Agricultural Marketing Service January 2006 – Federal Register Recent Federal Regulation Documents

The Agricultural Marketing Service (AMS) is issuing this advance notice of proposed rulemaking in response to concerns raised by the industry that sellers may lose their status as trust creditors when using electronic data interchange (EDI) for invoicing. Comments are being sought from the public, but in particular, buyers and sellers of fruit and vegetables and vendors/software developers of EDI systems, as to whether to issue new or amended regulations and if so, the substance of such regulations.

This document corrects the ADDRESSES section of the proposed rule published in the Federal Register on January 13, 2006, regarding Voluntary Shell Egg, Poultry, and Rabbit Grading. This correction clarifies that comments may be submitted electronically to an e-mail address.

The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) is revising the United States Standards for Grades of Globe Artichokes. Specifically, AMS is revising the standards to add a U.S. No. 1 Long Stem grade along with an undersize tolerance of 5 percent in the standards. The new grade will have the same requirements as the U.S. No. 1 except that the stems must be smoothly cut to a minimum length of at least 8 inches, unless specified to a longer length in connection with the grade. AMS is further defining ``fairly compact'' by including a definition for ``slightly spread'' to mean, ``the outer scales may be slightly open, but the inner scales at the tip of the artichoke must be closely folded into the bud.'' The revisions would bring the standards for globe artichokes in line with current marketing practices, thereby improving their usefulness in serving the industry.

The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA), is soliciting comments on a proposal to revise the United States Standards for Grades of Table Grapes (European or Vinifera Type). AMS has received petitions from the California Grape and Tree Fruit League and Western Growers Association, requesting that the current standards be modified by adding a 10 percent allowance for shattered berries in consumer containers for en route or at destination.

The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) is revising the United States Standards for Grades of Strawberries. AMS received a request from an industry group to modify the standards to allow that percentages be determined by count and not volume. The change will make tolerance determination more objective and more uniform.

This document proposes to adopt as a final rule order language contained in the interim final rule published in the Federal Register on September 26, 2005, concerning pooling standards of the Mideast 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 to deter the de- pooling of milk, transportation credits and clarification of the Producer definition.

The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) is establishing a voluntary United States Standards for Grades of Muscadine (Vitis Rotundifolia) Grapes. AMS received a request from an industry group representing muscadine grape growers to develop a standard that will provide a common language for trade and a means of measuring value in the marketing of muscadine grapes, thus promoting orderly and efficient marketing of muscadine grapes.

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule that modified the pack requirements prescribed under the Washington potato marketing order. The marketing order regulates the handling of Irish potatoes grown in Washington, and is administered locally by the State of Washington Potato Committee (Committee). This rule continues in effect the action that modified the pack requirements to allow handlers to ship U.S. No. 2 grade potatoes in cartons to better meet buyer needs. Prior to this action, only potatoes grading U.S. No. 1 or better, or potatoes failing to grade U.S. No. 1 only because of internal defects, were allowed to be shipped in cartons. The relaxation in pack requirements will help maximize producer returns.

This rule establishes final free and restricted percentages for domestic inshell hazelnuts for the 2005-2006 marketing year under the Federal marketing order for hazelnuts grown in Oregon and Washington. The final free and restricted percentages are 11.4388 and 88.5612 percent, respectively. The percentages allocate the quantity of domestically produced hazelnuts which may be marketed in the domestic inshell market (free) and the quantity of domestically produced hazelnuts that must be disposed of in outlets approved by the Board (restricted). Volume regulation is intended to stabilize the supply of domestic inshell hazelnuts to meet the limited domestic demand for such hazelnuts with the goal of providing producers with reasonable returns. This rule was recommended unanimously by the Hazelnut Marketing Board (Board), which is the agency responsible for local administration of the marketing order.