11242 Federal Register / Vol. 60, No. 40 / Wednesday, March 1, 1995 / Rules and Regulations

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 51

[Docket Number FV–92–301]

Blueberries; Grade Standards

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This final rule revises the

United States Standards for Grades of

Blueberries by adding another species of

cultivated blueberries, eliminating size

as a requirement of the grade, revising

tolerances and applications of

tolerances to percentages of defective

berries, specifying allowable amounts

for defects caused by scars and well

healed broken skins, redefining terms to

more clearly reflect current cultural and

marketing practices, and providing a

format consistent with other recently

revised U.S. grade standards. The

Agricultural Marketing Service (AMS),

in cooperation with industry and other

interested parties, has the responsibility

to develop and improve standards of

quality, condition, quantity, grade and

packaging in order to facilitate efficient

marketing of agricultural commodities.

EFFECTIVE DATE: March 20, 1995.

FOR FURTHER INFORMATION CONTACT:

Frank O’Sullivan, Fresh Products

Branch, Fruit and Vegetable Division,

Agricultural Marketing Service, U.S.

Department of Agriculture, P.O. Box

96456, Washington, DC 20090–6456,

(202) 720–2185.

SUPPLEMENTARY INFORMATION: The

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. The revision of the U.S.

Standards for Grades of Blueberries 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. In addition,

under the Agricultural Marketing Act of

1946, the use of these standards is

voluntary.

This final rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. This action is not

intended to have retroactive effect. This

final 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 proposed rule, United States

Standards for Grades of Blueberries, was

published in the Federal Register on

November 19, 1993 (58 FR 61033–

61035).

The North American Blueberry

Council (NABC), which represents the

majority of blueberry growers and

packers in the United States and

Canada, formally requested USDA to

revise the United States Standards for

Grades of Blueberries which were last

revised in June 1966. The NABC

requested that the standards be revised

in order to bring them into conformity

with current cultural, harvesting, and

marketing practices. The NABC

contends that due to changes in

harvesting practices, more growers

using mechanical harvesters versus

hand picking, and new improved

varieties, the changes are necessary.

The comment period ended January

18, 1994, and a total of nineteen

comments were received from growers,

shippers, receivers, and researchers. In

addition, recommendations were

received from inspection personnel.

Nine comments were in favor of the

proposal in its entirety. These

comments agreed that due to changes in

current cultural, harvesting, and

marketing practices of blueberries, it

was necessary to change the standards

as proposed.

Three comments suggested

eliminating the basic requirement ‘‘not

wet.’’ They felt that blueberries that are

wet from condensation would be scored

against this requirement, and perfectly

good blueberries would be scored as

defects. AMS believes that the

definition under the ‘‘damage’’ section

clearly states that wet berries are

damaged when ‘‘the individual berry is

wet from juice from crushed, leaking, or

decayed berries, but not due to

condensation,’’ and thereby good

blueberries would not be scored as

defects.

Three comments were in favor of the

proposal with some changes. All three

of the comments expressed the opinion

that a minimum size should be

specified, or that size should be part of

the grade. Two of these comments also

stated that the ten percent tolerance for

attached stems is too high. One of these

comments stated that the tolerances

should be based on number of defects

and not percentages, with no allowance

for ‘‘leakers.’’ AMS feels that size

should not be part of the grade since

blueberries are not packed by size.

However, the size classification section

should be left in the standards for

common marketing terminology. The

NABC specifically requested that

tolerances be in percentages and that an

additional allowance be made for

attached stems. Further, tolerances

based on percentages rather than

number of berries would be more

simplistic for inspectors, industry, and

other interested parties; a chart of the

number of berries allowed for various

defects would no longer be needed.

Since some varieties of blueberries have

stems which adhere more readily to the

berry, or growing conditions cause the

stems to remain attached, a ten percent

allowance for attached stems is needed

so as to take into account certain

varieties with inherent characteristics.

Therefore, AMS believes the tolerances

for defects and the allowance for

attached stems should remain as they

were in the proposal.

Two comments opposed the proposed

definition of damage by shriveling,

which stated ‘‘shriveling when the skin

is slightly wrinkled.’’ They were of the

opinion that the term ‘‘slightly

wrinkled’’ meant that the berries would

be observed under close scrutiny and

when wrinkling was found to any

degree the berries would be scored. The

commentors proposed that the

definition be changed to ‘‘shriveling

when the wrinkling is readily

noticeable.’’ This would mean that only

the wrinkling found upon casual

observation would be scored as a defect.

One of the commentors also felt that

having a definition for ‘‘damage by

green berries’’ and a definition for ‘‘well

colored’’ was redundant. They felt that

the ‘‘damage by green berries’’ should be

deleted. AMS agrees with the comments

as to ‘‘shriveling’’ and the definition of

damage by shriveling will be ‘‘when the

wrinkling is readily noticeable.’’ In

regard to the comment of ‘‘damage by

green berries’’ and ‘‘well colored,’’ AMS

feels that green berries would be

considered immature berries and berries

that are not well colored may be mature

but simply do not meet the color

requirements. AMS believes that buyers

and sellers would want to know the

distinction between these two defects.

One comment from an exporter did

not address the provisions of the

proposal.
Federal Register / Vol. 60, No. 40 / Wednesday, March 1, 1995 / Rules and Regulations 11243

1Cup equals 237 ml, 1⁄2 pint, or 2 gills.

2Shipping point, as used in the standards in this

subpart, 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.

One comment stated the following:

‘‘stems should not be counted as defects

unless excessive—50 or more per pint;

shriveled berries should not be counted

as defects unless excessive—20 or more

per pint; berries with picking scars or

split by excessive rain or moisture, but

are not overripe, with healed scars,

would not be counted as soft berries;

and soft berries are those that are

overripe, bleeding, and certain to cause

molding within 24 hours.’’ AMS

believes that all of these issues have

been addressed in the revised standards

by: Defining under damage and serious

damage how much each blueberry may

be affected by a certain defect; in the

application of tolerance section defining

the percentage of blueberries that may

be defective in each sample; and in the

tolerance section defining the

percentage of defective blueberries

which are allowed in a load or lot of

blueberries.

One recommendation was made

concerning the ‘‘definitions for damage

and serious damage by scars is too

loose.’’ It was suggested that only the

scars that are fairly smooth and have no

depth be scored as outlined in the

proposed standards. AMS believes that

scars are too small to distinguish as to

their smoothness or depth, and has

decided to leave the definition of

damage and serious damage by scars as

proposed.

One recommendation made several

suggestions for changing definitions of

various defects. Clusters were proposed

to be changed to ‘‘3 or more joined

capstems with more than one berry

attached.’’ Shriveling was proposed to

be changed to ‘‘more than slightly

wrinkled.’’ It was recommended that

broken skins, regardless of whether they

are well healed or not should be scored

as serious damage, except for an

allowable area around the stem scar.

Also, damage by scars should be

changed from 20 percent of the surface

to 25 percent of the surface. Mummified

berries should include in its definition

those berries that are in the process of

being mummified. AMS does not

believe that these changes are warranted

due to the inconsistencies these changes

would create with other standards and

with the scoring of the above defects.

However, as stated previously, the

definition of ‘‘damage by shriveling’’

will be applied ‘‘when shriveling is

readily noticeable.’’

One recommendation suggested an

additional grade for higher quality

blueberries should be inserted in the

standards. Also, size should be

determined by weight, since ‘‘cup’’

could be confusing and is not precise

enough. Finally, it was felt that the

current size classifications do not allow

for loads and/or lots of blueberries that

contain both medium and large size

berries in the same lot. The NABC made

it clear to AMS that it did not want an

additional grade in the standards. Also,

most commodities are marketed on the

basis of U.S. No. 1 and it is felt that

other grades would not be necessary.

AMS feels that determining size by

weight would be more difficult due to

the modest size of the berries. AMS did

make allowances in the tolerances for

‘‘off-size’’ to allow for blueberries that

contain both medium and large size

berries in the same lot.

The Agricultural Research Service of

the Department stated that it is ‘‘not

aware of any research data or other

information relevant to the possible

effect of the ‘cosmetic appearance’

elements of the proposed rulemaking on

pesticide use on blueberries.’’

AMS develops and improves

standards of quality, condition, grade,

and packaging in order to facilitate

efficient marketing. The provisions of

this final rule are the same as those in

the proposed rule, except for the

changes noted above in response to the

comments received, and several minor

editorial changes made for clarity.

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,

is amended as follows:

1. The authority citation for 7 CFR

Part 51 continues to read as follows:

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

Subpart—United States Standards for

Grades of Blueberries

2. Sections 51.3475 through 51.3479

and the undesignated center headings

are revised to read as follows:

General

§ 51.3475 General.

(a) These standards apply only to

selected and hybrid varieties of the

highbush (Vaccinium australe Small

and Vaccinium corymbosum L.) and

rabbiteye (Vaccinium ashei Reade)

blueberries produced under cultivation,

but not to other species of the genus

Vaccinium nor to the true huckleberries

of the genus Gaylussacia.

(b) Because of the size differences

between varieties and the difference in

size preference in various markets, there

are no size requirements in the grade.

Therefore, size will not be determined

unless specifically requested by the

applicant. If requested, size may be

specified as provided in § 51.3477.

Grade

§ 51.3476 U.S. No. 1.

‘‘U.S. No. 1’’ consists of blueberries

which meet the following requirements:

(a) Basic requirements:

(1) Similar varietal characteristics;

(2) Clean;

(3) Well colored;

(4) Not overripe;

(5) Not crushed, split, or leaking; and

(6) Not wet.

(b) Free from:

(1) Attached stems;

(2) Mold;

(3) Decay;

(4) Insects or when there is visible

evidence of the presence of insects;

(5) Mummified berries; and

(6) Clusters.

(c) Free from damage caused by:

(1) Shriveling;

(2) Broken skins;

(3) Scars;

(4) Green berries; and

(5) Other means.

(d) Tolerances as specified in

§§ 51.3478 (a) and (b) and applied

pursuant to § 51.3479.

Size Classifications

§ 51.3477 Size classifications.

The following size classifications may

be used in specifying size of blueberries:

(a) Extra large. Less than 90 berries

per cup; 1

(b) Large. 90 to 129 berries per cup; 1

(c) Medium. 130 to 189 berries per

cup; 1 and,

(d) Small. 190 to 250 berries per cup.1

(e) For tolerances see § 51.3478.

Tolerances

§ 51.3478 Tolerances.

In order to allow for variations

incident to proper grading and

handling, based on sample inspection,

the following tolerances, by count, shall

be allowed:

(a) For defects at shipping point.2 Ten

percent for blueberries which have

attached stems. Additionally, not more

than 8 percent of the blueberries may be

below the remaining requirements of the

grade: Provided, that included in this

amount not more than 4 percent shall be

allowed for defects causing serious
11244 Federal Register / Vol. 60, No. 40 / Wednesday, March 1, 1995 / Rules and Regulations

damage, including in this latter amount

not more than 1 percent for blueberries

which are affected by mold or decay.

(b) For defects en route or at

destination. Ten percent for blueberries

which have attached stems.

Additionally, not more than 12 percent

of the blueberries may be below the

remaining requirements of the grade:

Provided, that included in this amount

not more than the following percentages

shall be allowed for defects listed:

(1) 8 percent for blueberries which fail

to meet the requirements for this grade

because of permanent defects; or,

(2) 6 percent for blueberries which are

seriously damaged, including therein

not more than 4 percent for blueberries

which are seriously damaged by

permanent defects and not more than 2

percent for blueberries which are

affected by mold or decay.

(c) Off-size: When size is designated

according to one or more of the size

classifications in § 51.3477, not more

than 10 percent of the samples in any

lot or one sample, whichever is the

greater number, may fail to meet the

range in count specified.

Application of Tolerances

§ 51.3479 Application of tolerances.

Individual samples are subject to the

following limitations: Provided, that the

averages for the entire lot are within the

tolerances specified for the grade:

(a) For a tolerance of 10 percent or

more, individual samples may contain

not more than one and one-half times

the tolerance specified.

(b) For a tolerance of less than 10

percent, individual samples may

contain not more than double the

tolerance specified.

3. Sections 51.3482 and 51.3483 are

revised to read as follows:

§ 51.3482 Well colored.

Well colored means that more than

one-half of the surface of the individual

berry is blue, bluish-purple, purple,

bluish-red, or bluish-black.

§ 51.3483 Overripe.

Overripe means that the individual

berry is dead ripe, the flesh is soft and

mushy, and past commercial utility.

4. Sections 51.3484 and 51.3485 are

removed and § 51.3486 is redesignated

51.3484 and is revised to read as

follows:

§ 51.3484 Damage.

Damage means any specific defect

described in this section, or an equally

objectionable variation of any one of

these defects, any other defect, or any

combination of defects, which

materially detracts from the appearance,

or the edible or marketing quality of the

blueberries. The following specific

defects shall be considered as damage:

(a) Wet berries when the individual

berry is wet from juice from crushed,

leaking, or decayed berries, but not due

to condensation;

(b) Clusters when there are three or

more joined capstems with at least one

berry attached;

(c) Shriveling when the wrinkling is

readily noticeable;

(d) Broken skins when not well

healed or when well healed and readily

noticeable, except for an allowable area

within a 1⁄8 inch (3.2 mm) circle

centered at the stem scar;

(e) Scars when affecting more than 20

percent of the surface of the individual

berry; and,

(f) Green berries when one-half or

more of the berry is green.

5. Section 51.3487 is redesignated

51.3485 and is revised to read as

follows:

§ 51.3485 Serious damage.

Serious damage means any specific

defect described in this section, or an

equally objectionable variation of any

one of these defects, any other defect, or

any combination of defects, which

seriously detracts from the appearance,

or the edible or marketing quality of the

blueberries. The following specific

defects shall be considered as serious

damage:

(a) Decay;

(b) Moldy berries;

(c) Overripe berries;

(d) Crushed, split, or leaking berries;

(e) Mummified berries when the

individual berry is dried up, withered or

shrunken;

(f) Insects or when there is any visible

evidence of the presence of insects,

including but not limited to an insect,

the insect larva, feeding, webbing or

frass;

(g) Broken skins when not well

healed; and,

(h) Scars when affecting more than 50

percent of the surface of the individual

berry.

Dated: February 23, 1995.

Lon Hatamiya,

Administrator.

[FR Doc. 95–4952 Filed 2–28–95; 8:45 am]

BILLING CODE 3410–02–P