Justia Regulation Tracker

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[Federal Register: June 22, 2009 (Volume 74, Number 118)]
[Notices]               
[Page 29469-29470]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jn09-35]                         

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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: Final notice.

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SUMMARY: The Department of Agriculture's (USDA) Grain Inspection, 
Packers and Stockyards Administration (GIPSA) is revising the US 
Standards for Whole Dry Peas and Split Peas to 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 is modifying the classification term and 
associated definitions, ``Winter Dry Peas'' and ``Winter Split Peas.'' 
These 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: Effective Date: July 15, 2009.

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

[[Page 29470]]

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 Web site 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. USADPLC and 
USPLTA maintain that 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 
revising 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 is also modifying classification terms and broadening associated 
working definitions that permit physically and visually similar peas to 
be included in a common class to help ensure purity.

Comment Review

    GIPSA published a notice in the Federal Register on April 20, 2009 
(74 FR 17948), inviting interested parties to comment on the proposed 
revisions to the U.S. Standards for Whole Dry Peas and Split Peas. 
GIPSA received one comment that supported the proposed changes from a 
company that markets both spring and winter planted types of dry peas.

Final Action

    GIPSA is revising select descriptive classification terms and 
definitions to allow new and future winter dry pea releases to be 
marketed as smooth green or smooth yellow dry peas and preserve purity 
of class by grouping colored or distinctively mottled peas (e.g., 
traditional winter dry and maple peas), regardless of planting date. 
The definitions are revised 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 50.0 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 50.0 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 is replacing the classification terms and 
definitions of ``Winter Dry Peas'' and ``Winter Split Peas'' with 
``Mottled Dry Peas'' and ``Miscellaneous Split Peas,'' respectively. 
The changes are 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.
    These changes will facilitate use of the standards and better 
reflect current marketing practices.
    The changes to the standards are effective July 15, 2009, the 
beginning of the harvest season.

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

J. Dudley Butler,
Administrator, Grain Inspection, Packers and Stockyards Administration.
[FR Doc. E9-14565 Filed 6-19-09; 8:45 am]

BILLING CODE 3410-KD-P