Agricultural Marketing Service October 2005 – Federal Register Recent Federal Regulation Documents

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule that established procedures for exempting handlers from quality requirements, including maximum limits for quality defects and minimum size, prescribed under the California pistachio marketing order (order). The order regulates the handling of pistachios grown in California and is administered locally by the Administrative Committee for Pistachios (committee). These procedures will be used by the committee in considering handler requests for exemptions from minimum quality testing requirements and when considering revocations of such exemptions. Additionally, this final rule continues in effect the establishment of an appeals process for handlers who have been denied an exemption or had an approved exemption revoked.

This final rule amends the U.S. Department of Agriculture's (USDA) National List of Allowed and Prohibited Substances (National List) to reflect one recommendation submitted to the Secretary by the National Organic Standards Board (NOSB) on March 3, 2005. Consistent with the recommendation from the NOSB, this final rule revises the annotation of one substance on the National List, methionine, to extend its use in organic poultry production until October 21, 2008.

Notice is hereby given that the comment period on the proposed Revision of Fees for the Fresh Fruit and Vegetable Terminal Market Inspection Service is reopened and extended. This action will allow interested persons additional time to prepare and submit comments.

The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) is revising the United States Standards for Grades of Sweet Peppers. The revision will allow sweet peppers to be marketed as mixed varieties and/or colors when marked with more than one variety or color on the container. The decay tolerance will be revised to include only those sweet peppers which are affected by decay on the wall and/or calyx. Decay affecting only stems will no longer fall under the restricted decay tolerance. It will be scored against the five percent serious damage tolerance for U.S. Fancy and U.S. No 1 grades and against the five percent restrictive tolerance for the U.S. No. 2 grade. The requirement to designate peppers which fail to meet the color requirements of their respective grades or respective (color specified) grade will be made optional. The ``Unclassified'' section will be deleted. The purpose for this revision is to update and revise the standards to accurately represent today's marketing practices.

The Agricultural Marketing Service (AMS) is adding provisions to the Code of Federal Regulations that include rules and regulations used in administering the marketing order regulating the handling of pears grown in Oregon and Washington. Inadvertently, SubpartControl Committee Rules and Regulations was removed in May 2005 when the marketing order was amended.

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule that changed the container and reporting requirements prescribed under the marketing order for avocados grown in South Florida. The marketing order regulates the handling of avocados grown in South Florida and is administered locally by the Avocado Administrative Committee (Committee). This rule continues in effect the action prohibiting the handling of fresh market avocados in 20 bushel plastic field bins to destinations inside the production area. This rule also continues in effect the action requiring that handlers provide, at the time of inspection, information regarding the number of avocados packed per container (count per container). These changes are expected to help reduce packing costs and facilitate the distribution of useful marketing information.

The Agricultural Marketing Service (AMS) is establishing a separate user-fee schedule for the Quality Systems Verification Programs (QSVP) and expanding the scope of the QSVP to include all agricultural products and services within the responsibility of the Livestock and Seed (LS) Program. A new part 62 is established for QSVP services. QVSP are a collection of voluntary, audit-based, user-fee programs authorized under the Agricultural Marketing Act of 1946. QSVP facilitate the global marketing and trade of agricultural products; provide consumers the opportunity to distinguish specific characteristics involved in the production and processing of agricultural products; and ensure that product consistently meets program requirements.

The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) is soliciting comments on its proposal to revise the United States Standards for Grades of Fresh Asparagus. At a 2003 meeting of the Fruit and Vegetable Industry Advisory Committee, AMS was asked to review all the fresh fruit and vegetable grade standards for usefulness in serving the industry. As a result, AMS has noted the current U.S. Grade standards do not have provisions for grading purple or white asparagus. The proposed revision will allow purple or white asparagus to be certified to a U.S. grade.

This document proposes to adopt as a final rule, order language contained in the interim final rule published in the Federal Register on June 1, 2005, concerning pooling standards and transportation credit provisions of the Upper Midwest (UMW) milk marketing order. This document also sets forth the final decision of the Department and is subject to approval by producers. A separate decision will be issued that will address proposals concerning pooling and repooling of milk, temporary loss of Grade A status, and increasing the maximum administrative assessment.