United States Standards for Barley

DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration

7 CFR Parts 800 and 810

RIN 0580-AA14

United States Standards for Barley

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

ACTION: Proposed rule.

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SUMMARY: In its periodic review of existing regulations, the Grain

Inspection, Packers and Stockyards Administration (GIPSA) proposes to

amend the United States Standards for Barley by: Modifying the

classification system of barley to better reflect current marketing

practices by establishing two classes, ``Malting barley and Barley'';

revising procedures to permit applicants the option of requesting

either the malting standards or barley standards for malting types;

revising the standards for Two-rowed Malting barley by removing the

``U.S. Choice'' grade designation and also combining the grading

factors and limits for two- and six-rowed malting types onto a single

grade chart; Amending the definition for suitable malting type to

include other proprietary malting varieties used by private malting and

brewing companies; revising the dockage certification procedure by

reporting results in half and whole percent with a fraction less than

one-half percent being disregarded; amending the definition of thins to

require the use of a single sieve (\5/64\ x \3/4\ slotted-hole) only in

the proposed class Barley and removing the grading limits from the

standards; however, the level of thins will continue to be reported on

the inspection certificate; revising the standards by removing the

grading limits for damaged kernels, heat damaged kernels, and foreign

material in the proposed class Barley; and eliminating the numerical

grade restriction for badly stained and materially weathered from the

standards. GIPSA further proposes to amend the inspection plan

tolerances based on these proposed changes.

The objective of this review is to ensure that the barley standards

are serving their intended purpose, are clear, and are consistent with

GIPSA policy and authority.

DATES: Comments must be submitted on or before May 22, 1995.

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

USDA, Room 0623, South Building, PO Box 96454, Washington, DC, 20090-

6454; FAX (202) 720-4628.

All comments received will be made available for public inspection

at Room 0624 South Building, 1400 Independence Avenue, SW, Washington,

D.C., during regular business hours (7 CFR 1.27 (b)).

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

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 proposed rule has been reviewed under Executive Order 12778,

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

effect. The United States Grain Standards Act provides in section 87g

that no State or subdivision may require or impose any requirements or

restrictions concerning the inspection, weighing, or description of

grain under the Act. Otherwise, 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 as defined in the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.) because most users of the

official inspection and weighing services and those entities that

perform these services do not meet the requirements for small entities.

Further, the regulations are applied equally to all entities.

Information Collection Requirements

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

Chapter 35), the information collection requirements contained in the

rule to be amended have been previously approved by OMB under control

number 0580-0013.

Background

During December 1991, the Federal Grain Inspection Service (FGIS),

which is now part of GIPSA, distributed a discussion paper concerning

the U.S. Standards for Barley. This paper addressed several issues

relating to the standards and served as a starting point for

discussions with producers, trade associations, processors, maltsters,

brewers, handlers, and merchandisers to better understand their views

on changes needed to improve existing standards. FGIS received positive

feedback from the grain industry regarding the barley discussion paper;

in fact, several industry officials suggested that FGIS develop and

distribute similar documents before amending other marketing standards.

FGIS received a total of 13 written comments concerning the

discussion paper: 1 from a malting company; 1 from a barley trade

association that represents the major U.S. malting and brewing

companies; 1 from a barley feed processor; 1 from a major feed grain

association; 7 from producer organizations and associations; 1 from a

grain handler; and 1 from a grain inspection/weighing association.

FGIS also reviewed the barley discussion paper with the FGIS

Advisory Committee and the Grain Quality Workshop in January 1992. In

addition, FGIS personnel participated in an industry sponsored forum in

Pasco, Washington in May 1993 to gather further information on the need

for changes to the barley standards. FGIS also considered ideas

received during the normalcourse of business, recommendations from

internal management and program reviews, and various other sources.

Based on the comments received and other available information,

GIPSA is proposing eight changes to the barley standards that reflect

current market needs and also serve to improve the effectiveness of the

standards. The proposed amendments include: (1) Modifying the

classification system of barley to better reflect current marketing

practices by establishing two classes, ``Malting barley and Barley'';

(2) revising procedures to permit applicants the option of requesting

either the malting standards or barley standards for malting types; (3)

revising the standards for Two-rowed Malting barley by removing the

``U.S. Choice'' grade designation and also combining the grading

factors and limits for two- and six-rowed malting types onto a single

grade chart; (4) amending the definition for suitable malting type to

include other proprietary malting varieties used by private malting and

brewing companies; (5) revising the dockage certification procedure by

reporting results in half and whole percent with [[Page 15076]] a

fraction less than one-half percent being disregarded; (6) amending the

definition of thins to require the use of a single sieve (\5/64\ x \3/

4\ slotted-hole) only in the proposed class ``Barley'' and removing the

grading limits from the standards; however, the level of thins will

continue to be reported on the inspection certificate; (7) revising the

standards by removing the grading limits for damaged kernels, heat-

damaged kernels, and foreign material in the proposed class ``Barley'';

and (8) eliminating the numerical grade restriction for badly stained

and materially weathered from the standards. Furthermore, this proposal

amends inspection plan tolerances based on the proposed revisions to

the standards.

Barley Classification

GIPSA proposes to amend the barley classification system in 7 CFR

810.202, paragraph (c), by establishing two classes of barley.

Specifically, a new class ``Malting barley'' will be divided into three

subclasses, Six-rowed Malting barley, Six-rowed Blue Malting barley,

and Two-rowed Malting barley. Additionally, the new class ``Barley''

will be divided into three subclasses, Six-rowed barley, Two-rowed

barley, and Barley. GIPSA believes these changes will assist in

simplifying the barley standards.

The present barley classification system was introduced into the

standards during the 1974 revisions. Prior to 1974, barley was classed

based on production areas (i.e., east of the Rocky Mountains and Alaska

was classed ``Barley'' and barley grown west of the Rocky Mountains was

classed ``Western barley''). The 1974 review of the standards

determined that the production area was not the best method for

identifying barley classes. Accordingly, the classing procedure was

revised and kernel characteristics were established as the basis for

this determination. Present-day standards divide barley into the three

classes; Six-rowed barley, Two-rowed barley, and Barley. The class Six-

rowed barley is divided into three subclasses; Six-rowed Malting

barley, Six-rowed Blue Malting barley, and Six-rowed barley. The class

Two-rowed barley is divided into two subclasses; Two-rowed Malting

barley and Two-rowed barley. The class Barley has no subclasses.

GIPSA believes that the existing barley classing system may not

reflect current marketing practices. That is, barley produced in the

United States is used primarily as livestock feed or for malting.

Consequently, GIPSA believes that the barley classing system should be

structured in a manner consistent with current trading practices.

Therefore, GIPSA proposes to revise the classification system for

barley by establishing two classes; Malting barley and Barley. The

Malting class will be divided into three subclasses, Six-rowed Malting

barley, Six-rowed Blue Malting barley, and Two-rowed Malting barley.

The Barley class will be divided into three subclasses, Six-rowed

barley, Two-rowed barley, and Barley.

Applying the Malting Standards

GIPSA proposes to amend the subclass definitions for Six-rowed

barley and Two-rowed barley in 7 CFR part 810.202, paragraphs

(c)(1)(iii) and (c)(2)(ii) by deleting the reference to Malting barley.

This change is needed to permit applicants the option of requesting

either the malting standards or the barley standards for malting types.

The present standards require official personnel to initially apply

the Malting barley requirements and assign grades covered in 7 CFR

810.206 only if the sample fails to meet the malting criteria. This

policy is based on the subclass definitions for Six- and Two-rowed

barley. The subclass definitions for Six- and Two-rowed barley state,

in part, that barley not meeting the applicable subclass requirement

for malting shall be graded using the 7 CFR 810.206 grade chart.

GIPSA believes the present practice of initially applying the

malting standards hampers inspection efficiency and may create market

disruptions for malting varieties that are used for other purposes.

Labeling barley as malting when it is being marketed for another use

causes confusion and could lead to unnecessary marketing complications.

Therefore, GIPSA proposes to amend the subclass definitions for

Six- and Two-rowed barley to provide the inspection system greater

flexibility in meeting the market needs. This proposed amendment will

also bring existing standards more in line with today's marketing

practices for Malting barley.

U.S. ``Choice Grade Designations''

GIPSA proposes to revise 7 CFR 810.205 by removing the U.S. No. 1

``Choice'' grade designation from the chart. The factors and limits

pertaining to the ``Choice'' grade will be retained. This revision is

being sought to bring more consistency between the standards for two-

and six-rowed malting types.

The current Two-rowed Malting barley standard includes a U.S. No. 1

``Choice'' grade designation. The Six-rowed Malting barley standard

does not include a similar grade. The differences between No. 1

``Choice'' Two-rowed Malting barley and No. 1 Two-rowed Malting barley

are reflected in the test weight, skinned and broken kernels, and the

thin barley grade units.

GIPSA believes that the factors and limits for the ``Choice'' grade

designation are important to producers, maltsters, and brewers.

Furthermore, GIPSA believes that the quality requirements in the

standards for Six- and Two-rowed Malting barley should be more

consistent in order to eliminate confusion in the marketplace and to

provide more meaningful information to our customers. Therefore, GIPSA

proposes to delete the U.S. No. 1 ``Choice'' grade designation from 7

CFR 810.205 for Two-rowed Malting barley, but retain the factors and

limits as the U.S. No. 1 grade.

Malting Barley Grading Charts

GIPSA proposes to revise the grade requirements in 7 CFR 810.204

and 810.205 by: (a) Combining the factors and limits for Two- and Six-

rowed Malting barley onto a single grade chart; (b) establishing four

numerical grades for all Malting barley; (c) establishing separate

grade limits for test weight, suitable malting types, sound barley,

skinned and broken kernels, and thin barley for two- and six-rowed

malting types; (d) applying the current damaged kernels grade limits in

Six-rowed Malting barley to Two-rowed Malting barley and also

establishing a new 5.0 percent damaged kernels limit to correspond with

the proposed four grade categories; (e) applying the present limits for

mold damage and injured-by-mold in Two-rowed Malting barley to Six-

rowed Malting barley; and (f) applying the current grade limits for

other grains and wild oats to both Six- and Two-rowed Malting barley.

In the present malting standards, separate grade charts exist for

two- and six-rowed malting types. Additionally, the factor requirements

differ based on the subclass. For example, the current malting

standards impose limits for other grains, wild oats, mold-damage, and

injured-by-mold, but not consistently for all malting types. These

differences reflect the traditional variances between the production

areas and markets dealing with Six- and Two-rowed Malting barley. GIPSA

believes that the malting standards should be revised to more

consistently apply factor requirements between two- and six-rowed

types. GIPSA believes also that the proposed revisions to combine 7 CFR

810.204 and 810.205 simplify the malting standards and make them more

user friendly. [[Page 15077]]

Suitable Malting Type

GIPSA proposes to amend the definition of suitable malting type in

7 CFR Part 810.202, paragraph (t), to expand the list of approved

malting varieties. The proposed definition will include other

proprietary malting types used by various maltsters and brewers. This

change will bring existing standards more in line with today's

processing practices of the malting and brewing industries. Current

standards require a specified level of suitable malting type before the

Malting barley designation is assigned. GIPSA presently relies on The

American Malting Barley Association (AMBA) to determine which malting

varieties are considered suitable. Varieties other than the AMBA-

designated varieties are bought and sold as Malting barley in the

marketplace. For instance, several breweries are involved in the

development of Malting barley types to meet various end-product

specifications (Ref. 1). In many instances, these varietal types are

not tested and approved by AMBA; although such varieties meet all

quality requirements of the brewery.

Furthermore, AMBA revises its list of approved malting types

annually by adding new varieties and deleting outdated ones. Many

malting varieties that are removed from AMBA's list continue to be

produced, marketed, and processed. If a previously approved malting

type was offered for official inspection, the current grading system

would not permit the assignment of a malting grade designation because

the variety would not meet the suitable malting type criteria.

Consequently, GIPSA proposes to amend the suitable malting type

definition to include varieties recommended by AMBA and other

proprietary malting types.

Dockage Certification

GIPSA proposes to amend the dockage certification procedure in 7

CFR 810.104, paragraph (b). It is proposed that dockage in barley be

reported in half and whole percent with a fraction less than one-half

percent being disregarded. For example, at a level of 0.0 to 0.49

percent, no dockage would be reported; and 0.50 to 0.99 percent would

be reported as 0.5 percent dockage. Persons interested in actual

dockage percentage may request that this information be reported in the

remarks section of the certificate. GIPSA believes that the change in

reporting dockage will provide a more accurate description of non-

barley material.

Dockage in barley consists of dust, chaff, small weed seed, very

small pieces of broken barley, and coarse grains larger than barley.

Present standards certify dockage in whole percents with fractions of a

percent being disregarded. For example, at a level of 0.0 to 0.99

percent, no dockage is reported; and 1.0 to 1.99 percent is reported as

1.0 percent dockage. GIPSA believes that this method of reporting

dockage often understates dockage levels. GIPSA believes that reporting

dockage in half and whole percent increments provides a more accurate

description of non-barley material, thereby, enabling handlers and end-

users to make more informed decisions regarding quality, storability,

and end-product yield. In addition, providing information concerning

the actual dockage percentage in the remarks section of the certificate

is currently available upon request. Consequently, GIPSA proposes to

revise 7 CFR 810.104 (b) to certify barley dockage in half and whole

percent with a fraction less than one-half percent being disregarded.

Thin Barley

GIPSA proposes to revise the sieve requirement for determining thin

barley in 7 CFR 810.202, paragraph (u). It is proposed that thin barley

be determined using the \5/64\ x \3/4\ slotted-hole sieve in the

proposed class Barley and the factor thin as a grade determining factor

be removed. The amount of thin kernels will continue to be reported on

the official certificate as a non-grade determining factor. GIPSA also

proposes to amend 7 CFR 800.162 of the regulations under the United

States Grain Standards Act by adding a paragraph to require that thin

be reported on each inspection certificate when the grade is reported

for the proposed class Barley. GIPSA is not proposing changes to the

thin determinations in the standards for Malting barley.

Present standards define thin barley as Six-rowed barley which

passes through a \5/64\ x \3/4\ slotted-hole sieve or Two-rowed barley

which passes through a \55/64\ x \3/4\ slotted-hole sieve. In addition,

for the class Barley, which consists of a mixture of six-rowed and two-

rowed barley types, thin is defined as barley passing through the \5/

64\ x \3/4\ slotted-hole sieve. Thin is a grade determining factor in

all classes and subclasses of Barley.

The issue of sieve size for determining thin kernels has been a

topic of discussion for many years, and GIPSA recognizes the need for

uniformity in applying procedures. Concerns over the level of thins is

directly related to the processing technique employed by the end-user.

There are generally two processing strategies employed by processors

which take into account the levels of thins. One involves the removal

of thins before processing, and the other involves processing the grain

with thins. Many buyers and sellers of barley often establish

contractually the amount of thins considered appropriate.

The factor thin in the standards is a measurement of kernel size

more than an indicator of overall quality in barley. A measurement of

kernel size distribution may be more important to the barley industry

than simply the percent of thins. GIPSA recognizes that the percent of

thins is a factor used by the industry to determine market value. GIPSA

has not found research that correlates barley quality to the level of

thin kernels. That is, at what level do thins in barley impact on the

overall nutritional quality or value. GIPSA believes that the end-user

is in the best position to determine the appropriate level of thins and

the market value of the grain.

GIPSA reviewed discount schedules for thins in barley from various

grain companies. GIPSA's survey revealed that discounts for thins are

assessed at levels ranging from 15 to 20 percent with higher discounts

for thins over 20 percent. The marketplace, through discounting

practices, makes adjustments for thin levels; in many instances,

without regard to the official system. In brief, the industry

establishes the value of barley including thins based on the end-users'

needs rather than the levels as defined in the official standards.

Therefore, GIPSA proposes to amend 7 CFR 810.206 by deleting the

factor thins and its corresponding grade limits for the proposed class

Barley. It is further proposed to amend 7 CFR 800.162 by requiring that

the level of thins be reported on each certificate representing an

inspection for grade. This proposed reporting requirement, which is

similar to the certification procedure for moisture, provides the

marketplace with the flexibility to establish more meaningful quality

limits for thins based on the specific needs of end-users. In addition,

GIPSA proposes to revise 7 CFR 810.202(u) of the standards to require

the use of the \5/64\ x \3/4\ slotted-hole sieve for thin

determinations in the proposed class Barley. This proposed change would

streamline the inspection process and promote uniformity in determining

thins. Moreover, GIPSA believes that using a single sieve to determine

thins is the best approach in order to standardize the inspection

process. [[Page 15078]]

Sound Barley

GIPSA proposes to revise 7 CFR 810.206 by removing the factors and

limits for damaged kernels, heat-damaged kernels, and foreign material

in the proposed class Barley. The standards will rely on the factor

``sound barley'' to relate the overall amount of damaged kernels, heat-

damaged kernels, foreign material, other grains, and wild oats. In

addition, applicants interested in the percentage and composition of

damaged kernels, heat-damaged kernels, foreign material, other grains,

and wild oats may request this information be reported on the

inspection certificate.

Sound barley is the sum of the percentages of damaged kernels,

foreign material, other grains, and wild oats subtracted from 100

percent. Sound barley is a grading factor in all classes and subclasses

of barley. Revising the manner in which the factors sound barley, heat-

damaged kernels, damaged kernels, foreign material, other grains, and

wild oats influence the grade designation could simplify the standards

and improve their usefulness. GIPSA believes that the factor sound

barley provides adequate information without the need to establish

grading limits for its component factors.

GIPSA believes that the malting barley standards should continue to

provide a breakdown of non-barley material (i.e., damaged kernels,

foreign material, other grains, and wild oats) due to the impact these

factors have on the malting process. GIPSA believes further that the

malting and brewing industries need precise information on the overall

amount of sound barley as well as information as to the level of

damaged barley, non-barley material, and other grains.

GIPSA believes that the standards for the proposed class Barley

should be revised to rely on the factor ``sound'' to determine quality,

provided other information concerning non-barley material and damaged

kernels is available to interested parties upon request. GIPSA reviewed

inspection information from its Grain Inspection Monitoring System

database to determine how the factors and limits for sound barley,

damaged kernels, heat-damaged kernels, and foreign material influence

the final grade. GIPSA's analysis revealed that sound barley was the

grade determining factor approximately 83 percent of the time when

compared to component factors that define sound (i.e., damaged kernels,

heat-damaged kernels, and foreign material). Consequently, GIPSA

believes that it is unnecessary to have limits for the component

factors. GIPSA believes that the proposed revisions to 7 CFR 810.206

will streamline and simplify the standards while providing customers

useful information needed to facilitate marketing.

Badly Stained or Materially Weathered Barley

GIPSA proposes that the grade limitation for barley that is badly

stained or materially weathered in 7 CFR 810.206 be eliminated.

Currently, barley that is badly stained or materially weathered is

graded not higher than U.S. No. 4. In addition, it is further proposed

to remove the definition for stained barley from 7 CFR 810.202(s). The

determination of badly stained or materially weathered is seldom

necessary because this condition also affects the level of sound

kernels. In brief, factor limits for the other damages adequately

conveys quality; therefore, this criterion is rarely used.

Miscellaneous Changes

GIPSA proposes to revise the format of the grade charts in the

standards for Malting barley and Barley. These revisions serve to

improve the readability of the grade tables.

Inspection Plan Tolerances

Shiplots, unit trains, and lash barge lots are inspected by a

statistically based inspection plan (55 FR 24030; June 13, 1990).

Inspection tolerances, commonly referred to as breakpoints, are used to

determine acceptable quality. The proposed changes to the barley

standards require revisions to some breakpoints. Therefore, GIPSA

proposes to amend the breakpoint for dockage from 0.47 to 0.23. GIPSA

also proposes to establish new range limits as specified by contracts

and new breakpoints for heat-damaged kernels, damaged kernels, foreign

material, thin barley, other grains, and wild oats in the standards.

Proposed Action

GIPSA proposes to revise Sec. 800.86, Inspection of shiplot, unit

train, and lash barge grain in single lots, paragraph (c)(2), Table 1,

by combining the factors and limits from Table 2 onto a single table

and amending the title. GIPSA also proposes to: (1) Delete the U.S. No.

1 ``Choice'' grade designation from the malting standards and create

four numerical grade categories; (2) establish a minimum 43.0 pound

test weight limit with a breakpoint of -0.5 for No. 4 Six-rowed Malting

barley; (3) establish a minimum 95.0 percent suitable malting type

limit with a breakpoint of -1.3 for No. 4 Six-rowed Malting barley; (4)

establish a minimum 87.0 percent sound barley limit with a breakpoint

of 1.9 for No. 4 Six-rowed Malting barley; (5) apply current limits for

damaged kernels to Two-rowed Malting barley and establish a maximum 5.0

percent damaged kernels grade limit with a breakpoint of 1.3 for barley

meeting the No. 4 malting grade requirements; (6) establish foreign

material limits at 0.5 percent with a breakpoint of 0.1, 1.0 percent

with a breakpoint of 0.4, 2.0 percent with a breakpoint 0.5, and 3.0

percent with a breakpoint of 0.6, in grade Nos. 1, 2, 3, and 4,

respectively; (7) apply current limits for wild oats to Six-rowed

Malting barley; (8) apply present limits for other grains to two-rowed

malting types and establish a maximum 4.0 percent grade limit with a

breakpoint of 1.0 for barley meeting the No. 3 malting grade

requirements; (9) establish a maximum 10.0 percent skinned and broken

kernel limit with a breakpoint of 1.6 for No. 4 Six-rowed Malting

barley; and (10) establish a maximum 15.0 percent thin barley grade

limit with a breakpoint of 0.9 for No. 4 Six-rowed Malting barley.

GIPSA also proposes to incorporate other malting factor grade limits

and breakpoints (i.e., injured-by-frost, injured-by-heat, frost-

damaged, heat-damaged, and kernel texture) from Table 4 onto Table 1

without any change in requirements.

GIPSA further proposes to reserve Table 2 for future use. In

addition, the grade limits and breakpoints for damaged kernels, heat-

damaged kernels, foreign material, and thin barley are deleted from

Table 3; however, these factors are being moved to Table 4. Also, the

footnote that limits barley which is badly stained or materially

weathered to grade not higher than U.S. No. 4 is deleted.

Additionally, GIPSA proposes to amend Table 4 by establishing a

breakpoint of 0.23 for dockage at any level. GIPSA also proposes to

allow buyers and sellers of barley, excluding malting types, to specify

contractually the appropriate level of heat-damaged kernels, damaged

kernels, foreign material, thin barley, other grains, and wild oats.

FGIS proposes to include range limits with breakpoints for these

factors in Table 4 as follows:

Table 4.--Factors, Range Limits, and Breakpoints for Barley

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

Factor Range limit Breakpoint

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

Heat damage.................................. 0.0-0.5...... 0.1

Do....................................... 0.6-1.0...... 0.2

Do....................................... 1.1-2.5...... 0.3

Do....................................... 2.6-3.0...... 0.4

Do....................................... 3.1-3.5...... 0.5

Do....................................... Above 3.5.... 0.6

[[Page 15079]]

Damage kernels............................... 0.0-1.0...... 0.3

Do....................................... 1.1-2.0...... 0.4

Do....................................... 2.1-3.0...... 0.5

Do....................................... 3.1-4.0...... 0.6

Do....................................... 4.1-5.0...... 0.7

Do....................................... Above 5.0.... 0.9

Foreign material............................. 0.0-0.5...... 0.1

Do....................................... 0.6-1.5...... 0.2

Do....................................... 1.6-2.5...... 0.3

Do....................................... 2.6-3.5...... 0.4

Do....................................... 3.6-4.5...... 0.5

Do....................................... Above 4.5.... 0.6

Thin barley.................................. 0.0-2.5...... 0.5

Do....................................... 2.6-4.5...... 0.6

Do....................................... 4.6-6.5...... 0.7

Do....................................... 6.6-8.5...... 0.8

Do....................................... 8.6-11.0..... 0.9

Do....................................... Above 11.0... 1.0

Other grains................................. 0.0-0.5...... 0.4

Do....................................... 0.6-1.5...... 0.5

Do....................................... 1.6-2.5...... 0.6

Do....................................... 2.6-3.5...... 0.7

Do....................................... 3.6-4.5...... 0.8

Do....................................... 4.6-5.5...... 0.9

Wild Oats.................................... 0.0-0.5...... 0.4

Do....................................... 0.6-1.5...... 0.5

Do....................................... 1.6-2.5...... 0.6

Do....................................... 2.6-3.5...... 0.7

Do....................................... 3.6-4.5...... 0.8

Do....................................... Above 4.5.... 1.0

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

GIPSA also proposes to amend section Sec. 800.162 by redesignating

paragraph (b) Cargo shipments as (c) and adding a new paragraph (b)

Barley.

Reference

(1) U.S. Department of Agriculture in cooperation with the Colorado

Agricultural Statistics Service; ``1992 Colorado Barley Varieties.''

Published by the Colorado Agricultural Statistics Service; Lakewood,

Colorado.

List of Subjects in 7 CFR Part 800

Administrative practice and procedure, Export, Grain.

7 CFR Part 810

Export, Grain.

For reasons set forth in the preamble, 7 CFR part 800 and 7 CFR

part 810 are proposed to be amended as follows:

PART 800--GENERAL REGULATIONS

1. The authority citation for Part 800 continues to read as

follows:

Authority: Pub. L. 94-582, 90 Stat. 2867, as amended (7 U.S.C.

71 et seq.).

2. Section 800.86 (c)(2) Table 2 is removed and reserved and Tables

1, 3, and 4 are revised to read as follows:

Sec. 800.86 Inspection of shiplot, unit train, and lash barge grain in

single lots.

* * * * *

(c) * * *

(2) * * *

Table 1.--Grade Limits (GL) and Breakpoints (BP) for Malting Barley

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

Minimum limits of--

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

Test weight (pounds) Suitable malting types Sound barley\1\ (percent) Kernel

---------------------------- (percent) ---------------------------- texture

Grade ---------------------------- (percent)

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

Six-rowed Two-rowed Six-rowed Two-rowed Six-rowed Two-rowed Six-rowed

only

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

GL BP GL BP GL BP GL BP GL BP GL BP GL BP

U.S. No. 1............................................ 47.0 -0.5 50.0 -0.5 95.0 -1.3 97.0 -1.0 97.0 -1.0 98.0 -0.8 90.0 -1.3

U.S. No. 2............................................ 45.0 -0.5 48.0 -0.5 95.0 -1.3 97.0 -1.0 94.0 -1.4 98.0 -0.8 90.0 -1.3

U.S. No. 3............................................ 43.0 -0.5 48.0 -0.5 95.0 -1.3 95.0 -1.3 90.0 -1.6 96.0 -1.1 90.0 -1.3

U.S. No. 4............................................ 43.0 -0.5 48.0 -0.5 95.0 -1.3 95.0 -1.3 87.0 -1.9 93.0 -1.1 90.0 -1.3

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

Maximum limits of--

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

Skinned and broken kernels Thin barley (percent)

Grade Damaged\1\ Foreign Wild oats Other grains (percent) ---------------------------

kernels material (percent) (percent) ----------------------------

(percent) (percent) Six-rowed Two-rowed Six-rowed Two-rowed

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

GL BP GL BP GL BP GL BP GL BP GL BP GL BP GL BP

U.S. No. 1.............................. 2.0 0.8 0.5 0.1 1.0 0.6 2.0 0.8 4.0 1.1 5.0 1.3 7.0 0.6 5.0 0.4

U.S. No. 2.............................. 3.0 0.9 1.0 0.4 1.0 0.6 3.0 0.9 6.0 1.4 7.0 1.3 10.0 0.9 7.0 0.5

U.S. No. 3.............................. 4.0 1.1 2.0 0.5 2.0 0.8 4.0 1.0 8.0 1.5 10.0 1.8 15.0 0.9 10.0 0.9

U.S. No. 4.............................. 5.0 1.3 3.0 0.6 3.0 0.9 5.0 1.3 10.0 1.6 10.0 1.8 15.0 0.9 10.0 0.9

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

Frost- Injured-by- Injured-by- Injured-by-

Grade damaged frost Heat-damaged heat Mold-damaged mold

(percent) (percent) (percent) (percent) (percent) (percent)

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

GL BP GL BP GL BP GL BP GL BP GL BP

U.S. Nos. 1, 2, 3, & 4...... 0.4 0.05 1.9 0.1 0.1 0.1 0.2 0.04 0.4 0.05 1.9 0.1

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

\1\Injured-by-frost and injured-by-mold kernels are not considered damaged kernels or count as a deduction

against sound barley.

Note: Malting barley shall not be infested in accordance with

Sec. 810.107 (b) and shall not contain any special grades as defined

in Sec. 810.206. Six- and Two-rowed barley varieties not meeting the

above requirements shall be graded in accordance with standards

established for the class Barley. [[Page 15080]]

Table 2 [Reserved]

Table 3.--Grade Limits (GL) and Breakpoints (BP) for Barley

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

Minimum limits of-- Maximum limits

-------------------------------- of broken

Grade Test weight Sound barley kernels

(pounds) (percent) (percent)

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

GL BP GL BP GL BP

U.S. No. 1.............. 47.0 -0.5 97.0 -1.1 4.0 1.0

U.S. No. 2.............. 45.0 -0.5 94.0 -1.4 8.0 1.0

U.S. No. 3.............. 43.0 -0.5 90.0 -1.6 12.0 1.8

U.S. No. 4.............. 40.0 -0.5 85.0 -2.2 18.0 1.8

U.S. No. 5.............. 36.0 -0.5 75.0 -2.2 28.0 2.4

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

Table 4.--Breakpoints for Barley Special Grades and Factors

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

Special grade or factor Grade or range limit Breakpoint

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

Dockage................................. As specified by contract or load order grade.......... 0.23

Two-rowed Barley........................ Not more than 10.0% of Six-rowed in Two-rowed......... 1.8

Six-rowed Barley........................ Not more than 10.0% of Two-rowed in Six-rowed......... 1.8

Smutty.................................. More than 0.20%....................................... 0.06

Garlicky................................ 3 or more in 500 grams................................ 2\1/3\

Ergoty.................................. More than 0.10%....................................... 0.13

Infested................................ Same as in Sec. 810.107............................... 0

Blighted................................ More than 4.0%........................................ 1.1

Heat-damaged kernels.................... 0.0 - 0.5............................................. 0.1

0.6 - 1.0............................................. 0.2

1.1 - 2.5............................................. 0.3

2.6 - 3.0............................................. 0.4

3.1 - 3.5............................................. 0.5

Above 3.5............................................. 0.6

Damaged kernels......................... 0.0 - 1.0............................................. 0.3

1.1 - 2.0............................................. 0.4

2.1 - 3.0............................................. 0.5

3.1 - 4.0............................................. 0.6

4.1 - 5.0............................................. 0.7

Above 5.0............................................. 0.9

Foreign material........................ 0.0 - 0.5............................................. 0.1

0.6 - 1.5............................................. 0.2

1.6 - 2.5............................................. 0.3

2.6 - 3.5............................................. 0.4

3.6 - 4.5............................................. 0.5

Above 4.5............................................. 0.6

Thin barley............................. 0.0 - 2.5............................................. 0.5

2.6 - 4.5............................................. 0.6

4.6 - 6.5............................................. 0.7

6.6 - 8.5............................................. 0.8

8.6 - 11.0............................................ 0.9

Above 11.0............................................ 1.0

Other grains............................ 0.0 - 0.5............................................. 0.4

0.6 - 1.5............................................. 0.5

1.6 - 2.5............................................. 0.6

2.6 - 3.5............................................. 0.7

3.6 - 4.5............................................. 0.8

4.6 - 6.0............................................. 0.9

Wild oats............................... 0.0 - 0.5............................................. 0.4

0.6 - 1.5............................................. 0.5

1.6 - 2.5............................................. 0.6

2.6 - 3.5............................................. 0.7

3.6 - 4.5............................................. 0.8

Above 4.5............................................. 1.0

Moisture................................ As specified by contract or load order grade.......... 0.5

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

* * * * *

3. Section 800.162, paragraph (b) is revised and (c) is added to

read as follows:

Sec. 800.162 Certification of grade; special requirements.

* * * * *

(b) Barley. Each official certificate for grade shall show, in

addition to the requirements of paragraphs (a) and (c) of this section,

the percent of thin barley.

(c) Cargo shipments. Each official certificate for grade

representing a cargo shipment shall show, in addition to the

requirements of paragraphs (a) and (b) of this section, the results of

all official grade factors defined in the Official

[[Page 15081]] United States Standards for Grain for the type of grain

being inspected.

* * * * *

PART 810--OFFICIAL UNITED STATES STANDARDS FOR GRAIN

4. The authority citation for Part 810 continues to read as

follows:

Authority: Pub. L. 94-582, 90 Stat. 2867, as amended (7 U.S.C.

71 et seq.).

5. and 6. Section 810.104, paragraph (b), is amended by revising

the first and second sentences to read as follows:

Subpart A--General Provisions

* * * * *

Sec. 810.104 Percentages.

* * * * *

(b) Recording. The percentage of dockage in flaxseed, rye, and

sorghum are reported in whole percent with fractions of a percent being

disregarded. Dockage in barley and triticale is reported in whole and

half percent with a fraction less than one-half percent being

disregarded. * * *

7. Section 810.202, paragraph (c) is revised; paragraph (s) is

removed; paragraph (t) is revised and redesignated as (s); paragraph

(u) is revised and redesignated as (t); paragraph (v) is redesignated

as (u) to read as follows:

Sec. 810.202 Definition of other terms.

* * * * *

(c) Classes. There are two classes of barley: Malting barley and

Barley.

(1) Malting barley. Barley of a six-rowed or two-rowed malting

type. The class Malting barley is divided into the following three

subclasses:

(i) Six-rowed Malting barley. Barley that has a minimum of 95.0

percent of a six-rowed suitable malting type that has 90.0 percent or

more of kernels with white aleurone layers that contains not more than:

1.9 percent injured-by-frost kernels, 0.4 percent frost-damaged

kernels, 0.2 percent injured-by-heat kernels, 0.1 percent heat-damaged

kernels, 1.9 percent injured-by-mold kernels, and 0.4 percent mold-

damaged kernels. Six-rowed Malting barley shall not be infested,

blighted, ergoty, garlicky, or smutty as defined in Sec. 810.107(b) and

Sec. 810.206.

(ii) Six-Rowed Blue Malting barley. Barley that has a minimum of

95.0 percent of a six-rowed suitable malting type that has 90.0 percent

or more of kernels with blue aleurone layers that contains not more

than: 1.9 percent injured-by-frost kernels, 0.4 percent frost-damaged

kernels, 0.2 percent injured-by-heat kernels, 0.1 percent heat-damaged

kernels, 1.9 percent injured-by-mold kernels, and 0.4 percent mold-

damaged kernels. Six-rowed Blue Malting barley shall not be infested,

blighted, ergoty, garlicky, or smutty as defined in Sec. 810.107(b) and

Sec. 810.206.

(iii) Two-rowed Malting barley. Barley that has a minimum of 95.0

percent of a two-rowed suitable malting type that contains not more

than: 1.9 percent injured-by-frost kernels, 0.4 percent frost-damaged

kernels, 0.2 percent injured-by-heat kernels, 0.1 percent heat-damaged

kernels, 1.9 percent injured-by-mold kernels, and 0.4 percent mold-

damaged kernels. Two-rowed Malting barley shall not be infested,

blighted, ergoty, garlicky, or smutty as defined in Sec. 810.107(b) and

Sec. 810.206.

(2) Barley. Any barley of a six-rowed or two-rowed type. The class

Barley is divided into the following three subclasses:

(i) Six-rowed barley. Any Six-rowed barley with white hulls that

contains not more than 10.0 percent of two-rowed varieties.

(ii) Two-rowed barley. Any Two-rowed barley with white hulls that

contains not more than 10.0 percent of six-rowed varieties.

(iii) Barley. Any barley that does not meet the requirements for

the subclasses Six-rowed barley or Two-rowed barley.

* * * * *

(s) Suitable malting type. Varieties of malting barley that are

recommended by the American Malting Barley Association and any other

proprietary malting type(s) used by the malting and brewing industry.

The recommended varieties are listed in FGIS instructions.

(t) Thin barley. Thin barley shall be defined for the appropriate

class as follows:

(1) Malting barley. Six-rowed Malting barley that passes through a

\5/64\ x \3/4\ slotted-hole sieve and Two-rowed Malting barley which

passes through a 5.5/64 x \3/4\ slotted-hole sieve in accordance with

procedures prescribed in FGIS instructions.

(2) Barley. Six-rowed barley, Two-rowed barley, or barley that

passes through a \5/64\ x \3/4\ slotted-hole sieve in accordance with

procedures prescribed in FGIS instructions.

* * * * *

8. Section 810.204 is revised to read as follows:

Sec. 810.204 Grades and grade requirements for malting barley.

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

Grades U.S. Nos.

Grading factors ---------------------------------------------------

1 2 3 4

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

Minimum limits of:

Test weight:

Six-rowed... 47.0 45.0 43.0 43.0

Two-rowed... 50.0 48.0 48.0 48.0

Minimum percent

limits of:

Suitable malting

types:

Six-rowed... 95.0 95.0 95.0 95.0

Two-rowed... 97.0 97.0 95.0 95.0

Sound Barley:\1\

Six-rowed... 97.0 94.0 90.0 87.0

Two-rowed... 98.0 98.0 96.0 93.0

Kernel Texture:

Six-rowed

(only)..... 90.0 90.0 90.0 90.0

Maximum percent

limits of:

Damaged kernels

total\1\....... 2.0 3.0 4.0 5.0

Malting factors:

Frost damage 0.4 0.4 0.4 0.4

Injured-by-

frost...... 1.9 1.9 1.9 1.9

Heat damage. 0.1 0.1 0.1 0.1

Injured-by-

heat....... 0.2 0.2 0.2 0.2

Mold damage. 0.4 0.4 0.4 0.4

Injured-by-

mold....... 1.9 1.9 1.9 1.9

[[Page 15082]]

Foreign material 0.5 1.0 2.0 3.0

Wild oats... 1.0 1.0 2.0 3.0

Other grains 2.0 3.0 4.0 5.0

Skinned and

broken kernels:

Six-rowed... 4.0 6.0 8.0 10.0

Two-rowed... 5.0 7.0 10.0 10.0

Thin barley:

Six-rowed... 7.0 10.0 15.0 15.0

Two-rowed... 5.0 7.0 10.0 10.0

Stones...... 0.2 0.2 0.2 0.2

Maximum count limits

of:\2\

Other material:

Animal filth 9 9 9 9

Castor beans 1 1 1 1

Cockleburs.. 7 7 7 7

Crotalaria

seeds...... 2 2 2 2

Glass....... 1 1 1 1

Stones...... 7 7 7 7

Unknown

foreign

substance.. 3 3 3 3

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

\1\Injured-by-frost and injured-by-mold kernels are not considered

damaged kernels or count as a deduction against sound barley.

\2\Determined on a representative sample before the removal of dockage,

except for stones. Determine stones on a dockage-free sample.

Malting barley shall not be infested in accordance with

Sec. 810.107(b) and shall not contain any special grades as defined in

Sec. 810.206. Six- and Two-rowed barley varieties not meeting the above

requirements shall be graded in accordance with standards established

for the class Barley.

9. Section 810.205 is removed and Sec. 810.206 is redesignated as

810.205 and revised to read as follows:

Sec. 810.205 Grades and Grade Requirements for Barley.

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

Grades U.S. Nos.

Grading factor ----------------------------------------------------------------

1 2 3 4 5

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

Minimum limits of:

Test weight................................ 47.0 45.0 43.0 40.0 36.0

Minimum percent limits of:

Sound barley\1\............................ 97.0 94.0 90.0 85.0 75.0

Maximum percent limits of:

Broken kernels............................. 4.0 8.0 12.0 18.0 28.0

Stones..................................... 0.2 0.2 0.2 0.2 0.2

Maximum count limits of:\2\

Other material:

Animal filth........................... 9 9 9 9 9

Castor beans........................... 1 1 1 1 1

Cockleburs............................. 7 7 7 7 7

Crotalaria seeds....................... 2 2 2 2 2

Glass.................................. 1 1 1 1 1

Stones................................. 7 7 7 7 7

Unknown foreign substance.............. 3 3 3 3 3

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

\1\Injured-by-frost and injured-by-mold kernels are not considered damaged kernels or count as a deduction

against sound barley.

\2\Determined on a representative sample before the removal of dockage, except for stones. Determine stones on a

dockage-free sample.

U.S. Sample grade shall be barley that: (a) does not meet the

requirements for the grades U.S. Nos. 1, 2, 3, 4, or 5; (b) has a

musty, sour, or commercially objectionable foreign odor; or (c) is

heating or of distinctly low quality.

Sec. 810.20 [Redesignated as Sec. 810.206]

10. Section 810.207 is redesignated as 810.206.

Dated: March 15, 1995.

James R. Baker,

Administrator, Grain Inspection, Packers and Stockyards Administration.

[FR Doc. 95-6905 Filed 3-21-95; 8:45 am]

BILLING CODE 3410-EN-P