[Federal Register: November 21, 2008 (Volume 73, Number 226)] [Rules and Regulations] [Page 70585-70587] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr21no08-1] ======================================================================== 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. ======================================================================== [[Page 70585]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 51 [Docket AMS-FV-2006-0136; FV-06-303-C] United States Standards for Grades of Potatoes AGENCY: Agricultural Marketing Service, USDA. ACTION: Correcting amendments. ----------------------------------------------------------------------- SUMMARY: The Agricultural Marketing Service (AMS) published a final rule in the Federal Register on March 21, 2008 (FR Doc. 08-1058), revising the United States Standards of Grades of Potatoes. As published, the final regulations contain errors in Sec. Sec. 51.1545, 51.1546, 51.1664, and 51.1565 that are misleading and are in need of clarification. This document corrects those errors. DATES: Effective Date: November 21, 2008. FOR FURTHER INFORMATION CONTACT: Vincent J. Fusaro, Standardization Section, Fresh Products Branch, Fruit and Vegetable Programs (202) 720- 2185. SUPPLEMENTARY INFORMATION: This document provides correcting amendments to the U.S. Grade Standards for Grades of Potatoes, found respectively at 7 CFR part 51. List of Subjects in 7 CFR Part 51 Agricultural commodities, Food grades and standards, Fruits, Nuts, Reporting and recordkeeping requirements, Trees, Vegetables. PART 51--[CORRECTED] 0 1. The authority citation for part 51 continues to read as follows: Authority: 7 U.S.C. 1621-1627. 0 3. In Sec. 51.1545, Table 1 is revised to read as follows: Sec. 51.1545 Size. * * * * * Table 1 ---------------------------------------------------------------------------------------------------------------- Minimum diameter \1\ or weight Maximum diameter \1\ or weight Size designation ------------------------------------------------------------------ Inches Ounces Inches Ounces ---------------------------------------------------------------------------------------------------------------- Creamer...................................... \3/4\ (\3\) 1\5/8\ (\3\) Chef......................................... 2\3/4\ 8 4\1/2\ 28 Size A\2\.................................... 1\7/8\ (\3\) (\3\) (\3\) Size B....................................... 1\1/2\ (\3\) 2\1/4\ (\3\) Small........................................ 1\3/4\ (\3\) 2\1/2\ 6 Medium....................................... 2\1/4\ 5 3\1/4\ 10 Large........................................ 3 10 4\1/2\ 28 ---------------------------------------------------------------------------------------------------------------- \1\ Diameter means the greatest dimension at right angles to the longitudinal axis, without regard to the position of the stem end. \2\ In addition to the minimum size specified, a lot of potatoes designated as Size A shall contain at least 40 percent of potatoes which are 2\1/2\ inches in diameter or larger or 6 ounces in weight or larger. \3\ No requirement. * * * * * 0 3. In Sec. 51.1546, paragraph (a) is revised to read as follows: Sec. 51.1546 Tolerances. * * * * * (a) For defects--(1) U.S. No. 1. (i) At Shipping Point. A total of 8 percent for potatoes in any lot which fail to meet the requirements for the grade: Provided, that included in this tolerance not more than the following percentages shall be allowed for the defects listed: (A) 5 percent for external defects; (B) 5 percent for internal defects; (C) Including therein not more than 1 percent for potatoes which are frozen or affected by soft rot or wet breakdown. See Sec. 51.1547. (ii) En route or at Destination. A total of 10 percent for potatoes in any lot which fail to meet the requirements for the grade: Provided, that included in this tolerance not more than the following percentages shall be allowed for the defects listed: (A) 7 percent for external defects; (B) 7 percent for internal defects; (C) Including therein not more than 2 percent for potatoes which are frozen or affected by soft rot or wet breakdown. See Sec. 51.1547. (2) U.S. Commercial. A total of 20 percent for potatoes in any lot which fail to meet the requirements for the grade: Provided, that included in this tolerance not more than the following percentages shall be allowed for the defects listed: (i) 10 percent for potatoes which fail to meet the requirements for U.S. No. 2 grade, including therein not more than: (ii) 6 percent for external defects; (iii) 6 percent for internal defects; or, (iv) Including therein not more than 1 percent for potatoes which are frozen or affected by soft rot or wet breakdown. See Sec. 51.1547. (3) U.S. No. 2. (i) At Shipping Point: A total of 10 percent for potatoes in any lot which fail to meet the requirements for the grade: Provided, that included in this tolerance not more than the following percentages shall be allowed for the defects listed: (A) 6 percent for external defects; [[Page 70586]] (B) 6 percent for internal defects; (C) Including therein not more than 1 percent for potatoes which are frozen or affected by soft rot or wet breakdown. See Sec. 51.1547. (ii) En route or at Destination: A total of 12 percent for potatoes in any lot which fail to meet the requirements for the grade: Provided, that included in this tolerance not more than the following percentages shall be allowed for the defects listed: (A) 8 percent for external defects; (B) 8 percent for internal defects; (C) Including therein not more than 2 percent for potatoes which are frozen or affected by soft rot or wet breakdown. See Sec. 51.1547. * * * * * 0 4. In Sec. 51.1564, Table III, the entries ``Bruises (Not including pressure bruise and sunken discolored areas)''; ``Growth Cracks''; and ``Sprouts'' are revised to read as follows: Sec. 51.1564 External Defects. * * * * * Table III--External Defects * * * * * * * ------------------------------------------------------------------------ Defect Damage Serious ------------------------------------------------------------------------ * * * * * * * Bruises (Not including When removal causes When the removal pressure bruise and sunken a loss of more than causes a loss of discolored areas). 5 percent of the more than 10 total weight of the percent of the potato or when the total weight of the area affected is potato or when the more than 5 percent area affected is of the surface in more than 10 the aggregate percent of the (i.e., \3/4\ inch surface in the on a 6 oz. potato). aggregate (i.e., Correspondingly 1\1/4\ inches on a lesser or greater 2\1/2\ inch or 6 areas in smaller or oz. potato). larger areas. Correspondingly lesser or greater areas in smaller or larger potatoes. * * * * * * * Growth Cracks............... When the growth When the growth crack(s) affects crack(s) affects more than \1/2\ the more than \3/4\ the length of the length of the potato in the potato in the aggregate on round aggregate or when varieties or more the depth is than \1/3\ the greater than that length in the as outlined in aggregate on long Table V. (See Table varieties; or, when V.). the depth is greater than that as outlined in Table V. (See Table V.). * * * * * * * Sprouts..................... When more than 5 When more than 10 percent of the percent of the potatoes in a lot potatoes in a lot have sprouts in have sprouts in clusters or any clusters or any individual sprout individual sprout more than \1/4\ more than \1/2\ inch in length at inch in length at shipping point and shipping point and \1/2\ inch in 1 inch in length at length at destination. destination. * * * * * * * ------------------------------------------------------------------------ * * * * * 0 5. In Sec. 51.1565, the heading of Table I is revised and the entry ``Light Brown Discoloration (Brown Center)'' is revised to read as follows: Sec. 51.1565 [Amended] Table VII--Internal Defects * * * * * * * ------------------------------------------------------------------------ Damage Serious Defects ------------------------------------------- Maximum allowed Maximum allowed ------------------------------------------------------------------------ * * * * * * * Light Brown Discoloration Area affected not to Area affected not to (Brown Center). exceed that of a exceed that of a circle \1/2\ inch circle \3/4\ inch in diameter in a in diameter in a potato 2\1/2\ potato 2\1/2\ inches in diameter inches in diameter or 6 ounces in or 6 ounces in weight.\1\ weight.\1\ * * * * * * ------------------------------------------------------------------------ [[Page 70587]] Authority: 7 U.S.C. 1621-1627. Dated: November 12, 2008. David R. Shipman, Administrator, Agricultural Marketing Service. [FR Doc. E8-27288 Filed 11-20-08; 8:45 am] BILLING CODE 3410-02-P
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