (c)(5)(i) and

redesignating paragraphs (c)(5)(ii) through (c)(5)(vi) as paragraphs

(c)(5)(i) through (c)(5)(v), respectively.

Dated: December 1, 1995.

Lon Hatamiya,

Administrator.

[FR Doc. 95-29790 Filed 12-06-95; 8:45 am]

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