[Federal Register Volume 60, Number 50 (Wednesday, March 15, 1995)]
[Proposed Rules]
[Pages 13926-13928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6367]



      
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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / 
Proposed Rules

[[Page 13926]]

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 51

[Docket Number FV-94-301]


Table Grapes (European or Vinifera Type); Grade Standards

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: This proposed rule would revise the United States Standards 
for Grades of Table Grapes (European or Vinifera Type). The proposal 
would lower the present minimum bunch size as well as provide a 
separate tolerance for off-size bunches for the U.S. No. 1 
Institutional grade only. It would also include a technical update 
which would correct the variety name ``Superior Seedless'' to 
``Sugraone.''

DATES: Comments must be postmarked or courier dated on or before May 
15, 1995.

ADDRESSES: Interested parties are invited to submit written comments 
concerning this proposal. Comments must be sent to the Fresh Products 
Branch, Fruit and Vegetable Division, Agricultural Marketing Service, 
U.S. Department of Agriculture, P.O. Box 96456, Room 2056 South 
Building, Washington, D.C. 20090-6456. Comments should make reference 
to the date and page number of this issue of the Federal Register and 
will be made available for public inspection in the above office during 
regular business hours.

FOR FURTHER INFORMATION CONTACT: Frank O'Sullivan, at the above address 
or call (202) 720-2185.

SUPPLEMENTARY INFORMATION: The Department of Agriculture (Department) 
is issuing this rule in conformance with Executive Order 12866.
    Pursuant to the requirements set forth in the Regulatory 
Flexibility Act (5 U.S.C. 601 et. seq.), the Administrator of the 
Agricultural Marketing Service (AMS) has determined that this action 
will not have a significant economic impact on a substantial number of 
small entities. This proposed rule for the revision of U.S. Standards 
for Grades of Table Grapes (European or Vinifera Type) will not impose 
substantial direct economic cost, recordkeeping, or personnel workload 
changes on small entities, and will not alter the market share or 
competitive position of these entities relative to large businesses.
    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.
    Agencies periodically review existing regulations. An objective of 
the review is to ensure that the grade standards are serving their 
intended purpose, the language is clear, and the standards are 
consistent with AMS policy and authority.
    The United States Standards for Grades of Table Grapes (European or 
Vinifera Type) was revised in April 1991. This revision established a 
new grade, U.S. No. 1 Institutional. This grade--used in sales to 
restaurant and other food service concerns--provides for grape lots 
which have very small bunch sizes. In recent years, new marketing and 
packaging techniques have developed very small, individual consumer 
size servings of grapes. Under previous grade requirements these 
``single serving'' type grape bunches were too small to meet any U.S. 
grade. Therefore, the Department developed, at the request of the table 
grape industry, a separate grade reflecting today's modern marketing 
and packaging methods for the growing food service market while 
preserving the integrity of the ``regular'' fresh pack grades for 
grapes sold to consumers in supermarkets and other retail outlets. 
Thus, grades for two different types of pack could be contained in one 
standard allowing the grades to share common characteristics while at 
the same time maintaining grades for two distinct types (packs) of 
table grapes.
    This proposed revision concerns only the institutional pack and not 
the ``regular'' fresh pack grades. Growers and shippers of the 
institutional pack type table grape represented by the California Grape 
and Tree Fruit League (CGTFL) have requested a revision to the 
institutional grade only, to address a new market which is emerging 
that would utilize extremely small clusters and/or bunches of grapes. 
According to the CGTFL, these buyers typically want a smaller grouping 
of grapes than is allowed under the current two ounce minimum bunch 
size requirement in the institutional grade. As an example, certain 
restaurant chains presently garnish some of their plates with 
institutional pack grapes, but must cut the existing small bunches to 
even smaller clusters of grapes (as little as two berries to a cluster) 
to fit their particular needs. Changing the minimum bunch requirement 
on the U.S. No. 1 Institutional grade would allow the industry to 
develop contract specifications and otherwise use the U.S. grade to 
satisfy that growing segment of the restaurant and food service 
industry market that utilizes grapes as a garnish.
    Therefore, this proposal would change Sec. 51.885 U.S. No. 1 
Institutional to resemble Sec. 51.884 (the format for U.S. No. 1 table) 
except for the elimination of straggliness requirements and trimming 
away of defective berries for bunches. The initial grade requirements 
will read as follows: ```U.S. No. 1 Institutional' grapes must have no 
less than 95 percent of the containers in the lot legibly marked 
`Institutional Pack.' Further requirements for this grade include 
grapes which consist of clusters and/or bunches of well developed 
grapes of one variety, except when designated as assorted varieties, 
which are at least fairly well colored, uniform in appearance when so 
specified in connection with the grade, and which meet the following 
requirements:''
    As mentioned above, the requirements will be the same as for U.S. 
No. 1 table except paragraph (b)(1) ``Not Straggly'' and (g)(4) 
``Trimming away of defective berries'' will be omitted. Also, 
paragraphs (h)(2) and (h)(2)(i) will include size requirements for 
clusters and/or berries:
    ``(2) For clusters/bunches:
    (i) In this grade grapes shall consist of at least a two berry 
cluster ranging to [[Page 13927]] clusters and/or bunches of grapes not 
greater than five ounces in weight. See Sec. 51.913.''
    The present Sec. 51.913, Metric Conversion Table, will be 
redesignated Sec. 51.914 and a new Sec. 51.913 would be added to define 
a cluster. Since grape bunches are normally thought of as a series of 
grapes attached to small lateral stems which are in turn attached to a 
common main stem, the term bunch does not seem entirely appropriate 
when referring to two berries which share a common point of attachment. 
Therefore, for the purpose of the U.S. No. 1 Institutional grade only, 
Sec. 51.913 shall define a cluster as ``two or more berries sharing a 
common point of attachment.''
    In addition, Table Ia, Tolerances at Shipping Point for U.S. No. 1 
Institutional Only, and Table IIa, Tolerances En Route or at 
Destination for U.S. No. 1 Institutional Only, would be added. The 
CGTFL requested that a separate tolerance of four percent be provided 
for offsize clusters or bunches to maintain the integrity of the grade 
in relation to size requirements. Presently, Tables I and II combine 
both the offsize and remaining grade requirements in one tolerance 
(eight percent for tolerances at shipping point, Table I, and 12 
percent for tolerances en route or at destination, Table II). The 
corresponding new tables, Table Ia and IIa for U.S. No. 1 Institutional 
grade only, will maintain an eight and twelve percent tolerance, 
respectively, for remaining grade requirements but would include a 
separate tolerance of four percent for offsize clusters or bunches.
    This proposed rule would also make a technical change which is 
unrelated to the U.S. No. 1 Institutional grade. Presently, 
Secs. 51.882(i)(1)(ii) and 51.884(i)(1)(i) make reference to ``Superior 
Seedless'' as a varietal name. It has been brought to the attention of 
the Department by representatives of Sunworld International, Inc., 
California, that ``Superior Seedless'' is in fact, a registered 
trademark name and not the varietal name. ``Sugraone'' according to 
Sunworld, is the correct varietal name.
    Research into this matter by the Department has shown that both the 
International Union for the Protection of New Varieties of Plants 
(UPOV) and the Office International de la Vigne et du Vin (OIV), the 
United States being a signatory of each, as well as the United Nations 
Economic Commission for Europe (ECE) have determined that ``Sugraone'' 
is the actual varietal designation while ``Superior Seedless'' 
represents a registered trademark.
    Therefore, to maintain proper conformity with these designations, 
the words ``Superior Seedless'' will be removed in these sections and 
will be replaced with ``Sugraone.''

List of Subjects in 7 CFR Part 51

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

PART 51--[AMENDED]

    For reasons set forth in the preamble, it is proposed that 7 CFR 
Part 51 be amended as follows:
    1. The authority citation for 7 CFR Part 51 continues to read as 
follows:

    Authority: 7 U.S.C. 1622, 1624.


Sec. 51.882  [Amended]

    2. Section 51.882(i)(1)(ii) is amended by removing the words 
``Superior Seedless'' and adding in its place ``Sugraone.''


Sec. 51.884  [Amended]

    3. Section 51.884(i)(1)(i) is amended by removing the words 
``Superior Seedless'' and adding in its place ``Sugraone.''
    4. Section 51.885 is revised to read as follows:


Sec. 51.885  U.S. No. 1 Institutional.

    ``U.S. No. 1 Institutional'' grapes must have no less than 95 
percent of the containers in the lot legibly marked ``Institutional 
Pack.'' Further requirements for this grade include grapes which 
consist of clusters and/or bunches of well developed grapes of one 
variety, except when designated as assorted varieties, which are at 
least fairly well colored, uniform in appearance when so specified in 
connection with the grade, and which meet the following requirements:
    (a) Basic requirements for berries:
    (1) Mature;
    (2) Firm;
    (3) Firmly attached to capstem;
    (4) Not weak;
    (5) Not materially shriveled at capstem;
    (6) Not shattered;
    (7) Not split or crushed;
    (8) Not wet.
    (b) Basic requirements for stems: Not weak, or dry and brittle.
    (c) Berries free from:
    (1) Decay;
    (2) Waterberry;
    (3) Sunburn.
    (d) Stems free from:
    (1) Mold;
    (2) Decay.
    (e) Berries not damaged by: Any other cause.
    (f) Bunches not damaged by:
    (1) Shot berries;
    (2) Dried berries;
    (3) Other defective berries;
    (4) Any other cause.
    (g) Stems not damaged by:
    (1) Freezing;
    (2) Any other cause.
    (h) Size:
    (1) For berries: Exclusive of shot berries and dried berries, 75 
percent, by count, of the berries on each bunch shall have the minimum 
diameters indicated for varieties as follows:
    (i) Thompson Seedless, Perlette, Delight, Beauty Seedless, 
Sugraone, Flame Seedless and other seedless varieties nine-sixteenths 
of an inch.
    (ii) Other varieties ten-sixteenths of an inch.
    (2) For clusters/bunches:
    (i) In this grade grapes shall consist of at least a two berry 
cluster ranging to clusters and/or bunches of grapes not greater than 
five ounces in weight. See Section 51.913.
    (ii) For tolerances see Sec. 51.886.
    5. Section 51.886 is amended by revising paragraph (b) and adding a 
new paragraph (c) and Tables Ia and IIa to read as follows:


Sec. 51.886  Tolerances.

    (a) * * *
    (b) In order to allow for variations incident to proper grading and 
handling in each of the foregoing grades except U.S. No. 1 
Institutional, tolerances, by weight, other than for maturity, are 
provided as set forth in Tables I and II of this section.
* * * * *
    (c) In order to allow for variations incident to proper grading and 
handling in the U.S. No. 1 Institutional grade only, tolerances, by 
weight, other than for maturity, are provided as set forth in Tables Ia 
and IIa of this section.

  Table Ia.--Tolerances at Shipping Point for U.S. No. 1 Institutional  
                              Grade Only\1\                             
                                [Percent]                               
------------------------------------------------------------------------
                                                             U.S. No. 1 
                          Factor                           institutional
------------------------------------------------------------------------
(A) For clusters/bunches failing to meet color                          
 requirements............................................           10  
(B) For clusters/bunches failing to meet requirements for               
 minimum diameter of berries.............................           10  
(C) For offsize clusters/bunches.........................            4  
(D) For clusters/bunches and berries failing to meet the                
 remaining requirements for the grade....................            8  
Including in (D):                                                       
  (a) For Serious damage and, including in (a)...........            2  
  (i) For Decay..........................................     1/2 of 1  
------------------------------------------------------------------------


                                                                        
[[Page 13928]]
    Table IIa.--Tolerances en Route or at Destination for U.S. No. 1    
                           Institutional Only                           
------------------------------------------------------------------------
                                                             U.S. No. 1 
                          Factor                           institutional
------------------------------------------------------------------------
(A) For clusters/bunches failing to meet color                          
 requirements............................................           10  
(B) For clusters/bunches failing to meet requirements for               
 minimum diameter of berries.............................           10  
(C) For offsize clusters/bunches.........................            4  
(D) For clusters/bunches and berries failing to meet the                
 remaining requirements for the grade....................           12  
Including in (D):                                                       
  (a) For permanent defects..............................            8  
  (b) For serious damage and, including in (b)...........            4  
  (i) For serious damage by permanent defects............            2  
  (ii) For decay.........................................           1   
------------------------------------------------------------------------
\1\Shipping point, as used in these standards, means the point of origin
  of the shipment in the producing area or at port of loading for ship  
  stores or overseas shipment, or, in the case of shipments from outside
  the continental United States, the port of entry into the United      
  States.                                                               

Sec. 51.913  [Redesignated as Sec. 51.914]

    6. In Part 51, Subpart--United States Standards for Grades of Table 
Grapes (European or Vinifera Type), Sec. 51.913 is redesignated as 
Sec. 51.914 and a new Sec. 51.913 is added to read as follows:


Sec. 51.913  Clusters.

    ``Clusters'' as used in these standards in reference to the U.S. 
No. 1 Institutional grade only shall be defined as two or more berries 
sharing a common point of attachment.

    Dated: March 9, 1995.
Lon Hatamiya,
Administrator.
[FR Doc. 95-6367 Filed 3-14-95; 8:45 am]
BILLING CODE 3410-02-P