81 FR 40779 - United States Standards for Grades of Processed Raisins
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 81, Issue 121 (June 23, 2016)
Agricultural Marketing Service
Federal Register Volume 81, Issue 121 (June 23, 2016)
| Page Range | 40779-40780 | |
| FR Document | 2016-14821 |
[Federal Register Volume 81, Number 121 (Thursday, June 23, 2016)] [Rules and Regulations] [Pages 40779-40780] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14821] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations [[Page 40779]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 52 [Document Number AMS-FV-14-0087, FV-16-329] United States Standards for Grades of Processed Raisins AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Agricultural Marketing Service (AMS) of the U.S. Department of Agriculture (USDA) is revising the United States Standards for Grades of Processed Raisins by removing five references to the term ``midget'' throughout the standards. These changes will modernize and clarify the standards by removing dual terminology for the same requirement. DATES: Effective July 25, 2016. FOR FURTHER INFORMATION CONTACT: Lindsay Mitchell at 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, or at phone (540) 361-1120; fax (540) 361-1199; or, email [email protected]. Copies of the proposed U.S. Standards for Grades of Processed Raisins are available on the Internet at http://www.regulations.gov. The current U.S. Standards for Grades of Processed Raisins are available on the Specialty Crops Inspection Division Web site at http://www.ams.usda.gov/grades-standards. SUPPLEMENTARY INFORMATION: The changes remove the dual nomenclature terminology ``small or midget'' for the same requirement from the U.S. Standards for Grades of Processed Raisins. These revisions also affect the grade requirements under the marketing order, 7 CFR parts 989, issued under the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601-674) and applicable imports. Executive Orders 12866 and 13563 Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits, including potential economic, environmental, public health and safety effects, and distributive impacts and equity. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. This rule has been determined to be not significant for purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. Executive Order 13175 This action has been reviewed in accordance with the requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. The review reveals that this regulation would not have substantial and direct effects on Tribal governments and would not have significant Tribal implications. Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have retroactive effect. There are no administrative procedures that must be exhausted prior to any judicial challenge to the provisions of this rule. Regulatory Flexibility Act and Paperwork Reduction Act Pursuant to the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), AMS has considered the economic impact of these revisions on small entities, and prepared the following final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions so small businesses will not be unduly or disproportionately burdened. Marketing orders issued under the Act, and the rules issued thereunder, are unique in that they are brought about through group action of small entities acting on their own behalf. There are approximately 3,000 California raisin producers and 28 handlers subject to regulation under the marketing order. The Small Business Administration defines small agricultural producers as those with annual receipts less than $750,000, and defines small agricultural service firms as those with annual receipts less than $7,500,000 (13 CFR 121.201). Based on shipment data and other information provided by the Raisin Administrative Committee (RAC), which administers the Federal marketing order for raisins produced from grapes grown in California, most producers and approximately 18 handlers of California raisins may be classified as small entities. The RAC represents the entire California raisin industry; no other state produces raisins commercially. This action should not have any impact on handlers' or growers' benefits or costs. The action will clarify AMS grade standards by eliminating the use of the term ``midget'' and consistently using the term ``small'' for raisins graded in that category. The industry has used the two terms interchangeably for years. The proposed grade standards will be applied uniformly by all handlers. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this rule will not change the information collection and recordkeeping requirements previously approved, and will impose no additional reporting or recordkeeping burden on domestic producers, first handlers, and importers of processed raisins. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. The rule will impact marketing programs that regulate the handling of processed raisins under 7 CFR part 989. Raisins under a marketing order must meet certain requirements set forth in the grade standards. In addition, raisins are subject to section 8e import requirements under the Agricultural Marketing Act of 1937, as amended (7 U.S.C. 601-674), which requires that imported raisins meet grade, size, and [[Page 40780]] quality under the applicable marketing order (7 CFR part 999). Background AMS continually reviews all fruit and vegetable grade standards to ensure their usefulness to the industry, and to modernize language and remove duplicative terminology. On May 13, 2013, AMS received a petition from the Little People of America stating that they ``are trying to raise awareness around and eliminate the use of the word midget.'' The petition further stated that, ``Though the use of the word midget by the USDA when classifying certain food products is benign, Little People of America, and the dwarfism community, hopes that the USDA would consider phasing out the term midget.'' AMS determined that the processed raisin grade standard contained ``small or midget'' terminology for the same requirement. Before developing these proposed revisions, AMS solicited comments and suggestions about the grade standards from the RAC, which represents the entire California raisin industry. On August 14, 2014, the RAC approved the removal of the term midget from the standards. On August 21, 2015, AMS published a Proposed Rule in the Federal Register (80 FR 50803) soliciting comments on removing five references to the term ``midget'' from the standards. Eight comments were submitted by October 20, 2015, the closing date of the public comment period. Five of the eight comments fully supported the revisions; three did not. Five commenters, one of which represents the dwarfism community, fully support the revisions. Four of them believe the issue is not about political correctness, but, rather, is a matter of common decency and respect. They also believe eliminating the term ``midget'' from USDA documents will raise awareness that the term is socially unacceptable. In addition, one commenter believes it is redundant to have two names for the same size category. All agree the term ``midget'' is unneeded and should be removed. Two of the three opposing commenters believe the USDA should address more important issues and not concern themselves with being ``politically correct.'' The third stated that even though they understand the concern of Little People of America, they believe addressing the issue is unnecessary, since, in their purchasing experience, they have never encountered raisins identified by size. The USDA and RAC support the Little People of America in the removal of the term ``midget'' from the raisin standards as a matter of common decency, that there is limited use of the term by industry, and because it is redundant as there is also the term ``small'' for the size category. No changes have been made to the rule based on the comments. Based on the information gathered, AMS is removing five references to the term ``midget'' in the following sections: 52.1845(b) and (c), 52.1850(a)(2) and (a)(3), and Table I. The revisions will modernize and help clarify the language of the standard by removing dual terminology for the same requirement. List of Subjects in 7 CFR Part 52 Food grades and standards, Food labeling, Frozen foods, Fruit juices, Fruits, Reporting and recordkeeping requirements, Vegetables. For reasons set forth in the preamble, 7 CFR part 52 is amended as follows: PART 52--[AMENDED] 0 1. The authority citation for part 52 continues to read as follows: Authority: 7 U.S.C. 1621-1627. 0 2. In Sec. 52.1845, paragraphs (b) and (c) are revised to read as follows: Sec. 52.1845 Sizes of seedless raisins. * * * * * (b) Small size raisins means that 95 percent, by weight, of all the raisins will pass through round perforations \24/64\-inch in diameter, and not less than 70 percent, by weight, of all raisins will pass through round perforations \22/64\-inch in diameter. (c) Mixed size raisins means a mixture that does not meet either the requirements for ``select'' size or for ``small'' size. 0 3. In Sec. 52.1846, Table I is amended under the heading ``Substandard development and undeveloped'' by removing the entry for ``Small (Midget) size'' and adding in its place an entry for ``Small size'' to read as follows: Sec. 52.1846 Grades of seedless raisins. * * * * * Table I--Allowances for Defects in Type I, Seedless Raisins and Type II, Golden Seedless Raisins ---------------------------------------------------------------------------------------------------------------- Defects U.S. Grade A U.S. Grade B U.S. Grade C ---------------------------------------------------------------------------------------------------------------- * * * * * * * Substandard development and undeveloped...................... Total Total Total * * * * * * * Small size................................................... 2 3 5 * * * * * * * ---------------------------------------------------------------------------------------------------------------- 0 4. In Sec. 52.1850, paragraphs (a)(2) and (3) are revised to read as follows: Sec. 52.1850 Sizes of raisins with seeds--except layer or cluster. * * * * * (a) * * * (2) Small size raisins means that all of the raisins will pass through round perforations \34/64\-inch in diameter and not less than 90 percent, by weight, of all the raisins will pass through round perforations \22/64\-inch in diameter. (3) Mixed size raisins means a mixture does not meet either the requirements for ``select'' size or for ``small'' size. * * * * * Dated: June 17, 2016. Elanor Starmer, Administrator, Agricultural Marketing Service. [FR Doc. 2016-14821 Filed 6-22-16; 8:45 am] BILLING CODE 3410-02-P
![40779
Rules and Regulations Federal Register
Vol. 81, No. 121
Thursday, June 23, 2016
This section of the FEDERAL REGISTER same requirement from the U.S. orders issued under the Act, and the
contains regulatory documents having general Standards for Grades of Processed rules issued thereunder, are unique in
applicability and legal effect, most of which Raisins. These revisions also affect the that they are brought about through
are keyed to and codified in the Code of grade requirements under the marketing group action of small entities acting on
Federal Regulations, which is published under order, 7 CFR parts 989, issued under the their own behalf.
50 titles pursuant to 44 U.S.C. 1510.
Agricultural Marketing Agreement Act There are approximately 3,000
The Code of Federal Regulations is sold by of 1937 (7 U.S.C. 601–674) and California raisin producers and 28
the Superintendent of Documents. Prices of applicable imports. handlers subject to regulation under the
new books are listed in the first FEDERAL marketing order. The Small Business
Executive Orders 12866 and 13563
REGISTER issue of each week. Administration defines small
Executive Orders 12866 and 13563
agricultural producers as those with
direct agencies to assess all costs and
annual receipts less than $750,000, and
DEPARTMENT OF AGRICULTURE benefits of available regulatory
defines small agricultural service firms
alternatives and, if regulation is
Agricultural Marketing Service as those with annual receipts less than
necessary, to select regulatory
$7,500,000 (13 CFR 121.201).
approaches that maximize net benefits,
7 CFR Part 52 including potential economic, Based on shipment data and other
environmental, public health and safety information provided by the Raisin
[Document Number AMS–FV–14–0087, FV– Administrative Committee (RAC),
16–329] effects, and distributive impacts and
equity. Executive Order 13563 which administers the Federal
United States Standards for Grades of emphasizes the importance of marketing order for raisins produced
Processed Raisins quantifying both costs and benefits, from grapes grown in California, most
reducing costs, harmonizing rules, and producers and approximately 18
AGENCY: Agricultural Marketing Service, promoting flexibility. This rule has been handlers of California raisins may be
USDA. determined to be not significant for classified as small entities. The RAC
ACTION: Final rule. purposes of Executive Order 12866 and, represents the entire California raisin
therefore, has not been reviewed by the industry; no other state produces raisins
SUMMARY: The Agricultural Marketing Office of Management and Budget. commercially. This action should not
Service (AMS) of the U.S. Department of have any impact on handlers’ or
Agriculture (USDA) is revising the Executive Order 13175 growers’ benefits or costs.
United States Standards for Grades of This action has been reviewed in The action will clarify AMS grade
Processed Raisins by removing five accordance with the requirements of standards by eliminating the use of the
references to the term ‘‘midget’’ Executive Order 13175, Consultation term ‘‘midget’’ and consistently using
throughout the standards. These and Coordination with Indian Tribal the term ‘‘small’’ for raisins graded in
changes will modernize and clarify the Governments. The review reveals that that category. The industry has used the
standards by removing dual terminology this regulation would not have two terms interchangeably for years.
for the same requirement. substantial and direct effects on Tribal The proposed grade standards will be
DATES: Effective July 25, 2016. governments and would not have applied uniformly by all handlers.
FOR FURTHER INFORMATION CONTACT: significant Tribal implications. In accordance with the Paperwork
Lindsay Mitchell at Standardization Executive Order 12988 Reduction Act of 1995 (44 U.S.C.
Branch, Specialty Crops Inspection Chapter 35), this rule will not change
Division, Specialty Crops Program, This rule has been reviewed under
the information collection and
Agricultural Marketing Service, U.S. Executive Order 12988, Civil Justice
recordkeeping requirements previously
Department of Agriculture, National Reform. It is not intended to have
approved, and will impose no
Training and Development Center, retroactive effect. There are no
additional reporting or recordkeeping
Riverside Business Park, 100 Riverside administrative procedures that must be
burden on domestic producers, first
Parkway, Suite 101, Fredericksburg, VA exhausted prior to any judicial
handlers, and importers of processed
22406, or at phone (540) 361–1120; fax challenge to the provisions of this rule.
raisins.
(540) 361–1199; or, email Regulatory Flexibility Act and USDA has not identified any relevant
Lindsay.Mitchell@ams.usda.gov. Copies Paperwork Reduction Act Federal rules that duplicate, overlap, or
of the proposed U.S. Standards for conflict with this rule. The rule will
Pursuant to the requirements of the
Grades of Processed Raisins are impact marketing programs that regulate
Regulatory Flexibility Act (RFA) (5
available on the Internet at http:// the handling of processed raisins under
U.S.C. 601–612), AMS has considered
www.regulations.gov. The current U.S. 7 CFR part 989. Raisins under a
the economic impact of these revisions
Standards for Grades of Processed
asabaliauskas on DSK3SPTVN1PROD with RULES
on small entities, and prepared the marketing order must meet certain
Raisins are available on the Specialty requirements set forth in the grade
following final regulatory flexibility
Crops Inspection Division Web site at standards. In addition, raisins are
analysis.
http://www.ams.usda.gov/grades- The purpose of the RFA is to fit subject to section 8e import
standards. regulatory actions to the scale of requirements under the Agricultural
SUPPLEMENTARY INFORMATION: The businesses subject to such actions so Marketing Act of 1937, as amended (7
changes remove the dual nomenclature small businesses will not be unduly or U.S.C. 601–674), which requires that
terminology ‘‘small or midget’’ for the disproportionately burdened. Marketing imported raisins meet grade, size, and
VerDate Sep<11>2014 16:58 Jun 22, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\23JNR1.SGM 23JNR1](https://thefederalregister.org/doc/81_FR_40900/page/1.svg)
![40780 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations
quality under the applicable marketing Five commenters, one of which of the standard by removing dual
order (7 CFR part 999). represents the dwarfism community, terminology for the same requirement.
fully support the revisions. Four of them
Background List of Subjects in 7 CFR Part 52
believe the issue is not about political
AMS continually reviews all fruit and correctness, but, rather, is a matter of Food grades and standards, Food
vegetable grade standards to ensure common decency and respect. They also labeling, Frozen foods, Fruit juices,
their usefulness to the industry, and to believe eliminating the term ‘‘midget’’ Fruits, Reporting and recordkeeping
modernize language and remove from USDA documents will raise requirements, Vegetables.
duplicative terminology. On May 13, awareness that the term is socially For reasons set forth in the preamble,
2013, AMS received a petition from the unacceptable. In addition, one 7 CFR part 52 is amended as follows:
Little People of America stating that commenter believes it is redundant to
they ‘‘are trying to raise awareness have two names for the same size PART 52—[AMENDED]
around and eliminate the use of the category. All agree the term ‘‘midget’’ is
word midget.’’ The petition further unneeded and should be removed. ■ 1. The authority citation for part 52
stated that, ‘‘Though the use of the word continues to read as follows:
midget by the USDA when classifying Two of the three opposing
commenters believe the USDA should Authority: 7 U.S.C. 1621–1627.
certain food products is benign, Little
People of America, and the dwarfism address more important issues and not ■ 2. In § 52.1845, paragraphs (b) and (c)
community, hopes that the USDA concern themselves with being are revised to read as follows:
would consider phasing out the term ‘‘politically correct.’’ The third stated
midget.’’ that even though they understand the § 52.1845 Sizes of seedless raisins.
AMS determined that the processed concern of Little People of America, * * * * *
raisin grade standard contained ‘‘small they believe addressing the issue is (b) Small size raisins means that 95
or midget’’ terminology for the same unnecessary, since, in their purchasing percent, by weight, of all the raisins will
requirement. Before developing these experience, they have never pass through round perforations 24⁄64-
proposed revisions, AMS solicited encountered raisins identified by size. inch in diameter, and not less than 70
comments and suggestions about the The USDA and RAC support the Little percent, by weight, of all raisins will
grade standards from the RAC, which People of America in the removal of the pass through round perforations 22⁄64-
represents the entire California raisin term ‘‘midget’’ from the raisin standards inch in diameter.
industry. On August 14, 2014, the RAC as a matter of common decency, that (c) Mixed size raisins means a mixture
approved the removal of the term there is limited use of the term by that does not meet either the
midget from the standards. industry, and because it is redundant as requirements for ‘‘select’’ size or for
On August 21, 2015, AMS published there is also the term ‘‘small’’ for the ‘‘small’’ size.
a Proposed Rule in the Federal Register size category. No changes have been
■ 3. In § 52.1846, Table I is amended
(80 FR 50803) soliciting comments on made to the rule based on the
under the heading ‘‘Substandard
removing five references to the term comments.
development and undeveloped’’ by
‘‘midget’’ from the standards. Eight Based on the information gathered, removing the entry for ‘‘Small (Midget)
comments were submitted by October AMS is removing five references to the size’’ and adding in its place an entry
20, 2015, the closing date of the public term ‘‘midget’’ in the following sections: for ‘‘Small size’’ to read as follows:
comment period. Five of the eight 52.1845(b) and (c), 52.1850(a)(2) and
comments fully supported the revisions; (a)(3), and Table I. The revisions will § 52.1846 Grades of seedless raisins.
three did not. modernize and help clarify the language * * * * *
TABLE I—ALLOWANCES FOR DEFECTS IN TYPE I, SEEDLESS RAISINS AND TYPE II, GOLDEN SEEDLESS RAISINS
Defects U.S. Grade A U.S. Grade B U.S. Grade C
* * * * * * *
Substandard development and undeveloped .............................................................................. Total Total Total
* * * * * * *
Small size ..................................................................................................................................... 2 3 5
* * * * * * *
■ 4. In § 52.1850, paragraphs (a)(2) and perforations 34⁄64-inch in diameter and Dated: June 17, 2016.
(3) are revised to read as follows: not less than 90 percent, by weight, of Elanor Starmer,
all the raisins will pass through round Administrator, Agricultural Marketing
§ 52.1850 Sizes of raisins with seeds—
asabaliauskas on DSK3SPTVN1PROD with RULES
perforations 22⁄64-inch in diameter. Service.
except layer or cluster.
(3) Mixed size raisins means a mixture [FR Doc. 2016–14821 Filed 6–22–16; 8:45 am]
* * * * * does not meet either the requirements BILLING CODE 3410–02–P
(a) * * * for ‘‘select’’ size or for ‘‘small’’ size.
(2) Small size raisins means that all of * * * * *
the raisins will pass through round
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Document Created: 2018-02-08 07:41:37
Document Modified: 2018-02-08 07:41:37
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective July 25, 2016. | |
| Contact | Lindsay Mitchell at 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, or at phone (540) 361-1120; fax (540) 361-1199; or, email [email protected] Copies of the proposed U.S. Standards for Grades of Processed Raisins are available on the Internet at http:/ /www.regulations.gov. The current U.S. Standards for Grades of Processed Raisins are available on the Specialty Crops Inspection Division Web site at http://www.ams.usda.gov/grades-standards. | |
| FR Citation | 81 FR 40779 | |
| CFR Associated | Food Grades and Standards; Food Labeling; Frozen Foods; Fruit Juices; Fruits; Reporting and Recordkeeping Requirements and Vegetables |
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