[Federal Register Volume 60, Number 37 (Friday, February 24, 1995)]
[Proposed Rules]
[Pages 10336-10338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4495]



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DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and Stockyards Administration

7 CFR Part 68


United States Standards for Beans

AGENCY: Grain Inspection, Packers and Stockyards Administration, 
USDA.\1\

    \1\The authority to exercise the functions of the Secretary of 
Agriculture contained in the Agricultural Marketing Act of 1946, as 
amended (7 U.S.C. 1621-1627), concerning inspection and 
standardization activities related to grain and similar commodities 
and products thereof has been delegated to the Administrator, Grain 
Inspection, Packers and Stockyards Administration (7 U.S.C. 75a; 7 
CFR 68.5).

ACTION: Proposed rule.

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SUMMARY: The Federal Grain Inspection Service (FGIS), of the Grain 
Inspection, Packers and Stockyards Administration (GIPSA), is proposing 
to revise the United States Standards for Beans at the request of 
elements within the Bean Industry. Specifically, FGIS is proposing to 
eliminate the factor ``clean-cut weevil-bored beans'' from the grade 
requirement for the class Blackeye beans and change the grade limits 
for the factors ``total defects,'' ``blistered, wrinkled and/or broken 
beans,'' and ``splits'' for the class Baby Lima beans. FGIS is 
proposing to change the standard to facilitate marketing of beans.

DATES: Comments must be received by May 25, 1995.

ADDRESSES: Written comments must be submitted to George Wollam, GIPSA-
FGIS, USDA, Room 0623 South Building, P.O. Box 96454, Washington, DC, 
20090-6454; FAX (202) 720-4628.
    All comments received will be made available for public inspection 
in Room 0623 USDA South Building, 1400 Independence Avenue SW., 
Washington, DC, during regular business hours (7 CFR 1.27(b)).

FOR FURTHER INFORMATION CONTACT: George Wollam, address as above, 
telephone (202) 720-0292.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    The Department is issuing this proposed rule in conformance with 
Executive Order 12866.

Executive Order 12778

    This proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. This action is not intended to have retroactive 
effect. This proposed rule will not preempt any State or local laws, 
regulations, or policies, unless they present an irreconcilable 
conflict with this rule. There are no administrative procedures which 
must be exhausted prior to any judicial challenge to the provisions of 
this rule.

Regulatory Flexibility Act Certification

    James R. Baker, Administrator, GIPSA, has determined that this 
proposed rule will not have a significant economic impact on a 
substantial number of small entities because those persons who apply 
the standards and most users of the inspection service do not meet the 
requirements of small entities as defined in the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Further, the standards are applied equally 
to all entities.

Information Collection and Recordkeeping Requirements

    In compliance with the Paperwork Reduction Act of 1980 (44 U.S.C. 
chapter 35), the information collection and recordkeeping requirements 
in Part 68 have been approved previously by OMB and assigned OMB No. 
0580-0013.

Review of Standards

    On September 22, 1993, FGIS published in the Federal Register (58 
FR 49248) a request for public comments on several changes to the 
United States Standards for Beans that had been suggested by the 
California Bean Shippers Association (CBSA), with the concurrence of 
the California Dry Bean Advisory Board. Specifically, CBSA recommended 
that the grading factor ``clean-cut weevil-bored beans'' be eliminated 
from the grade requirements for the class Blackeye beans and that 
``clean-cut weevil-bored beans'' be considered as ``worm-cut'' or 
``insect damaged'' beans. They also recommended that the limits for 
``total defects,'' ``blistered, wrinkled, and/or broken beans,'' and 
``splits'' in the class Baby Lima beans be changed to coincide with the 
grade limits for similar factors in other classes of beans.
    Interested parties were invited to participate in the rulemaking 
process by submitting written comments and/or recommendations regarding 
the official standards. During the 60-day comment period, one written 
comment was received from a European industry group. This group 
recommended that Blackeye beans in grades U.S. Nos. 1, 2, and 3 should 
not contain more than 0.0, 0.1, and 0.2 percent, respectively, of 
``clean-cut weevil-bored beans and weevilled beans, total.''

``Clean-Cut Weevil-Bored Beans'' in Blackeye Beans

    The present U.S. standards define ``clean-cut weevil-bored beans'' 
as beans [[Page 10337]] from which weevils have emerged, leaving a 
clean-cut open cavity free from larvae, webbing, refuse, mold, or 
stain. ``Clean-cut weevil-bored beans'' are considered as a separate 
grading factor in only two classes: Blackeye and Mung beans. According 
to the U.S. Standards for Beans, Blackeye beans in grades U.S. Nos. 1, 
2, and 3 may not contain more than 0.0, 0.2, and 0.5 percent, 
respectively, of ``clean-cut weevil-bored beans.'' In all other 
classes, ``clean-cut weevil-bored beans'' are included with the grading 
factor ``total damage'' and/or ``total defects.''
    Blackeye bean growers and shippers feel that including the factor 
``clean-cut weevil-bored beans'' in the Blackeye bean standards should 
be changed because the grade requirements for Blackeye beans are more 
stringent than those of similar classes of beans; e.g., Yelloweye and 
Cranberry beans. Since Blackeye beans are predominately grown in 
California, these groups believe that the Blackeye bean standards 
should reflect the marketing concerns of that bean industry.
    The Federation Nationale du Legume (FNL), a European industry 
group, recommended that Blackeye beans in grades U.S. Nos. 1, 2, and 3 
should not contain more than 0.0, 0.1, and 0.2 percent, respectively, 
of ``clean-cut weevil-bored beans and weevilled beans, total.'' FGIS 
appreciates FNL's concern about the quality of U.S. Blackeye beans. 
However, regardless of the factors or factor limits specified by the 
standards for a particular class of beans, buyers and sellers are free 
to specify different factor requirements in their contracts.
    FGIS has no information that would indicate that eliminating 
``clean-cut weevil-bored beans'' as a separate grading factor from the 
grade requirements for the class Blackeye beans would have a noticeable 
effect on the quality or appearance of Blackeye beans, or harm the 
United States' reputation for producing and marketing high-quality 
Blackeye beans. Therefore, FGIS is proposing to revise the U.S. 
Standards for Beans to eliminate the factor ``clean-cut weevil-bored 
beans'' as a separate grading factor in the class Blackeye beans and 
consider ``clean-cut weevil-bored'' Blackeye beans as ``damaged 
beans,'' included in the grading factor ``total damage.''

``Total Defects,'' ``Blistered, Wrinkled, and/or Broken Beans,'' and 
``Splits'' in Baby Lima Beans

    Currently, Baby Lima beans in grades U.S. Nos. 1, 2, and 3 may 
contain not more than 2.0, 3.0, and 5.0 percent, respectively, of 
``total defects'' and not more than 3.0, 5.0, and 8.0 percent, 
respectively, of ``blistered, wrinkled, and/or broken beans'' or 
``splits.'' The grade limits for the factors ``total defects'' (which 
includes ``splits'') and ``total damaged'' for most other classes of 
beans (e.g., Great Northern, Small White, Kidney, Small Red, Pink, 
Black Turtle Soup, Blackeye, Cranberry, and Mung beans) is 2.0, 4.0, 
and 6.0 percent, for grades U.S. Nos. 1, 2, and 3, respectively.
    The present limits for ``total defects,'' ``blistered, wrinkled, 
and/or broken beans,'' and ``splits'' in the class Baby Lima beans are 
inconsistent with the standards for other classes of beans. This has 
caused confusion among some users of the standards. To provide greater 
uniformity within the U.S. bean standards and to better facilitate the 
marketing of Baby Lima beans, FGIS is proposing to change the grade 
limits for these factors in the class Baby Lima beans to 2.0, 4.0, and 
6.0 percent, for grades U.S. Nos. 1, 2, and 3, respectively.

Proposed Action

    Based on current market needs and other available information, FGIS 
is proposing to revise:
    1. Section 68.134 by eliminating the grading factor ``clean-cut 
Weevil-Bored'' and by eliminating footnote 2 which states that ``Beans 
with more than 0.5 percent clean-cut weevil-bored beans are graded U.S. 
Sample grade.'' Footnotes that are presently numbered 3 and 4 are 
proposed to be renumbered 2 and 3, respectively.
    2. Section 68.140 by changing the grading limits for the factors 
``total defects,'' ``blistered, wrinkled, and/or broken beans,'' and 
``splits'' to 2.0, 4.0, and 6.0 percent for U.S. Nos. 1, 2, and 3, 
respectively.
    Comments including data, views, and suggestions regarding the 
proposed changes to the U.S. Standards for Blackeye and Baby Lima beans 
are solicited from interested parties.

List of Subjects in 7 CFR Part 68

    Administrative practice and procedures, Agricultural commodities, 
Beans.

    For reasons set forth in the preamble, 7 CFR Part 68 is proposed to 
be amended as follows:

PART 68--REGULATIONS AND STANDARDS FOR INSPECTION AND CERTIFICATION 
OF CERTAIN AGRICULTURAL COMMODITIES AND THEIR PRODUCTS

    1. The authority citation for Part 68 continues to read as follows:

    Authority: Secs. 202-208, 60 Stat. 1087, as amended (7 U.S.C. 
1621 et seq.).

    2. Section 68.134 is revised to read as follows:


Sec. 68.134  Grades and grade requirements for the class Blackeye 
Beans.

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                                                                         Percent maximum limits of--            
                                                            ----------------------------------------------------
                                                                            Total              Foreign material 
            Grade                   General appearance                     defects           -------------------
                                                             Moisture\1\    (DKT,     Total                     
                                                                          FM, CCL,   damaged    Total    Stones 
                                                                            & SP)                               
----------------------------------------------------------------------------------------------------------------
U.S. No. 1...................  The special grade off-color         18.0        4.0       2.0       0.5       0.2
U.S. No. 2...................   may be applied after the           18.0        6.0       4.0       1.0       0.4
U.S. No. 3...................   removal of total defects.          18.0        8.0       6.0       1.5       0.6
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------------------------------------------------------------------------
                                                      Percent maximum   
                                                        limits of--     
                                                  ----------------------
                      Grade                                      Classes
                                                   Contrasting    that  
                                                    classes\2\  blend\3\
------------------------------------------------------------------------
U.S. No. 1.......................................         0.5        5.0
U.S. No. 2.......................................         1.0      10.0 
[[Page 10338]]                                                          
                                                                        
U.S. No. 3.......................................         2.0      15.0 
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\1\Beans with more than 18.0 percent moisture are graded High moisture. 
\2\Beans with more than 2.0 percent contrasting classes are graded Mixed
  beans.                                                                
\3\Beans with more than 15.0 percent classes that blend are graded Mixed
  beans.                                                                
U.S. Substandard: U.S. Substandard shall be beans which do not meet the 
  requirements for the grades U.S. No. 1 through U.S. No. 3 or U.S.     
  Sample grade. Beans which are not well screened shall also be U.S.    
  Substandard, except for beans which meet the requirements for U.S.    
  Sample grade.                                                         
U.S. Sample grade: U.S. Sample grade shall be beans which are musty,    
  sour, heating, materially weathered, or weevily; which have any       
  commercially objectionable odor; which contain insect webbing or      
  filth, animal filth, any unknown foreign substance, broken glass, or  
  metal fragments; or which are otherwise of distinctly low quality.    

    3. Section 68.140 is revised to read as follows:


Sec. 68.140  Grades and grade requirements for the classes Baby Lima 
and Miscellaneous Lima Beans.

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                                                                         Percent maximum limits of--            
                                                            ----------------------------------------------------
                                                                            Total              Foreign material 
            Grade                   General appearance                     defects           -------------------
                                                             Moisture\1\    (DKT,     Badly                     
                                                                          FM, CCL,   damaged    Total    Stones 
                                                                            & SP)                               
----------------------------------------------------------------------------------------------------------------
U.S. No. 1...................  The special grade off-color         18.0        2.0       1.0       0.5       0.2
U.S. No. 2...................   may be applied after the           18.0        4.0       1.5       1.0       0.3
U.S. No. 3...................   removal of total defects.          18.0        6.0       2.0       1.5       0.6
----------------------------------------------------------------------------------------------------------------


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                                                                             Percent maximum limits of--        
                                                                    --------------------------------------------
                                                                                  Blistered,                    
                               Grade                                 Contrasting   wrinkled,             Classes
                                                                      classes\2\    and/or     Splits     that  
                                                                                    broken              blend\3\
----------------------------------------------------------------------------------------------------------------
U.S. No. 1.........................................................         0.5         2.0        2.0       5.0
U.S. No. 2.........................................................         1.0         4.0        4.0      10.0
U.S. No. 3.........................................................         2.0         6.0        6.0     15.0 
----------------------------------------------------------------------------------------------------------------
\1\Beans with more than 18.0 percent moisture are graded High moisture.                                         
\2\Beans with more than 2.0 percent contrasting classes are graded Mixed beans.                                 
\3\Beans with more than 15.0 percent classes that blend are graded Mixed beans.                                 
U.S. Substandard: U.S. Substandard shall be beans which do not meet the requirements for the grades U.S. No. 1  
  through U.S. No. 3 or U.S. Sample grade. Beans which are not well screened shall also be U.S. Substandard,    
  except for beans which meet the requirements for U.S. Sample grade.                                           
U.S. Sample grade: U.S. Sample grade shall be beans which are musty, sour, heating, materially weathered, or    
  weevily; which have any commercially objectionable odor; which contain insect webbing or filth, animal filth, 
  any unknown foreign substance, broken glass, or metal fragments; or which are otherwise of distinctly low     
  quality.                                                                                                      

    Dated: February 16, 1995.
James R. Baker,
Administrator.
[FR Doc. 95-4495 Filed 2-23-95; 8:45 am]
BILLING CODE 3410-EN-P