Table Grapes (European or Vinifera Type); Grade Standards

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

of Table Grapes (European or Vinifera Type). This rule lowers the

present minimum bunch size and provides a separate tolerance for off-

size bunches for the U.S. No. 1 Institutional grade only. It also

includes a technical update which would revise the reference to Arizona

and California State maturity regulations.

EFFECTIVE DATE: April 18, 1996. The incorporation by reference of

certain publications listed in the regulations has been approved by the

Director of the Federal Register as of April 18, 1996.

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 D.C. 20090-

6456, (202) 720-2185.

SUPPLEMENTARY INFORMATION: The Department of Agriculture (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 substantial number of

small entities. This final rule revising the U.S. Standards for Grades

of Table Grapes (European or Vinifera Type) 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.

This final rule has been reviewed under Executive Order 12778,

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

effect. This proposed rule will not preempt any State or local laws,

regulations, or policies, unless they present an irreconcilable

conflict with this rule. There are no administrative procedures which

must be exhausted prior to any judicial challenge to the provisions of

this rule.

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 United States Standards for Grades of Table Grapes (European or

Vinifera Type) was revised in April 1991. This revision established a

new grade, U.S. No. 1 Institutional. This grade--used in sales to

restaurant and other food service concerns--provides for grape lots

which have very small bunch sizes. In recent years, new marketing and

packaging techniques have developed very small, individual consumer

size servings of grapes. Under previous grade requirements these

``single serving'' type grape bunches were too small to meet any U.S.

grade. Therefore, the Department developed, at the request of the table

grape industry, a separate grade reflecting today's modern marketing

and packaging methods for the growing food service market while

preserving the integrity of the ``regular'' fresh pack grades for

grapes sold to consumers in supermarkets and other retail outlets.

Thus, grades for two different types of pack could be contained in one

standard allowing the grades to share common characteristics while at

the same time maintaining grades for two distinct types (packs) of

table grapes.

This portion of the final rule concerns only the institutional pack

and not the ``regular'' fresh pack grades. Growers and shippers of the

institutional pack type table grape represented by the California Grape

and Tree Fruit League (CGTFL) requested a revision to the institutional

grade only, to address a new market which is emerging that would

utilize extremely small clusters and/or bunches of grapes. According to

the CGTFL, these buyers typically want a smaller grouping of grapes

than is allowed under the current two ounce minimum bunch size

requirement in the institutional grade. As an example, certain

restaurant chains presently garnish some of their plates with

institutional pack grapes, but must cut the existing small bunches to

even smaller clusters of grapes (as little as two berries to a cluster)

to fit their particular needs. Changing this minimum bunch requirement

on the U.S. No. 1 Institutional grade allows the industry to develop

contract specifications and otherwise use the U.S. grade to satisfy

that growing segment of the restaurant and food service industry market

that utilizes grapes as a garnish.

A proposed rule was issued to address this change as well as other

changes. Docket Number FV-94-301 was published in the Federal Register

as a proposed rule on March 15, 1995, [Vol. 60, No. 50, Pages 13926-

13928]. A comment period of sixty days was issued which closed on May

15, 1995.

A total of seven comments were received pertaining to this specific

issue. Six of these comments, from growers/shippers, a receivers' trade

association, and a growers' trade association, were in favor of the

proposed change. A receiver commented against the proposed change but

offered no other explanation other than ``At this time I am pleased

with the current situation.'' AMS is of the view that the changes as

concerning U.S. No. 1 Institutional, will more efficiently serve the

industry which produces ``institutional type'' table grapes.

Therefore, this final rule changes Section 51.885 U.S. No. 1

Institutional to resemble Section 51.884 (the format for U.S. No. 1

Table), except for the elimination of straggliness requirements and

trimming away of defective berries for bunches, by providing a lower

size designation from the previous minimum of two ounces to the new

minimum requirement of a two berry cluster. The opening paragraph of

the institutional grade requirement section reads as follows: ``` U.S.

No. 1 Institutional' grapes must have no less than 95 percent of the

containers in the lot

[[Page 11126]]

legibly marked `Institutional Pack.' Further requirements for this

grade include grapes which consist of clusters and/or bunches of well

developed grapes of one variety, except when designated as assorted

varieties, which are at least fairly well colored, uniform in

appearance when so specified in connection with the grade, and which

meet the following requirements:''

As mentioned above, the requirements will be the same as for U.S.

No. 1 Table except paragraph (b)(1) ``Not Straggly'' and (g)(4)

``Trimming away of defective berries'' will be omitted. Also, paragraph

(h)(2) includes size requirements for clusters and/or berries:

``(2) For clusters/bunches: In this grade grapes shall consist of

at least a two berry cluster ranging to clusters and/or bunches of

grapes not greater than five ounces in weight. See Section 51.913.''

The present Section 51.913, Metric Conversion Table, is

redesignated Section 51.914 and a new Section 51.913 is added to define

a cluster. Since grape bunches are normally thought of as a series of

grapes attached to small lateral stems which are in turn attached to a

common main stem, the term bunch does not seem entirely appropriate

when referring to two berries which share a common point of attachment.

Therefore, for the purpose of the U.S. No. 1 Institutional grade only,

Section 51.913 shall define a cluster as ``two or more berries sharing

a common point of attachment.''

In addition, Table Ia, Tolerances at Shipping Point for U.S. No. 1

Institutional Only, and Table IIa, Tolerances En Route or at

Destination for U.S. No. 1 Institutional Only, would be added. The

CGTFL requested that a separate tolerance of four percent be provided

for offsize clusters or bunches to maintain the integrity of the grade

in relation to size requirements. Presently, Tables I and II combine

both the offsize and remaining grade requirements in one tolerance

(eight percent for tolerances at shipping point, Table I, and 12

percent for tolerances en route or at destination, Table II). The

corresponding new tables, Table Ia and IIa for U.S. No. 1 Institutional

grade only, maintain an eight and twelve percent tolerance,

respectively, for remaining grade requirements but include a separate

tolerance of four percent for offsize clusters or bunches.

The proposed rule also included a technical change which is not

associated with the request pertaining to the U.S. No. 1 Institutional

grade. Presently, Sections 51.882 (i)(1)(ii) and 51.884 (i)(1)(i) make

reference to ``Superior Seedless'' as a varietal name. Representatives

of Sunworld International, Inc., California, have argued that

``Superior Seedless'' is a registered trademark name and not the

varietal name. ``Sugraone'' according to Sunworld, is the correct

varietal name.

The intent of AMS in proposing to change the wording to reflect

``sugraone'' as the varietal name was to correct what at first appeared

to be an incorrect reference in the text of these grade standards.

However, after reviewing the comments pertaining to the proposed change

and conducting further research on this question, AMS found that the

varietal name issue is a complicated one involving a number of

interests. The question concerning the appropriate varietal name for

the grape has been ongoing for several years, and has been the subject

of State proceedings.

AMS provides inspection and grading services and issues grade and

quality standards for commodities such as grapes. The agency does not

determine varietal names for such commodities. Therefore, based on the

above, the proposal to change the name ``Superior Seedless'' to

``Sugraone'' is withdrawn.

A total of ten comments were received pertaining to this specific

issue. Five comments from growers/shippers, receivers, and an European

import/export company were in favor of changing the reference in the

standard from Superior Seedless to Sugraone. Five comments from

growers/shippers, and receivers were against making this change.

Therefore, AMS has decided that no changes will be made to the text

when stating grade requirements for this particular variety at this

time. Sections 51.882, 51.884, and 51.885 and any other references to

this variety will remain unchanged from the present standard, using the

term ``Superior Seedless.''

In a separate, third area, as a technical change the paragraphs

incorporating text by reference to maturity requirements for grapes

grown in Arizona and California have been revised. Specifically,

Section 51.888 Maturity Requirements, has been revised to incorporate

by reference the latest Arizona table grape maturity requirements.

Therefore, it is no longer necessary to include each subsection of

Arizona regulations within the standard. This change will result in

deleting subsections (i), (ii)(A) through (E), and (iii). This

incorporation by reference was approved by the Director of the Federal

Register on August 25, 1995 in accordance with 5 U.S.C. 552(a) and 1

CFR part 51.

The latest reference to the Arizona standards became effective

January 6, 1994. This results in two changes concerning procedure: 1.)

The reference to Cardinals and Robins requiring at least 14.5 percent

soluble solids is removed, and 2.). Instead of sampling the least

mature grapes in any container for the maturity test, the least mature

grapes in a contiguous area of the container shall be sampled.

In addition, Paragraph 2 of this section is being revised to

reference the latest edition of the Administrative Code of California

(February 28, 1992). There are no apparent procedure changes as a

result of this change, however this does make the incorporation by

reference current.

List of Subjects in 7 CFR Part 51

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

Reporting and recordkeeping requirements, Trees, Vegetables.

For reasons set forth in the preamble, 7 CFR Part 51 shall be

amended as follows:

PART 51--[AMENDED]

1. The authority citation for Part 51 continues to read as follows:

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

2. Section 51.885 is revised to read as follows:

Sec. 51.885 U.S. No. 1 Institutional.

``U.S. No. 1 Institutional'' grapes must have no less than 95

percent of the containers in the lot legibly marked ``Institutional

Pack.'' Further requirements for this grade include grapes which

consist of clusters and/or bunches of well developed grapes of one

variety, except when designated as assorted varieties, which are at

least fairly well colored, uniform in appearance when so specified in

connection with the grade, and which meet the following requirements:

(a) Basic requirements for berries:

(1) Mature;

(2) Firm;

(3) Firmly attached to capstem;

(4) Not weak;

(5) Not materially shriveled at capstem;

(6) Not shattered;

(7) Not split or crushed;

(8) Not wet.

(b) Basic requirements for stems: Not weak, or dry and brittle.

(c) Berries free from:

(1) Decay;

(2) Waterberry;

(3) Sunburn.

(d) Stems free from:

(1) Mold;

[[Page 11127]]

(2) Decay.

(e) Berries not damaged by: Any other cause.

(f) Bunches not damaged by:

(1) Shot berries;

(2) Dried berries;

(3) Other defective berries;

(4) Any other cause.

(g) Stems not damaged by:

(1) Freezing;

(2) Any other cause.

(h) Size:

(1) For berries: Exclusive of shot berries and dried berries, 75

percent, by count, of the berries on each bunch shall have the minimum

diameters indicated for varieties as follows:

(i) Thompson Seedless, Perlette, Delight, Beauty Seedless, Superior

Seedless, Flame Seedless and other seedless varieties nine-sixteenths

of an inch.

(ii) Other varieties ten-sixteenths of an inch.

(2) For clusters/bunches: In this grade grapes shall consist of at

least a two berry cluster ranging to clusters and/or bunches of grapes

not greater than five ounces in weight. See Section 51.913.

(i) For tolerances see Section 51.886.

3. Section 51.886 is amended by revising the introductory text of

paragraph (b) and adding a new paragraph (c) to read as follows:

Sec. 51.886 Tolerances.

* * * * *

(b) In order to allow for variations incident to proper grading and

handling in each of the foregoing grades except U.S. No. 1

Institutional, tolerances, by weight, other than for maturity, are

provided as set forth in Tables I and II.

* * * * *

(c) In order to allow for variations incident to proper grading and

handling in the U.S. No. 1 Institutional grade only, tolerances, by

weight, other than for maturity, are provided as set forth in Tables Ia

and IIa of this section.

Table Ia.--Tolerances at Shipping Point for U.S. No. 1 Institutional

Grade Only \1\

[Percent]

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

Factor U.S. No. 1 institutional

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

(A) For clusters/bunches failing to meet 10.

color requirements.

(B) For clusters/bunches failing to meet 10.

requirements for minimum diameter of

berries.

(C) For offsize clusters/bunches........... 4.

(D) For clusters/bunches and berries 8.

failing to meet the remaining requirements

for the grade.

Including in (D):

(a) For serious damage................... 2

And, including in (a):

(i) For decay.............................. \1/2\ of 1.

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

\1\Shipping point, as used in these standards, 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.

Table IIa.--Tolerances En Route or at Destination for U.S. No. 1

Institutional Grade Only

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

U.S. No. 1

Factor institutional

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

(A) For clusters/bunches failing to meet color

requirements............................................ 10.

(B) For clusters/bunches failing to meet requirements for

minimum diameter of berries............................. 10.

(C) For offsize clusters/bunches......................... 4.

(D) For clusters/bunches and berries failing to meet the

remaining requirements for the grade.................... 12.

Including in (D):

(a) For permanent defects.............................. 8.

(b) For serious damage................................. 4.

And, including in (b):

(i) For serious damage by permanent defects........ 2.

(ii) For decay..................................... 1.

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

4. In Sec. 51.888 paragraph (a) is revised to read as follows:

Sec. 51.888 Maturity requirements.

(a) In the case of grapes grown in Arizona or California,

``mature'' means grapes in any lot shall meet the maturity requirements

for the variety as set forth in the applicable State Agricultural Laws

and Regulations referenced in this section. This incorporation by

reference was approved by the Director of the Federal Register in

accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be

obtained from, in the case of Arizona maturity regulations, Arizona

Department of Agriculture, Citrus, Fruit and Vegetable Standardization,

1688 W. Adams, Phoenix, AZ 85007 or in the case of California maturity

regulations, California Department of Food and Agriculture, Fruit and

Vegetable Quality Control, Standardization Section, 1220 N Street, P.O.

Box 942871, Sacramento, California 94271-0001 or copies of both

regulations may be inspected at USDA, AMS, F&VD, FPB, Standardization

Section, Room 2065-S, 14th and Independence Avenue, Washington, DC

20250 or at the Office of the Federal Register, Suite 700, 800 North

Capitol, Washington, DC.

(1) Arizona maturity regulations are contained in Chapter 4--Plant

Services Division, Article 7, Fruit And Vegetable Standardization,

Section R3-4-733 Table Grape Standards, Effective January 6, 1994.

(2) California maturity regulations are contained in The California

Code of Regulations, Title 3, Subchapter 4. Fresh Fruits, Nuts and

Vegetables, Article 25, Table Grapes and Raisins, February 28, 1992.

* * * * *

Sec. 51.913 [Redesignated as Sec. 51.914]

5. In Part 51, Subpart--United States Standards for Grades of Table

Grapes (European or Vinifera Type), Sec. 51.913 is redesignated as

Sec. 51.914 and a new Sec. 51.913 is added under the heading

``Definitions'' to read as follows:

Sec. 51.913 Clusters.

``Clusters'' as used in these standards in reference to the U.S.

No. 1 Institutional grade only shall be defined as two or more berries

sharing a common point of attachment.

Dated: March 11, 1996.

Lon Hatamiya,

Administrator.

[FR Doc. 96-6343 Filed 3-18-96; 8:45 am]

BILLING CODE 3410-02-P