Blueberries; Grade Standards

SUMMARY: This final rule revises the United States Standards for Grades

of Blueberries by adding another species of cultivated blueberries,

eliminating size as a requirement of the grade, revising tolerances and

applications of tolerances to percentages of defective berries,

specifying allowable amounts for defects caused by scars and well

healed broken skins, redefining terms to more clearly reflect current

cultural and marketing practices, and providing a format consistent

with other recently revised U.S. grade standards. The Agricultural

Marketing Service (AMS), in cooperation with industry and other

interested parties, has the responsibility to develop and improve

standards of quality, condition, quantity, grade and packaging in order

to facilitate efficient marketing of agricultural commodities.

EFFECTIVE DATE: March 20, 1995.

FOR FURTHER INFORMATION CONTACT: Frank O'Sullivan, Fresh Products

Branch, Fruit and Vegetable Division, Agricultural Marketing Service,

U.S. Department of Agriculture, P.O. Box 96456, Washington, DC 20090-

6456, (202) 720-2185.

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 (5 U.S.C. 601 et seq.), the Administrator of the

Agricultural Marketing Service (AMS) has determined that this action

will not have a significant economic impact on a substantial number of

small entities. The revision of the U.S. Standards for Grades of

Blueberries will not impose substantial direct economic cost,

recordkeeping, or personnel workload changes on small entities, and

will not alter the market share or competitive position of these

entities relative to large businesses. In addition, under the

Agricultural Marketing Act of 1946, the use of these standards is

voluntary.

This final rule has been reviewed under Executive Order 12778,

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

effect. This final 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 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 proposed rule, United States Standards for Grades of

Blueberries, was published in the Federal Register on November 19, 1993

(58 FR 61033-61035).

The North American Blueberry Council (NABC), which represents the

majority of blueberry growers and packers in the United States and

Canada, formally requested USDA to revise the United States Standards

for Grades of Blueberries which were last revised in June 1966. The

NABC requested that the standards be revised in order to bring them

into conformity with current cultural, harvesting, and marketing

practices. The NABC contends that due to changes in harvesting

practices, more growers using mechanical harvesters versus hand

picking, and new improved varieties, the changes are necessary.

The comment period ended January 18, 1994, and a total of nineteen

comments were received from growers, shippers, receivers, and

researchers. In addition, recommendations were received from inspection

personnel.

Nine comments were in favor of the proposal in its entirety. These

comments agreed that due to changes in current cultural, harvesting,

and marketing practices of blueberries, it was necessary to change the

standards as proposed.

Three comments suggested eliminating the basic requirement ``not

wet.'' They felt that blueberries that are wet from condensation would

be scored against this requirement, and perfectly good blueberries

would be scored as defects. AMS believes that the definition under the

``damage'' section clearly states that wet berries are damaged when

``the individual berry is wet from juice from crushed, leaking, or

decayed berries, but not due to condensation,'' and thereby good

blueberries would not be scored as defects.

Three comments were in favor of the proposal with some changes. All

three of the comments expressed the opinion that a minimum size should

be specified, or that size should be part of the grade. Two of these

comments also stated that the ten percent tolerance for attached stems

is too high. One of these comments stated that the tolerances should be

based on number of defects and not percentages, with no allowance for

``leakers.'' AMS feels that size should not be part of the grade since

blueberries are not packed by size. However, the size classification

section should be left in the standards for common marketing

terminology. The NABC specifically requested that tolerances be in

percentages and that an additional allowance be made for attached

stems. Further, tolerances based on percentages rather than number of

berries would be more simplistic for inspectors, industry, and other

interested parties; a chart of the number of berries allowed for

various defects would no longer be needed. Since some varieties of

blueberries have stems which adhere more readily to the berry, or

growing conditions cause the stems to remain attached, a ten percent

allowance for attached stems is needed so as to take into account

certain varieties with inherent characteristics. Therefore, AMS

believes the tolerances for defects and the allowance for attached

stems should remain as they were in the proposal.

Two comments opposed the proposed definition of damage by

shriveling, which stated ``shriveling when the skin is slightly

wrinkled.'' They were of the opinion that the term ``slightly

wrinkled'' meant that the berries would be observed under close

scrutiny and when wrinkling was found to any degree the berries would

be scored. The commentors proposed that the definition be changed to

``shriveling when the wrinkling is readily noticeable.'' This would

mean that only the wrinkling found upon casual observation would be

scored as a defect. One of the commentors also felt that having a

definition for ``damage by green berries'' and a definition for ``well

colored'' was redundant. They felt that the ``damage by green berries''

should be deleted. AMS agrees with the comments as to ``shriveling''

and the definition of damage by shriveling will be ``when the wrinkling

is readily noticeable.'' In regard to the comment of ``damage by green

berries'' and ``well colored,'' AMS feels that green berries would be

considered immature berries and berries that are not well colored may

be mature but simply do not meet the color requirements. AMS believes

that buyers and sellers would want to know the distinction between

these two defects.

One comment from an exporter did not address the provisions of the

proposal. [[Page 11243]]

One comment stated the following: ``stems should not be counted as

defects unless excessive--50 or more per pint; shriveled berries should

not be counted as defects unless excessive--20 or more per pint;

berries with picking scars or split by excessive rain or moisture, but

are not overripe, with healed scars, would not be counted as soft

berries; and soft berries are those that are overripe, bleeding, and

certain to cause molding within 24 hours.'' AMS believes that all of

these issues have been addressed in the revised standards by: Defining

under damage and serious damage how much each blueberry may be affected

by a certain defect; in the application of tolerance section defining

the percentage of blueberries that may be defective in each sample; and

in the tolerance section defining the percentage of defective

blueberries which are allowed in a load or lot of blueberries.

One recommendation was made concerning the ``definitions for damage

and serious damage by scars is too loose.'' It was suggested that only

the scars that are fairly smooth and have no depth be scored as

outlined in the proposed standards. AMS believes that scars are too

small to distinguish as to their smoothness or depth, and has decided

to leave the definition of damage and serious damage by scars as

proposed.

One recommendation made several suggestions for changing

definitions of various defects. Clusters were proposed to be changed to

``3 or more joined capstems with more than one berry attached.''

Shriveling was proposed to be changed to ``more than slightly

wrinkled.'' It was recommended that broken skins, regardless of whether

they are well healed or not should be scored as serious damage, except

for an allowable area around the stem scar. Also, damage by scars

should be changed from 20 percent of the surface to 25 percent of the

surface. Mummified berries should include in its definition those

berries that are in the process of being mummified. AMS does not

believe that these changes are warranted due to the inconsistencies

these changes would create with other standards and with the scoring of

the above defects. However, as stated previously, the definition of

``damage by shriveling'' will be applied ``when shriveling is readily

noticeable.''

One recommendation suggested an additional grade for higher quality

blueberries should be inserted in the standards. Also, size should be

determined by weight, since ``cup'' could be confusing and is not

precise enough. Finally, it was felt that the current size

classifications do not allow for loads and/or lots of blueberries that

contain both medium and large size berries in the same lot. The NABC

made it clear to AMS that it did not want an additional grade in the

standards. Also, most commodities are marketed on the basis of U.S. No.

1 and it is felt that other grades would not be necessary. AMS feels

that determining size by weight would be more difficult due to the

modest size of the berries. AMS did make allowances in the tolerances

for ``off-size'' to allow for blueberries that contain both medium and

large size berries in the same lot.

The Agricultural Research Service of the Department stated that it

is ``not aware of any research data or other information relevant to

the possible effect of the `cosmetic appearance' elements of the

proposed rulemaking on pesticide use on blueberries.''

AMS develops and improves standards of quality, condition, grade,

and packaging in order to facilitate efficient marketing. The

provisions of this final rule are the same as those in the proposed

rule, except for the changes noted above in response to the comments

received, and several minor editorial changes made for clarity.

List of Subjects in 7 CFR Part 51

Agricultural commodities, Food grades and standards, Fruits, Nuts,

Reporting and recordkeeping requirements, Vegetables.

PART 51--[AMENDED]

For reasons set forth in the preamble, is amended as follows:

1. The authority citation for 7 CFR Part 51 continues to read as

follows:

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

Subpart--United States Standards for Grades of Blueberries

2. Sections 51.3475 through 51.3479 and the undesignated center

headings are revised to read as follows:

General

Sec. 51.3475 General.

(a) These standards apply only to selected and hybrid varieties of

the highbush (Vaccinium australe Small and Vaccinium corymbosum L.) and

rabbiteye (Vaccinium ashei Reade) blueberries produced under

cultivation, but not to other species of the genus Vaccinium nor to the

true huckleberries of the genus Gaylussacia.

(b) Because of the size differences between varieties and the

difference in size preference in various markets, there are no size

requirements in the grade. Therefore, size will not be determined

unless specifically requested by the applicant. If requested, size may

be specified as provided in Sec. 51.3477.

Grade

Sec. 51.3476 U.S. No. 1.

``U.S. No. 1'' consists of blueberries which meet the following

requirements:

(a) Basic requirements:

(1) Similar varietal characteristics;

(2) Clean;

(3) Well colored;

(4) Not overripe;

(5) Not crushed, split, or leaking; and

(6) Not wet.

(b) Free from:

(1) Attached stems;

(2) Mold;

(3) Decay;

(4) Insects or when there is visible evidence of the presence of

insects;

(5) Mummified berries; and

(6) Clusters.

(c) Free from damage caused by:

(1) Shriveling;

(2) Broken skins;

(3) Scars;

(4) Green berries; and

(5) Other means.

(d) Tolerances as specified in Secs. 51.3478 (a) and (b) and

applied pursuant to Sec. 51.3479.

Size Classifications

Sec. 51.3477 Size classifications.

The following size classifications may be used in specifying size

of blueberries:

(a) Extra large. Less than 90 berries per cup;\1\

\1\Cup equals 237 ml, \1/2\ pint, or 2 gills.

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(b) Large. 90 to 129 berries per cup;1

(c) Medium. 130 to 189 berries per cup;1 and,

(d) Small. 190 to 250 berries per cup.1

(e) For tolerances see Sec. 51.3478.

Tolerances

Sec. 51.3478 Tolerances.

In order to allow for variations incident to proper grading and

handling, based on sample inspection, the following tolerances, by

count, shall be allowed:

(a) For defects at shipping point.2 Ten percent for

blueberries which have attached stems. Additionally, not more than 8

percent of the blueberries may be below the remaining requirements of

the grade: Provided, that included in this amount not more than 4

percent shall be allowed for defects causing serious

[[Page 11244]] damage, including in this latter amount not more than 1

percent for blueberries which are affected by mold or decay.

\2\Shipping point, as used in the standards in this subpart,

means the point of origin of the shipment in the producing area or

at port of loading for ship stores or overseas shipment, or, in the

case of shipments from outside the continental United States, the

port of entry into the United States.

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(b) For defects en route or at destination. Ten percent for

blueberries which have attached stems. Additionally, not more than 12

percent of the blueberries may be below the remaining requirements of

the grade: Provided, that included in this amount not more than the

following percentages shall be allowed for defects listed:

(1) 8 percent for blueberries which fail to meet the requirements

for this grade because of permanent defects; or,

(2) 6 percent for blueberries which are seriously damaged,

including therein not more than 4 percent for blueberries which are

seriously damaged by permanent defects and not more than 2 percent for

blueberries which are affected by mold or decay.

(c) Off-size: When size is designated according to one or more of

the size classifications in Sec. 51.3477, not more than 10 percent of

the samples in any lot or one sample, whichever is the greater number,

may fail to meet the range in count specified.

Application of Tolerances

Sec. 51.3479 Application of tolerances.

Individual samples are subject to the following limitations:

Provided, that the averages for the entire lot are within the

tolerances specified for the grade:

(a) For a tolerance of 10 percent or more, individual samples may

contain not more than one and one-half times the tolerance specified.

(b) For a tolerance of less than 10 percent, individual samples may

contain not more than double the tolerance specified.

3. Sections 51.3482 and 51.3483 are revised to read as follows:

Sec. 51.3482 Well colored.

Well colored means that more than one-half of the surface of the

individual berry is blue, bluish-purple, purple, bluish-red, or bluish-

black.

Sec. 51.3483 Overripe.

Overripe means that the individual berry is dead ripe, the flesh is

soft and mushy, and past commercial utility.

4. Sections 51.3484 and 51.3485 are removed and Sec. 51.3486 is

redesignated 51.3484 and is revised to read as follows:

Sec. 51.3484 Damage.

Damage means any specific defect described in this section, or an

equally objectionable variation of any one of these defects, any other

defect, or any combination of defects, which materially detracts from

the appearance, or the edible or marketing quality of the blueberries.

The following specific defects shall be considered as damage:

(a) Wet berries when the individual berry is wet from juice from

crushed, leaking, or decayed berries, but not due to condensation;

(b) Clusters when there are three or more joined capstems with at

least one berry attached;

(c) Shriveling when the wrinkling is readily noticeable;

(d) Broken skins when not well healed or when well healed and

readily noticeable, except for an allowable area within a \1/8\ inch

(3.2 mm) circle centered at the stem scar;

(e) Scars when affecting more than 20 percent of the surface of the

individual berry; and,

(f) Green berries when one-half or more of the berry is green.

5. Section 51.3487 is redesignated 51.3485 and is revised to read

as follows:

Sec. 51.3485 Serious damage.

Serious damage means any specific defect described in this section,

or an equally objectionable variation of any one of these defects, any

other defect, or any combination of defects, which seriously detracts

from the appearance, or the edible or marketing quality of the

blueberries. The following specific defects shall be considered as

serious damage:

(a) Decay;

(b) Moldy berries;

(c) Overripe berries;

(d) Crushed, split, or leaking berries;

(e) Mummified berries when the individual berry is dried up,

withered or shrunken;

(f) Insects or when there is any visible evidence of the presence

of insects, including but not limited to an insect, the insect larva,

feeding, webbing or frass;

(g) Broken skins when not well healed; and,

(h) Scars when affecting more than 50 percent of the surface of the

individual berry.

Dated: February 23, 1995.

Lon Hatamiya,

Administrator.

[FR Doc. 95-4952 Filed 2-28-95; 8:45 am]

BILLING CODE 3410-02-P