[Federal Register Volume 81, Number 89 (Monday, May 9, 2016)]
[Notices]
[Pages 28046-28047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10741]
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Notices
Federal Register
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This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Notices
[[Page 28046]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Doc. Number AMS-FV-10-0047, FV-16-330]
United States Standards for Grades of Cauliflower
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice.
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SUMMARY: The Agricultural Marketing Service (AMS) is proposing to
revise the United States Standards for Grades of Cauliflower. The
current U.S. grade standards do not have provisions for grading purple,
orange, or green cauliflower. The proposed revision would amend the
color requirement to allow all colors of cauliflower to be certified to
a U.S. grade. In addition, AMS proposes to amend the size requirement
to allow curds less than 4 inches in diameter to be certified to a
grade; to add marking requirements to sizes less than 4 inches in
diameter; and, to remove the unclassified section.
DATES: Comments must be received by July 8, 2016.
ADDRESSES: Interested persons are invited to submit written comments to
the Standardization Branch, Specialty Crops Inspection Division,
Specialty Crops Program, Agricultural Marketing Service, U.S.
Department of Agriculture, National Training and Development Center,
Riverside Business Park, 100 Riverside Parkway, Suite 101,
Fredericksburg, VA 22406; fax: (540) 361-1199; or, via the web at:
www.regulations.gov. Comments should reference 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. Comments can also be viewed as submitted, including any personal
information you provide, on the www.regulations.gov Web site. A copy of
the proposed revised United States Standards for Grades of Cauliflower
is located at http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Dave Horner at the address above, or
at phone (540) 361-1128; fax (540) 361-1199; or, email
[email protected]. Copies of the proposed U.S. Standards for
Grades of Cauliflower are available on the Internet at http://www.regulations.gov. The current U.S. Standards for Grades of
Cauliflower are available on the Specialty Crops Inspection Division
Web site at http://www.ams.usda.gov/grades-standards/cauliflower-grades-and-standards.
SUPPLEMENTARY INFORMATION: Section 203(c) (7 U.S.C. 1622(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, Specialty Crops
Program, and are available on the internet at http://www.ams.usda.gov/grades-standards.
AMS proposes to revise the voluntary United States Standards for
Grades of Cauliflower using the procedures that appear in Part 36,
Title 7 of the Code of Federal Regulations (7 CFR part 36). These
standards were last revised March 15, 1968.
Background and Comments
On February 9, 2012, AMS published a notice in the Federal Register
(77 FR 6772) soliciting comments on proposed revisions to the United
States Standards for Grades of Cauliflower. AMS received one comment
from an agricultural trade association. The agricultural trade
association stated that by number, but not necessarily by volume,
cauliflower growers supported the proposed revision. However, members
expressed some confusion about the meaning of ``unless otherwise
specified'' in regards to size, and requested clarification. Following
the comment period, AMS determined it would not proceed with the
revisions as proposed.
The U.S. grade standards presently require cauliflower curds to be
white, creamy white, or cream color, but do not have provisions for
grading other colors of cauliflower. AMS proposes to amend U.S. No. 1
color provisions by adding ``unless otherwise specified'' to the basic
requirement for color. The phrase ``unless otherwise specified'' in
regards to color would be interpreted as follows: When colors other
than white, creamy white, or cream color are specified, those colors
could be certified to a grade. Likewise, when designated as a mixed-
color pack, a grade could be applied to all the colors in the pack, not
just to the curds that are white, creamy white, or cream color. For
example, a grade could be applied to a pack containing a green, an
orange, a purple, and a white cauliflower curd when specified as a
mixed-color pack. AMS applies the phrase ``unless otherwise
specified,'' or similar terminology, to potatoes, peppers, and other
commodities to allow other colors, or the comingling of colors, to be
certified to a grade. This revision would also affect the U.S.
Commercial grade.
Previously, in 2012, AMS proposed to add ``unless otherwise
specified'' to the size requirement for the U.S. No. 1 grade to allow
for smaller sizes. This too is a common practice for potatoes, onions,
and many other commodities. However, after contacting the agricultural
trade association, AMS discovered that they were concerned that
unmarked containers with curds smaller than 4 inches may lose their
specified designation after being resold to another party. For example,
the original verbal or contractual agreement might not follow the
product through the marketing chain. At final destination, unmarked
product may fail to grade U.S. No. 1, since the cauliflower curds would
be smaller than 4 inches in diameter.
Therefore, AMS now proposes to amend the U.S. No. 1 size provisions
for cauliflower heads by adding ``unless marked to a maximum diameter
of less than 4 inches. Cauliflower curds marked less than 4 inches may
not be comingled
[[Page 28047]]
with cauliflower curds packed to be 4 inches or larger.'' to the basic
requirement for curd size. To explain the marking requirements, AMS
proposes to add a new ``Sec. 51.556 Marking Requirements,'' which
would read as follows: ``When the product is packed to be less than 4
inches in maximum diameter, 90 percent or more of the master containers
shall be plainly stamped, printed, labeled or otherwise marked with the
maximum diameter. The term `maximum' or its recognized abbreviation,
when following a diameter size marking, means that the curds are of the
size marked or smaller.'' The current Sec. 51.556, Metric Conversion
Table, will be redesignated as Sec. 51.557.
The size revision and marking requirements would be interpreted as
follows: When cauliflower curds are specified to be less than 4 inches
in maximum diameter, at least 90 percent of the master containers in a
lot must be marked by a maximum diameter of less than 4 inches. For
example, a lot having curds no larger than 3\1/2\ inches in diameter
must have 90 percent or more of the master containers marked 3\1/2\''
max. If less than 90 percent of the master containers are marked, the
lot may meet grade requirements but would fail to meet marking
requirements as to size.
Furthermore, curds that are specified to be less than 4 inches in
maximum diameter would not include cauliflower florets, since florets
are pieces of curd and not considered small heads of cauliflower.
Therefore, florets would not be certified to a grade.
This revision would also affect the U.S. Commercial grade.
The agricultural trade association had no objection to removing the
``Unclassified'' category from the standards. The unclassified section
is being removed from all standards when they are revised. This
category is not a grade and only serves to show that no grade has been
applied to the lot. It is no longer considered necessary.
AMS believes that permitting all colors, mixed-color packs, and
smaller sizes of cauliflower to be certified to a grade reflects
current marketing practices and consumer demand, and will facilitate
the marketing of cauliflower by providing the industry with more
flexibility.
The official grade of a lot of cauliflower covered by these
standards will be 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 a 60-day period during which interested
parties may comment on the proposed revisions to the standards. This
period is deemed appropriate in order to implement these changes, if
adopted, as soon as possible to reflect current marketing practices.
Authority: 7 U.S.C. 1621-1627.
Dated: May 3, 2016.
Elanor Starmer,
Administrator.
[FR Doc. 2016-10741 Filed 5-6-16; 8:45 am]
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