United States Standards for Beans

DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration

7 CFR Part 68

United States Standards for Beans

AGENCY: Grain Inspection, Packers and Stockyards Administration,

USDA.\1\

\1\The authority to exercise the functions of the Secretary of

Agriculture contained in the Agricultural Marketing Act of 1946, as

amended (7 U.S.C. 1621-1627), concerning inspection and

standardization activities related to grain and similar commodities

and products thereof has been delegated to the Administrator, Grain

Inspection, Packers and Stockyards Administration (7 U.S.C. 75a; 7

CFR 68.5).

ACTION: Proposed rule.

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

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

Inspection, Packers and Stockyards Administration (GIPSA), is proposing

to revise the United States Standards for Beans at the request of

elements within the Bean Industry. Specifically, FGIS is proposing to

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

requirement for the class Blackeye beans and change the grade limits

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

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

proposing to change the standard to facilitate marketing of beans.

DATES: Comments must be received by May 25, 1995.

ADDRESSES: Written comments must be submitted to George Wollam, GIPSA-

FGIS, USDA, Room 0623 South Building, P.O. Box 96454, Washington, DC,

20090-6454; FAX (202) 720-4628.

All comments received will be made available for public inspection

in Room 0623 USDA South Building, 1400 Independence Avenue SW.,

Washington, DC, during regular business hours (7 CFR 1.27(b)).

FOR FURTHER INFORMATION CONTACT: George Wollam, address as above,

telephone (202) 720-0292.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

The Department is issuing this proposed rule in conformance with

Executive Order 12866.

Executive Order 12778

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.

Regulatory Flexibility Act Certification

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

proposed 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 68 have been approved previously by OMB and assigned OMB No.

0580-0013.

Review of Standards

On September 22, 1993, FGIS published in the Federal Register (58

FR 49248) a request for public comments on several changes to the

United States Standards for Beans that had been suggested by the

California Bean Shippers Association (CBSA), with the concurrence of

the California Dry Bean Advisory Board. Specifically, CBSA recommended

that the grading factor ``clean-cut weevil-bored beans'' be eliminated

from the grade requirements for the class Blackeye beans and that

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

``insect damaged'' beans. They also recommended that the limits for

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

``splits'' in the class Baby Lima beans be changed 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 60-day comment period, one written

comment was received from a European industry group. This group

recommended that Blackeye beans in grades U.S. Nos. 1, 2, and 3 should

not contain more than 0.0, 0.1, and 0.2 percent, respectively, of

``clean-cut weevil-bored beans and weevilled beans, total.''

``Clean-Cut Weevil-Bored Beans'' in Blackeye Beans

The present U.S. standards define ``clean-cut weevil-bored beans''

as beans [[Page 10337]] from which weevils have emerged, leaving a

clean-cut open cavity free from larvae, webbing, refuse, mold, or

stain. ``Clean-cut weevil-bored beans'' are considered as a separate

grading factor in only two classes: Blackeye and Mung beans. According

to the U.S. Standards for Beans, Blackeye beans in grades U.S. Nos. 1,

2, and 3 may not contain more than 0.0, 0.2, and 0.5 percent,

respectively, of ``clean-cut weevil-bored beans.'' In all other

classes, ``clean-cut weevil-bored beans'' are included with the grading

factor ``total damage'' and/or ``total defects.''

Blackeye bean growers and shippers feel that including the factor

``clean-cut weevil-bored beans'' in the Blackeye bean standards should

be changed because the grade requirements for Blackeye beans are more

stringent than those of similar classes of beans; e.g., Yelloweye and

Cranberry beans. Since Blackeye beans are predominately grown in

California, these groups believe that the Blackeye bean standards

should reflect the marketing concerns of that bean industry.

The Federation Nationale du Legume (FNL), a European industry

group, recommended that Blackeye beans in grades U.S. Nos. 1, 2, and 3

should not contain more than 0.0, 0.1, and 0.2 percent, respectively,

of ``clean-cut weevil-bored beans and weevilled beans, total.'' FGIS

appreciates FNL's concern about the quality of U.S. Blackeye beans.

However, regardless of the factors or factor limits specified by the

standards for a particular class of beans, buyers and sellers are free

to specify different factor requirements in their contracts.

FGIS has no information that would indicate that eliminating

``clean-cut weevil-bored beans'' as a separate grading factor from the

grade requirements for the class Blackeye beans would have a noticeable

effect on the quality or appearance of Blackeye beans, or harm the

United States' reputation for producing and marketing high-quality

Blackeye beans. Therefore, FGIS is proposing to revise the U.S.

Standards for Beans to eliminate the factor ``clean-cut weevil-bored

beans'' as a separate grading factor in the class Blackeye beans and

consider ``clean-cut weevil-bored'' Blackeye beans as ``damaged

beans,'' included in the grading factor ``total damage.''

``Total Defects,'' ``Blistered, Wrinkled, and/or Broken Beans,'' and

``Splits'' in Baby Lima Beans

Currently, Baby Lima beans in grades U.S. Nos. 1, 2, and 3 may

contain not more than 2.0, 3.0, and 5.0 percent, respectively, of

``total defects'' and not more than 3.0, 5.0, and 8.0 percent,

respectively, of ``blistered, wrinkled, and/or broken beans'' or

``splits.'' The grade limits for the factors ``total defects'' (which

includes ``splits'') and ``total damaged'' for most other classes of

beans (e.g., Great Northern, Small White, Kidney, Small Red, Pink,

Black Turtle Soup, Blackeye, Cranberry, and Mung beans) is 2.0, 4.0,

and 6.0 percent, for grades U.S. Nos. 1, 2, and 3, respectively.

The present limits for ``total defects,'' ``blistered, wrinkled,

and/or broken beans,'' and ``splits'' in the class Baby Lima beans are

inconsistent with the standards for other classes of beans. This has

caused confusion among some users of the standards. To provide greater

uniformity within the U.S. bean standards and to better facilitate the

marketing of Baby Lima beans, FGIS is proposing to change the grade

limits for these factors in the class Baby Lima beans to 2.0, 4.0, and

6.0 percent, for grades U.S. Nos. 1, 2, and 3, respectively.

Proposed Action

Based on current market needs and other available information, FGIS

is proposing to revise:

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.

Comments including data, views, and suggestions regarding the

proposed changes to the U.S. Standards for Blackeye and Baby Lima beans

are solicited from interested parties.

List of Subjects in 7 CFR Part 68

Administrative practice and procedures, Agricultural commodities,

Beans.

For reasons set forth in the preamble, 7 CFR Part 68 is proposed to

be amended as follows:

PART 68--REGULATIONS AND STANDARDS FOR INSPECTION AND CERTIFICATION

OF CERTAIN AGRICULTURAL COMMODITIES AND THEIR PRODUCTS

1. The authority citation for Part 68 continues to read as follows:

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

1621 et seq.).

2. Section 68.134 is revised to read as follows:

Sec. 68.134 Grades and grade requirements for the class Blackeye

Beans.

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

Percent maximum limits of--

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

Total Foreign material

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

Moisture\1\ (DKT, Total

FM, CCL, damaged Total Stones

& SP)

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

U.S. No. 1................... The special grade off-color 18.0 4.0 2.0 0.5 0.2

U.S. No. 2................... may be applied after the 18.0 6.0 4.0 1.0 0.4

U.S. No. 3................... removal of total defects. 18.0 8.0 6.0 1.5 0.6

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

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

Percent maximum

limits of--

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

Grade Classes

Contrasting that

classes\2\ blend\3\

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

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

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

[[Page 10338]]

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

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

\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.

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.

3. Section 68.140 is revised to read as follows:

Sec. 68.140 Grades and grade requirements for the classes Baby Lima

and Miscellaneous Lima Beans.

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

Percent maximum limits of--

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

Total Foreign material

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

Moisture\1\ (DKT, Badly

FM, CCL, damaged Total Stones

& SP)

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

U.S. No. 1................... The special grade off-color 18.0 2.0 1.0 0.5 0.2

U.S. No. 2................... may be applied after the 18.0 4.0 1.5 1.0 0.3

U.S. No. 3................... removal of total 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

broken blend\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

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

\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.

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.

Dated: February 16, 1995.

James R. Baker,

Administrator.

[FR Doc. 95-4495 Filed 2-23-95; 8:45 am]

BILLING CODE 3410-EN-P