81 FR 84506 - United States Standards for Grades of Frozen Onions
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 81, Issue 226 (November 23, 2016)
Agricultural Marketing Service
Federal Register Volume 81, Issue 226 (November 23, 2016)
| Page Range | 84506-84507 | |
| FR Document | 2016-28255 |
[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)] [Proposed Rules] [Pages 84506-84507] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-28255] ======================================================================== 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. ======================================================================== Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Proposed Rules [[Page 84506]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 52 [Document Number AMS-FV-08-0076; SC-16-334] United States Standards for Grades of Frozen Onions AGENCY: Agricultural Marketing Service, USDA. ACTION: Notice and request for comments. ----------------------------------------------------------------------- SUMMARY: The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) is soliciting comments on its proposal to create new United States Standards for Grades of Frozen Onions. The American Frozen Food Institute (AFFI) petitioned AMS to develop new grade standards for frozen onions. AMS has received additional industry comments on several discussion drafts of the proposed standards. The grade standards would provide a common language for trade, a means of measuring value in the marketing of frozen onions, and guidance on the effective use of frozen onions. DATES: Comments must be submitted on or before January 23, 2017. ADDRESSES: Written comments may be submitted via the Internet to http://www.regulations.gov; by email to Brian.Griffin@ams.usda.gov; by mail to Brian E. Griffin, Standardization Branch, Specialty Crops Inspection Division, Specialty Crops Program, Agricultural Marketing Service, U.S. Department of Agriculture, 1400 Independence Avenue SW., Room 1536, South Building; STOP 0247, Washington, DC 20250; or by fax to (202) 690-1527. All comments should reference the document number, date, and page number of this issue of the Federal Register. All comments will be posted without change, including any personal information provided. All comments submitted in response to this notice will be included in the public record and will be made available to the public on the Internet via http://www.regulations.gov. Comments will be made available for public inspection at the above address during regular business hours or can be viewed at: http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Brian E. Griffin, Agricultural Marketing Specialist, Specialty Crops Inspection Division, Specialty Crops Program, Agricultural Marketing Service, U.S. Department of Agriculture, 1400 Independence Avenue SW., Room 1536, South Building; STOP 0247, Washington, DC 20250; telephone (202) 720-5021; fax (202) 690-1527; or, email Brian.Griffin@ams.usda.gov. Copies of the proposed revised grade standards are published with this notice and can be viewed at http://www.regulations.gov. SUPPLEMENTARY INFORMATION: Section 203(c) of the Agricultural Marketing Act of 1946 (Act) (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 grade standards available upon request. The United States Standards for Grades of Fruits and Vegetables unrelated to 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/scihome. AMS is proposing to establish U.S. Standards for Grades of Frozen Onions using the procedures in part 36, Title 7 of the Code of Federal Regulations (7 CFR part 36). Background: The American Frozen Food Institute (AFFI) petitioned AMS to develop new grade standards for frozen onions. AFFI is a national trade association representing the interests of U.S. frozen food processors and their suppliers in all frozen food sectors, including processors and packers of frozen onions. AFFI's more than 500 member companies represent approximately 90 percent of all frozen food processed annually in the United States. The AFFI petition provided information on product styles, sample sizes, and a product description for use in the grade standards. AMS asked the petitioner for various styles of samples in order to determine grades of frozen onions. AMS distributed several discussion drafts of proposed standards to AFFI, instituted changes to the drafts once agreement was reached, then published several Federal Register notices in order to receive comments from all interested parties (see 66 FR 21116, 68 FR 11801, 68 FR 27010, and 76 FR 31575). Comments AMS responded to comments received in response to the drafts as follows: 1. AMS agreed to include stem material, sprout material, and root material as defects in the ``core material'' defect category for strips, diced, and other styles. 2. AMS agreed to include an AFFI proposal to add and define dark green units with dark green stripes across 50 percent or more of the onion unit as a defect. 3. AMS agreed to include onion units from \3/8\ inch (10mm) to \7/ 8\ inch (22mm) under the whole styles category as Type II (Pearl). 4. In response to AFFI comments, AMS agreed to classify the style ``minced'' in the category of ``other'' styles. 5. AFFI expressed concern that defects, as defined in the proposed section on Acceptable Quality Levels (AQLs) for quality defects, were defined by count and not by weight, and that larger units would be allowed a smaller number of defects, and that smaller units would be allowed a large number of defects. AMS agreed, and after reevaluation, based the sample size for quality defects in whole units by count (50 count), and for the styles ``diced,'' ``strips,'' and ``other'' by weight (450 grams). AFFI agreed with the adjusted sample sizes and AQLs. 6. AFFI also expressed concern that the proposed AQLs allowed many more defects than current industry practices, and submitted examples of current buyers specifications to demonstrate this. AMS then modified the AQLs by reducing the number of defects allowed [[Page 84507]] per hundred units to align it with current industry practices, based on the AFFI request. 7. AMS did not modify use of 450 gram samples in response to AFFI questioning why we used 450 grams for the individual sample sizes for styles other than whole instead of 454 grams, which equals one pound. AMS responded that AQLs are based on increments of 50 units so rounding to the nearest AQL results in using 450 grams per sample unit or approximately one pound. AFFI concurred with use of 450 gram samples. 8. In response to a request to revise the definitions of ``good appearance'' and ``reasonably good appearance'' because they were too similar, AMS added flowability, brightness, and overall appearance to the description of ``reasonably good appearance,'' and also added the classification and definition for ``poor appearance.'' AFFI agreed to the new terminology and additional classification. 9. In response to a comment received, AMS did not include a requirement for heat treatment but added that option in the product description, by means of blanching. The revised statement is: ``have been properly prepared, washed, blanched or unblanched, and then frozen in accordance with good commercial practice and maintained at temperatures necessary to preserve the product.'' AFFI concurred with the revised product description. 10. In response to AFFI comments, AMS agreed to limit the product description to ``individually quick frozen'' onions. 11. In accordance with AMS' policy requiring commodities covered by U.S. grade standards to comply with all federal, state, and local laws, AMS did not include microbiological requirements, storage temperatures, shelf life requirements, and limits for chemical and pesticide residues to the proposed frozen onion grade standards. Such requirements are not typically included in the voluntary U.S. grade standards. AFFI concurred. 12. In response to a request from AFFI members, AMS changed the proposed size descriptions for ``whole'' styles as follows: Type I from \3/4\ inch (19mm) to 1\7/8\ inch (48mm) changed to \7/ 8\ inch (22mm) to 1\7/8\ inch (48mm). Type II (Pearl) from \1/4\ inch (6mm) to \7/8\ inch (22mm) changed to \3/8\ inch (10mm) to \7/8\ inch (22mm). 13. In reponse to an AFFI member's comment to the AMS' Federal Register notice published on June 1, 2011 (76 FR 31575), AMS revised the Defect Tables and Definitions of the proposed standards. The AFFI member, a major processor and distributor of strips and diced styles of frozen onions, agreed with most of the proposal, but provided additional suggestions concerning whole, strips, diced, and other styles containing crown material defects in its comments. The member also suggested additional provisions for defects, such as core material, sprouts, seed stems, and root material; and, suggested that portions of root crown exceeding \3/8\ inch (10 mm) in diameter be listed in a separate category. AMS agreed and revised Defect Tables I (whole style) and II (strips, diced, and other styles) of the proposed grade standards and definitions to include major and minor defects in core material, to include root crown, with dimensions listed accordingly. AMS sent a discussion draft of the proposed standards to AFFI members for concurrence. AMS received confirmation in November 2015 that AFFI members agreed with the changes, and had no additional comments. Conclusions These proposed standards would establish the grade levels ``A,'' ``B,'' and ``Substandard,'' as well as proposed AQL tolerances and acceptance numbers for each quality factor as defined for each grade level. AMS used the standard format for U.S. standards for grades using ``individual attributes.'' Specifically, the proposed grade standards would provide for tolerance limits for defects; acceptance numbers of allowable defects with single letter grade designation based on a specified number or weight of sample units; a product description for frozen onions; and, style designations for ``whole,'' ``strips,'' ``diced,'' and ``other'' styles. The proposal also would define quality factors, AQLs, and tolerances for defects in frozen onions, and determine sample unit sizes for this commodity. The grade of a sample unit of frozen onions would be ascertained considering the factors of varietal characteristics, color, flavor and odor, appearance, absence of grit or dirt, defects, and character. These voluntary grade standards would provide a common language for trade, a means of measuring value in marketing, and guidance in the effective use of frozen onions. The official grade of a lot of frozen onions covered by these standards would be determined by the procedures set forth in the Regulations Governing Inspection and Certification of Processed Fruits and Vegetables, Processed Products Thereof, and Certain Other Processed Food Products (7 CFR 52.1 to 52.83). AMS is publishing this notice with a 60-day comment period that will provide a sufficient amount of time for interested persons to comment on the proposed new grade standards for frozen onions. Authority: 7 U.S.C. 1621-1627 Dated: November 18, 2016. Elanor Starmer, Administrator, Agricultural Marketing Service. [FR Doc. 2016-28255 Filed 11-22-16; 8:45 am] BILLING CODE 3410-02-P
![84506
Proposed Rules Federal Register
Vol. 81, No. 226
Wednesday, November 23, 2016
This section of the FEDERAL REGISTER notice will be included in the public member companies represent
contains notices to the public of the proposed record and will be made available to the approximately 90 percent of all frozen
issuance of rules and regulations. The public on the Internet via http:// food processed annually in the United
purpose of these notices is to give interested www.regulations.gov. Comments will be States. The AFFI petition provided
persons an opportunity to participate in the made available for public inspection at information on product styles, sample
rule making prior to the adoption of the final
the above address during regular sizes, and a product description for use
rules.
business hours or can be viewed at: in the grade standards.
http://www.regulations.gov. AMS asked the petitioner for various
DEPARTMENT OF AGRICULTURE FOR FURTHER INFORMATION CONTACT: styles of samples in order to determine
Brian E. Griffin, Agricultural Marketing grades of frozen onions. AMS
Agricultural Marketing Service Specialist, Specialty Crops Inspection distributed several discussion drafts of
Division, Specialty Crops Program, proposed standards to AFFI, instituted
7 CFR Part 52 Agricultural Marketing Service, U.S. changes to the drafts once agreement
Department of Agriculture, 1400 was reached, then published several
[Document Number AMS–FV–08–0076; SC– Federal Register notices in order to
16–334] Independence Avenue SW., Room 1536,
South Building; STOP 0247, receive comments from all interested
United States Standards for Grades of Washington, DC 20250; telephone (202) parties (see 66 FR 21116, 68 FR 11801,
Frozen Onions 720–5021; fax (202) 690–1527; or, email 68 FR 27010, and 76 FR 31575).
Brian.Griffin@ams.usda.gov. Copies of Comments
AGENCY: Agricultural Marketing Service, the proposed revised grade standards
USDA. are published with this notice and can AMS responded to comments
Notice and request for
ACTION: be viewed at http:// received in response to the drafts as
comments. www.regulations.gov. follows:
1. AMS agreed to include stem
SUPPLEMENTARY INFORMATION: Section material, sprout material, and root
SUMMARY: The Agricultural Marketing
Service (AMS) of the Department of 203(c) of the Agricultural Marketing Act material as defects in the ‘‘core
Agriculture (USDA) is soliciting of 1946 (Act) (7 U.S.C. 1621–1627), as material’’ defect category for strips,
comments on its proposal to create new amended, directs and authorizes the diced, and other styles.
United States Standards for Grades of Secretary of Agriculture ‘‘to develop and 2. AMS agreed to include an AFFI
Frozen Onions. The American Frozen improve standards of quality, condition, proposal to add and define dark green
Food Institute (AFFI) petitioned AMS to quantity, grade, and packaging, and units with dark green stripes across 50
develop new grade standards for frozen recommend and demonstrate such percent or more of the onion unit as a
onions. AMS has received additional standards in order to encourage defect.
industry comments on several uniformity and consistency in 3. AMS agreed to include onion units
discussion drafts of the proposed commercial practices.’’ from 3⁄8 inch (10mm) to 7⁄8 inch (22mm)
AMS is committed to carrying out this under the whole styles category as Type
standards. The grade standards would
authority in a manner that facilitates the II (Pearl).
provide a common language for trade, a
marketing of agricultural commodities 4. In response to AFFI comments,
means of measuring value in the
and makes copies of official grade AMS agreed to classify the style
marketing of frozen onions, and
standards available upon request. The ‘‘minced’’ in the category of ‘‘other’’
guidance on the effective use of frozen
United States Standards for Grades of styles.
onions.
Fruits and Vegetables unrelated to 5. AFFI expressed concern that
DATES: Comments must be submitted on Federal Marketing Orders or U.S. Import defects, as defined in the proposed
or before January 23, 2017. Requirements no longer appear in the section on Acceptable Quality Levels
ADDRESSES: Written comments may be Code of Federal Regulations, but are (AQLs) for quality defects, were defined
submitted via the Internet to http:// maintained by USDA, AMS, Specialty by count and not by weight, and that
www.regulations.gov; by email to Crops Program, and are available on the larger units would be allowed a smaller
Brian.Griffin@ams.usda.gov; by mail to Internet at http://www.ams.usda.gov/ number of defects, and that smaller
Brian E. Griffin, Standardization scihome. units would be allowed a large number
Branch, Specialty Crops Inspection AMS is proposing to establish U.S. of defects. AMS agreed, and after
Division, Specialty Crops Program, Standards for Grades of Frozen Onions reevaluation, based the sample size for
Agricultural Marketing Service, U.S. using the procedures in part 36, Title 7 quality defects in whole units by count
Department of Agriculture, 1400 of the Code of Federal Regulations (7 (50 count), and for the styles ‘‘diced,’’
Independence Avenue SW., Room 1536, CFR part 36). ‘‘strips,’’ and ‘‘other’’ by weight (450
South Building; STOP 0247, Background: The American Frozen grams). AFFI agreed with the adjusted
mstockstill on DSK3G9T082PROD with PROPOSALS
Washington, DC 20250; or by fax to Food Institute (AFFI) petitioned AMS to sample sizes and AQLs.
(202) 690–1527. All comments should develop new grade standards for frozen 6. AFFI also expressed concern that
reference the document number, date, onions. AFFI is a national trade the proposed AQLs allowed many more
and page number of this issue of the association representing the interests of defects than current industry practices,
Federal Register. All comments will be U.S. frozen food processors and their and submitted examples of current
posted without change, including any suppliers in all frozen food sectors, buyers specifications to demonstrate
personal information provided. All including processors and packers of this. AMS then modified the AQLs by
comments submitted in response to this frozen onions. AFFI’s more than 500 reducing the number of defects allowed
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![Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Proposed Rules 84507
per hundred units to align it with standards. The AFFI member, a major Other Processed Food Products (7 CFR
current industry practices, based on the processor and distributor of strips and 52.1 to 52.83).
AFFI request. diced styles of frozen onions, agreed AMS is publishing this notice with a
7. AMS did not modify use of 450 with most of the proposal, but provided 60-day comment period that will
gram samples in response to AFFI additional suggestions concerning provide a sufficient amount of time for
questioning why we used 450 grams for whole, strips, diced, and other styles interested persons to comment on the
the individual sample sizes for styles containing crown material defects in its proposed new grade standards for
other than whole instead of 454 grams, comments. The member also suggested frozen onions.
which equals one pound. AMS additional provisions for defects, such Authority: 7 U.S.C. 1621–1627
responded that AQLs are based on as core material, sprouts, seed stems,
increments of 50 units so rounding to Dated: November 18, 2016.
and root material; and, suggested that
the nearest AQL results in using 450 portions of root crown exceeding 3⁄8 Elanor Starmer,
grams per sample unit or approximately inch (10 mm) in diameter be listed in a Administrator, Agricultural Marketing
one pound. AFFI concurred with use of separate category. AMS agreed and Service.
450 gram samples. revised Defect Tables I (whole style) and [FR Doc. 2016–28255 Filed 11–22–16; 8:45 am]
8. In response to a request to revise II (strips, diced, and other styles) of the BILLING CODE 3410–02–P
the definitions of ‘‘good appearance’’ proposed grade standards and
and ‘‘reasonably good appearance’’ definitions to include major and minor
because they were too similar, AMS defects in core material, to include root DEPARTMENT OF AGRICULTURE
added flowability, brightness, and crown, with dimensions listed
overall appearance to the description of Agricultural Marketing Service
accordingly.
‘‘reasonably good appearance,’’ and also AMS sent a discussion draft of the
added the classification and definition 7 CFR Part 966
proposed standards to AFFI members
for ‘‘poor appearance.’’ AFFI agreed to for concurrence. AMS received [Doc. No. AMS–SC–16–0088; SC16–966–1
the new terminology and additional confirmation in November 2015 that PR]
classification. AFFI members agreed with the changes,
9. In response to a comment received, Tomatoes Grown in Florida; Increased
and had no additional comments.
AMS did not include a requirement for Assessment Rate
heat treatment but added that option in Conclusions
AGENCY: Agricultural Marketing Service,
the product description, by means of These proposed standards would USDA.
blanching. The revised statement is: establish the grade levels ‘‘A,’’ ‘‘B,’’ and ACTION: Proposed rule.
‘‘have been properly prepared, washed, ‘‘Substandard,’’ as well as proposed
blanched or unblanched, and then AQL tolerances and acceptance SUMMARY: This proposed rule would
frozen in accordance with good numbers for each quality factor as implement a recommendation from the
commercial practice and maintained at defined for each grade level. Florida Tomato Committee (Committee)
temperatures necessary to preserve the AMS used the standard format for to increase the assessment rate
product.’’ AFFI concurred with the U.S. standards for grades using established for the 2016–17 and
revised product description. ‘‘individual attributes.’’ Specifically, the subsequent fiscal periods from $0.03 to
10. In response to AFFI comments, $0.035 per 25-pound carton of tomatoes
proposed grade standards would
AMS agreed to limit the product handled under the marketing order
provide for tolerance limits for defects;
description to ‘‘individually quick (order). The Committee locally
acceptance numbers of allowable
frozen’’ onions. administers the order and is comprised
11. In accordance with AMS’ policy defects with single letter grade
designation based on a specified of producers of tomatoes operating
requiring commodities covered by U.S. within the area of production.
grade standards to comply with all number or weight of sample units; a
product description for frozen onions; Assessments upon Florida tomato
federal, state, and local laws, AMS did handlers are used by the Committee to
not include microbiological and, style designations for ‘‘whole,’’
‘‘strips,’’ ‘‘diced,’’ and ‘‘other’’ styles. fund reasonable and necessary expenses
requirements, storage temperatures, of the program. The fiscal period begins
shelf life requirements, and limits for The proposal also would define quality
factors, AQLs, and tolerances for defects August 1 and ends July 31. The
chemical and pesticide residues to the assessment rate would remain in effect
proposed frozen onion grade standards. in frozen onions, and determine sample
unit sizes for this commodity. The grade indefinitely unless modified,
Such requirements are not typically suspended, or terminated.
included in the voluntary U.S. grade of a sample unit of frozen onions would
be ascertained considering the factors of DATES: Comments must be received by
standards. AFFI concurred.
12. In response to a request from AFFI varietal characteristics, color, flavor and December 8, 2016.
members, AMS changed the proposed odor, appearance, absence of grit or dirt, ADDRESSES: Interested persons are
size descriptions for ‘‘whole’’ styles as defects, and character. invited to submit written comments
follows: These voluntary grade standards concerning this proposed rule.
Type I from 3⁄4 inch (19mm) to 17⁄8 would provide a common language for Comments must be sent to the Docket
inch (48mm) changed to 7⁄8 inch (22mm) trade, a means of measuring value in Clerk, Marketing Order and Agreement
to 17⁄8 inch (48mm). marketing, and guidance in the effective Division, Specialty Crops Program,
mstockstill on DSK3G9T082PROD with PROPOSALS
Type II (Pearl) from 1⁄4 inch (6mm) to use of frozen onions. AMS, USDA, 1400 Independence
7⁄8 inch (22mm) changed to 3⁄8 inch The official grade of a lot of frozen Avenue SW., STOP 0237, Washington,
(10mm) to 7⁄8 inch (22mm). onions covered by these standards DC 20250–0237; Fax: (202) 720–8938; or
13. In reponse to an AFFI member’s would be determined by the procedures Internet: http://www.regulations.gov.
comment to the AMS’ Federal Register set forth in the Regulations Governing Comments should reference the
notice published on June 1, 2011 (76 FR Inspection and Certification of document number and the date and
31575), AMS revised the Defect Tables Processed Fruits and Vegetables, page number of this issue of the Federal
and Definitions of the proposed Processed Products Thereof, and Certain Register and will be available for public
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Document Created: 2016-11-23 05:30:34
Document Modified: 2016-11-23 05:30:34
| 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 | Proposed Rules | |
| Action | Notice and request for comments. | |
| Dates | Comments must be submitted on or before January 23, 2017. | |
| Contact | Brian E. Griffin, Agricultural Marketing Specialist, Specialty Crops Inspection Division, Specialty Crops Program, Agricultural Marketing Service, U.S. Department of Agriculture, 1400 Independence Avenue SW., Room 1536, South Building; STOP 0247, Washington, DC 20250; telephone (202) 720-5021; fax (202) 690-1527; or, email [email protected] Copies of the proposed revised grade standards are published with this notice and can be viewed at http://www.regulations.gov. | |
| FR Citation | 81 FR 84506 |
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