Potatoes; Grade Standards, 55356-55367 [06-7819]
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55356
Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules
transaction is prohibited by law
includes:
(1) The Administration of the Antidumping and Countervailing Duty
Statutes.
(2) The export Trading Company Act
Certification of Review Program.
(3) Trade Adjustment Assistance
Program Certification.
(4) Foreign Trade Zones Act of 1934,
as amended.
(5) Statutory Import Program.
§ 1326.220 What contracts and
subcontracts, in addition to those listed in
2 CFR 180.220, are covered transactions?
In addition to the contracts covered
under 2 CFR 180.220(b) of the OMB
guidance, this part applies to a
subcontract that is awarded by a
participant in a procurement transaction
covered under 2 CFR 180.220(a), if the
amount of the subcontract exceeds or is
expected to exceed $25,000. This
extends the coverage of the Department
of Commerce nonprocurement
suspension and debarment requirements
to one additional tier of contracts under
covered nonprocurement transactions,
as permitted under the OMB guidance at
2 CFR 180.220(c) (see optional lower
tier coverage in the figure in the
Appendix to 2 CFR part 180).
Subparts E–H—[Reserved]
Subpart I—Definitions
§ 1326.970 Nonprocurement transaction
(Department of Commerce supplement to
government-wide definition at 2 CFR
180.970).
For purposes of the Department of
Commerce, nonprocurement transaction
includes the following:
(a) Joint project Agreements under 15
U.S.C. § 1525.
(b) Cooperative research and
development agreements.
(c) Joint statistical agreements.
(d) Patent licenses under 35 U.S.C.
§ 207.
(e) NTIS joint ventures, 15 U.S.C.
§ 3704b.
Subpart J—[Reserved]
Title 15, Commerce and Foreign Trade
Part 26—Department of Commerce
PART 26—[REMOVED]
2. Remove Part 26.
Title 15, Commerce and Foreign Trade
PART 14—DEPARTMENT OF
COMMERCE
3. The authority citation for part 14
continues to read as follows:
Subpart C—Responsibilities of
Participants Regarding Transactions
Authority: 5 U.S.C. 301; OMB Circular A–
110 (64 FR 54926, October 8, 1999).
§ 1326.332 What methods must I use to
pass requirements down to participants at
lower tiers with whom I intend to do
business?
4. Section 14.13 is amended by
removing the citation ‘‘15 CFR Part 26’’
and adding in its place the citation ‘‘2
CFR Part 1326’’.
You as a participant must include a
term or condition in lower-tier
transactions requiring lower-tier
participants to comply with Subpart C
of the OMB guidance in 2 CFR Part 180,
as supplemented by this subpart.
[FR Doc. 06–8022 Filed 9–21–06; 8:45 am]
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§ 1326.437 What method do I use to
communicate to a participant the
requirements described in the OMB
guidance at 2 CFR 180.435?
BILLING CODE 3510–FA–P
DEPARTMENT OF AGRICULTURE
SUPPLEMENTARY INFORMATION:
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7 CFR Part 51
[Docket Number FV–06–303]
Potatoes; Grade Standards
Agricultural Marketing Service,
USDA.
ACTION: Proposed rule.
AGENCY:
To communicate to a participant the
requirements described in 2 CFR
180.435 of the OMB guidance, you must
include a term or condition in the
transaction that requires the
participant’s compliance with subpart C
of 2 CFR part 180, as supplemented by
Subpart C of this part, and requires the
participant to include a similar term or
condition in lower-tier covered
transactions.
Comments must be received by
November 21, 2006.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this proposal. Comments
must be sent to the Standardization
Section, Fresh Products Branch, Fruit
and Vegetable Programs, Agricultural
Marketing Service, U.S. Department of
Agriculture, 1400 Independence Ave.,
SW., Room 1661 South Building, Stop
0240, Washington, DC 20250–0240; Fax
(202) 720–8871, E-mail
FPBDocketclerk@usda.gov. Comments
should make reference to the date and
page number of this issue of the Federal
Register and will be made available for
public inspection in the above office
during regular business hours.
Comments can also be submitted on the
Internet at: https://www.regulations.gov.
The current United States Standards for
Grades of Potatoes, along with the
proposed changes, will be available
either through the address cited above
or by accessing the AMS, Fresh
Products Branch Web site at: https://
www.ams.usda.gov/standards/
stanfrfv.htm.
DATES:
FOR FURTHER INFORMATION CONTACT:
Cheri Emery, at the above address or
call (202) 720–2185; E-mail
Cheri.Emery@usda.gov.
Agricultural Marketing Service
Subpart D—Responsibilities of Federal
Agency Officials Regarding
Transactions
potatoes are subject to import
requirements under the Agricultural
Marketing Agreement Act of 1937. The
changes being proposed are the results
of the detailed work performed by the
Joint U.S./Canadian Potato Council that
was charged with harmonizing the U.S.
and Canadian Potato Grade Standards.
The purpose for this revision is to
update and revise the standards to more
accurately represent today’s marketing
practices.
SUMMARY: This proposed rule would
revise the United States Standards for
Grades of Potatoes. These standards are
issued under the Agricultural Marketing
Act of 1946. The use of these grading
standards is voluntary unless potatoes
are under a marketing order that
provides for certain requirements set
forth in the grade standards or the
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Executive Order 12866 and 12988
The Office of Management and Budget
has waived the review process required
by Executive Order 12866 for this
action. This rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. This action is not
intended to have retroactive effect. This
rule will not preempt any state or local
laws, regulations, or policies, unless
they present an irreconcilable conflict
with this rule. There are no
administrative procedures which must
be exhausted prior to any judicial
challenge to the provisions of the rule.
Regulatory Flexibility Act and
Paperwork Reduction Act
The Joint U.S./Canadian Council,
which was established by the United
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Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules
States Secretary of Agriculture and the
Canadian Minister of Agriculture was
charged with harmonizing the U.S. and
Canadian grade standards. The United
States Standards for Grades of Potatoes
was last revised in 1991. The Council,
which consists of representatives from
the industry and government, meets
annually to discuss issues concerning
cross border marketing and trade of
potatoes. AMS and the Canadian Food
Inspection Agency (CFIA) have been
working with the Council for the past 14
years in the harmonizing of the
standards. To complete the
harmonization process both the
Canadian and U.S. grade standards
require a revision. The revisions being
proposed will benefit all aspects of the
potato industry and make the standards
current with today’s marketing trends
and practices.
Pursuant to the requirements set forth
in the Regulatory Flexibility Act (RFA),
AMS has considered the economic
impact of this action on small entities.
The purpose of the RFA is to fit
regulatory actions to the scale of
businesses subject to such actions in
order that small businesses will not be
unduly or disproportionately burdened.
Accordingly, AMS has prepared this
initial regulatory flexibility analysis.
Interested parties are invited to submit
information on the regulatory and
informational impacts of this action on
small businesses.
This rule will revise the U.S.
Standards for Grades of Potatoes that
were issued under the Agricultural
Marketing Act of 1946. Standards issued
under the 1946 Act are voluntary.
Small agricultural service firms,
which include handlers, have been
defined by the Small Business
Administration (SBA) (13 CFR 121.201)
as those having annual receipts of less
than $6,500,000, and small agricultural
producers are defined as those having
annual receipts of less than $750,000.
Using annual data from the National
Agricultural Statistics Service (NASS),
the average potato crop value for 2002–
2004 is $2.538 billion. Dividing that
figure by 9,408 farms yields an average
potato crop value per farm of just under
$270,000. Since this is well under the
SBA threshold of annual receipts of
$750,000, it can be concluded that the
majority of these producers may be
classified as small entities.
Additional evidence comes from
examining the Agricultural Census
acreage breakdown more closely. Out of
a total of 9,408 potato farms in 2002, 60
percent were under 5 acres and 76
percent were under 100 acres. An
estimate of the number of acres that it
would take to produce a crop valued at
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$750,000 can be made by dividing the
2002–04 average crop value of $2.538
billion by three-year average bearing
acres (1.227 million), yielding an
average potato revenue per acre estimate
of $2,068. Dividing $750,000 by $2,068
shows that farms with at least 363 acres
that received at least the average price
in 2002–04 would have produced crops
valued at $750,000 or more, and would
be therefore be considered large potato
farms under the SBA definition.
Looking at farm numbers for additional
census size categories shows that 8,084
potato farms (86 percent) are under 250
acres and 8,735 (92 percent) are under
500 acres. Since a farm with 363 acres
of potatoes falls into middle of this
range, it can be concluded that the
proportion of small potato farms under
the SBA definition is likely to be
between 86 and 90 percent of all U.S.
potato farms.
This proposed rule would: Develop en
route or at destination tolerances for the
U.S. No. 1 and U.S. No. 2 grades, revise
current tolerances in all grades, delete
the ‘‘Unclassified’’ section, and define
damage and serious damage by the
following defects which will be added
to Table III of the External Defects
section: Cuts, Clipped Ends, Elephant
Hide, Flattened or Depressed Areas/
Pressure Bruises, Grub Damage,
Nematode (Root Knot), Rodent or Bird
Damage, Russeting, Silver Scurf, Sunken
Discolored Areas, and Surface Cracks.
The following defects and scoring
guidelines that are currently listed in
Table III of the External Defects section
would be modified to reflect current
inspection instructions: Air Cracks,
Bruises, External Discoloration, Flea
Beetle Injury, Greening, Growth Cracks,
Rhizoctonia, Pitted Scab, Russet Scab,
Surface Scab, and Wireworm or Grass
Damage. Also, a revision to the current
scoring guide for sprouts is being
proposed. In the Internal Defects
section, Internal Black Spot would be
revised by implementing a color chip to
assist in the scoring of this defect. Also,
Table IV in this section would be
redesignated as Table 1. Additionally, a
revised large size is being proposed as
well as adding Chef and Creamer sizes.
The effects of this rule are not
expected to be disproportionately
greater or smaller for small handlers or
producers than for larger entities.
This proposed action would make the
standard more consistent and uniform
with marketing trends and practices.
This proposed action will not impose
any additional reporting or
recordkeeping requirements on either
small or large potato producers,
handlers, or importers. USDA has not
identified any Federal rules that
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55357
duplicate, overlap, or conflict with this
rule. However, there are marketing
programs which regulate the handling of
potatoes under (7 CFR parts 945–948
and 953). Potatoes under a marketing
order have to meet certain requirements
set forth in the grade standards. In
addition, potatoes are subject to Section
8e import requirements under the
Agricultural Marketing Act of 1937, as
amended (7 U.S.C. 601–674) which
requires imported potatoes to meet
grade, size, and quality under the
applicable marketing order (7 CFR part
980).
Alternatives were considered for this
action. One alternative would be to not
issue a proposed rule. However, the
need for revisions have increased as a
result of changing market
characteristics. The proposal represents
approximately 14 years of research,
surveys, and other input from all sectors
of the potato industry and government.
The purpose of these proposed
standards is to facilitate the marketing
of agricultural commodities.
Background and Proposed Rule
In 1991, the Joint U.S./Canadian
Council was established by the U.S.
Secretary of Agriculture and the
Canadian Minister of Agriculture to
discuss issues concerning cross border
marketing and trade of potatoes. The
Council was charged with working
towards harmonizing the U.S. and
Canadian Potato Grade Standard.
Government representatives from both
countries have been providing technical
assistance and guidance to the Council
with regard to the interpretation of the
standards and scoring guides of defects.
The Council formed a Grade
Harmonization Committee (Committee)
to work on the harmonization of the two
standards. The harmonization process
was divided into several phases. The
Committee began by focusing its
attention on defects that could be
harmonized with adjustments that
would not involve a revision of the
standards. These defects include those
for which the scoring guides were
defined in inspection instruction
handbooks or ones for which the scoring
guides are listed in the standards as
scorable when ‘‘materially or seriously
affecting the appearance.’’ The defining
of ‘‘materially or seriously affecting the
appearance’’ for certain defects will also
provide for more uniformity with regard
to how the U.S. standards are applied
nationwide. The final phase of the
harmonization process requires a
revision to the United States Standards
for Grades of Potatoes.
This proposed rule would: Develop en
route or at destination tolerances for the
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Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules
U.S. No. 1 and U.S. No. 2 grades, revise
current tolerances in all grades, delete
the ‘‘Unclassified’’ section, and define
damage and serious damage by the
following defects which will be added
to Table III of the External Defects
section: Cuts, Clipped Ends, Elephant
Hide, Flattened or Depressed Areas/
Pressure Bruises, Grub Damage,
Nematode (Root Knot), Rodent or Bird
Damage, Russeting, Silver Scurf, Sunken
Discolored Areas, and Surface Cracks.
Also, the following defects and scoring
guidelines that are currently listed in
Table III of the External Defects section
would be updated to better reflect
current inspection instructions: Air
Cracks, Bruises, External Discoloration,
Flea Beetle Injury, Greening, Growth
Cracks, Rhizoctonia, Pitted Scab, Russet
Scab, Surface Scab, and Wireworm or
Grass Damage. Also, a revision to the
current scoring guide for sprouts is
being proposed. In the Internal Defects
section, Internal Black Spot would be
revised by implementing a color chip to
assist in the scoring of this defect. Also,
Table IV in this section would be
redesignated as Table 1. Additionally, a
revised large size is being proposed as
well as adding Chef and Creamer sizes.
In an effort to clearly outline these
proposed changes, the first column of
the following chart shows the section as
it currently reads, the second column
shows the proposed change and the
third column states why the change is
being proposed:
Current standard
Proposed standard
Discussion
§ 51.1540 U.S. Extra No. 1 ................................
‘‘U.S. Extra No. 1’’ consists of potatoes
which meet the following requirements:
(a) Similar varietal characteristics;
(b) Firm;
(c) Clean;
(d) At least fairly well matured;
(e) Fairly well shaped, with 50 percent or
more well shaped;
(f) Free from;
(1) Freezing;
(2) Blackheart;
(3) Late blight, southern bacterial wilt and
ring rot; and,
(4) Soft rot and wet breakdown.
(g) Free from injury caused by:
(1) Sprouts; and,
(2) Internal defects.
(h) Free from damage by any other cause.
See §§ 51.1564 and 51.1565.
(i) Size. The potatoes shall be not less
than 21⁄4 inches in diameter or 5 ounces
in weight and shall not vary more than
11⁄4 inches in diameter or more than 6
ounces in weight.
(j) For tolerances see § 51.1546.
§ 51.1544 Unclassified .......................................
‘‘Unclassified’’ consists of potatoes which
have not been classified in accordance
with any of the foregoing grades. The
term ‘‘unclassified’’ is not a grade within
the meaning of these standards but is
provided as a designation to show that
no grade has been applied to the lot.
§ 51.1545 Size ....................................................
(See Current Table I)
§ 51.1540 (Reserved) .......................................
A deletion to the U.S. Extra No. 1 grade and
all reference to the U.S. Extra No. 1 grade
is being proposed as this grade is no longer
utilized by the industry.
§ 51.1544 (Reserved) .......................................
When changing or updating standards in recent years, references to ‘‘Unclassified’’
have been removed in an attempt to eliminate the confusion this term creates. People have incorrectly assumed that ‘‘Unclassified’’ is an actual grade name. To avoid
further confusion it is proposed that all references to this term be eliminated.
It is being proposed that a Chef and Creamer
size be added to reflect current marketing
practices. Also, being proposed is the maximum diameter or weight for the Large size
to be 41⁄2 inches or 28 ounces based on a
request by the Committee.
(Revising, See Proposed Table I) ...................
CURRENT TABLE I
Minimum
diameter 1 or
weight
Size designation
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Size A 2 ......................................................................................................................
Size B ........................................................................................................................
Small ..........................................................................................................................
Medium ......................................................................................................................
Large ..........................................................................................................................
Maximum
diameter 1 or
weight
Ounces
17⁄8
11⁄2
13⁄4
21⁄4
3
(3)
(3)
(3)
5
10
1 Diameter
Inches
(3)
21⁄4
21⁄2
3 1 ⁄4
41⁄4
Ounces
(3)
(3)
6
10
16
means the greatest dimension at right angles to the longitudinal axis, without regard to the position of the stem end.
addition to the minimum size specified, a lot of potatoes designated as Size A shall contain at least 40 percent of potatoes which are 21⁄2
inches in diameter or larger or 6 ounces in weight or larger.
2 In
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Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules
3 No
requirement.
PROPOSED TABLE I
Maximum
diameter 1 or
weight
Minimum
diameter 1 or
weight
Size designation
Inches
Creamer .....................................................................................................................
Chef ...........................................................................................................................
Size A 2 ......................................................................................................................
Size B ........................................................................................................................
Small ..........................................................................................................................
Medium ......................................................................................................................
Large ..........................................................................................................................
Ounces
(3)
8
(3)
(3)
(3)
5
10
3⁄4
23⁄4
17⁄8
11⁄2
13⁄4
21⁄4
3
Inches
1 5 ⁄8
41⁄2
(3)
21⁄4
21⁄2
3 1 ⁄4
41⁄2
Ounces
(3)
28
(3)
(3)
6
10
28
1 Diameter
means the greatest dimension at right angles to the longitudinal axis, without regard to the position of the stem end.
addition to the minimum size specified, a lot of potatoes designated as Size A shall contain at least 40 percent of potatoes which are 21⁄2
inches in diameter or larger or 6 ounces in weight or larger.
3 No requirement.
2 In
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Current standard
Proposed standard
Discussion
§ 51.1546 Tolerances .......................................
To allow for variations incident to proper grading and handling in each of the foregoing
grades, the following tolerances by weight or
equivalent basis, are provided as specified.
(a) For defects—(1) U.S. Extra No. 1. A total of
5 percent for potatoes in any lot which fail to
meet the requirements for the grade: Provided, That not more than two-fifths of this
tolerance, or 2 percent, shall be allowed for
potatoes which are affected by freezing,
southern bacterial wilt, ring rot, late blight,
soft rot or wet breakdown, including therein
not more than one-half of 1 percent for potatoes which are frozen or affected by soft rot
or wet breakdown. See § 51.1547.
(2) U.S. No. 1. 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:.
(i) 5 percent for external defects;
(ii) 5 percent for internal defects; or,
(iii) 3 percent for potatoes which are affected by freezing, southern bacterial
wilt, ring rot, late blight, soft rot or wet
breakdown, including therein not more
than 1 percent for potatoes which are
frozen or affected by soft rot or wet
breakdown. See § 51.1547
(3) 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 ito
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) 3 percent for potatoes which are affected by freezing, southern bacterial
wilt, ring rot, late blight, soft rot or wet
breakdown, including therein not more
than 1 percent for potatoes which are
frozen or affected by soft rot or wet
breakdown. See § 51.1547
§ 51.1546 Tolerances ....................................
To allow for variations incident to proper grading and handling in each of the foregoing
grades, the following tolerances by weight
or equivalent basis, are provided as specified.
(a) For defects—(1) U.S. No. 1.
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:
(i) 5 percent for external defects;
(ii) 5 percent for internal defects;
(iii) including therein not more than 1 percent for potatoes which are frozen or
affected by soft rot or wet breakdown
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:
(i) 7 percent for external defects;
(ii) 7 percent for internal defects;
(iii) Including therein not more than 2 percent for potatoes which are frozen or
affected by soft rot or wet breakdown.
See § 51.1547
Due to the deletion of the U.S. Extra No. 1
grade, paragraph (2) will be redesignated
as paragraph (1). Based on the harmonizing of the U.S. and Canadian standard it
is being proposed that the 3 percent restrictive tolerance for freezing, southern bacterial wilt, ring rot, late blight, soft rot or wet
breakdown be deleted. Also, the proposed
establishment of an ‘‘En Route or At Destination’’ tolerance to the U.S. No. 1 grade
will be consistent with similar standards.
(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 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 § 51.1547
Due to the redesignating of paragraph (2),
paragraph (3) will be redesignated as paragraph (2). Based on the harmonizing of the
U.S. and Canadian standards it is being
proposed that the 3 percent restrictive tolerance for freezing, southern bacterial wilt,
ring rot, late blight, soft rot or wet breakdown be deleted.
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Current standard
Proposed standard
Discussion
(4) U.S. No. 2. 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:
(i) 6 percent for external defects;
(ii) 6 percent for internal defects; or,
(iii) 3 percent for potatoes which are affected by freezing, southern bacterial
wilt, ring rot, late blight, soft rot or wet
breakdown, including therein not more
than 1 percent for potatoes which are
frozen or affected by soft rot or wet
breakdown. See § 51.1547
(3) U.S. No. 2 ...................................................
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:
(i) 6 percent for external defects;
(ii) 6 percent for internal defects;
(iii) Including therein not more than 1 percent which are frozen or affected by
soft rot or wet breakdown
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:
(i) 8 percent for external defects;
(ii) 8 percent for internal defects;
(iii) Including therein not more than 2 percent for potatoes which are frozen or
affected by soft rot or wet breakdown
Damage: When removal causes a loss of
more than 5 percent of the total weight of
the potato or when the air crack(s) affects
more than 1⁄3 the length or diameter of the
potato (whichever is greater) in the aggregate.
Serious Damage: When removal causes a
loss of more than 10 percent of the total
weight of the potato or when the air
crack(s) affects more than 3⁄4 the length or
diameter of the potato (whichever is greater) in the aggregate.
BRUISES (not including pressure bruises and
sunken discolored areas).
Damage: When materially detracting from appearance of potato or when removal causes
loss of more than 5 percent of the total
weight of the potato or when the area affected is more than 5 percent of the surface
in the aggregate (i.e. 3⁄4 inch on a 21⁄2 inch
or 6 oz. potato). Correspondingly lesser or
greater areas in smaller or larger potatoes.
Serious Damage: When seriously detracting
from appearance of potato or when removal
causes a loss of more than 10 percent of
the total weight of the potato or when the
area affected is more than 10 percent of
the surface in the aggregate (i.e. 11⁄4 inches
on a 21⁄2 inch or 6 oz. potato). Correspondingly lesser or greater areas in smaller or
larger potatoes.
CUTS
Damage: When one smooth cut affects more
than 5 percent of the surface area.
Serious Damage: Cut(s) that affect more than
10 percent of the surface area in the aggregate or when a single side cut extends beyond 1⁄2 the length of the potato.
ELEPHANT HIDE
Damage: When affecting over 10 percent of
the surface area of the potato.
Serious Damage: When affecting over 25 percent of the surface area.
Due to the redesignating of paragraph (3),
paragraph (4) will be redesignated as paragraph (3). Based on the harmonizing of the
U.S. and Canadian standards it is being
proposed that the 3 percent restrictive tolerance for freezing, southern bacterial wilt,
ring rot, late blight, soft rot or wet breakdown be deleted. Also, the proposed establishment of an ‘‘En Route or At Destination’’
tolerance to the U.S. No. 2 grade will be
consistent with similar standards.
§ 51.1564 External Defects ..............................
AIR CRACKS
Damage: When materially detracting from appearance of potato.
Serious Damage: When seriously detracting
from appearance of potato.
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BRUISES ............................................................
Damage: When materially detracting from appearance of potato. Or, when removal
causes loss of more than 5 percent of total
weight of potato.
Serious Damage: When seriously detracting
from appearance of potato. Or, when removal
causes loss of more than 10 percent of total
weight of potato.
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Adding specific scoring criteria, as currently
defined in the inspection instructions, for
materially and seriously detracting would
provide an objective means of evaluating
this defect.
Revising the scoring criteria, as currently defined in the inspection instructions, would
provide an objective means of evaluating
this defect.
Currently there is no specific scoring criteria
for this defect in the standards. Adding this
to the standard, as defined in the inspection
instructions, would provide an objective
means of evaluating this defect.
Currently there is no specific scoring criteria
for this defect in the standards. Adding this
to the standard, as defined in the inspection
instructions, would provide an objective
means of evaluating this defect.
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Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules
55361
Current standard
Proposed standard
Discussion
EXTERNAL DISCOLORATION ..........................
Damage: When materially detracting from appearance of potato.
Serious Damage: When seriously detracting
from appearance of potato.
Areas that are light tan or lighter in color and
blends should be ignored.
Damage: When more than 30 percent of the
surface is affected by light tan or light
brown colors which do not blend or when
more than 15 percent of the surface is affected by colors darker than light tan or
light brown.
Serious Damage: When more than 60 percent
of the surface is affected by light tan or light
brown colors which do not blend or when
more than 30 percent of the surface is affected by colors darker than light tan or
light brown.
FLATTENED OR DEPRESSED AREAS/
PRESSURE BRUISES
Damage: When removal of underlying discolored flesh causes a loss of more than 5
percent of the total weight of the potato or
when the flattened or depressed area(s)
covers more surface area than allowed in
Table IV. (See Table IV.)
Serious Damage: When removal of underlying
discolored flesh causes a loss of more than
10 percent of the weight of the potato or
when the flattened depressed area(s) covers more surface area than allowed in the
Table IV. (See Table IV.)
Adding specific scoring criteria, as currently
defined in the inspection instructions, for
‘‘materially’’ and ‘‘seriously detracting’’
would provide an objective means of evaluating this defect.
FLEA BEATLE INJURY
Damage: When materially detracting from appearance of potato. Or, when removal
causes loss of more than 5 percent of total
weight of potato.
Serious Damage: When seriously detracting
from appearance of potato. Or, when removal
causes loss of more than 10 percent of total
weight of potato.
GREENING
Damage: When materially detracting from appearance of potato. Or, when removal
causes loss of more than 5 percent of total
weight of potato.
Serious Damage: When seriously detracting
from appearance of potato. Or, when removal
causes loss of more than 10 percent of total
weight of potato.
jlentini on PROD1PC65 with PROPOSAL
GROWTH CRACKS
Damage: When materially detracting from appearance of potato.
Serious Damage: When seriously detracting
from appearance of potato.
VerDate Aug<31>2005
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Currently there is no specific scoring criteria
for this defect in the standards. Adding this
to the standard, as defined in the inspection
instructions, would provide an objective
means of evaluating this defect.
Damage: When removal causes a loss of
more than 5 percent of the total weight of
the potato or when the area affected is
more than 5 percent of the surface in the
aggregate.
Serious Damage: When removal causes a
loss of more than 10 percent of the weight
of the potato or when the area affected is
more than 10 percent of the surface in the
aggregate.
Adding specific scoring criteria, as currently
defined in the inspection instructions, for
‘‘materially’’ and ‘‘seriously detracting’’
would provide an objective means of evaluating this defect.
Damage: When removal causes a loss of
more than 5 percent of the total weight of
the potato or when green color affects more
than 25 percent of the surface in the aggregate.
Serious Damage: When removal causes a
loss of more than 10 percent of the weight
of the potato or when the green color affects more than 50 percent of the surface in
the aggregate.
Adding specific scoring criteria, as currently
defined in the inspection instructions, for
‘‘materially’’ and ‘‘seriously detracting’’
would provide an objective means of evaluating this defect.
Damage: When the growth crack(s) affects
more than 1⁄2 the length of the potato in the
aggregate on round varieties or more than
1⁄3 the length in the aggregate on long varieties or when the depth is greater than that
as outlined in Table V. (See Table V.)
Serious Damage: When the growth crack(s)
affects more than 3⁄4 the length of the potato in the aggregate or when the depth is
greater than that as outlined in Table V.
(See Table V.)
GRUB DAMAGE.
Adding specific scoring criteria, as currently
defined in the inspection instructions, for
‘‘materially’’ and ‘‘seriously detracting’’
would provide an objective means of evaluating this defect.
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Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules
Current standard
Proposed standard
Damage: When removal causes a loss of
more than 5 percent of the total weight of
the potato or when affecting more than 5
percent of the surface area (i.e. more than
3⁄4 inch on a 21⁄2 inch or 6 ounce potato).
Correspondingly lesser or greater areas in
smaller or larger potatoes.
Serious Damage: When removal causes a
loss of more than 10 percent of the total
weight of the potato or when affecting more
than 10 percent of the surface area (i.e.
more than 3⁄4 inch on a 21⁄2 inch or 6 ounce
potato). Correspondingly lesser or greater
areas in smaller or larger potatoes.
NEMATODE (ROOT KNOT)
Damage: When removal causes a loss of
more than 5 percent of the total weight of
the potato.
Serious Damage: When removal causes a
loss of more than 10 percent of the total
weight of the potato.
RHIZOCTONIA (BLACK SCURF)
Damage: When materially detracting from appearance of potato.
Serious Damage: When seriously detracting
from appearance of potato.
Discussion
Currently there is no specific scoring criteria
for this defect in the standards. Adding this
to the standard, as defined in the inspection
instructions, would provide an objective
means of evaluating this defect.
Damage: When affecting more than 15 percent of the surface in the aggregate.
Serious Damage: When affecting more than
50 percent of the surface in the aggregate.
Adding specific scoring criteria, as currently
defined in the inspection instructions, for
‘‘materially’’ and ‘‘seriously detracting’’
would provide an objective means of evaluating this defect.
RODENT AND BIRD DAMAGE
Damage: When removal causes a loss of
more than 5 percent of the total weight of
the potato or when affecting more than 5
percent of the surface area (i.e. more than
3⁄4 inch on a 21⁄2 inch or 6 ounce potato).
Correspondingly lesser or greater areas in
smaller or larger potatoes.
Serious Damage: When removal causes a
loss of more than 10 percent of the total
weight of the potato or when affecting more
than 10 percent of the surface area (i.e.
more than 3⁄4 inch on a 21⁄2 inch or 6 ounce
potato). Correspondingly lesser or greater
areas in smaller or larger potatoes.
RUSSETING (On Non Russet Type).
Damage: When more than 50 percent of the
surface is affected in the aggregate.
Serious Damage: N/A
jlentini on PROD1PC65 with PROPOSAL
SCAB, PITTED
Damage: When materially detracting from appearance of potato. Or, when removal
causes loss of more than 5 percent of total
weight of potato.
Serious Damage: When seriously detracting
from appearance of potato. Or, when removal
causes loss of more than 10 percent of total
weight of potato.
SCAB, RUSSET
Damage: When materially detracting from appearance of potato.
Serious Damage: When seriously detracting
from appearance of potato.
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Currently there is no specific scoring criteria
for this defect in the standards. Adding this
to the standard, as defined in the inspection
instructions, would provide an objective
means of evaluating this defect.
Currently there is no specific scoring criteria
for this defect in the standards. Adding this
to the standard, as defined in the inspection
instructions, would provide an objective
means of evaluating this defect.
Currently there is no specific scoring criteria
for this defect in the standards. Adding this
to the standard, as defined in the inspection
instruction, would provide an objective
means of evaluating this defect.
Damage: When removal causes a loss of
more than 5 percent of the total weight of
the potato or when scab affects an aggregate area of more than 1⁄2 inch (based on a
potato 21⁄2 inches in diameter or 6 oz. in
weight). Correspondingly lesser or greater
areas in smaller or larger potatoes.
Serious Damage: When the removal causes a
loss of more than 10 percent of the total
weight of the potato or when scab affects
an aggregate area of more than 1 inch
(based on a potato 21⁄2 inches in diameter
or 6 oz. in weight). Correspondingly lesser
or greater areas in smaller or larger potatoes.
Adding specific scoring criteria, as currently
defined in the inspection instructions, for
‘‘materially’’ and ‘‘seriously detracting’’
would provide an objective means of evaluating this defect.
Damage: When smooth russeting affects
more than 1⁄3 of the surface or when rough
russet scab affects more than 10 percent of
the surface in the aggregate.
Serious Damage: When rough russeting affects more than 25 percent of the surface in
the aggregate.
Adding specific scoring criteria, as currently
defined in the inspection instruction, for
‘‘materially’’ and ‘‘seriously detracting’’
would provide an objective means of evaluating this defect.
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Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules
Current standard
Proposed standard
SCAB, SURFACE
Damage: When more than 5 percent of surface
affected.
Serious Damage: When more than 25 percent
of surface affected.
SPROUTS
Damage: When more than 10 percent of the
potatoes in any lot have any sprout more
than 3⁄4 inch in length or have individual
sprouts or cluster of sprouts which materially
detract from the appearance of the potato.
Discussion
Damage: When more than 5 percent of the
surface in the aggregate is affected.
Serious Damage: When more than 25 percent
of the surface in the aggregate is affected.
SILVER SCURF
Damage: When affecting more than 50 percent of the surface area of the potato.
Serious Damage: When its severity causes a
wrinkling of the skin over more than 50 percent of the surface.
Adding aggregate to the scoring guide will
clarify the guide.
Damage: Not more than 5 percent of the potatoes in a lot may have individual or clusters of sprouts not more than 1⁄4 inch at
shipping point and 1⁄2 inch at destination.
Serious Damage: Not more than 10 percent
of the potatoes in a lot may have individual
or clusters of sprouts not more than 1⁄2 inch
at shipping point and 1 inch at destination.
SUNKEN DISCOLORED AREAS
SEE TABLE VI.
SURFACE CRACKS Areas affected by fine
net-like cracking should be ignored.
Damage: When smooth shallow cracking affects more than 1⁄3 of the surface or when
rough deep cracking affects more than 5
percent of the surface.
Serious Damage: When rough deep cracking
affects more than 10 percent of the surface.
WIREWORM OR GRASS DAMAGE
Damage: When any hole in a potato 21⁄2 inches
in diameter or 6 ounces in weight is more
than 3⁄4 inch long, or when the aggregate
length of all holes is more than 11⁄4 inches,
or correspondingly shorter or longer holes in
smaller or larger potatoes.
Serious Damage: When any hole in a potato
21⁄2 inches in diameter or 6 ounces in weight
is more than 11⁄2 inches long, or when the
aggregate length of all holes is more than 2
inches, or correspondingly shorter or longer
holes in smaller or larger potatoes.
INTERNAL BLACK SPOT
Damage: Maximum Allowed 5 percent waste ....
Serious Damage: Maximum Allowed 10 percent
waste.
jlentini on PROD1PC65 with PROPOSAL
List of Subjects in 7 CFR Part 51
19:43 Sep 21, 2006
Jkt 208001
Currently there is no specific scoring criteria
for this defect in the standards. Adding this
to the standard, as defined in the inspection
instructions, would provide an objective
means of evaluating this defect.
Based on the request of the committee it is
being proposed that the scoring guide be
revised.
Currently there is no specific scoring criteria
for this defect in the standards. Adding this
to the standard, as defined in the inspection
instructions, would provide an objective
means of evaluating this defect.
Currently there is no specific scoring criteria
for this defect in the standards. Adding this
to the standard, as defined in the inspection
instructions, would provide an objective
means of evaluating this defect.
Damage: When affecting the flesh of the potato and removal causes a loss of more
than 5 percent of the total weight of the potato.
Serious Damage: When affecting the flesh of
the potato and removal causes a loss of
more than 10 percent of the total weight of
the potato.
Based on the request of the committee it is
being proposed that the scoring guide be
revised.
Damage: When the spot(s) are darker than
the official color chip (POT–CC–2) after removing 5 percent of the total weight of the
potato.
Serious Damage: When the spot(s) are darker
than the official color chip (POT–CC–2)
after removing 10 percent of the total
weight of the potato.
AMS is proposing to implement color chip
POT–CC–2 into the scoring criteria for internal black spot. AMS developed this color
chip at the request of the industry to assist
in the scoring of this defect. POT–CC–2 is
available for review at the Fresh Products
Branch, Fruit and Vegetable Programs,
AMS, South Building, Washington, DC or
any of the Fresh Product Branch Field offices.
§ 51.1544
PART 51—[AMENDED]
Agricultural commodities, Food
grades and standards, Fruits, Nuts,
Reporting and recordkeeping
requirements, Trees, Vegetables.
For reasons set forth in the preamble,
7 CFR part 51 is proposed to be
amended as follows:
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55363
1. The authority citation for part 51
continues to read as follows:
[Removed and reserved]
2. Remove and reserve § 51.1540.
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§ 51.1545
[Amended]
4. In § 51.1545, Table I is revised to
read as follows:
Authority: 7 U.S.C. 1621–1627.
§ 51.1540
[Removed and reserved]
3. Remove and reserve § 51.1544 .
§ 51.1545
Size.
*
*
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*
*
55364
Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules
TABLE I
Minimum diameter 1 or
weight
Size designation
Inches
Creamer ...........................................................................................................................
Chef .................................................................................................................................
Size A2 .............................................................................................................................
Size B ..............................................................................................................................
Small ................................................................................................................................
Medium ............................................................................................................................
Large ................................................................................................................................
Maximum diameter 1 or
weight
Ounces
Inches
( 3)
8
( 3)
( 3)
( 3)
5
10
3⁄4
23⁄4
17⁄8
11⁄2
13⁄4
21⁄4
3
1 5 ⁄8
41⁄2
( 3)
21⁄4
21⁄2
3 1 ⁄4
41⁄2
Ounces
( 3)
28
(3 )
( 3)
6
10
28
1 Diameter
means the greatest dimension at right angles to the longitudinal axis, without regard to the position of the stem end.
addition to the minimum size specified, a lot of potatoes designated as Size A shall contain at least 40 percent of potatoes which are 21⁄2
inches in diameter or larger or 6 ounces in weight or larger.
3 No requirement.
2 In
*
*
§ 51.1546
*
*
*
[Amended]
5. In § 51.1546, paragraph (a) is
revised to read as follows:
§ 51.1546
Tolerances.
*
*
*
*
*
(a) For defects—(1) U.S. No. 1 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:
(i) 5 percent for external defects;
(ii) 5 percent for internal defects;
(iii) Including therein not more than
1 percent for potatoes which are frozen
or affected by soft rot or wet breakdown.
(2) 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:
(i) 7 percent for external defects;
(ii) 7 percent for internal defects;
(iii) Including therein not more than
2 percent for potatoes which are frozen
or affected by soft rot or wet breakdown.
See § 51.1547.
(3) 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 § 51.1547.
(4) U.S. No. 2 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:
(i) 6 percent for external defects;
(ii) 6 percent for internal defects;
(iii) Including therein not more than
1 percent for potatoes which are frozen
or affected by soft rot or wet breakdown.
(5) 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:
(i) 8 percent for external defects;
(ii) 8 percent for internal defects;
(iii) Including therein not more than
2 percent for potatoes which are frozen
or affected by soft rot or wet breakdown.
See § 51.1547.
*
*
*
*
*
§ 51.1564
[Amended]
6. In § 51.1564, Table III is revised
and a new Table IV, Table V, and Table
VI are added to read as follows:
§ 51.1564
External defects.
*
*
*
*
*
TABLE III.—EXTERNAL DEFECTS
Defect
Damage
Serious damage
Air Cracks ............................
When removal causes a loss of more than 5 percent of
the total weight of the potato or when the air crack(s)
affects more than 1⁄3 the length or diameter of the
potato (whichever is greater) in the aggregate.
When unsightly or when concealing any defect causing
damage or when penetrating the flesh and removal
causes loss of more than 5 percent of total weight of
potato.
When materially detracting from appearance of potato
or when removal causes a loss of more than 5 percent of the total weight of the potato or when the
area affected is more than 5 percent of the surface in
the aggregate (i.e. 3⁄4 inch on a 21⁄2 inch or 6 oz. potato). Correspondingly lesser or greater areas in
smaller or larger potatoes.
When one smooth cut affects more than 5 percent of
the surface area.
When removal causes a loss of more than 10 percent
of the total weight of the potato or when the air
crack(s) affects more than 3⁄4 the length or diameter
of the potato (whichever is greater) in the aggregate.
When concealing a serious defect or when penetrating
into the flesh and removal causes loss of more than
10 percent of total weight of potato.
Artificial Coloring ..................
jlentini on PROD1PC65 with PROPOSAL
Bruises (Not including pressure bruise and sunken
discolored areas).
Cuts ......................................
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When seriously detracting from appearance of potato or
when removal causes a loss of more than 10 percent
of the total weight of the potato or when the area affected is more than 10 percent of the surface in the
aggregate (i.e. 11⁄4 inches on a 21⁄2 inch or 6 oz. potato). Correspondingly lesser or greater areas in
smaller or larger potatoes.
Cut(s) that affect more than 10 percent of the surface
area in the aggregate or when a single side cut extends beyond 1⁄2 the length of the potato.
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Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules
55365
TABLE III.—EXTERNAL DEFECTS—Continued
Defect
Damage
Serious damage
Dirt ........................................
When materially detracting from the appearance of the
potato.
When affecting over 10 percent of the surface area of
the potato.
When materially detracting from the appearance of the
potato.
When more than 30 percent of the surface is affected
by light tan or light brown colors which do not blend
or when more than 15 percent of the surface is affected by colors darker than light tan or light brown.
When removal of underlying discolored flesh causes a
loss of more than 5 percent of the total weight of the
potato or when the flattened or depressed area(s)
covers more surface area than allowed in Table IV.
(See Table IV.).
When materially detracting from the appearance or
when removal causes a loss of more than 5 percent
of the total weight of the potato or when the area affected is more than 5 percent of the surface in the
aggregate.
When removal causes a loss of more than 5 percent of
the total weight of the potato or when green color affects more than 25 percent of the surface in the aggregate.
When the growth crack(s) affects more than 1⁄2 the
length of the potato in the aggregate on round varieties or more than 1⁄3 the length in the aggregate on
long varieties; or, when the depth is greater than that
as outlined in Table V. (See Table V.).
When removal causes a loss of more than 5 percent of
the total weight of the potato or when affecting more
than 5 percent of the surface area (i.e. more than 3⁄4
inch on a 21⁄2 inch or 6 ounce potato). Correspondingly lesser or greater areas in smaller or larger potatoes.
(See Serious Damage.) ..................................................
When removal causes loss of more than 5 percent of
total weight of potato.
When affecting more than 15 percent of the surface in
the aggregate.
When removal causes a loss of more than 5 percent of
the total weight of the potato or when affecting more
than 5 percent of the surface area (i.e. more than3⁄4
inch on a 21⁄2 inch or 6 ounce potato). Correspondingly lesser or greater areas in smaller or larger potatoes.
When more than 50 percent of the surface is affected
in the aggregate.
When removal causes a loss of more than 5 percent of
the total weight of the potato or when scab affects an
aggregate area of more than 1⁄2 inch. (Based on a
potato 21⁄2 inches in diameter or 6 oz. in weight.)
Correspondingly lesser or greater areas in smaller or
larger potatoes.
Smooth and affecting more than 1⁄3 of the surface or
rough russet scab which affects more than 10 percent of the surface in the aggregate.
When more than 5 percent of the surface in the aggregate is affected.
When materially detracting from the appearance of the
potato.
When affecting more than 50 percent of the surface
area of the potato.
Not more than 5 percent of the potatoes in a lot may
have individual or clusters of sprouts not more than
1⁄4 inch at shipping point and 1⁄2 inch at destination.
When removal causes loss of more than 5 percent of
total weight of potato.
See Table VI ...................................................................
When seriously detracting from the appearance of the
potato.
When affecting over 25 percent of the surface area.
Elephant Hide ......................
Enlarged Lenticels ...............
External Discoloration
(Areas that are light tan or
lighter in color and blends
should be ignored.).
Flattened or Depressed
Areas/Pressure Bruises.
Flea Beetle Injury .................
Greening ..............................
Growth Cracks .....................
Grub Damage ......................
Insects or Worms .................
Nematode (Root Knot) .........
Rhizoctonia ..........................
Rodent or Bird Damage .......
Russeting (On Non Russet
Type).
Scab, Pitted ..........................
Scab, Russet ........................
Scab, Surface ......................
Second Growth ....................
jlentini on PROD1PC65 with PROPOSAL
Silver Scurf ...........................
Sprouts .................................
Sunburn ...............................
Sunken Discolored Areas ....
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When seriously detracting from the appearance of the
potato.
When more than 60 percent of the surface is affected
by light tan or light brown colors which do not blend
or when more than 30 percent of the surface is affected by colors darker than light tan or light brown.
When removal of underlying discolored flesh causes a
loss of more than 10 percent of the weight of the potato or when the flattened depressed area(s) covers
more surface area than allowed in the Table IV. (See
Table IV.)
When seriously detracting from the appearance of the
potato or when removal causes a loss of more than
10 percent of the weight of the potato or when the
area affected is more than 10 percent of the surface
in the aggregate.
When removal causes a loss of more than 10 percent
of the weight of the potato or when green color affects more than 50 percent of the surface in the aggregate.
When the growth crack(s) affects more than 3⁄4 the
length of the potato in the aggregate or when the
depth is greater than that as outlined in Table V.
(See Table V.)
When removal causes a loss of more than 10 percent
of the total weight of the potato or when affecting
more than 10 percent of the surface area (i.e. more
than 3⁄4 inch on a 21⁄2 inch or 6 ounce potato). Correspondingly lesser or greater areas in smaller or
larger potatoes.
When present inside the potato.
When removal causes loss of more than 10 percent of
total weight of potato.
When affecting more than 50 percent of the surface in
the aggregate.
When removal causes a loss of more than 10 percent
of the total weight of the potato or when affecting
more than 10 percent of the surface area (i.e. more
than 3⁄4 inch on a 21⁄2 inch or 6 ounce potato). Correspondingly lesser or greater areas in smaller or
larger potatoes.
N/A
When the removal causes a loss of more than 10 percent of the total weight of the potato or when scab
affects an aggregate area of more than 1 inch.
(Based on a potato 21⁄2 inches in diameter or 6 oz. in
weight.) Correspondingly lesser or greater areas in
smaller or larger potatoes.
Rough and affecting more than 25 percent of the surface in the aggregate.
When more than 25 percent of the surface in the aggregate is affected.
When seriously detracting from the appearance of the
potato.
When its severity causes a wrinkling of the skin over
more than 50 percent of the surface.
Not more than 10 percent of the potatoes in a lot may
have individual or clusters of sprouts not more than
1⁄2 inch at shipping point and 1 inch at destination.
When removal causes loss of more than 10 percent of
total weight of potato.
See Table VI.
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Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules
TABLE III.—EXTERNAL DEFECTS—Continued
Defect
Damage
Serious damage
Surface Cracks (Areas affected by fine net-like
cracking should be ignored).
Wireworm or Grass Damage
When smooth shallow cracking affects more than 1⁄3 of
the surface or when rough deep cracking affects
more than 5 percent of the surface.
When rough deep cracking affects more than 10 percent of the surface.
When affecting the flesh of the potato and removal
causes loss of more than 5 percent of total weight of
potato.
When affecting the flesh of the potato and removal
causes loss of more than 10 percent of total weight
of potato.
The following defects are considered serious damage when present in any degree: 1. Freezing. 2. Late blight. 3. Ring rot. 4. Southern bacterial wilt. 5. Soft rot. 6. Wet breakdown.
TABLE IV.—FLATTENED OR DEPRESSED AREAS—PRESSURE BRUISES MAXIMUM AREA ALLOWED
Diameter
Weight
No. 1 (aggregate area)
No. 2 (aggregate area)
Potato is:
Less than 2 in .........................
2 to 21⁄2 in ...............................
More than 21⁄2 to 3 in .............
More than 3 to 31⁄2 in .............
More than 31⁄2 to 4 in .............
More than 4 to 41⁄2 in .............
More than 41⁄2 to 5 in .............
More than 5 in ........................
Potato is:
Less than 4 oz .......................
4 to 6 oz ................................
More than 6 to 8 oz ...............
More than 8 to 14 oz .............
More than 14 to 20 oz ...........
More than 20 to 28 oz ...........
More than 28 to 36 oz ...........
More than 36 oz ....................
Not more than:
1⁄2 in .......................................
1 in .........................................
11⁄4 in .....................................
11⁄2 in .....................................
13⁄4 in .....................................
2 in .........................................
21⁄4 in .....................................
21⁄2 in .....................................
Not more than:
1 in.
11⁄2 in.
13⁄4 in.
17⁄8 in.
2 in.
21⁄4 in.
23⁄4 in.
31⁄4 in.
TABLE V.—DEPTH ALLOWED FOR GROWTH CRACKS
No. 1
(depth)
Diameter
Weight
Potato is:
Less than 2 in .........................
2 to 21⁄2 in ...............................
More than 21⁄2 to 3 in .............
More than 3 in ........................
Potato is:
Less than 4 oz .......................
4 oz to 6 oz ...........................
More than 6 oz to 8 oz ..........
More than 8 oz ......................
Not more
1⁄8 in
1⁄4 in
3⁄8 in
1⁄2 in
No. 2
(depth)
than:
.......................................
.......................................
.......................................
.......................................
Not more than:
1⁄4 in.
3⁄8 in.
1⁄2 in.
5⁄8 in.
TABLE VI.—SUNKEN DISCOLORED AREAS MAXIMUM AREA ALLOWED
Diameter
Weight
No. 1
(aggregate area)
Potato is:
Less than 2 in .........................
2 to 21⁄2 in ...............................
More than 21⁄2 to 3 in .............
More than 3 to 31⁄2 in .............
More than 31⁄2 to 4 in .............
More than 4 to 41⁄2 in .............
More than 41⁄2 to 5 in .............
More than 5 in ........................
Potato is:
Less than 4 oz .......................
4 to 6 oz ................................
More than 6 to 8 oz ...............
More than 8 to 14 oz .............
More than 14 to 20 oz ...........
More than 20 to 28 oz ...........
More than 28 to 36 oz ...........
More than 36 oz ....................
Not more than:
3⁄8 in .......................................
3⁄4 in .......................................
1 in .........................................
11⁄4 in .....................................
11⁄2 in .....................................
13⁄4 in .....................................
2 in .........................................
21⁄4 in .....................................
§ 51.1565
*
Not more than:
3⁄4 in.
1 in.
11⁄4 in.
11⁄2 in.
13⁄4 in.
2 in.
21⁄4 in.
21⁄2 in.
Internal defects.
*
7. In § 51.1565, Table IV is
redesignated as Table I and revised to
read as follows:
No. 2
(aggregate area)
*
*
*
TABLE I.—INTERNAL DEFECTS
Damage
maximum allowed
Defects
Serious damage
maximum allowed
jlentini on PROD1PC65 with PROPOSAL
Occurring outside of or not entirely confined to the vascular ring
Ingrown Sprouts, Internal Discoloration, Vascular Browning, Fusarium Wilt, Net Necrosis,
Other Necrosis, Stem End Browning
VerDate Aug<31>2005
19:49 Sep 21, 2006
Jkt 208001
5 percent waste ...............................................
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
10 percent waste.
E:\FR\FM\22SEP1.SGM
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Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules
55367
TABLE I.—INTERNAL DEFECTS—Continued
Defects
Damage
maximum allowed
Serious damage
maximum allowed
Internal Black Spot .............................................
When the spot(s) are darker than the official
color chip (POT–CC–2) after removing 5
percent of the total weight of the potato.
When the spot(s) are darker than the official
color chip (POT–CC–2) after removing 10
percent of the total weight of the potato.
Occurring entirely within the vascular ring
Hollow Heart or Hollow Heart with Discoloration.
Light Brown Discoloration (Brown Center).
Internal Brown Spot and Similar Discoloration
(Heat Necrosis).
1 Note:
Area affected not to exceed that of a circle 3⁄4
inch in diameter in a potato 21⁄2 inches in
diameter or 6 ounces in weight.1
Area affected not to exceed that of a circle 3⁄4
inch in diameter in a potato 21⁄2 inches in
diameter or 6 ounces in weight.1
Not more than the equivalent of 6 scattered
spots 1⁄8 inch in diameter in a potato 21⁄2
inches in diameter or 6 ounces in weight.1
Correspondingly lesser or greater areas in smaller or larger potatoes.
Dated: September 14, 2006.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. 06–7819 Filed 9–21–06; 8:45 am]
BILLING CODE 3410–02–M
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 51
[Docket Number FV–06–304]
United States Standards for Grades of
Table Grapes (European or Vinifera
Type)
Agricultural Marketing Service,
USDA.
ACTION: Proposed rule.
AGENCY:
jlentini on PROD1PC65 with PROPOSAL
Area affected not to exceed that of a circle 1⁄2
inch in diameter in a potato 21⁄2 inches in
diameter or 6 ounces in weight.1
Area affected not to exceed that of a circle 1⁄2
inch in diameter in a potato 21⁄2 inches in
diameter or 6 ounces in weight.1
Not more than the equivalent of 3 scattered
spots 1⁄8 inch in diameter in a potato 21⁄2
inches in diameter or 6 ounces in weight.1
SUMMARY: The Agricultural Marketing
Service (AMS) of the Department of
Agriculture (USDA), is proposing a
revision to the voluntary United States
Standards for Grades of Table Grapes
(European or Vinifera Type). Two
industry associations requested the
standards be modified by adding a 10
percent allowance for shattered grapes
in consumer containers for shipment
that are en route or at destination. The
standards provide industry with a
common language and a uniform basis
for trading, thus promoting the orderly
and efficient marketing of European or
Vinifera Type table grapes.
DATES: Comments must be received by
November 21, 2006.
ADDRESSES: Interested persons are
invited to submit written comments to
the Standardization Section, Fresh
Products Branch, Fruit and Vegetable
Programs, Agricultural Marketing
Service, U.S. Department of Agriculture,
VerDate Aug<31>2005
18:17 Sep 21, 2006
Jkt 208001
1400 Independence Ave., SW., Room
1661 South Building, Stop 0240,
Washington, DC 20250–0240; fax (202)
720–8871; e-mail
FPB.DocketClerk@usda.gov. Comments
should make reference to the dates and
page number of this issue of the Federal
Register and will be made available for
public inspection in the above office
during regular business hours. The
United States Standards for Grades of
Table Grapes (European or Vinifera
Type) are available either through the
address cited above or by accessing the
AMS, Fresh Products Branch Web site
at: https://www.ams.usda.gov/fv/
fpbcheck.htm.
FOR FURTHER INFORMATION CONTACT:
Cheri L. Emery, at the above address,
telephone number (202) 720–2185, or email address Cheri.Emery@usda.gov.
SUPPLEMENTARY INFORMATION: Section
203(c) of the Agricultural Marketing Act
of 1946 (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 standards
available upon request.
Executive Order 12866 and 12988
The Office of Management and Budget
has waived the review process required
by Executive Order 12866 for this
action. This rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. This action is not
intended to have retroactive effect. This
rule will not preempt any State or local
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
laws, regulations, or policies, unless
they present an irreconcilable conflict
with this rule. There are no
administrative procedures which must
be exhausted prior to any judicial
challenge to the provisions of the rule.
Regulatory Flexibility Act and
Paperwork Reduction Act
Pursuant to the requirements set forth
in the Regulatory Flexibility Act (RFA),
AMS has considered the economic
impact of this action on small entities.
The purpose of the RFA is to fit
regulatory actions to the scale of
businesses subject to such actions in
order that small businesses will not be
unduly or disproportionately burdened.
Accordingly, AMS has prepared this
initial regulatory flexibility analysis.
Interested parties are invited to submit
information on the regulatory and
informational impacts of this action on
small businesses. Comments also are
specifically requested on the number
and size of producers and handlers of
table grapes in United States.
This rule will revise the U.S.
Standards for Grades of Table Grapes
(European or Vinifera Type) that were
issued under the Agricultural Marketing
Act of 1946. Standards issued under the
1946 Act are voluntary.
According to the National
Agricultural Statistics Service (NASS)
report of the 2002 Census of
Agriculture, there are 23,856 grape
farms in the United States. Using
additional data from the Noncitrus
Fruits and Nuts 2005 Summary, total
fresh utilization of grapes was 995,370
tons. Furthermore, the price per ton for
grapes in 2005 was $570.00 and the
value of grape utilized as fresh was
$567,523,000. Based on the number of
farms (23,856), the average producer
revenue from the sale of fresh grapes is
E:\FR\FM\22SEP1.SGM
22SEP1
]]>Agencies
[Federal Register Volume 71, Number 184 (Friday, September 22, 2006)]
[Proposed Rules]
[Pages 55356-55367]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-7819]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 51
[Docket Number FV-06-303]
Potatoes; Grade Standards
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would revise the United States Standards
for Grades of Potatoes. These standards are issued under the
Agricultural Marketing Act of 1946. The use of these grading standards
is voluntary unless potatoes are under a marketing order that provides
for certain requirements set forth in the grade standards or the
potatoes are subject to import requirements under the Agricultural
Marketing Agreement Act of 1937. The changes being proposed are the
results of the detailed work performed by the Joint U.S./Canadian
Potato Council that was charged with harmonizing the U.S. and Canadian
Potato Grade Standards. The purpose for this revision is to update and
revise the standards to more accurately represent today's marketing
practices.
DATES: Comments must be received by November 21, 2006.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposal. Comments must be sent to the Standardization
Section, Fresh Products Branch, Fruit and Vegetable Programs,
Agricultural Marketing Service, U.S. Department of Agriculture, 1400
Independence Ave., SW., Room 1661 South Building, Stop 0240,
Washington, DC 20250-0240; Fax (202) 720-8871, E-mail
FPBDocketclerk@usda.gov. Comments should make reference to the date and
page number of this issue of the Federal Register and will be made
available for public inspection in the above office during regular
business hours. Comments can also be submitted on the Internet at:
https://www.regulations.gov. The current United States Standards for
Grades of Potatoes, along with the proposed changes, will be available
either through the address cited above or by accessing the AMS, Fresh
Products Branch Web site at: https://www.ams.usda.gov/standards/
stanfrfv.htm.
FOR FURTHER INFORMATION CONTACT: Cheri Emery, at the above address or
call (202) 720-2185; E-mail Cheri.Emery@usda.gov.
SUPPLEMENTARY INFORMATION:
Executive Order 12866 and 12988
The Office of Management and Budget has waived the review process
required by Executive Order 12866 for this action. This rule has been
reviewed under Executive Order 12988, Civil Justice Reform. This action
is not intended to have retroactive effect. This rule will not preempt
any state or local laws, regulations, or policies, unless they present
an irreconcilable conflict with this rule. There are no administrative
procedures which must be exhausted prior to any judicial challenge to
the provisions of the rule.
Regulatory Flexibility Act and Paperwork Reduction Act
The Joint U.S./Canadian Council, which was established by the
United
[[Page 55357]]
States Secretary of Agriculture and the Canadian Minister of
Agriculture was charged with harmonizing the U.S. and Canadian grade
standards. The United States Standards for Grades of Potatoes was last
revised in 1991. The Council, which consists of representatives from
the industry and government, meets annually to discuss issues
concerning cross border marketing and trade of potatoes. AMS and the
Canadian Food Inspection Agency (CFIA) have been working with the
Council for the past 14 years in the harmonizing of the standards. To
complete the harmonization process both the Canadian and U.S. grade
standards require a revision. The revisions being proposed will benefit
all aspects of the potato industry and make the standards current with
today's marketing trends and practices.
Pursuant to the requirements set forth in the Regulatory
Flexibility Act (RFA), AMS has considered the economic impact of this
action on small entities. The purpose of the RFA is to fit regulatory
actions to the scale of businesses subject to such actions in order
that small businesses will not be unduly or disproportionately
burdened. Accordingly, AMS has prepared this initial regulatory
flexibility analysis. Interested parties are invited to submit
information on the regulatory and informational impacts of this action
on small businesses.
This rule will revise the U.S. Standards for Grades of Potatoes
that were issued under the Agricultural Marketing Act of 1946.
Standards issued under the 1946 Act are voluntary.
Small agricultural service firms, which include handlers, have been
defined by the Small Business Administration (SBA) (13 CFR 121.201) as
those having annual receipts of less than $6,500,000, and small
agricultural producers are defined as those having annual receipts of
less than $750,000. Using annual data from the National Agricultural
Statistics Service (NASS), the average potato crop value for 2002-2004
is $2.538 billion. Dividing that figure by 9,408 farms yields an
average potato crop value per farm of just under $270,000. Since this
is well under the SBA threshold of annual receipts of $750,000, it can
be concluded that the majority of these producers may be classified as
small entities.
Additional evidence comes from examining the Agricultural Census
acreage breakdown more closely. Out of a total of 9,408 potato farms in
2002, 60 percent were under 5 acres and 76 percent were under 100
acres. An estimate of the number of acres that it would take to produce
a crop valued at $750,000 can be made by dividing the 2002-04 average
crop value of $2.538 billion by three-year average bearing acres (1.227
million), yielding an average potato revenue per acre estimate of
$2,068. Dividing $750,000 by $2,068 shows that farms with at least 363
acres that received at least the average price in 2002-04 would have
produced crops valued at $750,000 or more, and would be therefore be
considered large potato farms under the SBA definition. Looking at farm
numbers for additional census size categories shows that 8,084 potato
farms (86 percent) are under 250 acres and 8,735 (92 percent) are under
500 acres. Since a farm with 363 acres of potatoes falls into middle of
this range, it can be concluded that the proportion of small potato
farms under the SBA definition is likely to be between 86 and 90
percent of all U.S. potato farms.
This proposed rule would: Develop en route or at destination
tolerances for the U.S. No. 1 and U.S. No. 2 grades, revise current
tolerances in all grades, delete the ``Unclassified'' section, and
define damage and serious damage by the following defects which will be
added to Table III of the External Defects section: Cuts, Clipped Ends,
Elephant Hide, Flattened or Depressed Areas/Pressure Bruises, Grub
Damage, Nematode (Root Knot), Rodent or Bird Damage, Russeting, Silver
Scurf, Sunken Discolored Areas, and Surface Cracks. The following
defects and scoring guidelines that are currently listed in Table III
of the External Defects section would be modified to reflect current
inspection instructions: Air Cracks, Bruises, External Discoloration,
Flea Beetle Injury, Greening, Growth Cracks, Rhizoctonia, Pitted Scab,
Russet Scab, Surface Scab, and Wireworm or Grass Damage. Also, a
revision to the current scoring guide for sprouts is being proposed. In
the Internal Defects section, Internal Black Spot would be revised by
implementing a color chip to assist in the scoring of this defect.
Also, Table IV in this section would be redesignated as Table 1.
Additionally, a revised large size is being proposed as well as adding
Chef and Creamer sizes.
The effects of this rule are not expected to be disproportionately
greater or smaller for small handlers or producers than for larger
entities.
This proposed action would make the standard more consistent and
uniform with marketing trends and practices. This proposed action will
not impose any additional reporting or recordkeeping requirements on
either small or large potato producers, handlers, or importers. USDA
has not identified any Federal rules that duplicate, overlap, or
conflict with this rule. However, there are marketing programs which
regulate the handling of potatoes under (7 CFR parts 945-948 and 953).
Potatoes under a marketing order have to meet certain requirements set
forth in the grade standards. In addition, potatoes are subject to
Section 8e import requirements under the Agricultural Marketing Act of
1937, as amended (7 U.S.C. 601-674) which requires imported potatoes to
meet grade, size, and quality under the applicable marketing order (7
CFR part 980).
Alternatives were considered for this action. One alternative would
be to not issue a proposed rule. However, the need for revisions have
increased as a result of changing market characteristics. The proposal
represents approximately 14 years of research, surveys, and other input
from all sectors of the potato industry and government. The purpose of
these proposed standards is to facilitate the marketing of agricultural
commodities.
Background and Proposed Rule
In 1991, the Joint U.S./Canadian Council was established by the
U.S. Secretary of Agriculture and the Canadian Minister of Agriculture
to discuss issues concerning cross border marketing and trade of
potatoes. The Council was charged with working towards harmonizing the
U.S. and Canadian Potato Grade Standard. Government representatives
from both countries have been providing technical assistance and
guidance to the Council with regard to the interpretation of the
standards and scoring guides of defects.
The Council formed a Grade Harmonization Committee (Committee) to
work on the harmonization of the two standards. The harmonization
process was divided into several phases. The Committee began by
focusing its attention on defects that could be harmonized with
adjustments that would not involve a revision of the standards. These
defects include those for which the scoring guides were defined in
inspection instruction handbooks or ones for which the scoring guides
are listed in the standards as scorable when ``materially or seriously
affecting the appearance.'' The defining of ``materially or seriously
affecting the appearance'' for certain defects will also provide for
more uniformity with regard to how the U.S. standards are applied
nationwide. The final phase of the harmonization process requires a
revision to the United States Standards for Grades of Potatoes.
This proposed rule would: Develop en route or at destination
tolerances for the
[[Page 55358]]
U.S. No. 1 and U.S. No. 2 grades, revise current tolerances in all
grades, delete the ``Unclassified'' section, and define damage and
serious damage by the following defects which will be added to Table
III of the External Defects section: Cuts, Clipped Ends, Elephant Hide,
Flattened or Depressed Areas/Pressure Bruises, Grub Damage, Nematode
(Root Knot), Rodent or Bird Damage, Russeting, Silver Scurf, Sunken
Discolored Areas, and Surface Cracks. Also, the following defects and
scoring guidelines that are currently listed in Table III of the
External Defects section would be updated to better reflect current
inspection instructions: Air Cracks, Bruises, External Discoloration,
Flea Beetle Injury, Greening, Growth Cracks, Rhizoctonia, Pitted Scab,
Russet Scab, Surface Scab, and Wireworm or Grass Damage. Also, a
revision to the current scoring guide for sprouts is being proposed. In
the Internal Defects section, Internal Black Spot would be revised by
implementing a color chip to assist in the scoring of this defect.
Also, Table IV in this section would be redesignated as Table 1.
Additionally, a revised large size is being proposed as well as adding
Chef and Creamer sizes. In an effort to clearly outline these proposed
changes, the first column of the following chart shows the section as
it currently reads, the second column shows the proposed change and the
third column states why the change is being proposed:
------------------------------------------------------------------------
Current standard Proposed standard Discussion
------------------------------------------------------------------------
Sec. 51.1540 U.S. Extra Sec. 51.1540 A deletion to the
No. 1. (Reserved). U.S. Extra No. 1
``U.S. Extra No. 1'' grade and all
consists of potatoes which reference to the
meet the following U.S. Extra No. 1
requirements:. grade is being
(a) Similar varietal proposed as this
characteristics;. grade is no longer
(b) Firm;................... utilized by the
(c) Clean;.................. industry.
(d) At least fairly well
matured;.
(e) Fairly well shaped, with
50 percent or more well
shaped;.
(f) Free from;..............
(1) Freezing;...............
(2) Blackheart;.............
(3) Late blight, southern
bacterial wilt and ring
rot; and,.
(4) Soft rot and wet
breakdown..
(g) Free from injury caused
by:.
(1) Sprouts; and,...........
(2) Internal defects........
(h) Free from damage by any
other cause. See Sec. Sec.
51.1564 and 51.1565..
(i) Size. The potatoes shall
be not less than 2\1/4\
inches in diameter or 5
ounces in weight and shall
not vary more than 1\1/4\
inches in diameter or more
than 6 ounces in weight..
(j) For tolerances see Sec.
51.1546..
Sec. 51.1544 Unclassified. Sec. 51.1544 When changing or
``Unclassified'' consists of (Reserved). updating standards
potatoes which have not in recent years,
been classified in references to
accordance with any of the ``Unclassified''
foregoing grades. The term have been removed
``unclassified'' is not a in an attempt to
grade within the meaning of eliminate the
these standards but is confusion this term
provided as a designation creates. People
to show that no grade has have incorrectly
been applied to the lot.. assumed that
``Unclassified'' is
an actual grade
name. To avoid
further confusion
it is proposed that
all references to
this term be
eliminated.
Sec. 51.1545 Size......... (Revising, See It is being proposed
(See Current Table I)....... Proposed Table I). that a Chef and
Creamer size be
added to reflect
current marketing
practices. Also,
being proposed is
the maximum
diameter or weight
for the Large size
to be 4\1/2\ inches
or 28 ounces based
on a request by the
Committee.
------------------------------------------------------------------------
Current Table I
----------------------------------------------------------------------------------------------------------------
Minimum diameter \1\ or Maximum diameter \1\ or
weight weight
Size designation ------------------------------------------------------
Inches Ounces Inches Ounces
----------------------------------------------------------------------------------------------------------------
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\1/4\ 16
----------------------------------------------------------------------------------------------------------------
\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.
[[Page 55359]]
\3\ No requirement.
Proposed Table I
----------------------------------------------------------------------------------------------------------------
Minimum diameter \1\ or Maximum diameter \1\ or
weight 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.
------------------------------------------------------------------------
Current standard Proposed standard Discussion
------------------------------------------------------------------------
Sec. 51.1546 Tolerances... Sec. 51.1546 Due to the deletion
To allow for variations Tolerances. of the U.S. Extra
incident to proper grading To allow for No. 1 grade,
and handling in each of the variations incident paragraph (2) will
foregoing grades, the to proper grading be redesignated as
following tolerances by and handling in paragraph (1).
weight or equivalent basis, each of the Based on the
are provided as specified. foregoing grades, harmonizing of the
(a) For defects--(1) U.S. the following U.S. and Canadian
Extra No. 1. A total of 5 tolerances by standard it is
percent for potatoes in any weight or being proposed that
lot which fail to meet the equivalent basis, the 3 percent
requirements for the grade: are provided as restrictive
Provided, That not more specified. tolerance for
than two-fifths of this (a) For defects--(1) freezing, southern
tolerance, or 2 percent, U.S. No. 1.. bacterial wilt,
shall be allowed for Shipping Point: A ring rot, late
potatoes which are affected total of 8 percent blight, soft rot or
by freezing, southern for potatoes in any wet breakdown be
bacterial wilt, ring rot, lot which fail to deleted. Also, the
late blight, soft rot or meet the proposed
wet breakdown, including requirements for establishment of an
therein not more than one- the grade: ``En Route or At
half of 1 percent for Provided, That Destination''
potatoes which are frozen included in this tolerance to the
or affected by soft rot or tolerance not more U.S. No. 1 grade
wet breakdown. See Sec. than the following will be consistent
51.1547. percentages shall with similar
(2) U.S. No. 1. A total of 8 be allowed for the standards.
percent for potatoes in any defects listed:.
lot which fail to meet the (i) 5 percent for
requirements for the grade: external defects;.
Provided, That included in (ii) 5 percent for
this tolerance not more internal defects;.
than the following (iii) including
percentages shall be therein not more
allowed for the defects than 1 percent for
listed:. potatoes which are
(i) 5 percent for external frozen or affected
defects;. by soft rot or wet
(ii) 5 percent for internal breakdown.
defects; or,. En route or at
(iii) 3 percent for potatoes Destination: A
which are affected by total of 10 percent
freezing, southern for potatoes in any
bacterial wilt, ring rot, lot which fail to
late blight, soft rot or meet the
wet breakdown, including requirements for
therein not more than 1 the grade:
percent for potatoes which Provided, That
are frozen or affected by included in this
soft rot or wet breakdown. tolerance not more
See Sec. 51.1547. than the following
percentages shall
be allowed for the
defects listed:.
(i) 7 percent for
external defects;.
(ii) 7 percent for
internal defects;.
(iii) Including
therein not more
than 2 percent for
potatoes which are
frozen or affected
by soft rot or wet
breakdown. See Sec.
51.1547.
(3) U.S. Commercial. A total (2) U.S. Commercial. Due to the
of 20 percent for potatoes A total of 20 redesignating of
in any lot which fail to percent for paragraph (2),
meet the requirements for potatoes in any lot paragraph (3) will
the grade: Provided, That which fail to meet be redesignated as
included in this tolerance the requirements paragraph (2).
not more than the following for the grade: Based on the
percentages shall be Provided, That harmonizing of the
allowed for the defects included in this U.S. and Canadian
listed: tolerance not more standards it is
(i) 10 percent for potatoes than the following being proposed that
which fail ito meet the percentages shall the 3 percent
requirements for U.S. No. 2 be allowed for the restrictive
grade, including therein defects listed: tolerance for
not more than:. (i) 10 percent for freezing, southern
(ii) 6 percent for external potatoes which fail bacterial wilt,
defects;. to meet the ring rot, late
(iii) 6 percent for internal requirements for blight, soft rot or
defects; or,. U.S. No. 2 grade, wet breakdown be
(iv) 3 percent for potatoes including including deleted.
which are affected by therein not more
freezing, southern than:.
bacterial wilt, ring rot, (ii) 6 percent for
late blight, soft rot or external defects;.
wet breakdown, including (iii) 6 percent for
therein not more than 1 internal defects;
percent for potatoes which or,.
are frozen or affected by (iv) Including
soft rot or wet breakdown. therein not more
See Sec. 51.1547. than 1 percent for
potatoes which are
frozen or affected
by soft rot or wet
breakdown. See Sec.
51.1547.
[[Page 55360]]
(4) U.S. No. 2. A total of (3) U.S. No. 2...... Due to the
10 percent for potatoes in Shipping Point: A redesignating of
any lot which fail to meet total of 10 percent paragraph (3),
the requirements for the for potatoes in any paragraph (4) will
grade: Provided, That lot which fail to be redesignated as
included in this tolerance meet the paragraph (3).
not more than the following requirements for Based on the
percentages shall be the grade: harmonizing of the
allowed for the defects Provided, That U.S. and Canadian
listed: included in this standards it is
(i) 6 percent for external tolerance not more being proposed that
defects;. than the following the 3 percent
(ii) 6 percent for internal percentages shall restrictive
defects; or,. be allowed for the tolerance for
(iii) 3 percent for potatoes defects listed:. freezing, southern
which are affected by (i) 6 percent for bacterial wilt,
freezing, southern external defects;. ring rot, late
bacterial wilt, ring rot, (ii) 6 percent for blight, soft rot or
late blight, soft rot or internal defects;. wet breakdown be
wet breakdown, including (iii) Including deleted. Also, the
therein not more than 1 therein not more proposed
percent for potatoes which than 1 percent establishment of an
are frozen or affected by which are frozen or ``En Route or At
soft rot or wet breakdown. affected by soft Destination''
See Sec. 51.1547. rot or wet tolerance to the
breakdown. U.S. No. 2 grade
En route or at will be consistent
Destination: A with similar
total of 12 percent standards.
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) 8 percent for
external defects;.
(ii) 8 percent for
internal defects;.
(iii) Including
therein not more
than 2 percent for
potatoes which are
frozen or affected
by soft rot or wet
breakdown.
Sec. 51.1564 External Damage: When removal Adding specific
Defects. causes a loss of scoring criteria,
AIR CRACKS.................. more than 5 percent as currently
Damage: When materially of the total weight defined in the
detracting from appearance of the potato or inspection
of potato. when the air instructions, for
Serious Damage: When crack(s) affects materially and
seriously detracting from more than \1/3\ the seriously
appearance of potato. length or diameter detracting would
of the potato provide an
(whichever is objective means of
greater) in the evaluating this
aggregate. defect.
Serious Damage: When
removal causes a
loss of more than
10 percent of the
total weight of the
potato or when the
air crack(s)
affects more than
\3/4\ the length or
diameter of the
potato (whichever
is greater) in the
aggregate.
BRUISES..................... BRUISES (not Revising the scoring
Damage: When materially including pressure criteria, as
detracting from appearance bruises and sunken currently defined
of potato. Or, when removal discolored areas). in the inspection
causes loss of more than 5 Damage: When instructions, would
percent of total weight of materially provide an
potato. detracting from objective means of
Serious Damage: When appearance of evaluating this
seriously detracting from potato or when defect.
appearance of potato. Or, removal causes loss
when removal causes loss of of more than 5
more than 10 percent of percent of the
total weight of potato. total weight of the
potato or when the
area affected is
more than 5 percent
of the surface in
the aggregate (i.e.
\3/4\ inch on a 2\1/
2\ inch or 6 oz.
potato).
Correspondingly
lesser or greater
areas in smaller or
larger potatoes.
Serious Damage: When
seriously
detracting from
appearance of
potato or when
removal causes a
loss of more than
10 percent of the
total weight of the
potato or when the
area affected is
more than 10
percent of the
surface in the
aggregate (i.e. 1\1/
4\ inches on a 2\1/
2\ inch or 6 oz.
potato).
Correspondingly
lesser or greater
areas in smaller or
larger potatoes.
CUTS
Damage: When one Currently there is
smooth cut affects no specific scoring
more than 5 percent criteria for this
of the surface area. defect in the
Serious Damage: standards. Adding
Cut(s) that affect this to the
more than 10 standard, as
percent of the defined in the
surface area in the inspection
aggregate or when a instructions, would
single side cut provide an
extends beyond \1/ objective means of
2\ the length of evaluating this
the potato. defect.
ELEPHANT HIDE
Damage: When Currently there is
affecting over 10 no specific scoring
percent of the criteria for this
surface area of the defect in the
potato. standards. Adding
Serious Damage: When this to the
affecting over 25 standard, as
percent of the defined in the
surface area. inspection
instructions, would
provide an
objective means of
evaluating this
defect.
[[Page 55361]]
EXTERNAL DISCOLORATION...... Areas that are light Adding specific
Damage: When materially tan or lighter in scoring criteria,
detracting from appearance color and blends as currently
of potato. should be ignored. defined in the
Serious Damage: When Damage: When more inspection
seriously detracting from than 30 percent of instructions, for
appearance of potato. the surface is ``materially'' and
affected by light ``seriously
tan or light brown detracting'' would
colors which do not provide an
blend or when more objective means of
than 15 percent of evaluating this
the surface is defect.
affected by colors
darker than light
tan or light brown.
Serious Damage: When
more than 60
percent of the
surface is affected
by light tan or
light brown colors
which do not blend
or when more than
30 percent of the
surface is affected
by colors darker
than light tan or
light brown.
FLATTENED OR
DEPRESSED AREAS/
PRESSURE BRUISES
Damage: When removal Currently there is
of underlying no specific scoring
discolored flesh criteria for this
causes a loss of defect in the
more than 5 percent standards. Adding
of the total weight this to the
of the potato or standard, as
when the flattened defined in the
or depressed inspection
area(s) covers more instructions, would
surface area than provide an
allowed in Table objective means of
IV. (See Table IV.) evaluating this
Serious Damage: When defect.
removal of
underlying
discolored flesh
causes a loss of
more than 10
percent of the
weight of the
potato or when the
flattened depressed
area(s) covers more
surface area than
allowed in the
Table IV. (See
Table IV.).
FLEA BEATLE INJURY
Damage: When materially Damage: When removal Adding specific
detracting from appearance causes a loss of scoring criteria,
of potato. Or, when removal more than 5 percent as currently
causes loss of more than 5 of the total weight defined in the
percent of total weight of of the potato or inspection
potato. when the area instructions, for
Serious Damage: When affected is more ``materially'' and
seriously detracting from than 5 percent of ``seriously
appearance of potato. Or, the surface in the detracting'' would
when removal causes loss of aggregate. provide an
more than 10 percent of Serious Damage: When objective means of
total weight of potato. removal causes a evaluating this
loss of more than defect.
10 percent of the
weight of the
potato or when the
area affected is
more than 10
percent of the
surface in the
aggregate.
GREENING
Damage: When materially Damage: When removal Adding specific
detracting from appearance causes a loss of scoring criteria,
of potato. Or, when removal more than 5 percent as currently
causes loss of more than 5 of the total weight defined in the
percent of total weight of of the potato or inspection
potato. when green color instructions, for
Serious Damage: When affects more than ``materially'' and
seriously detracting from 25 percent of the ``seriously
appearance of potato. Or, surface in the detracting'' would
when removal causes loss of aggregate. provide an
more than 10 percent of Serious Damage: When objective means of
total weight of potato. removal causes a evaluating this
loss of more than defect.
10 percent of the
weight of the
potato or when the
green color affects
more than 50
percent of the
surface in the
aggregate.
GROWTH CRACKS
Damage: When materially Damage: When the Adding specific
detracting from appearance growth crack(s) scoring criteria,
of potato. affects more than as currently
Serious Damage: When \1/2\ the length of defined in the
seriously detracting from the potato in the inspection
appearance of potato. aggregate on round instructions, for
varieties or more ``materially'' and
than \1/3\ the ``seriously
length in the detracting'' would
aggregate on long provide an
varieties or when objective means of
the depth is evaluating this
greater than that defect.
as outlined in
Table V. (See Table
V.)
Serious Damage: When
the growth crack(s)
affects more than
\3/4\ the length of
the potato in the
aggregate or when
the depth is
greater than that
as outlined in
Table V. (See Table
V.).
GRUB DAMAGE.........
[[Page 55362]]
Damage: When removal Currently there is
causes a loss of no specific scoring
more than 5 percent criteria for this
of the total weight defect in the
of the potato or standards. Adding
when affecting more this to the
than 5 percent of standard, as
the surface area defined in the
(i.e. more than \3/ inspection
4\ inch on a 2\1/2\ instructions, would
inch or 6 ounce provide an
potato). objective means of
Correspondingly evaluating this
lesser or greater defect.
areas in smaller or
larger potatoes.
Serious Damage: When
removal causes a
loss of more than
10 percent of the
total weight of the
potato or when
affecting more than
10 percent of the
surface area (i.e.
more than \3/4\
inch on a 2\1/2\
inch or 6 ounce
potato).
Correspondingly
lesser or greater
areas in smaller or
larger potatoes.
NEMATODE (ROOT KNOT)
Damage: When removal Currently there is
causes a loss of no specific scoring
more than 5 percent criteria for this
of the total weight defect in the
of the potato. standards. Adding
Serious Damage: When this to the
removal causes a standard, as
loss of more than defined in the
10 percent of the inspection
total weight of the instructions, would
potato. provide an
objective means of
evaluating this
defect.
RHIZOCTONIA (BLACK SCURF)
Damage: When materially Damage: When Adding specific
detracting from appearance affecting more than scoring criteria,
of potato. 15 percent of the as currently
Serious Damage: When surface in the defined in the
seriously detracting from aggregate. inspection
appearance of potato. Serious Damage: When instructions, for
affecting more than ``materially'' and
50 percent of the ``seriously
surface in the detracting'' would
aggregate.. provide an
objective means of
evaluating this
defect.
RODENT AND BIRD
DAMAGE
Damage: When removal Currently there is
causes a loss of no specific scoring
more than 5 percent criteria for this
of the total weight defect in the
of the potato or standards. Adding
when affecting more this to the
than 5 percent of standard, as
the surface area defined in the
(i.e. more than \3/ inspection
4\ inch on a 2\1/2\ instructions, would
inch or 6 ounce provide an
potato). objective means of
Correspondingly evaluating this
lesser or greater defect.
areas in smaller or
larger potatoes.
Serious Damage: When
removal causes a
loss of more than
10 percent of the
total weight of the
potato or when
affecting more than
10 percent of the
surface area (i.e.
more than \3/4\
inch on a 2\1/2\
inch or 6 ounce
potato).
Correspondingly
lesser or greater
areas in smaller or
larger potatoes.
RUSSETING (On Non
Russet Type).
Damage: When more Currently there is
than 50 percent of no specific scoring
the surface is criteria for this
affected in the defect in the
aggregate. standards. Adding
Serious Damage: N/A. this to the
standard, as
defined in the
inspection
instruction, would
provide an
objective means of
evaluating this
defect.
SCAB, PITTED
Damage: When materially Damage: When removal Adding specific
detracting from appearance causes a loss of scoring criteria,
of potato. Or, when removal more than 5 percent as currently
causes loss of more than 5 of the total weight defined in the
percent of total weight of of the potato or inspection
potato. when scab affects instructions, for
Serious Damage: When an aggregate area ``materially'' and
seriously detracting from of more than \1/2\ ``seriously
appearance of potato. Or, inch (based on a detracting'' would
when removal causes loss of potato 2\1/2\ provide an
more than 10 percent of inches in diameter objective means of
total weight of potato. or 6 oz. in evaluating this
weight). defect.
Correspondingly
lesser or greater
areas in smaller or
larger potatoes.
Serious Damage: When
the removal causes
a loss of more than
10 percent of the
total weight of the
potato or when scab
affects an
aggregate area of
more than 1 inch
(based on a potato
2\1/2\ inches in
diameter or 6 oz.
in weight).
Correspondingly
lesser or greater
areas in smaller or
larger potatoes.
SCAB, RUSSET
Damage: When materially Damage: When smooth Adding specific
detracting from appearance russeting affects scoring criteria,
of potato. more than \1/3\ of as currently
Serious Damage: When the surface or when defined in the
seriously detracting from rough russet scab inspection
appearance of potato. affects more than instruction, for
10 percent of the ``materially'' and
surface in the ``seriously
aggregate. detracting'' would
Serious Damage: When provide an
rough russeting objective means of
affects more than evaluating this
25 percent of the defect.
surface in the
aggregate.
[[Page 55363]]
SCAB, SURFACE
Damage: When more than 5 Damage: When more Adding aggregate to
percent of surface affected. than 5 percent of the scoring guide
Serious Damage: When more the surface in the will clarify the
than 25 percent of surface aggregate is guide.
affected. affected.
Serious Damage: When
more than 25
percent of the
surface in the
aggregate is
affected.
SILVER SCURF
Damage: When Currently there is
affecting more than no specific scoring
50 percent of the criteria for this
surface area of the defect in the
potato. standards. Adding
Serious Damage: When this to the
its severity causes standard, as
a wrinkling of the defined in the
skin over more than inspection
50 percent of the instructions, would
surface. provide an
objective means of
evaluating this
defect.
SPROUTS
Damage: When more than 10 Damage: Not more Based on the request
percent of the potatoes in than 5 percent of of the committee it
any lot have any sprout the potatoes in a is being proposed
more than \3/4\ inch in lot may have that the scoring
length or have individual individual or guide be revised.
sprouts or cluster of clusters of sprouts
sprouts which materially not more than \1/4\
detract from the appearance inch at shipping
of the potato. point and \1/2\
inch at destination.
Serious Damage: Not
more than 10
percent of the
potatoes in a lot
may have individual
or clusters of
sprouts not more
than \1/2\ inch at
shipping point and
1 inch at
destination.
SUNKEN DISCOLORED Currently there is
AREAS no specific scoring
SEE TABLE VI........ criteria for this
defect in the
standards. Adding
this to the
standard, as
defined in the
inspection
instructions, would
provide an
objective means of
evaluating this
defect.
SURFACE CRACKS Areas Currently there is
affected by fine no specific scoring
net-like cracking criteria for this
should be ignored. defect in the
Damage: When smooth standards. Adding
shallow cracking this to the
affects more than standard, as
\1/3\ of the defined in the
surface or when inspection
rough deep cracking instructions, would
affects more than 5 provide an
percent of the objective means of
surface. evaluating this
Serious Damage: When defect.
rough deep cracking
affects more than
10 percent of the
surface.
WIREWORM OR GRASS DAMAGE
Damage: When any hole in a Damage: When Based on the request
potato 2\1/2\ inches in affecting the flesh of the committee it
diameter or 6 ounces in of the potato and is being proposed
weight is more than \3/4\ removal causes a that the scoring
inch long, or when the loss of more than 5 guide be revised.
aggregate length of all percent of the
holes is more than 1\1/4\ total weight of the
inches, or correspondingly potato.
shorter or longer holes in Serious Damage: When
smaller or larger potatoes. affecting the flesh
Serious Damage: When any of the potato and
hole in a potato 2\1/2\ removal causes a
inches in diameter or 6 loss of more than
ounces in weight is more 10 percent of the
than 1\1/2\ inches long, or total weight of the
when the aggregate length potato.
of all holes is more than 2
inches, or correspondingly
shorter or longer holes in
smaller or larger potatoes.
INTERNAL BLACK SPOT
Damage: Maximum Allowed 5 Damage: When the AMS is proposing to
percent waste. spot(s) are darker implement color
Serious Damage: Maximum than the official chip POT-CC-2 into
Allowed 10 percent waste. color chip (POT-CC- the scoring
2) after removing 5 criteria for
percent of the internal black
total weight of the spot. AMS developed
potato. this color chip at
Serious Damage: When the request of the
the spot(s) are industry to assist
darker than the in the scoring of
official color chip this defect. POT-CC-
(POT-CC-2) after 2 is available for
removing 10 percent review at the Fresh
of the total weight Products Branch,
of the potato. Fruit and Vegetable
Programs, AMS,
South Building,
Washington, DC or
any of the Fresh
Product Branch
Field offices.
------------------------------------------------------------------------
List of Subjects in 7 CFR Part 51
Agricultural commodities, Food grades and standards, Fruits, Nuts,
Reporting and recordkeeping requirements, Trees, Vegetables.
For reasons set forth in the preamble, 7 CFR part 51 is proposed to
be amended as follows:
PART 51--[AMENDED]
1. The authority citation for part 51 continues to read as follows:
Authority: 7 U.S.C. 1621-1627.
Sec. 51.1540 [Removed and reserved]
2. Remove and reserve Sec. 51.1540.
Sec. 51.1544 [Removed and reserved]
3. Remove and reserve Sec. 51.1544 .
Sec. 51.1545 [Amended]
4. In Sec. 51.1545, Table I is revised to read as follows:
Sec. 51.1545 Size.
* * * * *
[[Page 55364]]
Table I
----------------------------------------------------------------------------------------------------------------
Minimum diameter \1\ or Maximum diameter \1\ or
weight 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.
* * * * *
Sec. 51.1546 [Amended]
5. In Sec. 51.1546, paragraph (a) is revised to read as follows:
Sec. 51.1546 Tolerances.
* * * * *
(a) For defects--(1) U.S. No. 1 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:
(i) 5 percent for external defects;
(ii) 5 percent for internal defects;
(iii) Including therein not more than 1 percent for potatoes which
are frozen or affected by soft rot or wet breakdown.
(2) 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:
(i) 7 percent for external defects;
(ii) 7 percent for internal defects;
(iii) Including therein not more than 2 percent for potatoes which
are frozen or affected by soft rot or wet breakdown. See Sec. 51.1547.
(3) 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.
(4) U.S. No. 2 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:
(i) 6 percent for external defects;
(ii) 6 percent for internal defects;
(iii) Including therein not more than 1 percent for potatoes which
are frozen or affected by soft rot or wet breakdown.
(
