Federal Register, Volume 59 Issue 54 (Monday, March 21, 1994)

[Federal Register Volume 59, Number 54 (Monday, March 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6546]

[[Page Unknown]]

[Federal Register: March 21, 1994]

VOL. 59, NO. 54

Monday, March 21, 1994
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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 52

[FV-94-326]

United States Standards for Grades of Canned Peas

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: Pursuant to our periodic review of existing regulations and in
response to a petition from the National Food Processors Association
(NFPA), the Agricultural Marketing Service (AMS) proposes to revise the
United States Standards for Grades of Canned Peas. The proposed rule
would change the U.S. grade standards for canned peas by: Providing for
the ``individual attributes'' procedure for product grading with sample
sizes, acceptable quality levels (AQL's), tolerances and acceptance
numbers (number of allowable defects); replacing dual grade
nomenclature with single letter grade designations; basing the
tolerance for extraneous vegetable material (EVM) on drained weight
rather than net contents (product weight and weight of the brine);
bringing tolerances for defects in canned peas in line with the
tolerances for defects in frozen peas; removing Sec. 52.2294, Score
sheet for canned peas; and making minor editorial changes.

DATES: Comments must be received on or before May 20, 1994.

ADDRESSES: Interested persons are invited to submit written comments
concerning this proposal. Comments must be sent in duplicate to the
Office of the Branch Chief, Processed Products Branch, Fruit and
Vegetable Division, Agricultural Marketing Service, U.S. Department of
Agriculture, room 0709, South Building, P.O. Box 96456, Washington, DC
20090-4693. Comments should reference the date and page number of this
issue of the Federal Register and will be made available for public
inspection in the Office of the Branch Chief during regular business
hours.

FOR FURTHER INFORMATION CONTACT: James R. Rodeheaver, Processed
Products Branch, Fruit and Vegetable Division, Agricultural Marketing
Service, U.S. Department of Agriculture, room 0709, South Building,
P.O. Box 96456, Washington, DC 20090-6456, Telephone (202) 720-4693.

SUPPLEMENTARY INFORMATION: The Department is issuing this rule in
conformance with Executive Order 12866.
This proposed rule has been reviewed under Executive Order 12778,
Civil Justice Reform. This action is not intended to have retroactive
effect. This proposed rule will not preempt any State or local laws,
regulations, or policies, unless they present an irreconcilable
conflict with this rule. There are no administrative procedures which
must be exhausted prior to any judicial challenge to the provisions of
this rule.
The AMS Administrator has certified that this action will not have
a significant economic impact on a substantial number of small
entities, as defined in the Regulatory Flexibility Act, Public Law 96-
354 (5 U.S.C. 601 et seq.), because it reflects current marketing
practices. In addition, these standards are voluntary. A small entity
may avoid incurring any additional economic impact by not employing the
standards.
The United States Department of Agriculture (USDA) received a
petition from the National Food Processors Association (NFPA),
requesting that the U.S. grade standards for canned peas be revised.
NFPA is a scientifically and technically-based trade association
representing over 450 food industry companies.
NFPA's grade standards review subcommittee is responsible for
reviewing the existing U.S. grade standards for canned fruits and
vegetables to ascertain whether the standards remain current and
reflect processing and marketing practices. Based on the subcommittee's
recommendation, NFPA requested that the U.S. grade standards for canned
peas, which are currently based on cumulative score points, be revised
by converting the U.S. grade standards to statistically-based
individual attributes grade standards, similar to the recently revised
U.S. grade standards for canned green and wax beans (58 FR 4295,
January 14, 1993).
NFPA also requested that market surveys or discussion drafts be
made available for the industry to review. This proposal is based on
the review of discussion drafts provided to the industry in June 1991
and again in July 1992. The drafts incorporated a grading system where
individual tolerances would be assigned to each individual defect.
In this proposal, this system of grading, is referred to as
``individual attributes.'' NFPA submitted its recommendation for
changes in the most recent draft on March 5, 1993. It would provide
statistically derived acceptable quality levels (AQL's) based on the
tolerances in the current standards (except whenever possible,
tolerances were changed to be more in line with the tolerances for the
same defects in frozen peas).
In a meeting held with NFPA on May 27, 1992, USDA staff discussed
changing the 1991 draft so that the published tolerances in the U.S.
grade standards for canned peas would reflect the tolerances for an
average lot size requiring 13 sample units instead of a single sample
unit. This change would more accurately reflect the tolerances sought
for specified defects for a given lot size since most lots require 13
sample units to determine the grade for the lot.
The standards would incorporate USDA's policy of replacing dual
grade nomenclature with single letter grade designations. Under the
proposal, ``U.S. Grade A (``U.S. Fancy''), ``U.S. Grade B'' (``U.S.
Extra Standard''), and ``U.S. Grade C'' (``U.S. Standard'') would
simply become ``U.S. Grade A,'' ``U.S. Grade B,'' and ``U.S. Grade C.''
This proposed revision would also change the criteria for
evaluating extraneous vegetable material (EVM). The Food and Drug
Administration (FDA) Standards of Identity and Quality for canned peas
are based on the drained weight of the peas. Under the current U.S.
grade standards for canned peas, EVM is evaluated on the basis of net
contents (per 100 ounces of the peas and the brine). A pour-back method
is used to determine if containers are adequately filled. The criteria
for evaluating EVM in both FDA Standards of Identity for canned peas
and frozen peas and the U.S. grade standards for frozen peas are based
on the weight of the peas only. This proposed revision of the voluntary
grade standards would bring the quality factor of EVM in canned peas in
line with the criteria used by FDA, as recommended by NFPA (21 CFR part
155).
Wherever justifiable, USDA proposes to bring the tolerances for
defects in canned peas in line with the tolerances for the same defects
in the U.S. grade standards for frozen peas.
USDA uses FDA's minimum quality criteria as a base when it proposes
to establish higher levels of quality in the U.S. grade standards for
canned peas. FDA has established different minimum tolerances for
similar defects in canned peas and frozen peas. Therefore, USDA would
establish tolerances for some defects in canned peas that will not be
similar to the tolerances for defects in frozen peas. Whenever
possible, tolerances for similar defects in canned peas would be the
same as in frozen peas. Also, this proposed rule would remove
Sec. 52.2294, ``Score sheet for canned peas,'' from the U.S. grade
standards. Amending the canned peas score sheet can be more efficiently
facilitated by editing the score sheet as a document not incorporated
in the grade standards. This change is consistent with recently revised
U.S. grade standards in which score sheets are no longer incorporated.
The proposal includes minor editorial changes and provides a
uniform format consistent with recent revisions of other U.S. grade
standards. The proposed format has been designed to provide users with
simpler and more comprehensive standards. Definitions of terms and
easy-to-read tables have been incorporated to assure better
understanding and uniform application of the standards.
USDA has determined that this proposed rule would facilitate trade
between processors and buyers and improve the marketing of canned peas.

List of Subjects in 7 CFR Part 52

Food grades and standards, Food labeling, Frozen foods, Fruit
juices, Fruits, Reporting and recordkeeping requirements, Vegetables.

For the reasons set forth in the preamble, the U.S. Department of
Agriculture proposes to amend 7 CFR part 52 as follows:

PART 52--PROCESSED FRUITS AND VEGETABLES, PROCESSED PRODUCTS
THEREOF, AND CERTAIN OTHER PROCESSED FOOD PRODUCTS

1. The authority citation for part 52 is amended to read as
follows:

Authority: 7 U.S.C. 1622, 1624.
2. In Subpart--United States Standards for Grades of Canned Peas,
Secs. 52.2281 through 52.2291 are revised to read as follows:
Subpart--United States Standards for Grades of Canned Peas
Sec.
52.2281 Product description.
52.2282 Types of canned peas.
52.2283 Definitions of terms.
52.2284 Fill of container.
52.2285 Sizes of peas.
52.2286 Grades.
52.2287 Factors of quality.
52.2288 Prerequisite requirements and allowances for defects.
52.2289 Sample size.
52.2290 Quality requirements.
52.2291 Single sample unit.

Sec. 52.2281 Product description.

Canned peas means the canned product prepared from clean, sound,
shelled, succulent peas as such product is defined in the Standards of
Identity for Canned Peas (21 CFR 155.170) issued pursuant to the
Federal Food, Drug, and Cosmetic Act.

Sec. 52.2282 Types of canned peas.

(a) Early peas means canned succulent peas of Alaska or other
smooth skin varieties.
(b) Sweet peas means canned succulent peas of sweet, wrinkled
varieties.

Sec. 52.2283 Definitions of terms.

(a) Acceptable quality level (AQL) means the maximum percent of
defective units or the maximum number of defects per hundred units of
product that, for the purpose of acceptance sampling, can be considered
satisfactory as a process average.
(b) Appearance. (1) Good appearance means that the peas are
practically all uniform in color and are reasonably free of
insignificant blemishes.
(2) Reasonably good appearance means that the peas are fairly
uniform in color and fairly free from areas of insignificant blemish.
(c) Blemishes. (1) Blemished means a unit that is spotted or
otherwise discolored (other than blond), such as vivid-green or brown,
to the extent that its appearance or eating quality is materially
affected.
(2) Seriously blemished means a unit that is seriously discolored
or spotted, such as a dark discolored pea, to the extent that the
appearance or eating quality is seriously affected.
(d) Blond means peas that are cream-colored or yellow in color.
(e) Defect means any nonconformance of a unit(s) of product from a
specified requirement of a single quality characteristic.
(f) Extraneous vegetable material (EVM) means any harmless
vegetable material, to include: (1) Flat material common to the pea
plant such as leaves and pods, and flat vegetable material from other
plants;
(2) Cylindrical material common to the pea plant such as stems or
pieces of vines, and cylindrical vegetable material from other plants;
and
(3) Spherical material not common to the pea plant such as thistle
buds, berries and pieces of berries.
(g) Flavor and odor. (1) Good flavor and odor means the product has
a characteristic flavor and odor and is free from objectionable flavors
and odors.
(2) Reasonably good flavor and odor means that the product may be
lacking in characteristic flavor and odor but is free from
objectionable flavors and odors.
(h) Liquor--(1) Good liquor means the color of liquor is typical,
may have a slight cloudiness or a tint of green, only a slight to
moderate amount of suspended material or sediment may be present, and
the liquor is not viscous.
(2) Reasonably good liquor means the liquor may be cloudy or
slightly green, may have a pronounced accumulation of sediment, may be
dull but not off color, and may be viscous but not so viscous that the
liquor will not separate from the peas.
(i) Piece of pea (broken pea) means: (1) A pea from which a
cotyledon or a large portion thereof has become separated;
(2) Two detached whole cotyledons;
(3) Pieces of detached cotyledons aggregating the equivalent of an
average size cotyledon; and
(4) A whole detached skin or portions of detached skin aggregating
the equivalent of an average size whole skin.
(j) Sample unit means the amount of product specified to be used
for grading. For appearance, flavor and odor, liquor, and varietal
characteristics, a sample unit is the entire contents of the container.
For grading EVM, a sample unit is each 1700 grams (60.0 oz) drained
product; for blemished (spotted), seriously blemished, and broken peas
(pieces), a sample unit is each 400 peas.
For grading maturity, a sample unit is each 50 peas or more in
accordance with Table III and IV in Sec. 52.2288.
(k) Tolerance means the percentage of defective units allowed for
each quality factor.
(l) Unit means each whole pea.

Sec. 52.2284 Fill of container.

(a) The standard for fill of container for canned peas is not
incorporated in the grade of the finished product since fill is not a
factor of quality for the purposes of these grades. Except in the case
of vacuum pack, canned peas shall be considered standard in fill if
they meet the standard of fill promulgated under the Federal Food,
Drug, and Cosmetic Act (21 CFR 155.170). The standard is as follows: If
the container is so filled that, when the peas and liquid are removed
from the container and returned thereto (pour-back method), the leveled
peas (irrespective of the quantity of the liquid), 15 seconds after
they are so returned completely fill the container.
(b) A container with lid attached by double seam shall be
considered to be completely filled when it is filled to the level 5 mm
(\3/16\ in) vertical distance below the top of the double seam; and a
glass container shall be considered to be completely filled when it is
filled to the level 13 mm (\1/2\ in) vertical distance below the top of
the container. Canned peas that do not meet this requirement are
``Below Standard in Fill.''

Sec. 52.2285 Sizes of peas.

Except for the factor of defects in determining pieces of peas, the
sizes of peas are not considered in ascertaining the quality of the
product for the purposes of these grades. The size of a pea is
determined on the basis of the diameter of the circular opening(s)
through which the pea will pass or will not pass without force or
pressure. The size designations and diameters applicable to canned peas
are shown in Table I of this section.

Table I.--Sizes of Canned Peas
------------------------------------------------------------------------
Diameter of circular openings
in inches (millimeters)
Size designation -------------------------------
Will not pass Will pass
through through
------------------------------------------------------------------------
Size 1.................................. .............. \9/32\ (7.1)
Size 2.................................. \9/32\ (7.1) \10/32\ (7.9)
Size 3.................................. \10/32\ (7.9) \11/32\ (8.7)
Size 4.................................. \11/32\ (8.7) \12/32\ (9.5)
Size 5.................................. \12/32\ (9.5) \13/32\ (10.3)
Size 6.................................. \13/32\ (10.3) \14/32\ (11.1)
Size 7.................................. \14/32\ (11.1)
------------------------------------------------------------------------

Sec. 52.2286 Grades.

(a) U.S. Grade A is the quality of canned peas that: (1) Meets the
following prerequisites in table II of Sec. 52.2288 in which the canned
peas: (i) Have similar varietal characteristics;
(ii) Have a good appearance;
(iii) Have not more than one (1) percent, by weight, blond peas;
(iv) Have a good liquor; and
(v) Have a good flavor and odor.
(2) Is within the limits for defects as specified in tables IV, V,
and VII of Sec. 52.2288, as applicable.
(b) U.S. Grade B is the quality of canned peas that: (1) Meets the
following prerequisites in Table II of Sec. 52.2288 in which the canned
peas: (i) Have similar varietal characteristics;
(ii) Have a good appearance;
(iii) Have not more than one (1) percent, by weight, blond peas;
(iv) Have a good liquor; and
(v) Have a good flavor and odor.
(2) Is within the limits for defects as specified in tables IV, V,
and VII of Sec. 52.2288, as applicable.
(c) U.S. Grade C is the quality of canned peas that: (1) Meets the
following prerequisites in Table II of Sec. 52.2288 in which the canned
peas:
(i) Have similar varietal characteristics;
(ii) Have a reasonably good appearance;
(iii) Have not more than two (2) percent, by weight, blond peas;
(iv) Have a reasonably good liquor; and
(v) Have reasonably good flavor and odor.
(2) Is within the limits for defects as specified in tables IV, V,
and VII of Sec. 52.2288, as applicable.
(d) Substandard is the quality of canned peas that fail to meet the
requirements of U.S. Grade C.

Sec. 52.2287 Factors of quality.

The grade of canned peas is based on requirements for the following
quality factors: (a) Prerequisite quality factors: (1) Varietal
characteristics;
(2) Appearance;
(3) Blond peas;
(4) Liquor; and;
(5) Flavor and odor.
(b) Classified quality factors: (1) Maturity;
(2) Extraneous vegetable material (EVM);
(3) Blemished, spotted or discolored peas;
(4) Seriously blemished or seriously discolored peas; and
(5) Pieces of peas (broken).

Sec. 52.2288 Prerequisite requirements and allowances for defects.

Table II.--Prerequisites Requirements
------------------------------------------------------------------------
Factors Grade A Grade B Grade C
------------------------------------------------------------------------
Varietal Similar.......... Similar......... Similar.
characteristics.
Appearance....... Good............. Good............ Reasonably good.
Blond peas....... Not more than 1% Not more than 1% Not more than 2%
by weight. by weight. by weight.
Liquor........... Good............. Good............ Reasonably good.
Flavor and odor.. Good............. Good............ Reasonably good.
------------------------------------------------------------------------

Table III.-- AQL's and Tolerances for Maturity Based on Brine
Floatation\1\
------------------------------------------------------------------------
Percent
Grade Type AQL Tolerance salt in
solution
------------------------------------------------------------------------
A Sweet.................. 10.1 12.0 11.0
1.3 2.0 13.0
Early.................. 17.6 20.0 11.0
1.3 2.0 13.5
B Sweet.................. 13.0 15.0 13.0
2.9.................... 2.9 4.0 15.0
Early.................. 27.2 30.0 13.5
6.4 8.0 15.0
C Sweet.................. 8.2 10.0 15.0
Early.................. 8.2 10.0 16.0
------------------------------------------------------------------------
\1\Based on 650 peas (50 x 13).

Table IV.--Lot Acceptance Numbers (Sinkers) for Brine Floatation
----------------------------------------------------------------------------------------------------------------
Total number of peas
------------------------------------------------
Percent 150 300 650 1050 1450
Grade Type salt
soultion
----------------------------------------------------------------------------------------------------------------
A Sweet................... 11.0 21 39 78 122 165
13.0 4 7 13 20 26
Early................... 11.0 34 63 130 205 279
13.5 4 7 13 20 26
B Sweet................... 13.0 26 48 98 154 209
15.0 8 13 26 39 53
Early................... 13.5 50 94 195 309 422
15.0 15 26 52 80 108
C Sweet................... 15.0 18 33 65 101 137
Early................... 16.0 18 33 65 101 137
----------------------------------------------------------------------------------------------------------------

Table V.--Canned Peas Acceptance Numbers for Extraneous Vegetable Material (EVM)\1\
----------------------------------------------------------------------------------------------------------------
Description of Material Unit Designation Grade A Grade B Grade C
----------------------------------------------------------------------------------------------------------------
Flat; or............................ Each 1.5 cm^{2 (0.25 in^{2); or........ 1 2
Cylindrical; or spherical........... Each 13 mm (each 0.50 in); or each
piece.
Flat, cylindrical, and spherical EVM Total weight in grams.............. ........... ........... 9
----------------------------------------------------------------------------------------------------------------
^{1 For each 1700 g (60 ozs) of drained product.

Table VI.--AQL's and Tolerances for Other Defects\1\
----------------------------------------------------------------------------------------------------------------
Grade A Grade B Grade C
Defects -----------------------------------------------------------------------------------
AQL Tolerance AQL Tolerance AQL Tolerance
----------------------------------------------------------------------------------------------------------------
Blemished peas.............. 0.80 1.0 2.6 3.0 4.5 5.0
Seriously blemished......... 0.37 0.50 0.58 0.75 0.80 1.0
Pieces of peas (broken)
larger than No. 2 sieve
size....................... 4.5 5.0 9.3 10.0 11.8 12.5
Pieces of peas (broken) No.
1 & 2...................... 6.4 7.0 9.3 10.0 11.3 12.0
----------------------------------------------------------------------------------------------------------------
\1\Based on 5200 peas (400x13).

Table VII.--Lot Acceptance Numbers for Other Defects, All Sizes
----------------------------------------------------------------------------------------------------------------
Units of product (peas) 1200 2400 5200 8400 11600
----------------------------------------------------------------------------------------------------------------
Grade A:
Blemished peas............................. 15 26 52 80 108
Seriously blemished........................ 8 14 26 40 53
Pieces of peas (broken) larger than No. 2
sieve size................................ 66 125 259 410 560
Pieces of peas (broken) No. 1 & 2 sieve
sizes..................................... 91 174 363 576 787
Grade B:
Blemished peas............................. 40 75 154 242 330
Seriously blemished........................ 11 20 39 60 81
Pieces of peas (broken), any sieve size.... 129 248 520 827 1133
Grade C:
Blemished peas............................. 66 125 259 410 560
Seriously blemished........................ 15 26 52 80 108
Pieces of peas (broken) larger than No. 2
sieve size................................ 160 309 652 1040 1426
Pieces of peas (broken) No. 1 & 2 sieve
sizes..................................... 153 296 625 997 1367
----------------------------------------------------------------------------------------------------------------

Sec. 52.2289 Sample size.

The sample size used to determine whether the requirements of these
standards are met shall be as specified in the sampling plans and
procedures in the ``Regulations Governing Inspection and Certification
of Processed Fruits and Vegetables, Processed Products Thereof, and
Certain Other Processed Food Products'' (7 CFR 52.1 through 52.83).

Sec. 52.2290 Quality requirements.

A lot of canned peas is considered as meeting the requirements for
quality if: (a) The prerequisite requirements specified in Sec. 52.2286
are met; and
(b) None of the allowances for the individual quality factors
specified in tables IV, VI, and VII of 352.2288, as applicable are
exceeded.

Sec. 52.2291 Single sample unit.

Each unofficial sample unit submitted for quality evaluation will
be treated individually and is considered as meeting the requirements
for quality if: (a) The prerequisite requirements specified in
Sec. 52.2286 are met;
(b) The acceptable quality levels in Tables III, V, and VI of
Sec. 52.2288, as applicable for the sieve size, are not exceeded.

Dated: March 15, 1994.
Lon Hatamiya,
Administrator, Agricultural Marketing Service.
[FR Doc. 94-6546 Filed 3-18-94; 8:45 am]
BILLING CODE 3410-02-P}}}