United States Standards for Grades of Frozen Cauliflower

SUMMARY: The purpose of this final rule is to revise the current

voluntary U.S. Standards for Grades of Frozen Cauliflower. This rule

was developed by the Department of Agriculture (USDA) at the request of

the American Frozen Food Institute (AFFI) and the National Food

Processors Association (NFPA). Its effect will 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.

EFFECTIVE DATE: September 26, 1996.

FOR FURTHER INFORMATION CONTACT: James R. Rodeheaver, Processed

Products Branch, Fruit and Vegetable Division, Agricultural Marketing

Service, U.S. Department of Agriculture, P.O. Box 96456, Room 0709,

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

SUPPLEMENTARY INFORMATION: The USDA 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 Agricultural Marketing

Service, has considered the economic impact on small entities.

The Agricultural Marketing Service (AMS) 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.

The proposed changes reflect current marketing practices. The use of

these standards is voluntary. A small entity may avoid incurring any

additional economic impact by not employing the standards.

This final rule has been reviewed under Executive Order 12988,

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 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. They requested that the draft 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.

They also requested that the revised standards assign individual

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

referred to as ``individual attributes,'' will 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 draft also incorporated 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'') will 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 will 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 will replace the textual

descriptions. These changes were intended to facilitate better

understanding and more uniform application of the grade standards.

Proposed Rule

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

Cauliflower was published in the Federal Register on November 24, 1995

(60 FR 57958). A proposal to revise the U.S. Standards for Grades of

Frozen Cauliflower was previously published in the Federal Register on

January 11, 1993 (58 FR 3816). A reopening and extension of the comment

period to December 31, 1993, for the at proposal was published in the

Federal Register on May 25, 1993 (58 FR 29985).

There were no public comments received during the comment period

for the first proposal. However, USDA received comments from Patterson

Frozen Foods, Inc. and AFFI regarding the proposal, after the extended

comment period closed.

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

[[Page 43940]]

marketplace. USDA agreed 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'' will 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 agreed 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 to better reflect industry practices.

USDA disagreed with the elimination of the minimum size requirement

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

``appearance'' was incorporated into the reproposal 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 the reproposal.

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 initial proposal. The AQL's

and acceptance numbers in Table II were adjusted to reflect the

finding.

AFFI and Patterson Frozen Foods asked that the definitions for

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

in the revision. USDA agreed that maintaining the same definitions for

``ricey'' and ``fuzzy'' will 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 will be less

confusing and more accurate. USDA agreed 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 revision. USDA agreed with the change and incorporated it. The

incorporated changes from the inspection criteria will 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 commenters 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.'' USDA agreed with these changes

and incorporated them into the revision.

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 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 USDA has adjusted the

tolerances for ``soft character'' and ``ricey character'' and

incorporated them into the revision.

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

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

with the 8 percent tolerance for ``total color defects.'' We did not

agree, however, with the change in the tolerance for ``major color

defects.'' Such a change will present 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. USDA agreed with this change and incorporated it in

the 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 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 supported publishing another proposed rule that was

published in the Federal Register (60 FR 57958) on November 24, 1995,

with a 60 day comment period. In response to that proposed rule the

only comment received was from AFFI, which agreed with this revision.

Accordingly, this final rule will modify the standards to a simplified

easy-to-use format, consistent with recent revisions of other U.S.

grade standards, with definitions of terms and easy-to-read tables that

will replace the textual descriptions. This final rule is intended to

facilitate better understanding and more uniform application of the

grade standards.

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, 7 CFR part 52 is amended

to read as follows:

PART 52--PROCESSED FRUITS AND VEGETABLES, PROCESSED PRODUCTS

THEREOF, AND CERTAIN OTHER PROCESSED FOOD PRODUCTS \1\

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

\1\ Among such other processed food products are 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.

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

1. The authority citation for part 52 is revised to read as

follows:

[[Page 43941]]

Authority: 7 U.S.C. 1621-1627.

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 classified 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;

(3) Has a good appearance; and

(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;

(3) Has a good appearance; and

(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.

(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

[[Page 43942]]

(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 Characteer................................................ 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

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

[[Page 43943]]

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 requirements for style in Sec. 52.723 and the Acceptable

Quality Levels (AQL's) in Tables I & II in Sec. 52.727, as applicable,

are not exceeded.

Dated: August 21, 1996.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 96-21783 Filed 8-26-96; 8:45 am]

BILLING CODE 3410-02-P