81 FR 28046 - United States Standards for Grades of Cauliflower
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 81, Issue 89 (May 9, 2016)
Agricultural Marketing Service
Federal Register Volume 81, Issue 89 (May 9, 2016)
| Page Range | 28046-28047 | |
| FR Document | 2016-10741 |
[Federal Register Volume 81, Number 89 (Monday, May 9, 2016)] [Notices] [Pages 28046-28047] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-10741] ======================================================================== Notices Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. ======================================================================== Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Notices [[Page 28046]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service [Doc. Number AMS-FV-10-0047, FV-16-330] United States Standards for Grades of Cauliflower AGENCY: Agricultural Marketing Service, USDA. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Agricultural Marketing Service (AMS) is proposing to revise the United States Standards for Grades of Cauliflower. The current U.S. grade standards do not have provisions for grading purple, orange, or green cauliflower. The proposed revision would amend the color requirement to allow all colors of cauliflower to be certified to a U.S. grade. In addition, AMS proposes to amend the size requirement to allow curds less than 4 inches in diameter to be certified to a grade; to add marking requirements to sizes less than 4 inches in diameter; and, to remove the unclassified section. DATES: Comments must be received by July 8, 2016. ADDRESSES: Interested persons are invited to submit written comments to the Standardization Branch, Specialty Crops Inspection Division, Specialty Crops Program, Agricultural Marketing Service, U.S. Department of Agriculture, National Training and Development Center, Riverside Business Park, 100 Riverside Parkway, Suite 101, Fredericksburg, VA 22406; fax: (540) 361-1199; or, via the web at: www.regulations.gov. Comments should reference the dates 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. Comments can also be viewed as submitted, including any personal information you provide, on the www.regulations.gov Web site. A copy of the proposed revised United States Standards for Grades of Cauliflower is located at http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Dave Horner at the address above, or at phone (540) 361-1128; fax (540) 361-1199; or, email [email protected]. Copies of the proposed U.S. Standards for Grades of Cauliflower are available on the Internet at http://www.regulations.gov. The current U.S. Standards for Grades of Cauliflower are available on the Specialty Crops Inspection Division Web site at http://www.ams.usda.gov/grades-standards/cauliflower-grades-and-standards. SUPPLEMENTARY INFORMATION: Section 203(c) (7 U.S.C. 1622(c)) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627), as amended, directs and authorizes the Secretary of Agriculture ``to develop and improve standards of quality, condition, quantity, grade, and packaging, and recommend and demonstrate such standards in order to encourage uniformity and consistency in commercial practices.'' AMS is committed to carrying out this authority in a manner that facilitates the marketing of agricultural commodities and makes copies of official standards available upon request. The United States Standards for Grades of Fruits and Vegetables not connected with Federal marketing orders or U.S. import requirements no longer appear in the Code of Federal Regulations, but are maintained by USDA, AMS, Specialty Crops Program, and are available on the internet at http://www.ams.usda.gov/grades-standards. AMS proposes to revise the voluntary United States Standards for Grades of Cauliflower using the procedures that appear in Part 36, Title 7 of the Code of Federal Regulations (7 CFR part 36). These standards were last revised March 15, 1968. Background and Comments On February 9, 2012, AMS published a notice in the Federal Register (77 FR 6772) soliciting comments on proposed revisions to the United States Standards for Grades of Cauliflower. AMS received one comment from an agricultural trade association. The agricultural trade association stated that by number, but not necessarily by volume, cauliflower growers supported the proposed revision. However, members expressed some confusion about the meaning of ``unless otherwise specified'' in regards to size, and requested clarification. Following the comment period, AMS determined it would not proceed with the revisions as proposed. The U.S. grade standards presently require cauliflower curds to be white, creamy white, or cream color, but do not have provisions for grading other colors of cauliflower. AMS proposes to amend U.S. No. 1 color provisions by adding ``unless otherwise specified'' to the basic requirement for color. The phrase ``unless otherwise specified'' in regards to color would be interpreted as follows: When colors other than white, creamy white, or cream color are specified, those colors could be certified to a grade. Likewise, when designated as a mixed- color pack, a grade could be applied to all the colors in the pack, not just to the curds that are white, creamy white, or cream color. For example, a grade could be applied to a pack containing a green, an orange, a purple, and a white cauliflower curd when specified as a mixed-color pack. AMS applies the phrase ``unless otherwise specified,'' or similar terminology, to potatoes, peppers, and other commodities to allow other colors, or the comingling of colors, to be certified to a grade. This revision would also affect the U.S. Commercial grade. Previously, in 2012, AMS proposed to add ``unless otherwise specified'' to the size requirement for the U.S. No. 1 grade to allow for smaller sizes. This too is a common practice for potatoes, onions, and many other commodities. However, after contacting the agricultural trade association, AMS discovered that they were concerned that unmarked containers with curds smaller than 4 inches may lose their specified designation after being resold to another party. For example, the original verbal or contractual agreement might not follow the product through the marketing chain. At final destination, unmarked product may fail to grade U.S. No. 1, since the cauliflower curds would be smaller than 4 inches in diameter. Therefore, AMS now proposes to amend the U.S. No. 1 size provisions for cauliflower heads by adding ``unless marked to a maximum diameter of less than 4 inches. Cauliflower curds marked less than 4 inches may not be comingled [[Page 28047]] with cauliflower curds packed to be 4 inches or larger.'' to the basic requirement for curd size. To explain the marking requirements, AMS proposes to add a new ``Sec. 51.556 Marking Requirements,'' which would read as follows: ``When the product is packed to be less than 4 inches in maximum diameter, 90 percent or more of the master containers shall be plainly stamped, printed, labeled or otherwise marked with the maximum diameter. The term `maximum' or its recognized abbreviation, when following a diameter size marking, means that the curds are of the size marked or smaller.'' The current Sec. 51.556, Metric Conversion Table, will be redesignated as Sec. 51.557. The size revision and marking requirements would be interpreted as follows: When cauliflower curds are specified to be less than 4 inches in maximum diameter, at least 90 percent of the master containers in a lot must be marked by a maximum diameter of less than 4 inches. For example, a lot having curds no larger than 3\1/2\ inches in diameter must have 90 percent or more of the master containers marked 3\1/2\'' max. If less than 90 percent of the master containers are marked, the lot may meet grade requirements but would fail to meet marking requirements as to size. Furthermore, curds that are specified to be less than 4 inches in maximum diameter would not include cauliflower florets, since florets are pieces of curd and not considered small heads of cauliflower. Therefore, florets would not be certified to a grade. This revision would also affect the U.S. Commercial grade. The agricultural trade association had no objection to removing the ``Unclassified'' category from the standards. The unclassified section is being removed from all standards when they are revised. 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. AMS believes that permitting all colors, mixed-color packs, and smaller sizes of cauliflower to be certified to a grade reflects current marketing practices and consumer demand, and will facilitate the marketing of cauliflower by providing the industry with more flexibility. The official grade of a lot of cauliflower covered by these standards will be determined by the procedures set forth in the Regulations Governing Inspection, Certification, and Standards of Fresh Fruits, Vegetables and Other Products (Sec. 51.1 to 51.61). This notice provides a 60-day period during which interested parties may comment on the proposed revisions to the standards. This period is deemed appropriate in order to implement these changes, if adopted, as soon as possible to reflect current marketing practices. Authority: 7 U.S.C. 1621-1627. Dated: May 3, 2016. Elanor Starmer, Administrator. [FR Doc. 2016-10741 Filed 5-6-16; 8:45 am] BILLING CODE 3410-02-P
![28046
Notices Federal Register
Vol. 81, No. 89
Monday, May 9, 2016
This section of the FEDERAL REGISTER copy of the proposed revised United revision. However, members expressed
contains documents other than rules or States Standards for Grades of some confusion about the meaning of
proposed rules that are applicable to the Cauliflower is located at http:// ‘‘unless otherwise specified’’ in regards
public. Notices of hearings and investigations, www.regulations.gov. to size, and requested clarification.
committee meetings, agency decisions and Following the comment period, AMS
rulings, delegations of authority, filing of FOR FURTHER INFORMATION CONTACT:
petitions and applications and agency Dave Horner at the address above, or at determined it would not proceed with
statements of organization and functions are phone (540) 361–1128; fax (540) 361– the revisions as proposed.
examples of documents appearing in this 1199; or, email Dave.Horner@ The U.S. grade standards presently
section. ams.usda.gov. Copies of the proposed require cauliflower curds to be white,
U.S. Standards for Grades of Cauliflower creamy white, or cream color, but do not
are available on the Internet at http:// have provisions for grading other colors
DEPARTMENT OF AGRICULTURE www.regulations.gov. The current U.S. of cauliflower. AMS proposes to amend
Standards for Grades of Cauliflower are U.S. No. 1 color provisions by adding
Agricultural Marketing Service available on the Specialty Crops ‘‘unless otherwise specified’’ to the
[Doc. Number AMS–FV–10–0047, FV–16– Inspection Division Web site at http:// basic requirement for color. The phrase
330] www.ams.usda.gov/grades-standards/ ‘‘unless otherwise specified’’ in regards
cauliflower-grades-and-standards. to color would be interpreted as follows:
United States Standards for Grades of SUPPLEMENTARY INFORMATION: Section When colors other than white, creamy
Cauliflower 203(c) (7 U.S.C. 1622(c)) of the white, or cream color are specified,
Agricultural Marketing Act of 1946 (7 those colors could be certified to a
AGENCY: Agricultural Marketing Service, grade. Likewise, when designated as a
USDA. U.S.C. 1621–1627), as amended, directs
and authorizes the Secretary of mixed-color pack, a grade could be
ACTION: Notice. applied to all the colors in the pack, not
Agriculture ‘‘to develop and improve
standards of quality, condition, just to the curds that are white, creamy
SUMMARY: The Agricultural Marketing white, or cream color. For example, a
Service (AMS) is proposing to revise the quantity, grade, and packaging, and
recommend and demonstrate such grade could be applied to a pack
United States Standards for Grades of containing a green, an orange, a purple,
Cauliflower. The current U.S. grade standards in order to encourage
uniformity and consistency in and a white cauliflower curd when
standards do not have provisions for specified as a mixed-color pack. AMS
grading purple, orange, or green commercial practices.’’ AMS is
committed to carrying out this authority applies the phrase ‘‘unless otherwise
cauliflower. The proposed revision specified,’’ or similar terminology, to
would amend the color requirement to in a manner that facilitates the
marketing of agricultural commodities potatoes, peppers, and other
allow all colors of cauliflower to be commodities to allow other colors, or
certified to a U.S. grade. In addition, and makes copies of official standards
available upon request. The United the comingling of colors, to be certified
AMS proposes to amend the size to a grade. This revision would also
requirement to allow curds less than 4 States Standards for Grades of Fruits
and Vegetables not connected with affect the U.S. Commercial grade.
inches in diameter to be certified to a Previously, in 2012, AMS proposed to
grade; to add marking requirements to Federal marketing orders or U.S. import
requirements no longer appear in the add ‘‘unless otherwise specified’’ to the
sizes less than 4 inches in diameter; size requirement for the U.S. No. 1 grade
and, to remove the unclassified section. Code of Federal Regulations, but are
maintained by USDA, AMS, Specialty to allow for smaller sizes. This too is a
DATES: Comments must be received by common practice for potatoes, onions,
Crops Program, and are available on the
July 8, 2016. and many other commodities. However,
internet at http://www.ams.usda.gov/
ADDRESSES: Interested persons are grades-standards. after contacting the agricultural trade
invited to submit written comments to AMS proposes to revise the voluntary association, AMS discovered that they
the Standardization Branch, Specialty United States Standards for Grades of were concerned that unmarked
Crops Inspection Division, Specialty Cauliflower using the procedures that containers with curds smaller than 4
Crops Program, Agricultural Marketing appear in Part 36, Title 7 of the Code of inches may lose their specified
Service, U.S. Department of Agriculture, Federal Regulations (7 CFR part 36). designation after being resold to another
National Training and Development These standards were last revised March party. For example, the original verbal
Center, Riverside Business Park, 100 15, 1968. or contractual agreement might not
Riverside Parkway, Suite 101, follow the product through the
Fredericksburg, VA 22406; fax: (540) Background and Comments marketing chain. At final destination,
361–1199; or, via the web at: On February 9, 2012, AMS published unmarked product may fail to grade
www.regulations.gov. Comments should a notice in the Federal Register (77 FR U.S. No. 1, since the cauliflower curds
reference the dates and page number of 6772) soliciting comments on proposed would be smaller than 4 inches in
mstockstill on DSK3G9T082PROD with NOTICES
this issue of the Federal Register and revisions to the United States Standards diameter.
will be made available for public for Grades of Cauliflower. AMS received Therefore, AMS now proposes to
inspection in the above office during one comment from an agricultural trade amend the U.S. No. 1 size provisions for
regular business hours. Comments can association. The agricultural trade cauliflower heads by adding ‘‘unless
also be viewed as submitted, including association stated that by number, but marked to a maximum diameter of less
any personal information you provide, not necessarily by volume, cauliflower than 4 inches. Cauliflower curds marked
on the www.regulations.gov Web site. A growers supported the proposed less than 4 inches may not be comingled
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![Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Notices 28047
with cauliflower curds packed to be 4 comment on the proposed revisions to Schechtman, Designated Federal
inches or larger.’’ to the basic the standards. This period is deemed Official, Office of the Deputy Secretary,
requirement for curd size. To explain appropriate in order to implement these USDA, 202B Jamie L. Whitten Federal
the marking requirements, AMS changes, if adopted, as soon as possible Building, 12th and Independence
proposes to add a new ‘‘§ 51.556 to reflect current marketing practices. Avenue SW., Washington, DC 20250;
Marking Requirements,’’ which would Authority: 7 U.S.C. 1621–1627. Telephone (202) 720–3817; Fax (202)
read as follows: ‘‘When the product is 690–4265; Email AC21@ars.usda.gov
packed to be less than 4 inches in Dated: May 3, 2016.
may be contacted for specific questions
maximum diameter, 90 percent or more Elanor Starmer, about the committee or this meeting.
of the master containers shall be plainly Administrator.
SUPPLEMENTARY INFORMATION: The AC21
stamped, printed, labeled or otherwise [FR Doc. 2016–10741 Filed 5–6–16; 8:45 am] has been established to provide
marked with the maximum diameter. BILLING CODE 3410–02–P information and advice to the Secretary
The term ‘maximum’ or its recognized of Agriculture on the broad array of
abbreviation, when following a diameter issues related to the expanding
size marking, means that the curds are DEPARTMENT OF AGRICULTURE dimensions and importance of
of the size marked or smaller.’’ The agricultural biotechnology. The
current § 51.556, Metric Conversion Office of the Under Secretary,
Research, Education, and Economics; committee is charged with examining
Table, will be redesignated as § 51.557. the long-term impacts of biotechnology
The size revision and marking Notice of the Advisory Committee on
Biotechnology and 21st Century on the U.S. food and agriculture system
requirements would be interpreted as
Agriculture Meeting and USDA, and providing guidance to
follows: When cauliflower curds are
USDA on pressing individual issues,
specified to be less than 4 inches in AGENCY: Agricultural Research Service, identified by the Office of the Secretary,
maximum diameter, at least 90 percent USDA. related to the application of
of the master containers in a lot must be
ACTION: Notice of public meeting. biotechnology in agriculture. In recent
marked by a maximum diameter of less
years, the work of the AC21 has
than 4 inches. For example, a lot having SUMMARY: Pursuant to the Federal centered on the issue of coexistence
curds no larger than 31⁄2 inches in Advisory Committee Act, 5 U.S.C. App. among different types of agricultural
diameter must have 90 percent or more 2, the United States Department of production systems. The AC21 consists
of the master containers marked 31⁄2″ Agriculture announces a meeting of the of members representing the
max. If less than 90 percent of the Advisory Committee on Biotechnology biotechnology industry, the organic food
master containers are marked, the lot and 21st Century Agriculture (AC21). industry, farming communities, the seed
may meet grade requirements but would The committee is being convened to: industry, food manufacturers, state
fail to meet marking requirements as to consider work of the three ad hoc government, consumer and community
size. subgroups on the progress of their
Furthermore, curds that are specified development groups, as well as
analyses relevant to the new AC21 academic researchers and a medical
to be less than 4 inches in maximum charge; discuss a draft outline for the
diameter would not include cauliflower doctor. In addition, representatives from
committee’s next report and selected the Department of Commerce, the
florets, since florets are pieces of curd draft content, including a draft guidance
and not considered small heads of Department of Health and Human
document for producers and a draft Services, the Environmental Protection
cauliflower. Therefore, florets would not model for facilitating local
be certified to a grade. Agency, the Council on Environmental
conversations around coexistence; and Quality, and the Office of the United
This revision would also affect the continue overall discussions on the
U.S. Commercial grade. States Trade Representative serve as ‘‘ex
committee charge and planning the officio’’ members.
The agricultural trade association had completion of its work.
no objection to removing the In its last report, issued on November
DATES: The meeting will be held on 17, 2012, entitled ‘‘Enhancing
‘‘Unclassified’’ category from the
Monday–Tuesday, June 13–14, 2016, Coexistence: A Report to the Secretary
standards. The unclassified section is
8:30 a.m. to 5:00 p.m. each day. This of Agriculture,’’ and available on the
being removed from all standards when
meeting is open to the public. On June Web site listed below, the AC21 offered
they are revised. This category is not a
13, 2016, if time permits, reasonable a diverse package of recommendations,
grade and only serves to show that no
provision will be made for oral among which was a recommendation
grade has been applied to the lot. It is
presentations of no more than five that ‘‘ . . . USDA should facilitate
no longer considered necessary.
AMS believes that permitting all minutes each in duration, starting at development of joint coexistence plans
colors, mixed-color packs, and smaller 3:30 p.m. Members of the public who by neighboring farmers,’’ and that in a
sizes of cauliflower to be certified to a wish to make oral statements should pilot program, USDA should, among
grade reflects current marketing also inform Dr. Schechtman in writing other things, offer incentives for the
practices and consumer demand, and or via Email at the indicated addresses development of such plans.
will facilitate the marketing of below at least three business days before At its meeting on December 14–15,
cauliflower by providing the industry the meeting. 2015, USDA offered a specific new
with more flexibility. ADDRESSES: U.S. Access Board charge to the AC21 building on its
The official grade of a lot of Conference Room, 1331 F Street NW., previous work. Recognizing that USDA
cauliflower covered by these standards Suite 800, Washington, DC 20004. currently lacks the legal authority to
mstockstill on DSK3G9T082PROD with NOTICES
will be determined by the procedures FOR FURTHER INFORMATION CONTACT: offer any such incentives, the committee
set forth in the Regulations Governing General information about the has been charged with considering the
Inspection, Certification, and Standards committee can also be found at http:// following two questions: Is there an
of Fresh Fruits, Vegetables and Other www.usda.gov/wps/portal/usda/ approach by which farmers could be
Products (Sec. 51.1 to 51.61). usdahome?navid=BIOTECH_ encouraged to work with their neighbors
This notice provides a 60-day period AC21&navtype=RT&parentnav= to develop joint coexistence plans at the
during which interested parties may BIOTECH. However, Michael State or local level? If so, how might the
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Document Created: 2018-02-07 14:49:46
Document Modified: 2018-02-07 14:49:46
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | Comments must be received by July 8, 2016. | |
| FR Citation | 81 FR 28046 |
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