[Federal Register: October 18, 2005 (Volume 70, Number 200)]
[Notices]
[Page 60486-60487]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18oc05-25]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Docket Number FV-04-308]
United States Standards for Grades of Sweet Peppers
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice.
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SUMMARY: The Agricultural Marketing Service (AMS) of the Department of
Agriculture (USDA) is revising the United States Standards for Grades
of Sweet Peppers. The revision will allow sweet peppers to be marketed
as mixed varieties and/or colors when marked with more than one variety
or color on the container. The decay tolerance will be revised to
include only those sweet peppers which are affected by decay on the
wall and/or calyx. Decay affecting only stems will no longer fall under
the restricted decay tolerance. It will be scored against the five
percent serious damage tolerance for U.S. Fancy and U.S. No 1 grades
and against the five percent restrictive tolerance for the U.S. No. 2
grade. The requirement to designate peppers which fail to meet the
color requirements of their respective grades or respective (color
specified) grade will be made optional. The ``Unclassified'' section
will be deleted. The purpose for this revision is to update and revise
the standards to accurately represent today's marketing practices.
DATES: Effective Date: November 17, 2005.
FOR FURTHER INFORMATION CONTACT: Cheri Emery, Standardization Section,
Fresh Products Branch, Fruit and Vegetable Programs, Agricultural
Marketing Service, U.S. Department of Agriculture, 1400 Independence
[[Page 60487]]
Avenue, SW., Room 1661 South Building, STOP 0240, Washington, DC 20250-
0240, Fax (202) 720-8871 or call (202) 720-2185; E-mail
Cheri.Emery@usda.gov. The revised United States Standards for Grades of
Sweet Peppers will be available either through the address cited above
or by accessing the Fresh Products Branch website at http://www.ams.usda.gov/standards/stanfrfv.htm
.
SUPPLEMENTARY INFORMATION: Section 203(c) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1621-1627), as amended, directs and authorizes
the Secretary of Agriculture ``To develop and improve standards of
quality, condition, quantity, grade and packaging and recommend and
demonstrate such standards in order to encourage uniformity and
consistency in commercial practices.'' The Agricultural Marketing
Service (AMS) is committed to carrying out this authority in a manner
that facilitates the marketing of agricultural commodities and makes
copies of official standards available upon request. The United States
Standards for Grades of Fruits and Vegetables not connected with
Federal Marketing Orders or U.S. Import Requirements, no longer appear
in the Code of Federal Regulations, but are maintained by USDA/AMS/
Fruit and Vegetable Programs.
AMS is revising the voluntary U.S. Standards for Grades of Sweet
Peppers using procedures that appear in Part 36 Title 7 of the Code of
Federal Regulations (7 CFR part 36). These standards were last revised
in 1989.
Background
On June 15, 2004, AMS published a notice in the Federal Register
(69 FR 33345) soliciting comments on the possible revision to the
United States Standards for Grades of Sweet Peppers. AMS received three
comments in response to the notice. Two comments were in favor of
revising the decay tolerance. The decay tolerance will be revised to
include only those sweet peppers which are affected by decay on the
wall and/or calyx. Decay affecting only stems will no longer fall under
the restricted two percent decay tolerance, it will be scored against
the five percent serious damage tolerance for U.S. Fancy and U.S. No 1
grades and against the five percent restrictive tolerance for the U.S.
No. 2 grade. The third comment was not in favor of changing the decay
tolerance. In addition, this commenter requested changes for sizing and
color issues within the standard.
A second notice was published in the March 11, 2005, Federal
Register (70 FR 12176-7) based on three comments received from the
first notice. AMS received two comments in response to the second
notice. One comment was in favor of the proposed revision to the
standards changing the scoring of decay by separating stem decay from
decay affecting the walls and/or calyxes. The other comment was opposed
to those changes. The comments are available by accessing AMS's Home
Page on the Internet at http://www.ams.usda.gov/fv/fpbdocketlist.htm.
One comment from an industry association which represents growers,
packers and shippers, is in favor of the revision to the decay
tolerance. The commenter stated the change will have a positive impact
on the marketing of sweet peppers.
One comment opposing the revision to the decay tolerance stated
that all decay has a serious negative impact on the appearance and
marketability of the product and requested not to change the decay
scoring and reporting. The commenter also stated that decay affecting
the stems, walls, and calyxes should be scored against any grade
(requirements and tolerances). AMS has reviewed stem decay affecting
various commodities and believes the proposed changes would bring sweet
peppers in line with other grade standards with respect to stem decay.
Decay affecting the stem only does not affect the edible portion of the
sweet pepper, and does not affect the marketability to the same degree
as decay affecting the wall and/or calyx. AMS believes a revision to
the decay tolerance is warranted to best serve the industry.
Current marketing practices for specialty packs which include mixed
varieties and/or colors of sweet peppers would not meet the similar
varietal characteristic requirements for all grades in the standards.
Accordingly, AMS is revising the similar varietal requirement to allow
mixed varieties and/or colors of sweet peppers when containers are
marked with more than one variety and/or color.
AMS will also eliminate the unclassified category. This section is
not a grade and only serves to show that no grade has been applied to
the lot. This section will be removed from all fresh fruit and
vegetable standards. It is no longer considered necessary.
AMS requested comments on industry terms for size based on 1\1/9\
bushel containers. AMS received a comment in favor of developing size
requirements. The commenter also requested size definitions (small,
medium, large, extra large and jumbo) for peppers packed in 1\1/9\
bushel containers which are based on a count per container, as well as
minimum diameters and lengths for each category. Further, the commenter
requested marking requirements which would require cartons to be marked
by count and/or size. AMS is not changing the current size
requirements. The commenter's study submitted was based on only twenty-
two cartons that contained five size categories. A greater number of
statistical samples of each size would need to be submitted for
consideration. Further, AMS believes it would be impractical to apply
such requirements due to the various varietal characteristics of sweet
peppers regarding shape and size, and the lack of a standardized
container within the industry.
The official grade of a lot of sweet peppers covered by these
standards are determined by the procedures set forth in the Regulations
Governing Inspection, Certification, and Standards of Fresh Fruits,
Vegetables and Other Products (Sec. 51.1 to 51.61).
The U.S. Standards for Grades of Sweet Peppers will become
effective 30 days after publication of this notice in the Federal
Register.
Authority: 7 U.S.C. 1621-1627.
Dated: October 13, 2005.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. 05-20860 Filed 10-17-05; 8:45 am]
BILLING CODE 3410-02-P