[Federal Register: May 18, 2009 (Volume 74, Number 94)]
[Proposed Rules]
[Page 23128-23129]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18my09-13]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 23128]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 51
[Doc. AMS-FV-07-0140]
United States Standards for Grades of Table Grapes (European or
Vinifera Type)
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Withdrawal of proposed rule.
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SUMMARY: The Agricultural Marketing Service (AMS) is withdrawing the
document soliciting comments on its proposal to amend the voluntary
United States Standards for Grades of Table Grapes (European or
Vinifera Type). After reviewing and considering the comments received,
the agency has decided not to proceed with this action.
DATES: Effective Date: The proposed rule published February 26, 2008
(73 FR 10185), is withdrawn as of May 18, 2009.
FOR FURTHER INFORMATION CONTACT: Dr. Carl Newell, Standardization and
Training Section, Fresh Products Branch, 100 Riverside Parkway, Suite
101, Fredericksburg, VA 22406-1016; Telephone: (540) 361-1120; or Fax:
(540) 361-1199. The United States Standards for Grades of Table Grapes
(European or Vinifera Type) are available by accessing the Fresh
Products Branch Web site at: http://www.ams.usda.gov/freshinspection.
Background
In November of 2005, AMS received petitions from two trade
associations requesting a revision to the United States Standards for
Grades of Table Grapes (European or Vinifera Type). These petitions
were received from the California Grape and Tree Fruit League on
November 9, 2005, and Western Growers on November 25, 2005. These two
trade associations represent more than 85 percent of the European or
Vinifera type table grape production in the United States. They
requested an additional 10 percent allowance for shattered berries en
route or at destination for grapes in consumer containers. The
petitioners stated that changes to the standard, specifically limited
to shattered berries packed in consumer containers, are warranted
because the majority of table grapes are now being sold in consumer
containers which allow shattered berries to be fully utilized/sold.
Prior to undertaking detailed work to develop a proposed revision
to the standards, AMS published an advanced notice of proposed
rulemaking (ANPR) on January 24, 2006, in the Federal Register (71 FR
3818) soliciting comments on a proposal to revise the standards. Based
on comments received, AMS published a proposed rule on September 22,
2006, in the Federal Register (71 FR 55367) proposing to modify the
standard by adding a 10 percent allowance for shattered grapes in
consumer containers. Due to lack of industry consensus concerning the
proposed rule, AMS published in the Federal Register (72 FR 35668) a
notice to withdraw the proposed rule on June 29, 2007.
The withdrawal stated that AMS would continue to work with
interested parties regarding the subject of shattered berries. AMS
subsequently met with the representatives from the California Grape and
Tree Fruit League, the North American Perishable Agricultural
Receivers, and other wholesale produce receivers to gather additional
background information in order to consider possible future revisions.
On October 5, 2007, AMS received a second petition from the
California Grape and Tree Fruit League requesting a revision to the
United States Standards for Grades of Table Grapes (European or
Vinifera Type). The petitioner repeated the original request for an
additional 10 percent allowance for shattered grapes en route or at
destination for grapes in consumer containers. However, AMS did not
propose the 10 percent allowance. AMS was concerned that this
percentage would weaken the standard and reduce consumer confidence in
the grade. In recognizing that the majority of grapes now sold at
retail are packaged in consumer containers, AMS proposed a smaller
change in the allowance. Therefore, on February 26, 2008, AMS published
a proposed rule in the Federal Register (73 FR 10185) proposing a 5
percent allowance for shattered grapes in consumer containers.
AMS received 58 comments from the table grape industry. These
comments are available by accessing the AMS, Fresh Products Branch Web
site at: http://www.ams.usda.gov/freshinspection or http://
www.regulations.gov.
Thirty-three comments supported the proposal. Three were from
regional agricultural trade associations; one comment was from a
national table grape association; and 29 were from growers, packers,
and shippers. Supporting comments indicated that changes in grading are
necessary to recognize improvements made in packaging, marketing, and
shipping of grapes. They expressed that the proposed allowance for
shatter would strengthen the United States Standards for Grades of
Table Grapes (European or Vinifera Type). These comments stated that
consumers are buying shattered berries in bags and clamshells resulting
in less shrink. They also stated that the key to consumer acceptance of
low to medium amounts of shattered berries is the healthy appearance of
the berry (a whole and sound berry that is free from other visible
defects), not just whether the berry is attached to the stem.
Twenty-five comments opposed the proposal. Two comments were
received from national trade associations, one from a Chilean trade
association, and 22 comments were received from wholesalers, receivers,
and distributors. Opposing comments stated that shattered berries were
weaker berries more susceptible to microbiological contamination and
are more prone to develop other defects than berries that are still
attached to the stem. They also commented that in their experience,
customers seek out the bags with the most berries still attached to the
stem. These comments conveyed that containers with higher amounts of
shattered grapes sit in produce cases longer increasing the amount of
shrink compared to containers with less shattered grapes present.
Commenters opposed to the proposed changes were also concerned that the
proposed allowance would weaken the United States Standards for Grades
of Table Grapes (European or Vinifera Type).
[[Page 23129]]
AMS has reviewed all comments and we note that improvements in
packaging for table grapes have occurred. Nonetheless, there were
conflicting comments received that specifically raised questions
regarding: (1) Marketability and subsequent shrink, due to changes in
packaging; and (2) the effect this proposed rule would have on
individual businesses. Further, we note that there is a lack of
independent data available to clarify these issues. In such
circumstances, there continues to be no clear consensus among industry
segments to support a proposed rule. Accordingly AMS will not proceed
with this action. However, AMS will continue to work with the industry
to revise the current U.S. Grade standards to better reflect the
current marketing of this and other agricultural products.
Authority: 7 U.S.C. 1621-1627.
Dated: May 12, 2009.
Robert C. Keeney,
Acting Associate Administrator.
[FR Doc. E9-11491 Filed 5-15-09; 8:45 am]
BILLING CODE 3410-02-P