[Federal Register Volume 61, Number 178 (Thursday, September 12, 1996)]
[Rules and Regulations]
[Page 48066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23318]



[[Page 48066]]

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DEPARTMENT OF AGRICULTURE
7 CFR Part 52

[FV-95-329]


United States Standards for Grades of Frozen Field Peas and 
Frozen Black-Eye Peas

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: The Department of Agriculture (USDA) is adopting as a final 
rule with change the provisions of an interim final rule amending U.S. 
grade standards for Frozen Field Peas and Frozen Black-Eye Peas. The 
change would allow producers of frozen field peas and frozen black-eye 
peas the option to pack black-eye peas and cream peas without the 
requirement that these peas have an ``obvious green color.'' In 
addition, this rule enables the frozen food industry to produce frozen 
black-eye peas and frozen field peas more efficiently.

EFFECTIVE DATE: October 15, 1996.

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, D.C. 20090-6456, Telephone (202) 720-4693.

SUPPLEMENTARY INFORMATION: This rule is issued under the United States 
Standards for Grades of Frozen Field Peas and Frozen Black-Eye Peas (7 
CFR Part 52) to improve grade standards. The standards are effective 
under the Agricultural Marketing Act of 1946 as amended (7 U.S.C. 1621-
1627), hereinafter referred to as the Act. The USDA is issuing this 
rule in conformance with Executive Order 12866.
    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This action is not intended to have retroactive effect. 
This final rule will not preempt any State or local laws, regulations, 
or policies, unless they present 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 Agricultural Marketing Service 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, (5 U.S.C. 
601 et seq.), because it reflects current marketing practices. In 
addition, these standards are voluntary. Therefore, a small entity may 
avoid incurring any additional economic impact by not employing the 
standards. Further, no additional costs are expected to result from 
this action for producers and benefits derived from this action may be 
passed on to consumers.
    The American Frozen Food Institute (AFFI) petitioned for emergency 
relief from a requirement in the United States grade standards for 
frozen field peas and frozen black-eye peas. AFFI is a trade 
association representing over 560 food industry companies that account 
for over 90 percent of frozen food production in the United States. The 
frozen food industry requested USDA revise the grade standards to bring 
it in line with current harvesting and marketing practices. This would 
give economic relief to the frozen field pea and black-eye pea 
industry. The U.S. grade standards are voluntary standards. However, 
there is widespread use of the standards in contracts.
    When these grade standards were promulgated in 1976, it included a 
``Grade A'' color requirement for frozen black-eye peas and cream peas 
that approximately 14 percent of these type peas have an obvious green 
color.
    This requirement was applicable when hand harvesting techniques 
forced growers to harvest their crops earlier in the growing season 
which allowed for a high percentage of immature peas. Today, modern 
mechanical harvesting techniques allow growers to harvest these types 
of peas with more mature pods that are easily shelled.
    The requirement for these types of peas to have an obvious green 
color has caused undue economic stress on the industry.
    Frozen field pea and black-eye pea processors must purchase 
imported, hand-harvested peas and blend them with domestic crops to 
meet the ``Grade A'' color requirement. AFFI estimates that 10 million 
pounds of imported peas must be purchased by U.S. processors per year 
at an approximate annual cost of more than $2 million.
    Based on all the information received, USDA amended Section 52.1669 
in the United States Standards for Grades of Frozen Field Peas and 
Frozen Black-Eye Peas by removing the color attribute requirements for 
frozen black-eye peas and frozen cream peas from the text and Table III 
of this section.
    No additional costs are expected to result from this action for 
producers and benefits derived from this action may be passed on to 
consumers. This change is expected to facilitate marketing of frozen 
field peas and frozen black-eye peas.
    The interim final rule became effective when it was published in 
the Federal Register (60 FR 62709) on December 7, 1995, with a 30-day 
comment period. In response to the interim final rule the only comment 
received was from AFFI, which agreed with this revision.
    This action will finalize the interim final rule. An editorial 
change will be made for clarity in Section 52.1669 (b)(2) to specify 
that in the classification of color for ``field peas'' and ``mixed 
types'', ``black-eye peas'' and ``cream peas'' are not considered. In 
addition, in the interim final rule, corrections are made to the 
authority citation.

List of Subjects in 7 CFR Part 52

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

    Accordingly, the interim final rule amending 7 CFR part 52, which 
was published at 60 FR 62710 on December 7, 1995, is adopted as a final 
rule with the following change.

PART 52--[AMENDED]

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

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

    2. In Sec. 52.1669, paragraph (b)(2) is revised to read as follows:


Sec. 52.1669  Classification of color and grade compliance.

* * * * *
    (b) * * *
    (2) ``Field peas'' and ``mixed types''. Each unit with a color that 
is characteristic of very young peas (``black-eye peas'' and ``cream 
peas'' are not considered.)

    Dated: September 6, 1996.
Robert C. Keeney,
Director, Fruit and Vegetable Division.
[FR Doc. 96-23318 Filed 9-11-96; 8:45 am]
BILLING CODE 3410-02-P