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[Federal Register Volume 70, Number 200 (Tuesday, October 18, 2005)]
[Notices]
[Pages 60486-60487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20860]

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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Docket Number FV-04-308]

United States Standards for Grades of Sweet Peppers

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice.

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SUMMARY: The Agricultural Marketing Service (AMS) of the Department of 
Agriculture (USDA) is revising the United States Standards for Grades 
of Sweet Peppers. The revision will allow sweet peppers to be marketed 
as mixed varieties and/or colors when marked with more than one variety 
or color on the container. The decay tolerance will be revised to 
include only those sweet peppers which are affected by decay on the 
wall and/or calyx. Decay affecting only stems will no longer fall under 
the restricted decay tolerance. It will be scored against the five 
percent serious damage tolerance for U.S. Fancy and U.S. No 1 grades 
and against the five percent restrictive tolerance for the U.S. No. 2 
grade. The requirement to designate peppers which fail to meet the 
color requirements of their respective grades or respective (color 
specified) grade will be made optional. The ``Unclassified'' section 
will be deleted. The purpose for this revision is to update and revise 
the standards to accurately represent today's marketing practices.

DATES: Effective Date: November 17, 2005.

FOR FURTHER INFORMATION CONTACT: Cheri Emery, Standardization Section, 
Fresh Products Branch, Fruit and Vegetable Programs, Agricultural 
Marketing Service, U.S. Department of Agriculture, 1400 Independence

[[Page 60487]]

Avenue, SW., Room 1661 South Building, STOP 0240, Washington, DC 20250-
0240, Fax (202) 720-8871 or call (202) 720-2185; E-mail 
[email protected]. The revised United States Standards for Grades of 
Sweet Peppers will be available either through the address cited above 
or by accessing the Fresh Products Branch website at http://www.ams.usda.gov/standards/stanfrfv.htm.

SUPPLEMENTARY INFORMATION: Section 203(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.'' The Agricultural Marketing 
Service (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/
Fruit and Vegetable Programs.
    AMS is revising the voluntary U.S. Standards for Grades of Sweet 
Peppers using procedures that appear in Part 36 Title 7 of the Code of 
Federal Regulations (7 CFR part 36). These standards were last revised 
in 1989.

Background

    On June 15, 2004, AMS published a notice in the Federal Register 
(69 FR 33345) soliciting comments on the possible revision to the 
United States Standards for Grades of Sweet Peppers. AMS received three 
comments in response to the notice. Two comments were in favor of 
revising the decay tolerance. The decay tolerance will be revised to 
include only those sweet peppers which are affected by decay on the 
wall and/or calyx. Decay affecting only stems will no longer fall under 
the restricted two percent decay tolerance, it will be scored against 
the five percent serious damage tolerance for U.S. Fancy and U.S. No 1 
grades and against the five percent restrictive tolerance for the U.S. 
No. 2 grade. The third comment was not in favor of changing the decay 
tolerance. In addition, this commenter requested changes for sizing and 
color issues within the standard.
    A second notice was published in the March 11, 2005, Federal 
Register (70 FR 12176-7) based on three comments received from the 
first notice. AMS received two comments in response to the second 
notice. One comment was in favor of the proposed revision to the 
standards changing the scoring of decay by separating stem decay from 
decay affecting the walls and/or calyxes. The other comment was opposed 
to those changes. The comments are available by accessing AMS's Home 
Page on the Internet at http://www.ams.usda.gov/fv/fpbdocketlist.htm.
    One comment from an industry association which represents growers, 
packers and shippers, is in favor of the revision to the decay 
tolerance. The commenter stated the change will have a positive impact 
on the marketing of sweet peppers.
    One comment opposing the revision to the decay tolerance stated 
that all decay has a serious negative impact on the appearance and 
marketability of the product and requested not to change the decay 
scoring and reporting. The commenter also stated that decay affecting 
the stems, walls, and calyxes should be scored against any grade 
(requirements and tolerances). AMS has reviewed stem decay affecting 
various commodities and believes the proposed changes would bring sweet 
peppers in line with other grade standards with respect to stem decay. 
Decay affecting the stem only does not affect the edible portion of the 
sweet pepper, and does not affect the marketability to the same degree 
as decay affecting the wall and/or calyx. AMS believes a revision to 
the decay tolerance is warranted to best serve the industry.
    Current marketing practices for specialty packs which include mixed 
varieties and/or colors of sweet peppers would not meet the similar 
varietal characteristic requirements for all grades in the standards. 
Accordingly, AMS is revising the similar varietal requirement to allow 
mixed varieties and/or colors of sweet peppers when containers are 
marked with more than one variety and/or color.
    AMS will also eliminate the unclassified category. This section is 
not a grade and only serves to show that no grade has been applied to 
the lot. This section will be removed from all fresh fruit and 
vegetable standards. It is no longer considered necessary.
    AMS requested comments on industry terms for size based on 1\1/9\ 
bushel containers. AMS received a comment in favor of developing size 
requirements. The commenter also requested size definitions (small, 
medium, large, extra large and jumbo) for peppers packed in 1\1/9\ 
bushel containers which are based on a count per container, as well as 
minimum diameters and lengths for each category. Further, the commenter 
requested marking requirements which would require cartons to be marked 
by count and/or size. AMS is not changing the current size 
requirements. The commenter's study submitted was based on only twenty-
two cartons that contained five size categories. A greater number of 
statistical samples of each size would need to be submitted for 
consideration. Further, AMS believes it would be impractical to apply 
such requirements due to the various varietal characteristics of sweet 
peppers regarding shape and size, and the lack of a standardized 
container within the industry.
    The official grade of a lot of sweet peppers covered by these 
standards are 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).
    The U.S. Standards for Grades of Sweet Peppers will become 
effective 30 days after publication of this notice in the Federal 
Register.

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

    Dated: October 13, 2005.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. 05-20860 Filed 10-17-05; 8:45 am]
BILLING CODE 3410-02-P
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