[Federal Register: March 11, 2005 (Volume 70, Number 47)]
[Notices]
[Page 12172-12173]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11mr05-33]

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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Docket Number FV-04-311]


United States Standards for Grades of Kale

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice; request for public comment.

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SUMMARY: The Agricultural Marketing Service (AMS) of the Department of
Agriculture (USDA) is soliciting comments on it's proposal to revise
the United States Standards for Grades of Kale. This action is being
taken at the request of the Fruit and Vegetable Industry Advisory
Committee, which asked AMS to review the grade standards for possible
revision. AMS is proposing to revise the standards to allow percentages
to be determined by count rather than weight. AMS is also proposing to
revise the application of tolerances for packages which contain less
than 15 specimens. Additionally, based on a request from an industry
group, the North American Perishable Agriculture Receivers (NAPAR), AMS
is proposing to allow the standards to be used for kale leaves and
bunches of leaves in addition to kale plants. The proposed revision
would bring the standards for kale in line with current marketing
practices, thereby improving the usefulness in serving the industry.

DATES: Comments must be received by May 10, 2005.

ADDRESSES: Interested persons are invited to submit written comments to
the Standardization Section, Fresh Products Branch, Fruit and Vegetable
Programs, Agricultural Marketing Service, U.S. Department of
Agriculture, 1400 Independence Ave. SW., Room 1661, South Building,
Stop 0240, Washington, DC 20250-0240; Fax (202)

[[Page 12173]]

720-8871, E-mail FPB.DocketClerk@usda.gov.
    Comments should make reference to the dates and page number of this
issue of the Federal Register and will be made available for public
inspection in the above office during regular business hours. The
United States Standards for Grades of Kale are available either through
the address cited above or by accessing the Fresh Products Branch Web
site at http://www.ams.usda.gov/standards/stanfrfv.htm.


FOR FURTHER INFORMATION CONTACT: David L. Priester, at the above
address or call (202) 720-2185; E-mail David.Priester@usda.gov.

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 * * *.'' 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 proposing to revise the voluntary U.S. Standards for Grades
of Kale 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 1934.

Background

    Prior to undertaking research and other work associated with
revision of the grade standards, AMS published a notice in the Federal
Register (69 FR 58879) on October 1, 2004, soliciting comments on the
possible revision to the United States Standards for Grades of Kale.
    In response to our request for comments, AMS received one comment
from an industry group, NAPAR. The comment was in favor of the proposed
revision.
    The proposed revision will allow percentages to be determined by
count rather than weight. AMS is also proposing to revise the
application of tolerances for packages which contain less than 15
specimens. This change will allow double the tolerances specified, and
that at least one defective specimen may be permitted in any sample, as
long as the average for the entire lot is within the tolerance
specified for the grade.
    AMS also received a request from NAPAR to allow the standards to be
used for kale leaves and bunched kale leaves in addition to kale
plants. Currently the standards only apply to kale plants. This
proposal will bring the standards for kale in line with current
marketing practices, thereby, improving the usefulness of the standards
in serving the industry.
    The official grade of a lot of kale covered by these standards is
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).
    This notice provides for a 60-day comment period for interested
parties to comment on changes to the standard.

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

    Dated: March 7, 2005.
Kenneth C. Clayton,
Acting Administrator.
[FR Doc. 05-4813 Filed 3-10-05; 8:45 am]

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