[Federal Register Volume 65, Number 119 (Tuesday, June 20, 2000)]
[Notices]
[Pages 38235-38239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15446]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Docket No. DA-98-03]


United States Standards for Dry Whey

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice.

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SUMMARY: The Agricultural Marketing Service (AMS) of the Department of 
Agriculture (USDA) is soliciting comments on its proposal to change the 
United States Standards for Dry Whey. AMS is proposing changes that 
would lower the bacterial estimate of not more than 50,000 per gram to 
not more than 30,000 per gram, incorporate maximum scorched particle 
content as a requirement for U.S. grade, and expand the Test Methods 
section to allow product evaluation using the latest methods included 
in Standard Methods for Examination of Dairy Products, in the Official 
Methods of Analysis of the Association of Official Analytical Chemists, 
and in standards developed by the International Dairy Federation. These 
changes are being proposed to strengthen the quality requirements of 
this Standard to reflect improvements that have occurred in dry whey 
quality since the Standards were last reviewed. AMS is also proposing 
editorial changes to provide consistency with other dry milk standards. 
USDA grade standards are voluntary standards. Manufacturers of dairy 
products are free to choose whether or not to use these voluntary grade 
standards. USDA grade standards have been developed to identify degrees 
of quality in various dairy products. Quality in general refers to 
usefulness, desirability, and value of the product or its marketability 
as a commodity.

DATES: Comments must be submitted on or before August 21, 2000.

ADDRESSES: Written comments may be submitted to Duane R. Spomer, Chief, 
Dairy Standardization Branch, Dairy Programs, Agricultural Marketing 
Service, U.S. Department of Agriculture, Room 2746, South Building, 
Stop 0230, P.O. Box 96456, Washington, DC 20090-6456; faxed to (202) 
720-2643; or e-mailed to <a href="/cdn-cgi/l/email-protection#5a1e2f3b343f74092a35373f281a2f293e3b743d352c"><span class="__cf_email__" data-cfemail="0f4b7a6e616a215c7f60626a7d4f7a7c6b6e21686079">[email protected]</span></a>. Comments should 
reference the date and page number of this issue of the Federal 
Register. All comments received will be made available for public 
inspection at the above address during regular business hours. The 
current United States Standards for Dry Whey, along with proposed 
changes, are available either through the above addresses or by 
accessing AMS'' Home Page on the Internet at www.ams.usda.gov/dairy/stand.htm.

FOR FURTHER INFORMATION CONTACT: Duane R. Spomer, Chief, Dairy 
Standardization Branch, AMS/USDA/Dairy Programs, Room 2746-S, P.O. Box 
96956, Washington, DC, 20090-6456, (202) 720-7473.

SUPPLEMENTARY INFORMATION: Section 203 (c) of the Agricultural 
Marketing Act of 1946, as amended, directs and authorizes the Secretary 
of Agriculture ``to develop and improve standards of quality, 
condition, quantity, grade, and packaging and to 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 will make copies of official standards 
available upon request. The United States Standards for Dry Whey no 
longer appear in the Code of Federal Regulations but are maintained by 
USDA/AMS/Dairy Program.
    When dry whey is officially graded, the USDA regulations (7 CFR 
Part 58) governing the grading of manufactured or processed dairy 
products are used. These regulations require a charge for the grading 
service provided by USDA. The Agency believes this proposal would 
accurately identify quality characteristics in dry whey.
    AMS is proposing to change the United States Standards for Dry Whey 
using the procedures that appear in part 36 of title 7 of the Code of 
Federal Regulations (7 CFR Part 36).
    The current United States Standards for Dry Whey have been in 
effect since October 1, 1990. AMS initiated a review of this Standard 
and discussed possible changes with the dairy industry. The American 
Dairy Products Institute, a trade association representing the dry whey 
industry, provided specific suggestions, including a recommendation to 
lower the maximum bacterial content.

Proposed by the American Dairy Products Institute

    The American Dairy Products Institute provided suggestions to:
    <bullet> Lower the maximum bacterial content; and
    <bullet> Reference a color guide to identify the color of dry whey.

Proposed by Dairy Programs, Agricultural Marketing Service

    AMS is proposing to:
    <bullet> Lower the maximum bacterial content requirement as 
suggested by the American Dairy Products Institute;
    <bullet> Incorporate scorched particle content in the determination 
of U.S. grade;
    <bullet> Reference additional test methods that may be used to 
determine U.S. grade;
    <bullet> Reference the Food and Drug Administration's requirements 
for dry whey; and
    <bullet> Make editorial changes that would provide consistency with 
other U.S. grade standards for dairy products.
    Concerning the suggestion by the American Dairy Products 
Association to reference a color guide, AMS agrees that color is an 
important attribute in the marketing of dry whey. However, since color 
is not a grade-determining factor, AMS is recommending that a color 
identification guide be considered separately from the standard in a 
manner consistent with color determination in other dairy products.
    This notice provides for a 60-day comment period for interested 
parties to comment on proposed revisions to the standards. The 
following is an outline of these changes.

                                     United States Standards for Dry Whey\1\
----------------------------------------------------------------------------------------------------------------
         Current standard                       Proposed                              Discussion
----------------------------------------------------------------------------------------------------------------
Definitions......................  No change........................  N/A.
Whey.............................  No change........................  N/A.
``Whey is the fluid obtained by    No change........................  N/A.
 separating the coagulum from
 milk, cream, and/or skim milk in
 cheesemaking.

[[Page 38236]]

 
                                   It shall conform to the            We propose to include a reference to the
                                    applicable provisions of 21 CFR    Food and Drug Administration regulations
                                    184.1979.                          concerning this product.
The acidity of the whey may be     No change........................  N/A.
 adjusted by the addition of safe
 and suitable pH adjusting
 ingredients. Mositure removed
 from cheese curd as a result of
 salting may be collected for
 further processing as whey if
 the collection of the moisture
 and the removal of the salt from
 the moisture are conducted in
 accordance with procedures
 approved by the Administrator.
Dry Whey.........................  No change........................  N/A.
``Dry Whey'' is the product        ``Dry Whey'' is the product        We propose to include a reference to the
 resulting from drying fresh whey   resulting from drying fresh whey   Food and Drug Administration regulations
 which has been pasteurized and     which has been pasteurized and     concerning this product.
 to which nothing has been added    to which nothing has been added
 as a preservative..                as a preservative. It shall
                                    conform to the applicable
                                    provisions of 21 CFR 184.1979.
It contains all constituents,      No change........................  N/A.
 except moisture, in the same
 relative proportions as in the
 whey.
U.S. Grade Nomenclature of U.S.    No change........................  N/A.
 grade. The nomenclature of the
 U.S. grade is U.S. Extra Grade.
Basis for determination of U.S.    No change........................  N/A.
 grade.
The U.S. grade of dry whey is      No change........................  N/A.
 determined on the basis of
 flavor, physical appearance,
 bacterial estimate, coliform,
 milkfat content, and moisture.
                                   Coliform count, milk fat content,  We propose to include count following
                                    moisture and scorched particle     coliform to be consistent with other
                                    content.                           dairy products standards. We propose to
                                                                       relocate the requirement for scorched
                                                                       particle content from the ``Optional
                                                                       tests'' section of this standard and
                                                                       include it as a required test for
                                                                       assignment of U.S. grade. Test methods
                                                                       have improved so that consistently
                                                                       accurate results are now attainable.
Requirements for U.S. grade......  No change........................  N/A.
(a) U.S. Extra. U.S. Extra Grade   No change........................  N/A.
 dry whey conforms to the
 following requirements:
(1) Flavor. (applies to the        (1) Flavor. Reconstituted whey     We propose to change ``reliquefied'' to
 reliquefied form). Shall have a    shall have a normal whey flavor    ``reconstituted'' to more accurately
 normal whey flavor free from       free from undesirable flavors,     describe the process of converting dry
 undesirable flavors, but may       but may possess the following      whey to a liquid product. We propose to
 possess the following flavors to   flavors to a slight degree:        provide a Table 1 that includes the
 a.                                 Bitter, fermented, storage, and    allowed flavors and their
                                    utensil; and the following to a
                                    definite degree: feed and.
(2) Physical appearance..........  No change........................  N/A.
Has a uniform color, and is free   Dry whey shall possess uniform     We propose changes that would provide
 flowing, free from lumps that do   color. It shall be reasonably      consistency with other dairy products
 not break up under slight          free flowing, be free from lumps   standards and more clearly describe
 pressure, and is practically       except those that readily break    product meeting this grade requirement.
 free from visible dark particles.  up with slight pressure and be     We also propose to provide a Table II
                                    practically free from visible      that includes the allowed physical
                                    dark particles. See Table II of    appearance attributes and their
                                    this section.                      intensities. This would allow the reader
                                                                       to quickly identify physical appearance
                                                                       characteristics and intensities included
                                                                       in this standard.
(3) Bacterial estimate. Not more   (3) Bacterial estimate. Not more   We propose to reduce the bacterial
 than 50,000 per gram standard      than 30,000 per gram standard      estimate from not more than 50,000 per
 plate count.                       plate count. See table III of      gram to not more than 30,000 per gram to
                                    this section.                      reflect improvements in the quality of
                                                                       dry whey currently produced. We also
                                                                       propose to provide a Table III that
                                                                       includes information concerning
                                                                       microbiological and compositional
                                                                       requirements. This would allow the reader
                                                                       to quickly identify microbiological,
                                                                       compositional, and scorched particle
                                                                       requirements.

[[Page 38237]]

 
(4) Coliform. Not more than 10     (4) Coliform count not more than   We propose to include count following
 per gram.                          10 per gram. See table III of      coliform to be consistent with other
                                    this section.                      dairy products Standards. We also propose
                                                                       to provide a Table III that includes
                                                                       information concerning microbiological
                                                                       and compositional requirements. This
                                                                       would allow the reader to quickly
                                                                       identify microbiological, compositional,
                                                                       and scorched particle requirements.
(5) Milkfat content. Not more      (5) Milkfat content. Not more      We propose to provide a Table III that
 than 1.50 percent.                 than 1.50 percent. See Table III   includes information concerning
                                    of this section.                   microbiological and compositional
                                                                       requirements. This would allow the reader
                                                                       to quickly identify microbiological,
                                                                       compositional, and scorched particle
                                                                       requirements.
(6) Moisture content. Not more     (6) Moisture content. Not more     We propose to provide a Table III that
 than 5.0 percent.                  than 5.0 percent. See table III    includes information concerning
                                    of this section.                   microbiological and compositional
                                                                       requirements. This would allow the reader
                                                                       to quickly identify microbiological,
                                                                       compositional, and scorched particle
                                                                       requirements.
                                   (7) Scorched particles content.    We propose to relocate the requirement for
                                    Not more than 15.0 mg. See table   scorched particle content from the
                                    III of this section.               ``Optional tests'' section of this
                                                                       standard and include it as a required
                                                                       test for assignment of U.S. Grade. Test
                                                                       methods have improved so that
                                                                       consistently accurate results are now
                                                                       attainable. We also propose to provide a
                                                                       Table III that includes information
                                                                       concerning microbiological and
                                                                       compositional requirements. This would
                                                                       allow the reader to quickly identify
                                                                       microbiological, compositional, and
                                                                       scorched particle requirements.
                                   Table 1.--Classification of        We proposed to provide a Table I that
                                    Flavor.                            includes the allowed flavors and their
                                   Flavor Characteristics--U.S.        intensities. This would allow the reader
                                    Extra Grade.                       to quickly identify flavor
                                     Bitter--Slight.................   characteristics and intensities included
                                     Feed--Definite.................   in this standard.
                                     Fermented--Slight..............
                                     Storage--Slight................
                                     Utensil--Slight................
                                     Weedy--Definite................
                                   Table II.--Classification of       We proposed to provide a Table II that
                                    Physical Appearance.               includes the allowed physical appearance
                                   Physical Appearance                 attributes. This would allow the reader
                                    Characteristics--U.S. Extra        to quickly identify physical appearance
                                    Grade.                             characteristics and intensities included
                                     Color--Uniform.................   in this standard.
                                     Free flowing--Reasonably.......
                                     Lumpy--Slight pressure.........
                                     Visible dark particles--
                                    Practically free.
                                   Table III.--Classification         We propose to provide a Table III that
                                    According to Laboratory Analysis.  includes information concerning
                                   Laboratory tests--U.S. Extra        microbial, compositional, and scorched
                                    Grade.                             particle requirements. This would allow
                                     Bacterial estimate; Standard      the reader to quickly identify microbial,
                                    plate count; per gram (max)--      compositional, and scorched particle
                                    30,000.                            requirements included in this standard.
                                     Coliform count; per gram (max)--
                                    10.
                                     Milkfat content; percent (max)--
                                    1.5.
                                     Moisture content; percent
                                    (max)--5.0.
                                     Scorched particle content mg
                                    (max)--15.0.
Basis for acidity classification.  No change........................  N/A.
Acidity classification is not a    No change........................  N/A.
 U.S. grade requirement. Acidity
 classification will be made
 available only upon U.S. graded
 product and the results will be
 shown on the grading certificate.
The dry whey will be classified
 for acidity as follows:
    (a) Dry sweet-type whey. Dry   No change........................  N/A.
     whey not over 0.16 percent
     titratable acidity on a
     reconstituted basis.
    (b) Dry whey   % titratable    No change........................  N/A.
     acidity. Dry whey over 0.16
     percent, but below 0.35
     percent titratable acidity
     on a reconstituted basis.
     The blank being filled with
     the actual acidity.

[[Page 38238]]

 
    (c) Dry acid-type whey. Dry    No change........................  N/A.
     whey with 0.35 percent or
     higher titratable acidity on
     a reconstituted basis.
Reserved.........................  No change........................  N/A.
Optional tests...................  No change........................  N/A.
There are certain optional         There are certain optional         When U.S. Grade Standards were removed
 requirements in addition to        requirements in addition to        from the Code of Federal Regulations, it
 those specified in section, Sec.   those required for U.S. Grade      was no longer appropriate to reference
  58.2605.                          assignment.                        particular sections of the Code. We
                                                                       proposed to modify this sentence
                                                                       accordingly.
Tests for these requirements may   No change........................  N/A.
 be run occasionally at the
 option of the Department and
 will be run whenever they are
 requested by an interested party.
These optional requirements are
 as follows:
    (a) Protein content (N  x      No change........................  N/A.
     6.38). Not less than 11
     percent.
    (b) Alkalinity of ash (sweet-  No change........................  N/A.
     type whey only). Not more
     than 225 ml. of 0.1N HCI per
     100 grams.
    (c) Scorched particle           Relocated.......................  We propose to relocate the requirement for
     content. Not more than 15.0                                       scorched particle content from the
     mg.                                                               ``Optional Tests'' section of this
                                                                       standard and include it as a required
                                                                       test for assignment of U.S. Grade. Test
                                                                       methods have improved so that
                                                                       consistently accurate results are now
                                                                       attainable.
U.S. grade not assignable........  No change........................  N/A.
                                   Dry whey shall not be assigned     We propose to provide a preamble to this
                                    the U.S. grade for one or more     section that is consistent with other
                                    of the following reasons:.         dairy product standards.
(a) Dry whey which fails to meet   (a) The dry whey fails to meet     We propose editorial changes to provide
 the requirements of U.S. Extra     the requirements of U.S. Extra     consistency with other dairy product
 Grade shall not be assigned a      Grade.                             standards.
 U.S. grade.
(b) Dry whey which fails to meet   (b) The dry whey fails to meet     We propose editorial changes to provide
 the requirements of any optional   the requirements of any optional   consistency with other dairy product
 test, when tests have been made,   test, when tests have been made.   standards.
 shall not be assigned a U.S.
 grade.
(c) Dry whey produced in a plant   (c) The dry whey is produced in a  We propose editorial changes to provide
 found on inspection to be using    plant found on inspection to be    consistency with other dairy product
 unsatisfactory manufacturing       using unsatisfactory               standards.
 practice, equipment, or            manufacturing practice,
 facilities or to be operating      equipment, or facilities, or to
 under unsanitary plant             be operating under unsanitary
 conditions shall not be assigned   plant conditions.
 a U.S. grade.
Test Methods.....................  No change........................  N/A.
All required tests, and optional   No change........................  N/A.
 tests when specified, shall be
 performed in accordance with the
 following methods:.
(a) ``Methods of laboratory        (a) Scorched particle content      We propose to limit the use of USDA
 Analysis,'' DA instruction         shall be determined by the         specific test methods contained in 918-RL
 series 918-103-2, 918-103-5, 918-  method contained in the latest     to the evaluation of scorched particle
 109-2, and 918-109-3, Dairy        revision of 918-RL, Laboratory     content only. This is necessary because a
 Grading Branch, Poultry and        Methods and Procedures, USDA/AMS/  test method for scorched particles is not
 Dairy Quality Division,            Dairy Programs, Dairy Grading      provided by the Association of Official
 Agricultural Marketing Service,    Branch, Room 2746-S, 14th and      Analytical Chemists, the Standard Methods
 U.S. Department of Agriculture,    Independence Ave. SW.,             for the Examination of Dairy Products, or
 Washington, DC 20250, or the       Washington, DC 20250-0230.         the International Dairy Federation. We
 latest revision thereof.                                              also propose to identify three sources of
                                                                       test methods that can be used to analyze
                                                                       dry whey for determination of U.S. grade.
                                                                       Reference to these sources will eliminate
                                                                       the need for USDA to maintain a separate
                                                                       document to provide this test method
                                                                       information.
                                   (b) All other tests shall be       ..........................................
                                    performed by the methods
                                    contained in the latest edition
                                    of the ``Official Methods of
                                    Analysis of the Association of
                                    Official Analytical Chemists'',
                                    published by the Association of
                                    Official Analytical Chemists
                                    International, 481 North
                                    Frederick Avenue, Suite 500,
                                    Gaithersburg, MD 20877-2504; by
                                    the methods provided in the
                                    latest edition of the ``Standard
                                    Methods for the Examination of
                                    Dairy..

[[Page 38239]]

 
Explanation of Terms.............  No change........................  N/A.
Explanation of Terms.............  No change........................  N/A.
With respect to flavor.--(1)       No change........................  N/A.
 Slight.
An attribute barely identifiable   Detectable only upon critical      We propose to change the wording to
 and present only to a small        examination.                       provide consistency with other U.S. Grade
 degree.                                                               Standards for dry milk products.
(2) Definite. An attribute         (2) Definite. Not intense but      We propose to change the wording to
 readily identifiable and present   detectable..                       provide consistency with other U.S. Grade
 to a substantial degree.                                              Standards for dry milk products.
(3) Undesirable. Identifiable      (3) Undesirable. those flavors...  We propose to change the wording to
 flavors.                                                              provide consistency with other U.S. Grade
                                                                       Standards for dry milk products.
in excess of the intensity         No change........................  N/A.
 permitted, or those flavors not
 otherwise listed.
(4) Bitter. Distasteful, similar   No change........................  N/A.
 to taste of quinine.
(5) Feed. Feed flavors such as     (5) Feed. Feed flavors (such as    We propose to change the wording to
 alfalfa, sweet clover, silage,     alfalfa, sweet clover, silage,     provide consistency with other U.S. Grade
 or similar feed.                   or similar feed) in milk carried   Standards for dry milk products.
                                    through into dry whey.
(6) Fermented. Flavors such as     No change........................  N/A.
 fruity or yeasty, produced
 through unwanted chemical
 changes brought about by
 microorganisms or their enzyme
 systems.
(7) Storage. Lacking in freshness  (7) Storage. Lacking in freshness  We propose to change the wording to
 and imparting a ``rough'' or       and imparting a ``stale''          provide consistency with other U.S. Grade
 ``harsh'' aftertaste.              aftertaste.                        Standards for dry milk products.
(8) Utensil. A flavor that is      No change........................  N/A
 suggestive of improper or
 inadequate washing and.
sterilization of utensils or       sanitation of utensils or          We propose to change the wording to
 factory equipment.                 manufacturing equipment.           provide consistency with other U.S. Grade
                                                                       Standards for dry milk products.
(9) Weedy. Aromatic flavor         No change........................  N/A.
 characteristic of the weeds
 eaten by cows carried through
 into the dry whey.
(b) With respect to physical       No change........................  N/A.
 appearance: (1) Slight pressure.
 Only sufficient pressure to
 readily disintegrate the lumps.
(2) Practically free. Present      No change........................  N/A.
 only upon very critical
 examination.
(3) Free flowing. Capable of       (3) Reasonably free flowing.       We propose to change the wording to
 being poured continuously          Pours in a fairly constant,        provide consistency with other U.S. Grade
 without interruption.              uniform stream from the open end   Standards for dry milk products.
                                    of a tilted container or scoop.
(4) Lumps. Loss of powdery         No change........................  N/A.
 consistency but not caked into
 hard chunks.
(5) Uniform color. Free from       No change........................  N/A.
 variation in shades or color.
(6) Visible dark particles. The    (6) Visible dark particles. The    We propose to change the wording to
 presence of scorched or            presence of scorched or            provide consistency with other U.S. Grade
 discolored specks capable of       discolored specks readily          Standards for dry milk products.
 being seen by the eye.             visible to the eye.
----------------------------------------------------------------------------------------------------------------
\1\ Compliance with these standards does not excuse failure to comply with the provisions of the Federal Food,
  Drug and Cosmetic Act.


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


    Dated: June 13, 2000.
Kathleen A. Merrigan,
Administrator, Agricultural Marketing Service.
[FR Doc. 00-15446 Filed 6-19-00; 8:45 am]
BILLING CODE 3410-02-P


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