Justia Regulation Tracker

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[Federal Register: April 20, 2009 (Volume 74, Number 74)]
[Notices]               
[Page 17948-17950]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20ap09-30]                         

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DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration

 
United States Standards for Whole Dry Peas and Split Peas

AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA.

ACTION: Notice; request for public comment.

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SUMMARY: The Department of Agriculture's (USDA) Grain Inspection, 
Packers and Stockyards Administration (GIPSA) is soliciting comments on 
the proposed revisions to the United States Standards for Whole Dry 
Peas and Split Peas. The proposal would amend the general definitions, 
``Whole Dry Peas'' and ``Split Peas,'' and the following specific 
definitions: ``Smooth Green Dry Peas,'' ``Smooth Yellow Dry Peas,'' 
``Wrinkled Dry Peas,'' ``Green Split Peas'' and ``Yellow Split Peas.'' 
In addition, GIPSA proposes to modify the classification term and 
associated definitions, ``Winter Dry Peas'' and ``Winter Split Peas.'' 
These proposed changes will help facilitate the marketing of new winter 
pea variety releases and help ensure the purity of class for ``Whole 
Dry Peas'' and ``Split Peas.''

DATES: GIPSA will consider comments received by May 20, 2009.

ADDRESSES: You may submit your written or electronic comments on this 
notice to:
     Mail: Tess Butler, GIPSA, USDA, 1400 Independence Avenue, 
SW., Room 1643-S, Washington, DC 20250-3604.
     E-Mail comments to comments.gipsa@usda.gov.
     Fax: (202) 690-2173
     Internet: Go to http://www.regulations.gov and follow the 
On-

[[Page 17949]]

Line instruction for submitting comments.
    All comments will become a matter of public record and should be 
identified as ``Whole Dry and Split Pea Notice Comments,'' making 
reference to the date and page number of this issue of the Federal 
Register. Comments will be available for public inspection in the above 
office during regular business hours (7 CFR 1.27(b)). Please call the 
GIPSA Management Support Staff at (202) 720-7486 to make an appointment 
to read comments.

FOR FURTHER INFORMATION CONTACT: Beverly A. Whalen at USDA, GIPSA, 
FGIS, Market and Program Analysis Staff, Beacon Facility, STOP 1404, 
P.O. Box 419205, Kansas City, Missouri, 64141; Telephone (816) 823-
4648; Fax Number (816) 823-4644; e-mail Beverly.A.Whalen@usda.gov.

SUPPLEMENTARY INFORMATION: 

Background

    Section 203(c) of the Agricultural Marketing Act of 1946, as 
amended, (AMA) (7 U.S.C. 1622(c)), 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.'' GIPSA is committed to carrying 
out this authority in a manner that facilitates the marketing of 
agricultural commodities.
    GIPSA establishes and maintains a variety of quality and grade 
standards for agricultural commodities that serve as the fundamental 
starting point to define commodity quality in the domestic and global 
marketplace. GIPSA provides official procedures for how inspectors 
determine the various grading factors in supporting handbooks, such as 
the Pea and Lentil Handbook, which is available on the GIPSA Web site 
at http://www.gipsa.usda.gov/GIPSA/
webapp?area=home&subject=lr&topic=hb-pl.
    The AMA standards and supporting procedures are voluntary and used 
widely in private contracts, government procurement and marketing 
communication. Standards developed under the AMA include those for 
rice, whole dry peas, split peas, feed peas, lentils and beans. The 
U.S. standards for whole dry peas, split peas, feed peas, lentils and 
beans no longer appear in the Code of Federal Regulations, but are now 
maintained by USDA--GIPSA. The process for developing or reviewing 
these standards is specified in the AMA regulations (7 CFR 868.102, 
Procedures for establishing and revising grade standards). The U.S. 
Standards for Whole Dry Peas and Split Peas are available from the 
GIPSA Website at http://www.gipsa.usda.gov, or by phone, fax or e-mail 
from the contact listed above.
    GIPSA representatives maintain an ongoing working relationship with 
the USA Dry Pea and Lentil Council (USADPLC), a national organization 
of producers, processors, and exporters of U.S. dry peas, lentils, and 
chickpeas; the US Dry Pea and Lentil Trade Association (USPLTA), a 
national association representing processors, traders, and transporters 
in the pea and lentil industry, as well as handlers and merchandisers 
to ensure the effectiveness of the U.S. Standards for whole dry peas, 
split peas, and lentils in today's marketing environment. According to 
information received by GIPSA from the USADPLC and USPLTA, the release 
of and the market's acceptance of new winter pea varieties necessitate 
several changes in the grading standards for winter dry peas and split 
peas. As a result, GIPSA is proposing changes to the whole dry and 
split pea standards to enable new and future winter pea variety 
releases to be classified and marketed on the basis of cotyledon color 
and desired usage, not on the basis of growth habit. GIPSA also 
proposes to modify classification terms and broaden associated working 
definitions to permit physically and visually similar peas to be 
included in a common class to help ensure purity.

Whole Dry Pea Definition and Classification Changes

    In discussions with pea breeders, producers, processors, and 
merchandisers, GIPSA is proposing changing the way in which different 
types and varieties of domestically grown peas are classified and 
defined. Doing so will improve the effectiveness of the standards so 
they may better facilitate product marketing. The advent of new winter 
dry pea varieties, which have improved seed size consistency and lack 
the distinctive mottling or patterning normally associated with winter 
dry peas, will be able to compete with smooth yellow and green peas for 
a share of the food market instead of being limited to feed and forage 
uses, as has been the case in the past.
    The current whole dry pea classification standards serve as an 
obstacle to marketing new and future winter dry pea varieties as smooth 
yellow or green peas. The wording used to define ``Winter Dry Peas'' 
prohibits new variety releases from being included in the class 
``Smooth Yellow Dry Peas'' or ``Smooth Green Dry Peas.'' Although the 
cotyledon color of the new releases is yellow or green, a 
distinguishing trait for smooth dry peas, it is not an attribute 
considered in the classification of winter dry peas. In the current 
classification, the most important factor considered is the planting 
date, since all ``winter field type'' peas are now classified as 
``Winter Dry Peas.'' While the cotyledon color of the new and future 
varietal releases may meet the general inspection criteria for smooth 
yellow or green peas, the fact that they are planted in the fall 
requires that they receive a winter dry pea classification.
    In the official inspection system, GIPSA has found that the 
practical application of this definition is difficult particularly with 
regard to fall and spring planted peas. In the past, the distinguishing 
feature that most inspectors relied on was the presence or absence of a 
mottled or patterned seed coat, a trait commonly associated with 
traditional winter dry peas. However, new releases have only faint 
mottling to the extent that some refer to it as ``ghost'' mottling 
because it is difficult to see. Furthermore, the faint mottling is not 
uniform within a variety, as some peas are free from any detectible 
mottling. In addition, identification of new releases as winter dry 
peas will likely become more improbable in the not too distant future 
as breeders have indicated that future releases will be void of any 
seed coat mottling or patterning.
    Also of concern has been the release and marketing of a number of 
spring-planted ``miscellaneous pea'' varieties (i.e., maple peas) that 
mimic the visual appearance of the conventionally mottled winter dry 
peas. Because maple peas and traditional winter dry peas have similar 
shape and seed coat color, they are difficult to distinguish.
    In an effort to preserve class purity and permit new and future 
winter dry pea releases to be certified as being smooth yellow or green 
dry peas, GIPSA has reviewed the current marketing standards, 
identified the restrictive language, and rephrased the definitions to 
be more inclusive. Due to the broadening of the class definitions, the 
classification term, ``Mottled Peas,'' has been established for winter 
dry peas to better reflect the type of peas that the class represents.

Split Pea Definition and Classification Changes

    If adopted, the proposed definition and classification changes for 
whole winter dry peas from ``Winter Dry Peas'' to ``Mottled Peas'' 
would affect the

[[Page 17950]]

meaning of the split pea class, ``Winter Split Peas.'' The introduction 
of an amended whole dry pea class, ``Mottled Peas,'' which includes 
both spring and fall planted peas, requires that the current winter 
split pea definition be expanded to be more inclusive, and the 
descriptive classification term be changed to be more representative of 
the whole peas used in the production of this type of split pea. GIPSA 
believes that the classification term, ``Miscellaneous Split Peas,'' 
would be appropriate. Proposed changes in the general definition of 
split peas, as well as the specific classification definitions, are 
also being made to bring them more in line with those being proposed 
for whole dry peas.

Proposed GIPSA Action

    GIPSA is proposing to revise select descriptive classification 
terms and definitions to allow new and future winter dry pea releases 
to be marketed as smooth yellow or green dry peas, and preserve purity 
of class by grouping colored or distinctively mottled peas (i.e., 
traditional winter dry and maple peas), regardless of planting date. 
GIPSA is proposing to revise the definitions for the following classes 
as follows:
    1. ``Whole Dry Peas.'' Threshed seeds of the garden type pea plant 
(Pisum sativum L. and Pisum sativum var. arvense (L.) Poir.) which 
after the removal of dockage, contain 50 percent or more of whole peas 
and not more than 10.0 percent of foreign material.
    2. ``Smooth Yellow Dry Peas.'' Dry peas which have smooth seed 
coats and yellow cotyledons and contain not more than 1.5 percent of 
other classes.
    3. ``Smooth Green Dry Peas.'' Dry peas which have smooth seed coats 
and green cotyledons and contain not more than 1.5 percent of other 
classes.
    4. ``Wrinkled Dry Peas.'' Dry peas which have wrinkled seed coats 
and contain not more than 1.5 percent of other classes.
    5. ``Split Peas.'' Threshed seeds of the garden type pea plant 
(Pisum sativum L. and Pisum sativum var. arvense (L.) Poir.) which have 
50 percent or more of the peas split into halves or smaller pieces and 
contain not more than 10.0 percent of foreign material.
    6. ``Green Split Peas.'' Split peas from smooth green dry pea 
varieties.
    7. ``Yellow Split Peas.'' Split peas from smooth yellow dry pea 
varieties.
    In addition, GIPSA proposes to replace the classification term and 
definition of ``Winter Dry Peas'' and ``Winter Split Peas'' with 
``Mottled Dry Peas'' and ``Miscellaneous Split Peas,'' respectively. 
The proposed changes read as follows:
    1. ``Mottled Dry Peas.'' Dry peas of the Austrian winter pea type 
and other peas which have colored or distinctively mottled seed coats 
which contain not more than 1.5 percent of other classes.
    2. ``Miscellaneous Split Peas.'' Split peas from classes of whole 
peas other than smooth green or smooth yellow dry pea varieties.
    Taking into account the nature of the proposed changes, GIPSA will 
solicit comments for 30 days in order to help facilitate the marketing 
of whole dry peas and split peas.
    All comments received will be considered by GIPSA before final 
action is taken on the proposal.

    Authority:  7 U.S.C. 1621-1627.

Alan R. Christian,
Acting Administrator, Grain Inspection, Packers and Stockyards 
Administration.
[FR Doc. E9-9017 Filed 4-17-09; 8:45 am]

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