[Federal Register: March 11, 2005 (Volume 70, Number 47)]
[Notices]
[Page 12176-12177]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11mr05-38]
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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, 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 Sweet Peppers. 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 report decay
affecting the stems under the serious damage tolerance in all grades
instead of the more restrictive tolerance of two percent for decay.
Additionally, AMS is proposing to amend the similar varietal
requirement to allow mixed colors and/or types when designated as
speciality packs and remove the unclassified category. AMS is proposing
to remove the requirement to re-designate lots of sweet peppers as
``Mixed Color'' in the grade statement when peppers fail to meet the
color requirement. AMS is also proposing to include the Mixed Color
designation as an option for any lot of sweet peppers intentionally
packed with peppers of different color. The proposed revisions would
bring the standards for sweet peppers in line with current marketing
practices, thereby improving the usefulness of the standards 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) 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 Sweet Peppers
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 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
Prior to undertaking research and other work associated with
revision of the grade standards, AMS published a notice in the Federal
Register (69 FR 33345) on June 15, 2004, soliciting comments on the
possible revision to the United States Standards for Grades of Sweet
Peppers.
In response to our request for comments, AMS received three
[[Page 12177]]
comments from industry groups. One comment was in favor of the proposed
revisions of the standard and two comments were opposed.
One comment from an industry association which represents growers,
packers and shippers is in favor of the proposal to amend the United
States Standards for Grades of Sweet Peppers by separating the scoring
and reporting of decay affecting the walls and calyxes from decay
affecting the stems only. The proposed tolerances would allow decay
affecting the stems only to be scored under the serious damage
tolerance in all grades, and decay affecting the walls and/or calyxes
shall continue to be scored under the more restrictive tolerance of two
percent for decay.
AMS also received one comment from an industry group which
represents receivers. The comment did not support the proposed revision
to the decay tolerance. The commenter stated that all decay has a
serious negative impact on the appearance and marketability of the
product and requested not to change the decay tolerances. AMS also
received one comment from an industry association which represents
producers. The commenter proposes that decay affecting the stems and
calyxes should not be scored against any grade, and should only be
noted on the inspectors's notesheet and not reported on the
certificate. AMS has reviewed stem decay affecting various commodities
and believes the proposed changes would bring sweet peppers in line
with other grade standards with regards to stem decay. Decay affecting
the stem only does not affect the edible portion of the pepper, and
does not affect the marketability to the same degree as decay affecting
the walls and/or calyx. AMS believes a revision to the decay tolerance
is warranted to better serve the industry.
Further, AMS requested comments on the use of color terms
``chocolate'' and ``suntan'' which are trade terms used by the industry
to describe the color of some peppers. AMS received one comment
regarding trade terms for color. The comment does not support including
the industry terms into the grade standards. The commenter believes the
use of such terms will result in a dispute over nearly every shipment.
In view of the above, AMS does not recommend inclusion of such trade
terms into the existing grade standard.
AMS received one comment requesting the grade standards designate
how hybrid varieties which turn several colors should be scored.
Currently the standard allows characteristic color other than green to
be specified in connection with the grade. Additionally, when peppers
fail to meet the color requirements of the grade for green lots or
specified color, they are designated as Mixed Color. Current marketing
practices for specialty packs which include mixed colors and/or types
of sweet peppers would not meet the similar varietal characteristic
requirements for all grades in the standards. Accordingly, AMS is
proposing to amend the similar varietal requirement to allow mixed
colors and/or types of sweet peppers when designated as a mixed or
speciality pack.
AMS requested comments on industry terms for size based on 1\1/9\
bushel containers. As a result, AMS received one comment in favor of
developing size requirements. The commenter requested that a
requirement for fairly uniform be added to the standard. This would
require that sweet peppers could not exceed \1/2\ inch in diameter
variance within containers and the diameter of peppers should not
exceed the length of the pepper, otherwise the pepper is misshapen. AMS
believes these requirements would be too restricting and would cause
confusion by combining fairly uniform with shape 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 for
each category. The size classifications requested did not represent all
ranges between size classifications and included minimum diameters
which do not meet the current minimum diameters for the U.S. Fancy and
U.S. No. 1 grades. These terms would not be applicable to 11, 15 and 25
pound containers which are commonly used in today's market. Further,
the commenter requested marking requirements which would require all
cartons to be clearly marked by count and/or size, and establish the
size of a standard box, however, the comment did not recommend a
standard size box. The current standard contains three grades. The U.S.
Fancy and U.S. No. 1 grades contain minimum length and diameter
requirements. Additionally, inspections of sweet peppers may be based
on specified size and count per container or other contract
specifications upon request. 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.
AMS proposes to eliminate the unclassified category. This section
is not a grade and only serves to show that no grade has been applied
to the lot. Since this designation is rarely used and may create some
confusion in the marketplace, it should be discontinued.
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).
This notice provides for a 60-day comment period for interested
parties to comment on changes to the standards.
Authority: 7 U.S.C. 1621-1627.
Dated: March 7, 2005.
Kenneth C. Clayton,
Acting Administrator.
[FR Doc. 05-4814 Filed 3-10-05; 8:45 am]
BILLING CODE 3410-02-P