`[Federal Register Volume 73, Number 56 (Friday, March 21, 2008)]
[Rules and Regulations]
[Pages 15052-15058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-1058]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 51

[Docket AMS-2006-0136; FV-06-303]


Potatoes; Grade Standards

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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

SUMMARY: This rule revises the United States Standards for Grades of 
Potatoes. These standards are issued under the Agricultural Marketing 
Act of 1946. The rule provides en route or at destination tolerances 
for the U.S. No. 1 and U.S. No. 2 grades, revises current tolerances in 
all grades, deletes the U.S. Extra No. 1 grade and ``Unclassified'' 
section, and defines damage and serious damage by the following defects 
which will be added to Table III of the External Defects section: Cuts, 
Clipped Ends, Elephant Hide, Flattened or Depressed Areas/Pressure 
Bruises, Grub Damage, Nematode (Root Knot), Rodent or Bird Damage, 
Russeting, Silver Scurf, Sunken Discolored Areas, and Surface Cracks. 
The following defects and scoring guidelines that are currently listed 
in Table III of the External Defects section are also revised to 
reflect current inspection instructions: Air Cracks, Bruises, External 
Discoloration, Flea Beetle Injury, Greening, Growth Cracks, 
Rhizoctonia, Pitted Scab, Russet Scab, Surface Scab, and Wireworm or 
Grass Damage. Also, changes to the current scoring guide for sprouts 
are being made. In the Internal Defects section, Internal Black Spot is 
revised by implementing a color chip to assist in the scoring of this 
defect. Also, Table IV in this section is redesignated as Table I. 
Additionally, a revised large size is added as well as the inclusion of 
Chef and Creamer sizes. Most of the changes were the result of the 
detailed work performed by the Joint U.S./Canadian Potato Council that 
was charged with harmonizing the U.S. and Canadian Potato Grade 
Standards. This rule updates and revises the standards to more 
accurately reflect today's marketing practices.

DATES: Effective April 21, 2008.

FOR FURTHER INFORMATION CONTACT: Vincent J. Fusaro, Standardization 
Section, Fresh Products Branch, (202) 720-2185. The United States 
Standards for Grades of Potatoes are available through the Fresh 
Products Branch Web site at: http://www.ams.usda.gov/standards/stanfrfv.htm.

SUPPLEMENTARY INFORMATION:

Executive Order 12866 and 12988

    The Office of Management and Budget has waived the review process 
required by Executive Order 12866 for this action. This rule has been 
reviewed under Executive Order 12988, Civil Justice Reform. This action 
is not intended to have retroactive effect. This 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 the rule.

Regulatory Flexibility Act and Paperwork Reduction Act

    The Joint U.S./Canadian Harmonization Council (Council) which was 
established by the United States Secretary of Agriculture and the 
Canadian Minister of Agriculture, is charged with harmonizing the U.S. 
and Canadian grade standards. The United States Standards for Grades of 
Potatoes was last revised in 1991. The Council, which consists of 
representatives from the industry and government, meets annually to 
discuss issues concerning cross border marketing and trade of potatoes. 
AMS and the Canadian Food Inspection Agency (CFIA) have been working 
with the Council for the past 14 years in the harmonizing of the 
standards. To complete the harmonization process, both the Canadian and 
U.S. grade standards, require revisions. The revision will benefit all 
aspects of the potato industry and make the standards current with 
today's marketing trends and practices.
    Pursuant to the requirements set forth in the Regulatory 
Flexibility Act (5 U.S.C. 601-612) (RFA), AMS has considered the 
economic impact of this action on small entities. The purpose of the 
RFA is to fit regulatory actions to the scale of businesses subject to 
such actions in order that small businesses will not be unduly or 
disproportionately burdened. Accordingly, AMS has prepared this final 
regulatory flexibility analysis. Interested parties are invited to 
submit information on the regulatory and informational impacts of this 
action on small businesses.
    This rule revises the U.S. Standards for Grades of Potatoes that 
were issued under the Agricultural Marketing Act of 1946 (7 U.S.C. 
1621-1627) (Act). Standards issued under the Act are voluntary.
    Small agricultural service firms, which include handlers and 
importers, have been defined by the Small Business Administration (SBA) 
(13 CFR 121.201) as those having annual receipts of less than 
$6,500,000, and small agricultural producers are defined as those 
having annual receipts of less than $750,000. Using annual data from 
the National Agricultural Statistics Service (NASS), the average potato 
crop value for 2002-2004 is $2.538 billion. Dividing that figure by 
9,408 farms yields an average potato crop value per farm of just under 
$270,000. Since this is well under the SBA threshold of annual receipts 
of $750,000, it can be concluded that the majority of these producers 
may be classified as small entities. Additionally, there are 
approximately 180 handlers of potatoes which are classified as small 
entities, that may be affected by this rule.
    Additional evidence comes from examining the Agricultural Census 
acreage breakdown more closely. Out of a total of 9,408 potato farms in 
2002, 60 percent were under 5 acres and 76 percent were under 100 
acres. An estimate of the number of acres that it would take to produce 
a crop valued at $750,000 can be made by dividing the 2002-04 average 
crop value of $2.538 billion by three-year average bearing acres (1.227 
million), yielding an average potato revenue per acre estimate of 
$2,068. Dividing $750,000 by $2,068 shows that farms with at least 363 
acres that received at least the average price in 2002-04 would have 
produced crops valued at $750,000 or more, and would therefore be 
considered large potato

[[Page 15053]]

farms under the SBA definition. Looking at farm numbers for additional 
census size categories shows that 8,084 potato farms (86 percent) are 
under 250 acres and 8,735 (92 percent) are under 500 acres. Since a 
farm with 363 acres of potatoes falls into the middle of this range, it 
can be concluded that the proportion of small potato farms under the 
SBA definition is likely to be between 86 and 90 percent of all U.S. 
potato farms.
    In addition, an estimated 168 importers of potatoes may be affected 
by this rule. Many of these importers may be classified as small 
entities.
    This rule develops en route or at destination tolerances for the 
U.S. No. 1 and U.S. No. 2 grades, revises the current tolerances in all 
grades, deletes the ``Unclassified'' section, and defines damage and 
serious damage by the following defects which will be added to Table 
III of the External Defects section: Cuts, Clipped Ends, Elephant Hide, 
Flattened or Depressed Areas/Pressure Bruises, Grub Damage, Nematode 
(Root Knot), Rodent or Bird Damage, Russeting, Silver Scurf, Sunken 
Discolored Areas, and Surface Cracks. The following defects and scoring 
guidelines that are currently listed in Table III of the External 
Defects section are revised to reflect current inspection instructions: 
Air Cracks, Bruises, External Discoloration, Flea Beetle Injury, 
Greening, Growth Cracks, Rhizoctonia, Pitted Scab, Russet Scab, Surface 
Scab, and Wireworm or Grass Damage. Also, a revision to the current 
scoring guide for sprouts was proposed. In the Internal Defects 
section, Internal Black Spot is revised by implementing a color chip to 
assist in the scoring of this defect. Also, Table IV in this section is 
redesignated as Table I. Additionally, a revised large size as well as 
a Chef and Creamer sizes are added to the size section of the standard.
    The effects of this rule are not expected to be disproportionately 
greater or smaller for small handlers, producers, or importers than for 
larger entities. This action would make the standard more consistent 
and uniform with marketing trends and practices. This action will not 
impose any additional reporting or recordkeeping requirements on either 
small or large potato producers, handlers, or importers. USDA has not 
identified any Federal rules that duplicate, overlap, or conflict with 
this rule. However, there are marketing programs which regulate the 
handling of potatoes under 7 CFR parts 945-948 and 953. Potatoes under 
a marketing order have to meet certain requirements set forth in the 
grade standards. In addition, potatoes are subject to section 8e import 
requirements under the Agricultural Marketing Act of 1937, as amended 
(7 U.S.C. 601-674) which requires imported potatoes to meet grade, 
size, and quality under the applicable marketing order (7 CFR part 
980).
    A proposed rule regarding these revisions to the United States 
Standards for Grades of Potatoes was published in the Federal Register 
on September 22, 2006 [71 FR 55356]. A comment period of sixty days was 
issued which closed on November 21, 2006.

Comments

    In response to the request for comments, AMS received comments from 
twenty-five respondents in regards to the proposed revisions. One 
response was from a potato committee, and fifteen additional comments 
were received from the committee's members, all supporting the 
proposal. Four comments were received from a potato council 
representing growers and producers of potatoes, of which three of the 
comments supported the proposal. One supporting comment was from a 
national trade association representing independent produce receivers, 
and two supporting comments were received from two State potato 
committees. One comment was received from a shipper supporting the 
proposed rule, while another shipper's comments opposed the entire 
proposed rule. In addition to commenting in support or opposition to 
the proposed rule, some commentors also proposed additional revisions.
    A comment received from a potato shipper opposing the entire 
proposed rule stated while the shipper supported revisions to the 
standards that make the inspection process more consistent, the shipper 
did not agree with relaxing the U.S. standards in order to harmonize 
them with Canada's standards. The proposed revisions are generally for 
defects and scoring guidelines that were defined as materially 
detracting from the appearance of the potato. The intent of these 
revisions is not to relax the standards or allow for inferior product. 
The revised scoring guidelines were adopted by the harmonization 
committee to make the two standards more consistent and uniform with 
one another; which would also assist in the importing and exporting of 
potatoes between the two countries. Accordingly, AMS is proceeding with 
the revision as proposed.
    AMS proposed the deletion of the U.S. Extra No. 1 and the 
``Unclassified'' section. One comment was received from a national 
trade association supporting the deletion of the U.S. Extra No. 1 
grade, but was opposed to deleting the ``Unclassified'' section because 
they believe that it serves a useful purpose in categorizing ungraded 
lots of potatoes. Some sectors of the industry have assumed that 
``Unclassified'' is an actual grade. However, ``Unclassified'' is not 
an actual grade. Further, unclassified is being deleted from all 
standards that are revised because 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. Therefore, to avoid further confusion all 
references to this term are eliminated.
    AMS proposed adding a ``Chef'' and ``Creamer'' size as well as 
increasing the maximum diameter and weight in the Large size from 4\1/
4\ inches or 16 ounces to 4\1/2\ inches or 28 ounces. One comment was 
received from a State committee also supporting the proposal, but 
recommended the USDA change the creamer maximum diameter from the 
proposed 1\5/8\ inches to 1\7/8\ inches. The commentor believes the 
1\7/8\ inches corresponds to what is currently being used in the 
industry for ``C'' or creamer type potatoes. The proposed maximum 
diameter of 1\5/8\ inches was determined to be best suited to be used 
by the U.S. and Canada for national and international trade. 
Additionally, the committee asks that the ``Chef'' designation be 
reevaluated as it has a very similar size profile encompassing both the 
medium and the proposed large size. This size was proposed by the 
industry and has been in practice by some members of both U.S. and 
Canadian industry, prior to this proposal. Therefore, AMS is proceeding 
with the chef and creamer sizes as proposed.
    AMS proposed ``en route'' or ``at destination'' tolerances in the 
U.S. No. 1 and No. 2 grades as well as deleting the 3 percent tolerance 
for potatoes which are affected by freezing, southern bacterial wilt, 
ring rot, late blight, soft rot or wet breakdown. An opposing comment 
was received from a national trade association stating that its members 
opposed the en route or at destination tolerances because they believe 
it would dilute the grades and allow for a lesser quality product to 
enter the marketplace. We disagree. ``en route'' or ``at destination'' 
tolerances are generally applicable to all lots and will make this 
standard consistent with other U.S. standards. The tolerances are 
intended to better reflect product quality in the marketplace. The 
comment also stated that good delivery tolerances under the Perishable 
Agricultural Commodities Act (PACA) already allowed for damage en route 
or at destination. While there is PACA suitable shipping condition 
guidelines

[[Page 15054]]

in place, they are a separate set of guidelines which are not 
applicable to these standards. Furthermore, ``en route'' or ``at 
destination'' tolerances are generally applicable to all lots and will 
make this standard consistent with other U.S. standards. Therefore, AMS 
is proceeding with the revisions as proposed.
    AMS proposed defining damage and serious damage for the following 
defects as well as adding them to Table III in the External Defects 
section: Cuts, Clipped Ends, Elephant Hide, Flattened or Depressed 
Areas/Pressure Bruises, Grub Damage, Nematode (Root Knot), Rodent or 
Bird Damage, Russeting, Silver Scurf, Sunken Discolored Areas, and 
Surface Cracks. Five commenters opposed and requested tighter scoring 
criteria. One commenter said its members were dissatisfied with the 
proposed scoring criteria even though the intent is to provide an 
objective means of evaluating defects, beyond materially/seriously 
detracting from the appearance of the potato. In their view the 
proposed changes are too lenient. Additionally, two commenters believed 
the proposed 50 percent of the surface area allowed for silver scurf 
was too strict and recommended it be set at 55 percent of the surface 
area. They also suggested the term aggregate be used when referencing 
removal of damage caused by root knot nematodes. The proposed scoring 
guidelines, including silver scurf, as well as the current application 
of the potato inspection instructions reflect the results of studies 
conducted under the U.S./Canadian Harmonization Project. As such, the 
standards should be updated to reflect current market practices. Damage 
caused by root knot nematodes is currently scored on a waste basis by 
weight, therefore the use of the term aggregate is not necessary. 
Therefore, AMS is proceeding with the revisions as proposed.
    AMS also proposed the following defects and scoring guidelines, 
which are currently listed in Table III of the External Defects 
section, be modified to reflect current inspection instructions: Air 
Cracks, Bruises, External Discoloration, Flea Beetle Injury, Greening, 
Growth Cracks, Rhizoctonia, Pitted Scab, Russet Scab, Surface Scab, and 
Wireworm or Grass Damage.
    One commentor opposed the proposed scoring guide for growth cracks 
because he believes the depth guide is too lenient and doesn't take 
into account how growth cracks can alter the shape as to materially 
detract from the form of the potato. Growth cracks and misshapen tubers 
are two separate defects with individual scoring guidelines. If the 
shape of the potato is altered or compromised, the scoring guidelines 
for shape, which are currently in the standard would apply. Revising 
the scoring criteria for growth cracks provides an objective means of 
evaluating this particular defect. Therefore, the scoring guide is 
revised as proposed.
    A comment was received suggesting AMS review the scoring criteria 
in the proposal for both grub damage and rodent or bird damage due to 
each defect having the same criteria for damage and serious damage. 
After reviewing these proposed scoring criteria, AMS has identified 
errors that were made in the proposed scoring criteria for serious 
damage. The scoring criteria for serious damage in both defects 
incorrectly stated ``i.e. more than \3/4\ inch on a 2\1/2\ inch or 6 
ounce potato.'' Therefore, the scoring criteria has been corrected to 
read, ``i.e. more than 1\1/4\ inch on a 2\1/2\ inch or 6 ounce 
potato.'' This final rule reflects these changes.
    Four comments suggested that AMS remove all references to 
``appearance'' or ``when materially detracting from appearance of the 
potato'' when determining scoring criteria for any defect. In their 
view, this would provide an objective means of evaluating the defects 
and would avoid the subjectivity of opinion. AMS is removing all 
references to ``appearance'' or ``when materially detracting from 
appearance of the potato'' when possible. However, these references can 
not be removed from all the defects or their scoring guidelines due to 
several factors associated with these defects and their progression. 
For example, some defects will progress more rapidly than others when 
they are exposed to any moisture, therefore making it more difficult to 
meet specific scoring criteria when more time is needed during storage 
and/or transportation. Also, the proposed references to ``appearance'' 
or ``when materially detracting from appearance of the potato'' in the 
scoring criteria for bruising, were made in error. Therefore, AMS is 
removing in this final rule, the references to ``appearance'' or ``when 
materially detracting from appearance of the potato'' in the scoring 
guidelines for bruising.
    One comment received concerned internal black spot. The comment 
asked for a comment period to be opened on color chip POT-CC-2 
(internal black spot). The comments asserted that it would be difficult 
for the industry to make a reasonable comment on the chip itself when 
there are no alternatives. Prior to the developing of this rule, AMS, 
Fresh Product Branch field offices presented three alternative color 
chips were distributed to a large number of potato growers, packers, 
and wholesale marketers to determine which color chip was appropriate 
to use in the standards. The color chip that was selected reflects a 
consensus of industry feedback. Therefore, the color chip POT-CC-2 will 
be referenced as stated in the proposal.
    Several commenters also suggested that color chips or visual aids 
be developed for external discoloration, greening, and elephant hide. 
They believe this would be a useful tool for identifying and scoring 
these defects. AMS develops color chips or visual aids continuously and 
will evaluate the needs for developing color chips or visual aids for 
the proposed defects. Color chips for the suggested defects above 
require additional research which can not be addressed in this action. 
However, AMS will review and evaluate the issue at a later date.
    AMS proposed revising the scoring guidelines for sprouts to read as 
follows: Score as damage when not more than 5 percent of the potatoes 
in a lot may have individual or clusters of sprouts not more than \1/4\ 
inch at shipping point and \1/2\ inch at destination. Score as serious 
damage when not more than 10 percent of the potatoes in a lot may have 
individual or clusters of sprouts not more than \1/2\ inch at shipping 
point and 1 inch at destination. AMS received four comments opposing 
this revision. They believe the existence of a \3/4\ inch sprout 
constitutes a level of damage unacceptable to the industry. They also 
believe there should be no distinction between shipping point and 
destination. While there are measures in place throughout the marketing 
chain to control the development of sprouts, sprouts can nonetheless 
naturally progress while potatoes are in transit. An en route or at 
destination tolerance takes into account the natural progression of 
this defect, but should not compromise the quality of the U.S. No. 1 
grade. Therefore, AMS is revising the scoring guideline for sprouts as 
proposed.
    Additionally, a comment was received suggesting AMS give special 
consideration to allow for packing a U.S. No. 1 mixed variety of 
potato. This change is outside the scope of this rulemaking but will be 
considered separately at a later time.
    Based on all the comments received and information gathered, AMS 
believes these revisions to the standards will foster marketing of 
fresh potatoes.
    The official grade of a lot of potatoes covered by these standards 
are determined by the procedures set forth

[[Page 15055]]

in the Regulations Governing Inspection, Certification, and Standards 
of Fresh Fruits, Vegetables and Other Products (Sec. 51.1 to 51.61).

List of Subjects in 7 CFR Part 51

    Agricultural commodities, Food grades and standards, Fruits, Nuts, 
Reporting and recordkeeping requirements, Trees, Vegetables.

PART 51--[AMENDED]

0
For reasons set forth in the preamble, 7 CFR part 51 is amended as 
follows:
0
1. The authority citation for part 51 continues to read as follows:

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

Subpart--United States Standards for Grades of Potatoes Sec.  
51.1540 [Removed and Reserved]

0
2. Remove and reserve Sec.  51.1540.


Sec.  51.1544  [Removed and Reserved]

0
3. Remove and reserve Sec.  51.1544.

0
4. In Sec.  51.1545, Table I is revised to read as follows:


Sec.  51.1545   Size.

* * * * *

                                                     Table I
----------------------------------------------------------------------------------------------------------------
                                                                    Minimum diameter \1\ or    Maximum diameter
                                                                            weight              \1\ or weight
                         Size designation                         ----------------------------------------------
                                                                      Inches       Ounces       Inches    Ounces
----------------------------------------------------------------------------------------------------------------
Creamer..........................................................        \3/4\        (\3\)       1\5/8\  (\3\)
Chef.............................................................       2\3/4\            8       4\1/2\   28
Size A \2\.......................................................       1\7/8\        (\3\)        (\3\)  (\3\)
Size B...........................................................       1\1/2\           -3       2\1/4\   -3
Small............................................................       1\3/4\           -3       2\1/2\    6
Medium...........................................................       2\1/4\            5       3\1/4\   10
Large............................................................            3           10       4\1/2\   28
----------------------------------------------------------------------------------------------------------------
\1\ Diameter means the greatest dimension at right angles to the longitudinal axis, without regard to the
  position of the stem end.
\2\ In addition to the minimum size specified, a lot of potatoes designated as Size A shall contain at least 40
  percent of potatoes which are 2\1/2\ inches in diameter or larger or 6 ounces in weight or larger.
\3\ No requirement.

* * * * *

0
5. In Sec.  51.1546, paragraph (a) is revised to read as follows:


Sec.  51.1546  Tolerances.

* * * * *
    (a) For defects--(1) U.S. No. 1. At Shipping Point. A total of 8 
percent for potatoes in any lot which fail to meet the requirements for 
the grade: Provided, that included in this tolerance not more than the 
following percentages shall be allowed for the defects listed:
    (i) 5 percent for external defects;
    (ii) 5 percent for internal defects;
    (iii) Including therein not more than 1 percent for potatoes which 
are frozen or affected by soft rot or wet breakdown.
    (2) En route or at Destination. A total of 10 percent for potatoes 
in any lot which fail to meet the requirements for the grade: Provided, 
that included in this tolerance not more than the following percentages 
shall be allowed for the defects listed:
    (i) 7 percent for external defects;
    (ii) 7 percent for internal defects;
    (iii) Including therein not more than 2 percent for potatoes which 
are frozen or affected by soft rot or wet breakdown. See Sec.  51.1547.
    (3) U.S. Commercial. A total of 20 percent for potatoes in any lot 
which fail to meet the requirements for the grade: Provided, that 
included in this tolerance not more than the following percentages 
shall be allowed for the defects listed:
    (i) 10 percent for potatoes which fail to meet the requirements for 
U.S. No. 2 grade, including therein not more than:
    (ii) 6 percent for external defects;
    (iii) 6 percent for internal defects; or,
    (iv) Including therein not more than 1 percent for potatoes which 
are frozen or affected by soft rot or wet breakdown. See Sec.  51.1547.
    (4) U.S. No. 2. At Shipping Point: A total of 10 percent for 
potatoes in any lot which fail to meet the requirements for the grade: 
Provided, that included in this tolerance not more than the following 
percentages shall be allowed for the defects listed:
    (i) 6 percent for external defects;
    (ii) 6 percent for internal defects;
    (iii) Including therein not more than 1 percent for potatoes which 
are frozen or affected by soft rot or wet breakdown.
    (5) En route or at Destination: A total of 12 percent for potatoes 
in any lot which fail to meet the requirements for the grade: Provided, 
that included in this tolerance not more than the following percentages 
shall be allowed for the defects listed:
    (i) 8 percent for external defects;
    (ii) 8 percent for internal defects;
    (iii) Including therein not more than 2 percent for potatoes which 
are frozen or affected by soft rot or wet breakdown. See Sec.  51.1547.
* * * * *

0
6. In Sec.  51.1564, Table III is revised, and new Tables IV, V, and VI 
are added to read as follows:


Sec.  51.1564  External defects.

* * * * *

                      Table III.--External Defects
------------------------------------------------------------------------
           Defect                    Damage            Serious damage
------------------------------------------------------------------------
Air Cracks..................  When removal causes   When removal causes
                               a loss of more than   a loss of more than
                               5 percent of the      10 percent of the
                               total weight of the   total weight of the
                               potato or when the    potato or when the
                               air crack(s)          air crack(s)
                               affects more than     affects more than
                               \1/3\ the length or   \3/4\ the length or
                               diameter of the       diameter of the
                               potato (whichever     potato (whichever
                               is greater) in the    is greater) in the
                               aggregate.            aggregate.

[[Page 15056]]

 
Artificial Coloring.........  When unsightly or     When concealing a
                               when concealing any   serious defect or
                               defect causing        when penetrating
                               damage or when        into the flesh and
                               penetrating the       removal causes loss
                               flesh and removal     of more than 10
                               causes loss of more   percent of total
                               than 5 percent of     weight of potato.
                               total weight of
                               potato.
Bruises (Not including        When removal causes   When removal causes
 pressure bruise and sunken    a loss of more than   a loss of more than
 discolored areas).            5 percent of the      10 percent of the
                               total weight of the   weight of the
                               potato or when the    potato or when the
                               area affected is      area affected is
                               more than 5 percent   more than 10
                               of the surface in     percent of the
                               the aggregate (i.e.   surface in the
                               \3/4\ inch on a 2\1/  aggregate (i.e. 1\1/
                               2\ inch or 6 oz.      4\ inches on a 2\1/
                               potato).              2\ inch or 6 oz.
                               Correspondingly       potato).
                               lesser or greater     Correspondingly
                               areas in smaller or   lesser or greater
                               larger potatoes.      areas in smaller or
                                                     larger potatoes.
Cuts........................  When one smooth cut   Cut(s) that affect
                               affects more than 5   more than 10
                               percent of the        percent of the
                               surface area.         surface area in the
                                                     aggregate or when a
                                                     single side cut
                                                     extends beyond \1/
                                                     2\ the length of
                                                     the potato.
Dirt........................  When materially       When seriously
                               detracting from the   detracting from the
                               appearance of the     appearance of the
                               potato.               potato.
Elephant Hide...............  When affecting over   When affecting over
                               10 percent of the     25 percent of the
                               surface area of the   surface area.
                               potato.
Enlarged Lenticels..........  When materially       When seriously
                               detracting from the   detracting from the
                               appearance of the     appearance of the
                               potato.               potato.
External Discoloration        When more than 30     When more than 60
 (Areas that are light tan     percent of the        percent of the
 or lighter in color and       surface is affected   surface is affected
 blends should be ignored).    by light tan or       by light tan or
                               light brown colors    light brown colors
                               which do not blend    which do not blend
                               or when more than     or when more than
                               15 percent of the     30 percent of the
                               surface is affected   surface is affected
                               by colors darker      by colors darker
                               than light tan or     than light tan or
                               light brown.          light brown.
Flattened or Depressed Areas/ When removal of       When removal of
 Pressure Bruises.             underlying            underlying
                               discolored flesh      discolored flesh
                               causes a loss of      the causes a loss
                               more than 5 percent   of more than 10
                               of the total weight   percent of the
                               of the potato or      weight of the
                               when the flattened    potato or when the
                               or depressed          flattened depressed
                               area(s) covers more   area(s) covers more
                               surface area than     surface area than
                               allowed in Table      allowed in the
                               IV. (See Table IV.).  Table IV. (See
                                                     Table IV.)
Flea Beetle Injury..........  When materially       When seriously
                               detracting from the   detracting from the
                               appearance or when    appearance of the
                               removal causes a      potato or when
                               loss of more than 5   removal causes a
                               percent of the        loss of more than
                               total weight of the   10 percent of the
                               potato or when the    weight of the
                               area affected is      potato or when the
                               more than 5 percent   area affected is
                               of the surface in     more than 10
                               the aggregate.        percent of the
                                                     surface in the
                                                     aggregate.
Greening....................  When removal causes   When removal causes
                               a loss of more than   a loss of more than
                               5 percent of the      10 percent of the
                               total weight of the   weight of the
                               potato or when        potato or when
                               green color affects   green color affects
                               more than 25          more than 50
                               percent of the        percent of the
                               surface in the        surface in the
                               aggregate.            aggregate.
Growth Cracks...............  When the growth       When the growth
                               crack(s) affects      crack(s) affects
                               more than \1/2\ the   more than \3/4\ the
                               length of the         of the length
                               potato in the         potato in the
                               aggregate on round    aggregate or when
                               varieties or more     the depth is
                               than \1/3\ the        greater than that
                               length in the         as outlined in
                               aggregate on long     Table V. (See Table
                               varieties; or, when   V.)
                               the depth is
                               greater than that
                               as outlined in
                               Table V. (See Table
                               V.).
Grub Damage.................  When removal causes   When removal causes
                               a loss of more than   a loss of more than
                               5 percent of the      10 percent of the
                               total weight of the   total weight of the
                               potato or when        potato or when
                               affecting more than   affecting more than
                               5 percent of the      10 percent of the
                               surface area (i.e.    surface area (i.e.
                               more than \3/4\       more than 1\1/4\
                               inch on a 2\1/2\      inch on a 2\1/2\
                               inch or 6 ounce       inch or 6 ounce
                               potato).              potato).
                               Correspondingly       Correspondingly
                               lesser or greater     lesser or greater
                               areas in smaller or   areas in smaller or
                               larger potatoes.      larger potatoes.
Insects or Worms............  (See Serious          When present inside
                               Damage.).             the potato.
Nematode (Root Knot)........  When removal causes   When removal causes
                               loss of more than 5   loss of more than
                               percent of total      10 percent of total
                               weight of potato.     weight of potato.
Rhizoctonia.................  When affecting more   When affecting more
                               than 15 percent of    than 50 percent of
                               the surface in the    the surface in the
                               aggregate.            aggregate.
Russeting (On Non Russet      When more than 50     N/A.
 Type).                        percent of the
                               surface is affected
                               in the aggregate.
Rodent or Bird Damage.......  When removal causes   When removal causes
                               a loss of more than   a loss of more than
                               5 percent of the      10 percent of the
                               total weight of the   total weight of the
                               potato or when        potato or when
                               affecting more than   affecting more than
                               5 percent of the      10 percent of the
                               surface area (i.e.    surface area (i.e.
                               more than \3/4\       more than 1\1/4\
                               inch on a 2\1/2\      inch on a 2\1/2\
                               inch or 6 ounce       inch or 6 ounce
                               potato).              potato).
                               Correspondingly       Correspondingly
                               lesser or greater     lesser or greater
                               areas in smaller or   areas in smaller or
                               larger potatoes.      larger potatoes.
Scab, Pitted................  When removal causes   When the removal
                               a loss of more than   causes a loss of
                               5 percent of the      more than 10
                               total weight of the   percent of the
                               potato or when scab   total weight of the
                               affects an            potato or when scab
                               aggregate area of     affects an
                               more than \1/2\       aggregate area of
                               inch. (Based on a     more than 1 inch.
                               potato 2\1/2\         (Based on a potato
                               inches in diameter    2\1/2\ inches in
                               or 6 oz. in           diameter or 6 oz.
                               weight.)              in weight.)
                               Correspondingly       Correspondingly
                               lesser or greater     lesser or greater
                               areas in smaller or   areas in smaller or
                               larger potatoes.      larger potatoes.
Scab, Russet................  Smooth and affecting  Rough and affecting
                               more than \1/3\ of    more than 25
                               the surface or        percent of the
                               rough russet scab     surface in the
                               which affects more    aggregate.
                               than 10 percent of
                               the surface in the
                               aggregate.

[[Page 15057]]

 
Scab, Surface...............  When more than 5      When more than 25
                               percent of the        percent of the
                               surface in the        surface in the
                               aggregate is          aggregate is
                               affected.             affected.
Second Growth...............  When materially       When seriously
                               detracting from the   detracting from the
                               appearance of the     appearance of the
                               potato.               potato.
Silver Scurf................  When affecting more   When its severity
                               than 50 percent of    causes a wrinkling
                               the surface area of   of the skin over
                               the potato.           more than 50
                                                     percent of the
                                                     surface.
Sprouts.....................  Not more than 5       Not more than 10
                               percent of the        percent of the
                               potatoes in a lot     potatoes in a lot
                               may have individual   may have individual
                               or clusters of        or clusters of
                               sprouts not more      sprouts not more
                               than \1/4\ inch at    than \1/2\ inch at
                               shipping point and    shipping point and
                               \1/2\ inch at         1 inch at
                               destination.          destination.
Sunburn.....................  When removal causes   When removal causes
                               loss of more than 5   loss more than 10
                               percent of total      percent of total
                               weight of potato.     weight of potato.
Sunken Discolored Areas.....  SEE TABLE VI........  SEE TABLE VI.
Surface Cracks (Areas         When smooth shallow   When rough deep
 affected by fine net-like     cracking affects      cracking affects
 cracking should be            more than \1/3\ of    more than 10
 ignored.).                    the surface or when   percent of the
                               rough deep cracking   surface.
                               affects more than 5
                               percent of the
                               surface.
Wireworm or Grass Damage....  When affecting the    When affecting the
                               flesh of the potato   flesh of the potato
                               and removal causes    and removal causes
                               loss of more than 5   loss of more than
                               percent of total      10 percent of total
                               weight of potato..    weight of potato.
------------------------------------------------------------------------
The following defects are considered serious damage when present in any
  degree: 1. Freezing. 2. Late blight. 3. Ring rot. 4. Southern
  bacterial wilt. 5. Soft rot. 6. Wet breakdown.


                 Table IV.--Flattened or Depressed Areas--Pressure Bruises Maximum Area Allowed
----------------------------------------------------------------------------------------------------------------
            Diameter                     Weight           No. 1  (aggregate area)      No. 2  (aggregate area)
----------------------------------------------------------------------------------------------------------------
Potato is:                        Potato is:           Not more than:                Not more than:
    Less than 2 in..............     Less than 4 oz..     \1/2\ in.................     1 in
    2 to 2\1/2\ in..............     4 to 6 oz.......     1 in.....................     1\1/2\ in
    More than 2\1/2\ to 3 in....     More than 6 to 8     1\1/4\ in................     1\3/4\ in
                                      oz.
    More than 3 to 3\1/2\ in....     More than 8 to       1\1/2\ in................     1\7/8\ in
                                      14 oz.
    More than 3\1/2\ to 4 in....     More than 14 to      1\3/4\ in................     2 in
                                      20 oz.
    More than 4 to 4\1/2\ in....     More than 20 to      2 in.....................     2\1/4\ in
                                      28 oz.
    More than 4\1/2\ to 5 in....     More than 28 to      2\1/4\ in................     2\3/4\ in
                                      36 oz.
    More than 5 in..............     More than 36 oz.     2\1/2\ in................     3\1/4\ in
----------------------------------------------------------------------------------------------------------------


                                    Table V--Depth Allowed for Growth Cracks
----------------------------------------------------------------------------------------------------------------
            Diameter                     Weight               No. 1  (depth)                No. 2  (depth)
----------------------------------------------------------------------------------------------------------------
Potato is:                        Potato is:           Not more than:                Not more than:
    Less than 2 in..............     Less than 4 oz..     \1/8\ in.................     \1/4\ in
    2 to 2\1/2\ in..............     4 oz to 6 oz....     \1/4\ in.................     \3/8\ in
    More than 2\1/2\ to 3 in....     More than 6 oz       \3/8\ in.................     \1/2\ in
                                      to 8 oz.
    More than 3 in..............     More than 8 oz..     \1/2\ in.................     \5/8\ in
----------------------------------------------------------------------------------------------------------------


                             Table VI.--Sunken Discolored Areas Maximum Area Allowed
----------------------------------------------------------------------------------------------------------------
            Diameter                     Weight           No. 1  (aggregate area)      No. 2  (aggregate area)
----------------------------------------------------------------------------------------------------------------
Potato is:                        Potato is:           Not more than:                Not more than:
    Less than 2 in..............     Less than 4 oz..     \3/8\ in.................     \3/4\ in
    2 to 2\1/2\ in..............     4 to 6 oz.......     \3/4\ in.................     1 in
    More than 2\1/2\ to 3 in....     More than 6 to 8     1 in.....................     1\1/4\ in
                                      oz.
    More than 3 to 3\1/2\ in....     More than 8 to       1\1/4\ in................     1\1/2\ in
                                      14 oz.
    More than 3\1/2\ to 4 in....     More than 14 to      1\1/2\ in................     1\3/4\ in
                                      20 oz.
    More than 4 to 4\1/2\ in....     More than 20 to      1\3/4\ in................     2 in
                                      28 oz.
    More than 4\1/2\ to 5 in....     More than 28 to      2 in.....................     2\1/4\ in
                                      36 oz.
    More than 5 in..............     More than 36 oz.     2\1/4\ in................     2\1/2\ in
----------------------------------------------------------------------------------------------------------------


[[Page 15058]]


0
7. In Sec.  51.1565, Table IV is redesignated as Table I and revised to 
read as follows:


Sec. 51.1565  Internal Defects.

* * * * *

                       Table I.--Internal Defects
------------------------------------------------------------------------
                                    Damage  maximum     Serious damage
             Defects                    allowed         maximum allowed
------------------------------------------------------------------------
   Occurring outside of or not entirely confined to the vascular ring
------------------------------------------------------------------------
Ingrown Sprouts, Internal         5 percent waste...  10 percent waste.
 Discoloration, Vascular
 Browning, Fusarium Wilt, Net
 Necrosis, Other Necrosis, Stem
 End Browning.
------------------------------------------------------------------------
Internal Black Spot.............  When the spot(s)    When the spot(s)
                                   are darker than     are darker than
                                   the official        the official
                                   color chip (POT-    color chip (POT-
                                   CC-2) after         CC-2) after
                                   removing 5          removing 10
                                   percent of the      percent of the
                                   total weight of     total weight of
                                   the potato.         the potato.
------------------------------------------------------------------------
               Occurring entirely within the vascular ring
------------------------------------------------------------------------
Hollow Heart or Hollow Heart      Area affected not   Area affected not
 with Discoloration.               to exceed that of   to exceed that of
                                   a circle \1/2\      a circle \3/4\
                                   inch in diameter    inch in diameter
                                   in a potato 2\1/    in a potato 2\1/
                                   2\-inches in        2\-inches in
                                   diameter or 6       diameter or 6
                                   ounces in           ounces in
                                   weight.\1\          weight.\1\
------------------------------------------------------------------------
Light Brown Discoloration (Brown  Area affected not   Area affected not
 Center).                          to exceed that of   to exceed a
                                   a circle \1/2\      circle \3/4\ inch
                                   inch in diameter    in diameter in a
                                   in a potato 2\1/    potato 2-\1/2\
                                   2\-inches in        inches in
                                   diameter or 6       diameter or 6
                                   ounces in that of   ounces in
                                   weight.\1\          weight.\1\
------------------------------------------------------------------------
               Occurring entirely within the vascular ring
------------------------------------------------------------------------
Internal Brown Spot and Similar   Not more than the   Not more than the
 Discoloration (Heat Necrosis).    equivalent of 3     equivalent of 6
                                   scattered spots     scattered spots
                                   \1/8\ inch in       \1/8\ inch in
                                   diameter in a       diameter in a
                                   potato 2\1/2\-      potato 2\1/2\-
                                   inches in           inches in
                                   diameter or 6       diameter or 6
                                   ounces in           ounces in
                                   weight.\1\          weight.\1\
------------------------------------------------------------------------
\1\Note: Correspondingly lesser or greater areas in smaller or larger
  potatoes.


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

    Dated: March 17, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. 08-1058 Filed 3-18-08; 2:27 pm]
BILLING CODE 3410-02-P`