U.S. Grade Standards for Pecans in the Shell and Shelled Pecans
| Published date | 11 October 2023 |
| Record Number | 2023-22341 |
| Court | Agricultural Marketing Service,Agriculture Department |
| Section | Proposed rules |
Federal Register, Volume 88 Issue 195 (Wednesday, October 11, 2023)
[Federal Register Volume 88, Number 195 (Wednesday, October 11, 2023)]
[Proposed Rules]
[Pages 70379-70391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22341]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 51
[Doc. No. AMS-SC-21-0039]
U.S. Grade Standards for Pecans in the Shell and Shelled Pecans
AGENCY: Agricultural Marketing Service, Department of Agriculture
(USDA).
ACTION: Proposed rule.
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SUMMARY: The Agricultural Marketing Service (AMS) is proposing to
revise the U.S. Standards for Grades of Pecans in the Shell and the
U.S. Standards for Grades of Shelled Pecans by replacing the current
grades with U.S. Extra Fancy, U.S. Fancy, U.S. Choice, and U.S.
Standard grades. The proposal also includes updating terminology,
definitions, and defect scoring guides.
DATES: Comments must be submitted on or before December 11, 2023.
ADDRESSES: Interested persons are invited to submit comments to the
Standardization Branch, Specialty Crops Inspection Division, Specialty
Crops Program, Agricultural Marketing Service, U.S. Department of
Agriculture, National Training and Development Center; 100 Riverside
Parkway, Suite 101; Fredericksburg, Virginia 22406; fax: (540) 361-
1199, or via the internet at: https://www.regulations.gov. Comments
should reference the date and page numbers of this issue of the Federal
Register. All comments submitted in response to this proposed rule will
become a part of the public record and be made available to the public
including any personal information provided at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Olivia L. Banks at the address above,
or by phone (540) 361-1120; fax (540) 361-1199; or email
[email protected]. Copies of the proposed U.S. Standards for Grades
of Pecans in the Shell and U.S. Standards for Grades of Shelled Pecans
are available on the internet at https://www.regulations.gov. Copies of
the current U.S. Standards for Grades of Pecans in the Shell and U.S.
Standards of Grades of Shelled Pecans are available at https://www.ams.usda.gov/grades-standards/nuts.
SUPPLEMENTARY INFORMATION: This proposed action, pursuant to 5 U.S.C.
553, would amend regulations at 7 CFR part 51 issued under the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627), as amended.
These revisions do not affect the Federal marketing order, 7 CFR part
986, (Marketing Order 986) issued under the Agricultural Marketing
Agreement Act of 1937 (7 U.S.C. 601-674) or applicable imports.
Executive Orders 12866, 13563, and 14094
The Department of Agriculture (USDA) is issuing this proposed rule
in conformance with Executive Orders 12866, 13563, and 14094. Executive
Orders 12866 and 13563 direct agencies to assess all costs and benefits
of available regulatory alternatives and, if regulation is necessary,
to select regulatory approaches that maximize net benefits (including
potential economic, environmental, public health and safety effects,
distributive impacts, and equity). Executive Order 13563 emphasizes the
importance of quantifying both costs and benefits, reducing costs,
harmonizing rules, and promoting flexibility. Executive Order 14094
reaffirms, supplements, and updates Executive Order 12866 and further
directs agencies to solicit and consider input from a wide range of
affected and interested parties through a variety of means. This
proposed action falls within a category of regulatory actions that the
Office of Management and Budget (OMB) has exempted from review under
Executive Order 12866.
Executive Order 13175
This proposed rule has been reviewed under Executive Order 13175--
Consultation and Coordination with Indian Tribal Governments, which
requires agencies to consider whether their rulemaking actions would
have tribal implications.
AMS has determined that this proposed rule is unlikely to have
substantial direct effects on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes.
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988--
Civil Justice Reform. This proposed action is not intended to have
retroactive effect. There are no administrative procedures that must be
exhausted prior to any judicial challenge to the provisions of this
rule.
Background
AMS continually reviews fruit and vegetable grade standards to
ensure their usefulness to the industry and to modernize language.
On June 12, 2020, the American Pecan Council (APC) petitioned AMS
to revise the U.S. Standards for Grades of Pecans in the Shell and the
U.S. Standards for Grades of Shelled Pecans (standards). The APC was
established by, and is regulated under, the Federal marketing order for
the pecan industry, Marketing Order 986, and represents all 15 major
U.S. pecan-growing states.
The APC noted that the pecan standards have not been substantially
updated since 1969 and the terminology of the standards no longer
reflects current industry descriptions and practices. The National
Pecan Shellers Association (NPSA) directed the initiative to update the
standards for the APC. The APC voted unanimously to submit their
proposed revisions to the USDA. AMS and the APC have since collaborated
to refine the proposed revisions.
The changes to the standards would replace current grades with new
ones, revise scoring guides for defects, create new sizes, and revise
definitions. The
[[Page 70380]]
two current grades for pecans in the shell are U.S. No. 1 and U.S. No.
2. The six current grades for shelled pecans are U.S. No. 1 Halves,
U.S. No. 1 Halves and Pieces, U.S. No. 1 Pieces, U.S. Commercial
Halves, U.S. Commercial Halves and Pieces, and U.S. Commercial Pieces.
AMS proposes to revise both standards by replacing the current grades
with U.S. Extra Fancy, U.S. Fancy, U.S. Choice, and U.S. Standard
grades. These proposed changes represent current industry descriptions
and practices.
The proposed revisions would not affect Marketing Order 986 or
applicable imports since there are no grade, size, or quality standards
currently applied under the marketing order.
The first proposed rule was published in the Federal Register of
June 1, 2022 (87 FR 33064), inviting comments on proposed revisions to
the U.S. Standards for Grades of Pecans in the Shell and the U.S.
Standards for Grades of Shelled Pecans. The public was invited to
review and comment on the proposed rule, which was to be accompanied by
copies of the proposed standards, on https://www.regulations.gov. On
June 28, 2022, AMS noted that the proposed U.S. Standards for Grades of
Pecans in the Shell and the U.S. Standards for Grades of Shelled Pecans
failed to upload to https://www.regulations.gov, and the supporting
documents were uploaded to https://www.regulations.gov on that date. To
provide all interested persons a full 60-day comment period to view
copies of the proposed standards and facilitate review of the proposed
rule, AMS extended the public comment period by 30 days (87 FR 48091)
to September 7, 2022. In an effort to pursue clarification, and based
on the feedback USDA received during the comment period, Specialty Crop
Inspection Division (SCI) invited interested parties to meet on
February 28, 2023, and May 2, 2023, to provide an opportunity to
clarify language and discuss specific sections of the proposed
standards to ensure there are no misinterpretations on how any proposed
language would be applied before moving forward with this rulemaking.
This proposed rule also includes additional changes to align with
updated Code of Federal Regulations formatting requirements and to
correct errors that were made in the printing of the previous proposed
rule in the Federal Register.
Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601-612), AMS has considered the economic impact of
this proposed rule on small entities. Accordingly, AMS has prepared
this regulatory flexibility analysis.
The purpose of the RFA is to fit regulatory actions to the scale of
businesses subject to such actions so that small businesses will not be
unduly or disproportionately burdened.
The Small Business Administration (SBA) defines small growers
engaging in tree nut farming \1\ as those having annual receipts of no
more than $3.75 million (13 CFR 121.201).\2\ Handlers, which can be
defined as those engaging in postharvest crop activities (except
cotton-ginning),\3\ have a small business size standard of annual
receipts not exceeding $34 million, per the SBA (13 CFR 121.201).\2\
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\1\ North American Industry Classification System (NAICS) Code
111335.
\2\ Version December 2022 size standards.
\3\ NAICS Code 115114.
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In the 2017 Census of Agriculture, the most recent to date, the
National Agricultural Statistics Service (NASS) reports that of the
19,008 pecan farms counted nationwide, 440 of them had annual sales
valued at $1 million or more. This means that 18,568 pecan farms, or 98
percent of the census, had annual receipts of less than $1 million. As
the threshold for meeting the definition of a small business, per the
SBA, is $3.75 million, nearly four times the $1 million maximum
reported by NASS, the portion of pecan farms that may be considered
small by the SBA standard is likely even higher than 98 percent.
According to the Census Bureau, there were 910 firms classified as
those engaging in postharvest crop activities (except cotton-ginning)
in 2017. Total sales for all 910 firms was valued at more than $6.4
billion. The Census Bureau survey \4\ which yielded these results for
2017 is the most recent to date. The APC estimates that there are 115
handlers subject to regulation under Marketing Order 986. Of these, the
APC estimates that 9 handlers have annual sales exceeding $34 million,
thus surpassing the threshold of a small business as defined by the
SBA. This means that 106 handlers, or 92 percent of the total, had
annual receipts not exceeding $34 million and would, therefore, be
designated as small per the SBA definition.
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\4\ Economic Surveys Annual Business Survey: Statistics for
Employer Firms by Industry, Sex, Ethnicity, Race, and Veteran Status
for the U.S., State, Metro Areas, Counties, and Places: 2017.
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Food grading standards provide important quality information to
buyers and sellers that contribute to the efficient marketing of
agricultural commodities. Because the proposed revisions of the
standards represent current industry grading practices, these changes
will not require any significant changes in grower or handler business
operations nor any significant industry educational effort. As the
standards are voluntary, handlers are not required to use the new terms
or make any changes. Neither large nor small handlers will incur
additional costs. No small businesses will be unduly or
disproportionately burdened.
Comments
The first proposed rule was published in the Federal Register of
June 1, 2022 (87 FR 33064), inviting comments on proposed revisions to
the U.S. Standards for Grades of Pecans in the Shell and the U.S.
Standards for Grades of Shelled Pecans. The public was invited to
review the two proposed standards in their entirety online and comment
on the proposed rule. Due to AMS technical issues, the drafts of both
standards were not immediately uploaded through the Federal Register
automated document management system for public viewing, resulting in
some commenters misinterpreting that the two standards were being
combined into a single standard, which was not AMS's intent. On August
8, 2022, AMS extended the public comment period by 30 days (87 FR
48091) to allow additional time for commenters to review both
standards. The 60-day comment period for the proposed rule, lengthened
by the 30-day extension period, ended September 7, 2022.
AMS received comments on the proposed changes to the U.S. Standards
for Grades of Pecans in the Shell and the U.S. Standards for Grades of
Shelled Pecans from 34 respondents.
Comment: Numerous comments stated that the two standards should not
be combined.
Response: Due to the technical issues described above, some
commenters misinterpreted that the two standards were being combined
into one standard, which was not AMS's intent. AMS extended the public
comment period by 30 days to allow the public additional time to review
and comment on the two separate standards once they were made
available.
Comment: Several comments stated there was no need for the
standards, that no changes should be made to the current standards,
that things should be kept simple, or that there is no need for inshell
standards.
Response: AMS acknowledges these comments. AMS pursued these
revisions in response to the APC petition to revise the U.S. Standards
for
[[Page 70381]]
Grades of Pecans in the Shell and the U.S. Standards for Grades of
Shelled Pecans. As mentioned earlier, the APC represents all 15 major
U.S. pecan-growing states.
The APC noted that the pecan standards have not been substantially
updated since 1969 and the terminology of the standards no longer
reflects current industry descriptions and practices. The APC voted
unanimously to submit their recommended revisions to the USDA. Based on
industry input, AMS has determined that the standards continue to play
an important role in U.S. pecan marketing and that they should be
preserved. The APC has provided evidence of broad-based industry
support from growers and handlers for the changes to the standards in
the petition submitted. The recommended changes will modernize the
standards to reflect current industry practices. Accordingly, AMS made
no changes to this proposed rule based on this comment.
Comment: Several comments stated that the ``application of
tolerances'' language in Sec. 51.1407 was not part of the industry's
original proposal. However, USDA currently uses a 100-count sample for
certification of pecans for export. Based on the existing sampling
procedures, the commenters acknowledged that the 100-count sample size
would be acceptable in the inshell standard.
Response: AMS acknowledges this was not in the original petition.
AMS retained the current 100-count sample size used in the inshell
standard. The 100-count sample size is not limited to export as noted
by the commenter. Accordingly, AMS made no changes to this proposed
rule based on this comment.
Comment: One commenter asked about sampling rates and tools used to
select samples. In addition, they did not agree with the process
currently used to determine the 10 smallest nuts out of 100 nuts and
suggested that the sample size should be one or two one-pound samples
without requiring the inspector to pick out the 10 smallest nuts.
Response: The petitioner did not recommend changes to Sec.
51.1402--Size classification of the current inshell standards or to the
sampling procedures. The commenter has not provided supporting
background or sufficient data to justify changes to the sample size.
Current requirements for any one of the classifications in Table 1 of
Sec. 51.1404--Size classification state the lot must conform to both
the specified number of nuts per pound and the weight of the 10
smallest nuts per 100-nut sample. Sampling guidelines and tools are
described in inspection manuals which are available at https://www.ams.usda.gov/grades-standards/nuts. Accordingly, AMS made no
changes to this proposed rule based on this comment.
Comment: One commenter expressed concern with Sec. 51.1406--
Tolerances of the June 2022 proposed inshell standards, stating that a
processor could sell product with 12 percent of the kernels having
serious damage and 6 percent of the product being rancid, moldy,
decayed, or injured by insects. On a 30-pound case, the standard size
case used in commerce, that would mean that 3.6 pounds could be sold
with serious defects, including rancid, moldy product.
Response: AMS disagrees. The percentages referenced in this
proposed section for inshell pecans are based on sample size by count,
not container size by weight. These tolerances would apply to U.S.
Extra Fancy, U.S. Fancy, and U.S. Choice grades, and would allow for 12
percent total defects for kernels, including not more than 7 percent
for kernels which are seriously damaged, provided that not more than 6
percent are rancid, moldy, decayed, or injured by insects. This
proposed restrictive tolerance limits the percent of rancid, moldy, or
decayed pecans to 6 percent. Accordingly, AMS made no changes to this
proposed rule based on this comment.
Comment: One commenter stated that they did not support the
proposed revisions to the inshell pecan standards, stating that a small
number of shellers control the market. Further, they stated that the
revision would automatically put almost the entirety of the U.S. pecan
crop in the bottom half of the quality grades. They additionally stated
that it is rare that any one-pound sample of inshell pecans would ever
be completely ``free from damage by any cause,'' and they are concerned
that the proposed revisions will negatively impact U.S. pecan growers.
Response: AMS is revising these voluntary standards based on a
petition from the APC. AMS reviewed this request and determined it had
merit. AMS finds that the proposed revisions should improve the
marketing of pecans in the United States and internationally by
modernizing language to more accurately reflect product currently
available, including the addition of higher quality options to meet
customer preferences. Regarding the concerns surrounding the ``free
from damage by any cause'' language, this does not mean free from
defects, or that any amount of blemishes would fail the lot. The term
``damage'' is defined in the proposed inshell standards in Sec.
51.1416. This section provides a listing of defects, including the
severity and scoring criteria. The tolerances provided in Sec.
51.1406--Tolerances apply to U.S. Extra Fancy, U.S. Fancy, U.S. Choice,
and U.S. Standard grades; are based on a composite sample by count, not
by weight; and allow for percentage totals for defects based on the
grade being applied. Accordingly, AMS made no changes to this proposed
rule based on this comment.
Comment: Several commenters indicated that the text in the June
2022 proposed shelled standards at Sec. 51.1433(a)(3) read ``No
requirement for uniformity of kernel,'' while it should have read ``No
requirement for uniformity of color.''
Response: AMS recognizes this typographical error in the June 2022
proposed standards and has included the corrected text in this proposed
rule.
Comment: Several comments indicated that the term ``sixteenths'' in
the size classification for pieces should be removed from the June 2022
proposed shelled standards at Sec. 51.1436(a) as all size
classifications should be described in ``sixty-fourths'' of an inch.
Response: AMS agrees with the removal of the ``sixteenths''
measurement as it was a carryover from the current standard.
Accordingly, AMS has made this change in this proposed rule.
Comment: Several comments noted the omission of language in the
June 2022 proposed shelled standards at Sec. 51.1437--Tolerances for
defects concerning the restrictive tolerance for color of kernels.
Response: AMS recognizes this typographical error in the June 2022
proposed standards and has included the missing text in the ``Extra
Fancy'' grade section of Sec. 51.1437--Tolerances for defects of this
proposed rule.
Comment: One commenter stated that they did not agree with the
proposed definitions for ``half-kernel,'' that the definitions as
proposed would allow for all product to have a portion missing and
still meet the requirements, and that there should be a limit to the
allowable amount of kernels (5 percent for Extra Fancy and 15 percent
for all other grades) with portions missing.
Response: AMS disagrees with this comment, as the proposed
definitions reflect current industry practices and have been in the
standard since 1969. However, the terms have been updated in the new
proposed standards to include definitions for both ``premiere half-
kernels'' and ``half-kernels'' to differentiate between Sec.
51.1439(a) and
[[Page 70382]]
(b) of the June 2022 proposed standard. For kernels failing to meet the
definition, the tolerances in proposed Sec. 51.1437--Tolerances for
defects would be applied. Based on clarifying conversation items 8 and
9, discussed later in this document, there has not been broad-based
support from industry for adding further limitations to these
definitions and tolerances. Accordingly, AMS has made the above-
mentioned changes to this proposed rule.
Comment: One commenter asked who would be performing the
inspections.
Response: The standards are voluntary, and inspections would
continue to be performed by federal or federal-state inspectors, at the
request of the applicant.
Comment: One commenter asked if processors/shellers will be
reimbursed for changes to boxes, literature, etc., to reflect the new
regulations' sizes and names of sizes, arguing that the cost for
changing labels would be a hinderance to processors, especially small
ones.
Response: The standards are voluntary, provide common language to
facilitate trade, and contain no marking requirements. While AMS
understands that there may be a cost associated with labeling changes,
industry use of grade and size terms is not mandated by USDA.
Accordingly, AMS made no changes to this proposed rule based on this
comment.
Comment: One commenter shared pecan size classifications used by
the pecan industry in South Africa.
Response: AMS acknowledges this comment and appreciates the
information provided.
Comment: One commenter, in order to fully understand the impact of
the proposed changes regarding new nomenclature and specifications,
asked what percentage of crop over the last five years would have been
downgraded under the proposed regs, and what percentage would have been
upgraded.
Response: Due to the voluntary nature of the U.S. standards, AMS
does not collect this data and is unable to provide this information.
Comment: One commenter stated that they did not support the
proposed revisions to the standards and did not agree with having
inshell standards at all. They stated further that creating a quality
standard for inshell product would mean that the farmer would be
penalized for minor exterior issues when the actual product was the
kernel and not the shell.
Response: The U.S. Standards for Grade of Pecans in the Shell were
originally published in 1930. This proposed revision does not create a
new U.S. Standards for Grade of Pecans in the Shell but revises the
terminology of the standards to correctly reflect current industry
practices and modernizes language to more accurately reflect product
currently available. Regarding the concerns surrounding being penalized
for minor exterior defects, the standards provide a listing of defects,
including the severity and scoring criteria, which does not mean the
product must be free from defects, or that any amount of blemishes
would fail the lot. Accordingly, AMS made no changes to this proposed
rule based on this comment.
Comment: One commenter stated that the standards should include
only three grades instead of four. They suggested the first two grades
be combined, as they are very similar. The commenter requested that the
grading process be kept simple.
Response: The proposed revisions are based on a petition from APC
to modernize the standards and are intended to improve the marketing of
pecans. AMS finds that the proposed additional grade levels should
improve the marketing of pecans in the United States and
internationally by allowing for the variation in grade level and
including the addition of higher quality options to meet customer
preferences. Accordingly, AMS made no changes to this proposed rule
based on this comment.
Comments and Issues Addressed During Clarifying Conversations
After the comment period closed, AMS reviewed the comments received
and, based on the complexity of the proposed revisions, contacted the
petitioner, APC, for clarifying conversations. AMS held these
conversations with the APC, NPSA, National Pecan Federation, Georgia
Pecan Growers Association, Oklahoma Pecan Growers Association, Texas
Pecan Growers Association, Western Pecan Growers Association, members
of the industry, and other interested parties on February 28, 2023, and
May 2, 2023. Select comments received on the proposed rule were
discussed, and issues were clarified and incorporated into the draft
standards associated with this proposed rule. Changes based on these
conversations are outlined below.
1. Inshell--Loose Extraneous or Foreign Material
In the June 2022 proposed rule, AMS proposed to retain--in proposed
Sec. Sec. 51.1400(a), 51.1401(a), 51.1402(a), and 51.1403(a)--the
current requirement for all grades of inshell pecans that they be free
of loose extraneous or foreign material. The proposed rule also
retained current tolerances for such material for each grade (0.5
percent (one-half of 1 percent) by weight for all grades), as well as
the current definition for the term loose extraneous or foreign
material, which means loose hulls, empty broken shells, or any
substance other than pecans in the shell or pecan kernels.
Due to confusion about which standard the proposed requirements
applied to, numerous commenters stated that tolerances for loose
extraneous or foreign material did not belong in the inshell standards.
On the other hand, one comment stated that limits for loose extraneous
or foreign material should be included in the inshell standards so that
large amounts of such material are not included in loads of inshell
pecans.
While not included in the original recommended language from the
APC, ``Free from loose extraneous or foreign material'' is a basic
requirement of each grade and is included in the current standards to
prevent large amounts of loose extraneous or foreign material from
entering commerce. There are restrictive tolerances set in place to
allow for a certain percentage of loose extraneous or foreign material
in each sampled load. APC originally recommended adding rocks, wood,
glass, and plastic to the definition of loose extraneous or foreign
material.
After discussions with the industry, AMS retained ``Free from loose
extraneous or foreign material'' in the proposed requirements for each
grade; retained the proposed tolerances for such material in inshell
pecans; and included the recommended additional defects in the
definition of loose extraneous or foreign material in this proposed
rule.
2. Inshell--Damage and Serious Damage
In the June 2022 proposed rule, AMS proposed requirements
pertaining to shell or kernel ``damage by any cause'' for the U.S.
Extra Fancy and U.S. Fancy grades in Sec. Sec. 51.1400 and 51.1401 and
to shell or kernel ``serious damage by any cause'' for the U.S. Choice
grade in Sec. 51.1402. No requirements pertaining to ``damage'' or
``serious damage'' defects were specified for shells or kernels for the
U.S. Standard grade in proposed Sec. 51.1403. The proposed rule
further specified in Sec. 51.1406 related tolerances for those defects
in all four grades. Finally, in proposed Sec. Sec. 51.1416 and
51.1417, AMS proposed definitions for the defects Damage and Serious
damage.
AMS later determined that the requirements for the U.S. Choice
grade
[[Page 70383]]
needed to align with those for U.S. Extra Fancy and U.S. Fancy grades,
as they are grouped together, and all have the same ``damage'' and
``serious damage'' defect tolerances in Sec. 51.1406. AMS further
determined that it was necessary to revise the proposed language for
the U.S. Standard grade in Sec. 51.1403(h) references to the
``Tolerances'' section, proposed Sec. 51.1406, to clarify that there
are not increased tolerances for the U.S. Standard grade.
APC's original petition included the language ``free from damage or
serious damage by any cause,'' while the June 2022 proposed standards
only specified ``free from damage by any cause'' for U.S. Extra Fancy
and U.S. Fancy and ``free from serious damage by any cause'' for U.S.
Choice. In discussions with AMS, the industry agreed that ``free from
damage by any cause'' is appropriate for the requirements of both the
U.S. Choice and U.S. Standard grades in Sec. Sec. 51.1402 and 51.1403,
and that the restrictive tolerance for serious damage should be
included in the ``Tolerances'' in Sec. 51.1406(a) for U.S. Extra
Fancy, U.S. Fancy, and U.S. Choice grades, and (b) for U.S. Standard
grade. Accordingly, AMS has made these changes in this proposed rule.
3. Inshell--Moisture Content
Section 51.1416 (d) of the current inshell standards provides that
kernel moisture content is not a requirement, but can be determined
upon request by the applicant. In the June 2022 proposed rule, AMS
proposed to add a new Sec. 51.1420--Kernel moisture content, to
specify that inshell pecans should have a moisture content of no more
than 6 percent, unless otherwise specified.
APC originally recommended two different moisture content limits,
one for domestic shipments (no more than 6 percent) and one for
international (import/export) shipments (no more than 4.5 percent). AMS
coordinated with APC prior to publishing the June 2022 proposed
standards and presented options for moisture content, as there cannot
be a more restrictive requirement for imported product. APC agreed that
``not more than 6 percent, unless otherwise specified'' would be
acceptable for all shipments.
Numerous comments stated that 6 percent moisture was too high. AMS
discussed with the industry at the February and May 2023 meetings
whether moisture content limits should be a requirement of grade, and
what that moisture content limit should be. The industry recommended
making moisture content limits a requirement for grade, and keeping the
language as AMS proposed. Including the language ``unless otherwise
specified'' as part of the moisture requirement allows parties to
stipulate varying moisture content limits based on intended use and
contract specifications. This additional language resolves any concern
about 6 percent moisture being too high.
Accordingly, AMS is removing proposed Sec. 51.1420--Kernel
moisture content as a standalone section, and is now proposing to add
kernel moisture content of no more than 6 percent, unless otherwise
specified, as a basic requirement for each grade of inshell pecans in
Sec. Sec. 51.1400(c), 51.1401(c), 51.1402(c), and 51.1403(c).
4. Shelled--Damage and Serious Damage
In the June 2022 proposed rule, AMS proposed requirements
pertaining to kernel ``damage by any cause'' for the U.S. Extra Fancy
and U.S. Fancy grades in Sec. Sec. 51.1430 and 51.1431, to kernel
``serious damage by any cause'' for the U.S. Choice grade in Sec.
51.1432, and no requirements pertaining to damage or serious damage for
the U.S. Standard grade in Sec. 51.1433. The June 2022 proposed rule
further specified in Sec. 51.1437 related tolerances for those defects
in the four grades. Finally, in Sec. Sec. 51.1452 and 51.1453, AMS
proposed definitions for the defects ``Damage'' and ``Serious damage.''
AMS later determined that the requirements for U.S. Choice grade,
in Sec. 51.1432(a)(6) needed to be revised to specify ``Free from
damage by any cause.'' Further, AMS determined the U.S. Standard grade
required the addition of ``Free from damage by any cause'' to Sec.
51.1433(a)(6). Additionally, AMS needed to revise Sec. 51.1433(a)(7)
references to the ``Tolerances for defects'' (Sec. 51.1437), to
clarify that there are not increased tolerances for the U.S. Standard
grade.
In discussions with AMS, the industry agreed that the language
``free from damage by any cause'' would be appropriate for the U.S.
Choice and U.S. Standard grade requirements, and that Sec.
51.1433(a)(7) needed to be updated. Accordingly, AMS added ``free from
damage by any cause'' to the U.S. Choice and U.S. Standard grades
within this proposed rule. Additionally, AMS revised Sec.
51.1433(a)(7) references to the ``Tolerances for defects'' (Sec.
51.1437).
5. Shelled--Pecan Weevil Larvae
APC originally recommended that the presence of pecan weevil larvae
be determined on a 30-pound sample (the typical size for a case of
shelled pecans), with no larvae allowed in U.S. Extra Fancy, no more
than 2 larvae in U.S. Fancy, no more than 5 larvae in U.S. Choice, and
no limit on the number of larvae in U.S. Standard. AMS's June 2022
proposed rule contained the language as recommended by APC, but upon
further review, AMS noted an additional sampling procedure would need
to be established in order to determine compliance with this
requirement. In discussions with AMS, industry agreed that the
determination of pecan weevil larvae should be part of the current
sampling process for pecan inspections and not based on an additional
30-pound sample, specifically for the presence of pecan weevil larvae.
The industry also agreed that Sec. 51.1437--Tolerances for defects for
the U.S. Extra Fancy grade should remain as proposed in the June 2022
proposed rule. Therefore, any amount of pecan weevil larvae found would
fail a lot; U.S. Fancy tolerance would allow not more than 2 pecan
weevil larvae per lot, provided that the tolerance for serious damage
is not exceeded; and U.S. Choice tolerance would allow not more than 5
pecan weevil larvae per lot, provided that the tolerance for serious
damage is not exceeded. Additionally, the number of pecan weevil larvae
found in U.S. Fancy and U.S. Choice lots would be included in the
tolerance for serious damage, not in addition to the serious damage
tolerance. The grade U.S. Standard will not specify a limit for pecan
weevil larvae, as in this case the lack of a specified limit does not
create an exemption from meeting the ``serious damage'' tolerance,
under which the defect ``pecan weevil larvae'' is scored. Accordingly,
AMS has included these changes in this proposed rule.
6. Shelled--Moisture Content
The standards currently require that all grades of shelled pecan
halves and pieces must be well dried, but no limits to moisture content
are specified in the definition of well dried in Sec. 51.1444. In the
June 2022 proposed rule, AMS proposed to require that all four grades
of shelled pecans be well dried.
APC originally recommended including the moisture content limit as
part of the definition of well dried, and AMS's proposed standards
included a moisture content limit as part of the definition but upon
further review, AMS noted that in order to make moisture content limit
a requirement, it needed to be listed in the grade requirements.
Separation of these two requirements allows moisture requirements to be
applied to the lot as a whole, and kernels not meeting the definition
of well dried can be scored on an individual basis. Industry agreed to
make moisture content limit a requirement, and that moisture should
[[Page 70384]]
be separated from the definition of well dried. Additionally, industry
agreed to keep the proposed moisture content limit as published at not
more than 4.5 percent, unless otherwise specified. Under this proposed
rule, moisture content limit would be added as a basic requirement of
each grade (Sec. 51.1430 through Sec. 51.1433). Accordingly, AMS has
included these changes in this proposed rule.
7. Shelled--Insects as Foreign Material
In the June 2022 proposed rule, AMS proposed to include ``insects''
in the definition of foreign material in Sec. 51.1450 of the shelled
pecan standards, as APC originally recommended. However, upon further
review, AMS determined that ``insects'' should be removed from the
definition of foreign material because it would create conflicting
requirements by allowing no insects as foreign material on one hand,
and specifying a tolerance for serious damage, which includes insects,
on the other. In discussions with AMS, industry agreed that ``insects''
should be removed from the definition of foreign material in Sec.
51.1451 of the new proposed standards because insects would be covered
under the tolerance for serious damage. Accordingly, AMS has included
this change in this proposed rule.
8. Shelled--Half-Kernel
In the June 2022 proposed rule, AMS proposed two definitions for
the size term Half-kernel--one that would apply to U.S. Extra Fancy
grade, and one that would apply to all other grades. This coincided
with APC's original recommendation. However, upon further review, AMS
determined that a term can only have one meaning. AMS determined
further that the proposed definition of Half-kernel for all other
grades conflicted with the proposed definition of Piece.
In discussions with the industry, AMS suggested--and the industry
agreed with-- adding the size term Premier half-kernel (Premiere
halves), which could be used only with the U.S. Extra Fancy grade, and
with updating the size definition of Piece. Accordingly, Premier half-
kernel (Premier halves) is defined in Sec. 51.1439 of this proposed
rule, with tolerances provided in the newly proposed Table 2 to Sec.
51.1435. The term Half-kernel (Halves) is defined in Sec. 51.1440 of
this proposed rule. AMS also proposes a revised size definition of
Piece in Sec. 51.1441 so that there would be no conflict with the
proposed definition of Half-kernel (Halves). Accordingly, AMS has
included these changes in this proposed rule.
9. Shelled--Size Tolerances for Pieces, Meal, and Flour
APC originally recommended having two definitions for the term
half-kernel (as discussed in item 8 of clarifying conversations). With
the addition of the new term premier halves, AMS changed the paragraph
style format in Sec. 51.1435(d) (of the June 2022 proposed standards)
into table style format (Table 2 to Sec. 51.1435) for clarity. Having
two distinct size terms for premiere halves and halves allows for each
size to be applied to the U.S. Extra Fancy grade, which allows for
greater flexibility within the standard. Tolerances for U.S. Extra
Fancy Premier Halves, U.S. Extra Fancy Halves, U.S. Fancy Halves, U.S.
Choice Halves, and U.S. Standard Halves are shown in Table 2 to Sec.
51.1435 of this proposed rule. Additionally, the industry requested
that the originally proposed tolerances of 5 percent for U.S. Extra
Fancy Premier Halves (Less than \7/8\ half-kernel) and U.S. Extra Fancy
Halves (Less than \3/4\ half-kernel) in Table 2 to Sec. 51.1435 be
increased to 10 percent. Accordingly, AMS has included this change in
this proposed rule.
10. Shelled--Size Tolerances for Pieces
APC originally recommended having the range for ``topping pieces''
be \12/64\ inch to \8/64\ inch and the range for ``granules'' be \8/64\
inch to \4/64\ inch. The June 2022 proposed standards included this
language; however, upon further review, AMS determined that additional
clarifying language needed to be added to the restrictive tolerances
for pieces in Sec. 51.1436(b)(1)-(3) to exclude topping pieces and
granules. The industry agreed with these changes. Accordingly, AMS has
included these changes in this proposed rule.
11. Shelled--Color
APC originally recommended including a color requirement and
tolerances for each grade. The June 2022 proposed standards were
published with APC's recommended language. Upon further review, AMS
determined that the proposed tolerances for kernels darker than a
specified color did not align with the minimum color for U.S. Extra
Fancy, U.S. Fancy, and U.S. Standard grades. To correct this issue, AMS
proposed to update color terms in the ``Tolerances for defects''
section for U.S. Extra Fancy (Sec. 51.1437(a)(4)-(5)), which was
changed from ``dark amber'' to ``light amber;'' and for U.S. Fancy
(Sec. 51.1437(b)(4)-(5)), from ``dark amber'' to ``amber.'' AMS
further proposed to remove ``dark amber or darker'' from the
``Tolerances for defects'' section for U.S. Standard (Sec.
51.1437(d)(3)). When discussing the issue with the industry, there was
some confusion about the application of the USDA kernel color
standards, PEC-MC-1, and whether it was a requirement of the grade.
PEC-MC-1 illustrates the color intensities implied by the terms
outlined in the ``Color classifications.'' The industry agreed with
AMS's clarification that color is indeed a requirement of the grade and
PEC-MC-1 is needed to meet the terminology in the ``Color
classifications'' section of the standards. AMS further clarified to
the industry that PEC-MC-1 is not used as a direct comparative to gauge
pecan color of the individual kernel; rather, it is used to gauge the
percentage of the varying colors of a kernel to meet the defined color
terminology within Sec. 51.1434--Color classifications of the
standards. Accordingly, AMS has included these changes in this proposed
rule.
12. Inshell and Shelled--Development
The APC petition recommended a range from minimum to maximum
development of pecan kernels in U.S. Fancy and U.S. Choice grades. The
June 2022 proposed standards included the proper method for listing
minimum kernel development requirements. AMS received comments opposing
the language that was included in the June 2022 proposed standards. AMS
clarified that the language as published meets the industry's intent
for minimum kernel development in each grade, as there are unintended
consequences when including a range in the requirements for the grade.
The industry agreed that a range from minimum to maximum kernel
development within U.S. Fancy and U.S. Choice grades would result in
unintentional classification of kernels as defects. Accordingly, AMS
will retain descriptive language from the June 2022 proposed rule,
which lists the minimum kernel development requirements of the grade
for development.
13. Inshell and Shelled--Rancidity
APC's petition explained that ``rancidity'' refers to the tendency
of the oil in a pecan kernel to become tainted as a result of oxidation
or hydrolysis. While there is no definitive measure to determine
rancidity, the tendency of the kernel to become rancid can be evaluated
by testing the kernel's peroxide and free fatty acid values. Peroxide
values should be less than 5 mEq/kg, and free fatty acid should be less
than 1 percent.
The information above was included as standalone definitions in the
June
[[Page 70385]]
2022 proposed standards. However, upon further review by AMS, it was
determined that the information would cause confusion and contradict
the scoring criteria under ``rancidity'' in Sec. 51.1417(i)--Serious
damage for inshell standards, and Sec. 51.1453(h)--Serious damage for
shelled standards. AMS suggested adding this information as a footnote
to those paragraphs instead to clarify that the analysis would not be a
requirement of grade, and that no analysis for rancidity would be
performed in determination of grade. The industry agreed to removing
the rancidity definition from the June 2022 proposed standards at Sec.
51.1419 and Sec. 51.1453, and to adding a footnote to ``rancidity'' as
a serious defect, indicating industry methods of determination. This
method would allow AMS to provide the informative language desired by
the industry without causing any confusion on how rancidity is scored.
Accordingly, AMS is retaining the defect ``rancidity,'' which shows how
rancidity is scored when pecans are distinctly rancid to taste in
paragraph (i) of proposed Sec. 51.1417--Serious damage in the
standards for inshell pecans, and in paragraph (h) of proposed Sec.
51.1453--Serious damage in the standards for shelled pecans; removing
industry's methods of determination for rancidity as a standalone
section in the June 2022 proposed rule; and adding a footnote to
``rancidity'' as a serious damage defect, to indicate industry's
methods of determination within this proposed rule.
14. Inshell and Shelled--Undeveloped
APC originally recommended a definition for the term undeveloped in
the standards for inshell pecans to clarify that undeveloped kernels
have practically no food value, or are blank (complete shell containing
no kernel). AMS included this description as a serious damage defect in
Sec. 51.1417(j) of the proposed rule. ``Undeveloped kernel'' was also
listed as a serious damage defect in the standards for shelled pecans
in proposed Sec. 51.1452, but included no further description.
Upon further review, AMS determined that the inclusion of
``undeveloped kernels'' as a serious damage defect for shelled pecans
created a conflict with the proposed definition of poorly developed
(where the kernel is full-meated in less than 25 percent of its width
and length) and asked for industry input on the definition of
undeveloped kernels for the inshell standard.
The industry determined that there was no need for the term
``undeveloped'' in the shelled pecan standard, and further stated that
the definition needed to be modified for the inshell standards to mean
undeveloped kernels which are blank (complete shell containing no
kernel).
AMS agrees that these revisions would provide greater clarity and
accordingly has revised the proposed definition of undeveloped kernel
in the list of serious damage defects for inshell pecans in Sec.
51.1417(j) to mean undeveloped kernels which are blank (complete shell
containing no kernel). Under this proposed rule, undeveloped kernels
would be scored as serious damage in all grades of inshelled pecans.
For shelled pecans, the term ``undeveloped kernel'' is not included in
the ``serious damage'' defect listing. Kernel development would only be
scored as damage in all grades of shelled pecans.
15. Inshell and Shelled--Housekeeping
Upon further review of the standards, it was determined that
additional minor housekeeping edits were needed for both standards. The
additional proposed edits are in line with edits that have been made to
other recently revised standards, and the industry agreed that the
edits are acceptable. Those edits are as follows:
Inshell pecan standards: Removal of metric conversions throughout
the standard. These conversions were not accurate and are rarely
utilized.
Shelled pecan standards: Removal of metric conversion table. This
standard did not contain any metric conversions; therefore, the table
is unnecessary.
Accordingly, AMS has included these changes in this proposed rule.
USDA has determined that this rule is consistent with and would
effectuate the purpose of the Agricultural Marketing Act of 1946.
Therefore, this rule proposes to revise the voluntary U.S. Standards
for Grades of Pecans in the Shell and the U.S. Standards for Grades of
Shelled Pecans issued under the Agricultural Marketing Act of 1946.
List of Subjects in 7 CFR Part 51
Food grades and standards, Fruits, Nuts, Reporting and
recordkeeping requirements, Vegetables.
For reasons set forth in the preamble, the Agricultural Marketing
Service proposes to amend 7 CFR part 51 as follows:
PART 51--FRESH FRUITS, VEGETABLES, AND OTHER PRODUCTS (INSPECTION,
CERTIFICATION, AND STANDARDS
0
1. The authority citation for part 51 continues to read as follows:
Authority: 7 U.S.C. 1621-1627.
0
2. Revise Subpart M--United States Standards for Grades of Pecans in
the Shell to read as follows:
Subpart M--United States Standards for Grades of Pecans in the
Shell
Sec.
Grades
Sec. 51.1400 U.S. Extra Fancy.
Sec. 51.1401 U.S. Fancy.
Sec. 51.1402 U.S. Choice.
Sec. 51.1403 U.S. Standard.
Size Classification
Sec. 51.1404 Size classification.
Kernel Color Classification
Sec. 51.1405 Kernel color classification.
Tolerances
Sec. 51.1406 Tolerances.
Application of Tolerances
Sec. 51.1407 Application of tolerances.
Sample for Grade or Size Determination
Sec. 51.1408 Sample for grade or size determination.
Definitions
Sec. 51.1409 Loose extraneous or foreign material.
Sec. 51.1410 Well cured.
Sec. 51.1411 Well developed.
Sec. 51.1412 Fairly well developed.
Sec. 51.1413 Poorly developed.
Sec. 51.1414 Uniform in color.
Sec. 51.1415 Fairly uniform in color.
Sec. 51.1416 Damage.
Sec. 51.1417 Serious damage.
Sec. 51.1418 Inedible kernels.
Subpart M--United States Standards for Grades of Pecans in the
Shell
Grades
Sec. 51.1400 U.S. Extra Fancy.
``U.S. Extra Fancy'' consists of pecans in the shell which meet the
following requirements:
(a) Free from loose extraneous or foreign material.
(b) Shells are:
(1) Uniform in color; and
(2) Free from damage by any cause.
(c) Kernels are:
(1) Well developed;
(2) Well cured;
(3) Moisture content shall be not more than 6 percent, unless
otherwise specified;
(4) Uniform in color and not darker than ``light;'' and
[[Page 70386]]
(5) Free from damage by any cause.
(d) For tolerances see Sec. 51.1406.
Sec. 51.1401 U.S. Fancy.
``U.S. Fancy'' consists of pecans in the shell which meet the
following requirements:
(a) Free from loose extraneous or foreign material.
(b) Shells are:
(1) Uniform in color; and
(2) Free from damage by any cause.
(c) Kernels are:
(1) Fairly well developed;
(2) Well cured;
(3) Moisture content shall be not more than 6 percent, unless
otherwise specified;
(4) Uniform in color;
(5) Not darker than ``light amber,'' unless specified to a lighter
color classification; and
(6) Free from damage by any cause.
(d) For tolerances see Sec. 51.1406.
Sec. 51.1402 U.S. Choice.
``U.S. Choice'' consists of pecans in the shell which meet the
following requirements:
(a) Free from loose extraneous or foreign material.
(b) Shells are:
(1) Fairly uniform in color; and
(2) Free from damage by any cause.
(c) Kernels are:
(1) Not poorly developed;
(2) Well cured;
(3) Moisture content shall be not more than 6 percent, unless
otherwise specified;
(4) Fairly uniform in color;
(5) Not darker than ``amber,'' unless specified to a lighter color
classification; and
(6) Free from damage by any cause.
(d) For tolerances see Sec. 51.1406.
Sec. 51.1403 U.S. Standard.
``U.S. Standard'' consists of pecans in the shell which meet the
following requirements:
(a) Free from loose extraneous or foreign material;
(b) Kernels well cured;
(c) Moisture content shall be not more than 6 percent, unless
otherwise specified;
(d) No requirement for fullness of kernel;
(e) No requirement for uniformity of color of shells or kernels;
(f) May contain kernels that are ``dark amber'' or darker, unless
specified to a lighter color classification; and
(g) Shells and kernels are free from damage by any cause.
(h) For tolerances see Sec. 51.1406.
Size Classification
Sec. 51.1404 Size classification.
Size of pecans may be specified in connection with the grade in
accordance with one of the following classifications. To meet the
requirements for any one of the classifications in Table 1 to this
section, the lot must conform to both the specified number of nuts per
pound and the weight of the 10 smallest nuts per 100-nut sample.
Table 1 to Sec. 51.1404
------------------------------------------------------------------------
Minimum weight of the
Size classification Number of nuts 10 smallest nuts per
per pound 100-nut sample
------------------------------------------------------------------------
Jumbo......................... 55 or less....... In each
classification, the
10 smallest nuts per
100 must weigh at
least 7% of the
total weight of the
100-nut sample.
Extra Large................... 56 to 63.........
Large......................... 64 to 77.........
Medium........................ 78 to 100........
Small......................... 101 or more......
------------------------------------------------------------------------
Kernel Color Classification
Sec. 51.1405 Kernel color classification.
(a) The skin color of the pecan kernels are described in terms of
the color classifications provided in this section. When specified to a
lighter color classification, that color may be used to describe the
lot in connection with the grade.
(1) Light means that the kernel is mostly golden color or lighter,
with not more than 25 percent of the surface darker than golden, and
none of the surface darker than light brown.
(2) Light amber means that more than 25 percent of the kernel is
light brown, with not more than 25 percent of the surface darker than
light brown, none of which is darker than medium brown.
(3) Amber means that more than 25 percent of the kernel is medium
brown, with not more than 25 percent of the surface darker than medium
brown, none of which is darker than dark brown (very dark brown or
blackish-brown discoloration).
(4) Dark amber means that more than 25 percent of the kernel is
dark brown, with not more than 25 percent of the surface darker than
dark brown (very dark brown or blackish-brown discoloration).
(b) U.S. Department of Agriculture kernel color standards, PEC-MC-
1, illustrate the color intensities implied by the terms ``golden,''
``light brown,'' ``medium brown,'' and ``dark brown'' referred to in
paragraph (a) of this section. The color standards are available at
https://www.ams.usda.gov/grades-standards.
Tolerances
Sec. 51.1406 Tolerances.
In order to allow for variations incident to proper grading and
handling in each of the foregoing grades, the following tolerances are
provided as specified:
(a) U.S. Extra Fancy, U.S. Fancy, and U.S. Choice grades:
(1) For shell defects, by count: 5 percent for pecans with damaged
shells, including therein not more than 2 percent for shells which are
seriously damaged.
(2) For kernel defects, by count: 12 percent for pecans with
kernels which fail to meet the requirements for the grade or any
specified color classification, including therein not more than 7
percent for kernels which are seriously damaged: Provided, That not
more than 6 percent shall be allowed for kernels which are rancid,
moldy, decayed, or injured by insects: Provided further, That included
in this 6 percent tolerance not more than 0.5 percent (one-half of 1
percent) shall be allowed for pecans with live insects inside the
shell.
(3) For loose extraneous or foreign material, by weight: 0.5
percent (one-half of 1 percent).
(b) U.S. Standard grade:
(1) For shell defects, by count: 10 percent for pecans with damaged
shells, including therein not more than 3 percent for shells which are
seriously damaged.
(2) For kernel defects, by count: 30 percent for pecans with
kernels which fail to meet the requirements for the grade or any
specified color classification, including therein not
[[Page 70387]]
more than 10 percent for kernels which are seriously damaged: Provided,
That not more than 7 percent shall be allowed for kernels which are
rancid, moldy, decayed, or injured by insects: Provided further, That
included in this 7 percent tolerance not more than 0.5 percent (one-
half of 1 percent) shall be allowed for pecans with live insects inside
the shell.
(3) For loose extraneous or foreign material, by weight: 0.5
percent (one-half of 1 percent).
Application of Tolerances
Sec. 51.1407 Application of tolerances.
Individual 100-count samples shall have not more than one and one-
half times a specified tolerance of 5 percent or more and not more than
double a tolerance of less than 5 percent, except that at least one
pecan which is seriously damaged by live insects inside the shell is
permitted: Provided, That the averages for the entire lot are within
the tolerances specified for the grade.
Sample for Grade or Size Determination
Sec. 51.1408 Sample for grade or size determination.
Each sample shall consist of 100 pecans. The individual sample
shall be drawn at random from a sufficient number of packages to form a
100-count composite sample. The number of such individual 100-count
samples drawn for grade or size determination will vary with the size
of the lot. When practicable, at point of packaging the sample may be
obtained from the grading belt after sorting has been completed.
Definitions
Sec. 51.1409 Loose extraneous or foreign material.
Loose extraneous or foreign material means loose hulls, empty
broken shells, rocks, wood, glass, plastic, or any substance other than
pecans in the shell or pecan kernels.
Sec. 51.1410 Well cured.
Well cured means the kernel separates freely from the shell, breaks
cleanly when bent without splintering, shattering, or loosening the
skin; and the kernel appears to be in good shipping or storage
condition as to moisture content.
Sec. 51.1411 Well developed.
Well developed means that the kernel is full-meated throughout its
width and length.
Sec. 51.1412 Fairly well developed.
Fairly well developed means that the kernel is full-meated in over
50 percent of its width and length.
Sec. 51.1413 Poorly developed.
Poorly developed means that the kernel is full-meated in less than
25 percent of its width and length.
Sec. 51.1414 Uniform in color.
Uniform in color means that the shells do not show sufficient
variation in color to detract from the general appearance of the lot
and that 95 percent or more of the kernels in the lot have skin color
within the range of one or two color classifications.
Sec. 51.1415 Fairly uniform in color.
Fairly uniform in color means that the shells do not show
sufficient variation in color to materially detract from the general
appearance of the lot and that 85 percent or more of the kernels in the
lot have skin color within the range of one or two color
classifications.
Sec. 51.1416 Damage.
Damage means any specific defect described in this section; or an
equally objectionable variation of any one of these defects, or any
other defect, or any combination of defects, which materially detracts
from the appearance or the edible or marketing quality of the
individual pecan or the general appearance of the pecans in the lot.
The following defects shall be considered as damage:
(a) Adhering hull material or dark stains affecting an aggregate of
more than 5 percent of the surface of the individual shell;
(b) Adhering material from inside the shell when firmly attached to
more than one-third of the outer surface of the kernel and contrasting
in color with the skin of the kernel;
(c) Broken shells when any portion of the shell is missing;
(d) Internal flesh discoloration of a medium shade of gray or brown
extending more than one-fourth inch lengthwise beneath the center
ridge, or any equally objectionable amount in other portions of the
kernel; or lesser areas of dark discoloration affecting the appearance
to an equal or greater extent;
(e) Kernels which are dark amber in color;
(f) Kernels which are not well cured;
(g) Kernel spots when more than one dark spot is present on either
half of the kernel, or when any such spot is more than one-eighth inch
in greatest dimension;
(h) Poorly developed kernels;
(i) Shriveling when the surface of the kernel is very conspicuously
wrinkled; and
(j) Split or cracked shells when the shell is spread apart or will
spread upon application of slight pressure.
Sec. 51.1417 Serious damage.
Serious damage means any specific defect described in this section;
or an equally objectionable variation of any one of these defects, or
any other defect, or any combination of defects, which seriously
detracts from the appearance or the edible or marketing quality of the
individual pecan. The following defects shall be considered as serious
damage:
(a) Adhering hull material or dark stains affecting an aggregate of
more than 20 percent of the individual shell;
(b) Broken shells when the missing portion of shell is greater in
area than a circle one-fourth inch in diameter;
(c) Dark discoloration of the skin which is darker than dark amber
over more than 25 percent of the surface of the kernel;
(d) Decay affecting any portion of the kernel;
(e) Insects, web, frass, or the kernel shows distinct evidence of
insect feeding on the kernel;
(f) Internal flesh discoloration of a dark shade extending more
than one-third the length of the kernel beneath the ridge, or an
equally objectionable amount of dark discoloration in other portions of
the kernel;
(g) Kernel spots when more than three dark spots on either half of
the kernel, or when any spot or the aggregate of two or more spots on
one of the halves of the kernel affects more than 10 percent of the
surface;
(h) Mold, on the surface or inside the kernel, which is plainly
visible without magnification;
(i) Rancidity \1\ when the kernel is distinctly rancid to the
taste. Staleness of flavor shall not be classed as rancidity;
(j) Undeveloped kernels which are blank (complete shell containing
no kernel); and
(k) Worm holes when penetrating the shell.
Note to Sec. 51.1417(i):
\1\ Refers to the tendency of the oil in a pecan kernel to
become tainted as a result of oxidation or hydrolysis. Industry
measures to determine the tendency of a kernel to become rancid
include testing the kernel's peroxide and free fatty acid values.
Peroxide values should be less than 5 mEq/kg and free fatty acids
acid value should be less than 1 percent. These analyses are not
performed in determination of grade.
Sec. 51.1418 Inedible kernels.
Inedible kernels means that the kernel or pieces of kernels are
rancid, moldy,
[[Page 70388]]
decayed, injured by insects or otherwise unsuitable for human
consumption.
0
3. Revise Subpart N--United States Standards for Grades of Shelled
Pecans to read as follows:
Subpart N--United States Standards for Grades of Shelled Pecans
Sec.
Grades
Sec. 51.1430 U.S. Extra Fancy.
Sec. 51.1431 U.S. Fancy.
Sec. 51.1432 U.S. Choice.
Sec. 51.1433 U.S. Standard.
Color Classifications
Sec. 51.1434 Color classifications.
Size Classifications
Sec. 51.1435 Size classifications for halves.
Sec. 51.1436 Size classifications for pieces.
Tolerances for Defects
Sec. 51.1437 Tolerances for defects.
Applications of Standards
Sec. 51.1438 Application of standards.
Definitions
Sec. 51.1439 Premier half-kernel (Premier halves).
Sec. 51.1440 Half-kernel (Halves).
Sec. 51.1441 Piece.
Sec. 51.1442 Meal and flour.
Sec. 51.1443 Well dried.
Sec. 51.1444 Well developed.
Sec. 51.1445 Fairly well developed.
Sec. 51.1446 Poorly developed.
Sec. 51.1447 Uniform in color.
Sec. 51.1448 Fairly uniform in color.
Sec. 51.1449 Uniform in size.
Sec. 51.1450 Fairly uniform in size.
Sec. 51.1451 Foreign material.
Sec. 51.1452 Damage.
Sec. 51.1453 Serious damage.
Subpart N--United States Standards for Grades of Shelled Pecans
Grades
Sec. 51.1430 U.S. Extra Fancy.
``U.S. Extra Fancy'' consists of pecan kernels which meet the
following requirements:
(a) For quality:
(1) Well dried;
(2) Moisture content shall not be more than 4.5 percent, unless
otherwise specified;
(3) Well developed;
(4) Uniform in color;
(5) Not darker than ``light;''
(6) Free from damage by any cause; and
(7) Comply with tolerances for defects (see Sec. 51.1437).
(b) For size:
(1) Uniform in size; and
(2) Conform to size classification or count specified.
Sec. 51.1431 U.S. Fancy.
``U.S. Fancy'' consists of pecan kernels which meet the following
requirements:
(a) For quality:
(1) Well dried;
(2) Moisture content shall not be more than 4.5 percent, unless
otherwise specified;
(3) Fairly well developed;
(4) Uniform in color;
(5) Not darker than ``light amber,'' unless specified to a lighter
color classification;
(6) Free from damage by any cause; and
(7) Comply with tolerances for defects (see Sec. 51.1437).
(b) For size:
(1) Uniform in size; and
(2) Conform to size classification or count specified.
Sec. 51.1432 U.S. Choice.
``U.S. Choice'' consists of pecan kernels which meet the following
requirements:
(a) For quality:
(1) Well dried;
(2) Moisture content shall not be more than 4.5 percent, unless
otherwise specified;
(3) Not poorly developed;
(4) Fairly uniform in color;
(5) Not darker than ``amber,'' unless specified to a lighter color
classification;
(6) Free from damage by any cause; and
(7) Comply with tolerances for defects (see Sec. 51.1437).
(b) For size:
(1) Fairly uniform in size; and
(2) Conform to size classification or count specified.
Sec. 51.1433 U.S. Standard.
``U.S. Standard'' consists of pecan kernels which meet the
following requirements:
(a) For quality:
(1) Well dried;
(2) Moisture content shall not be more than 4.5 percent, unless
otherwise specified;
(3) No requirement for fullness of kernel;
(4) No requirement for uniformity of color;
(5) May contain kernels ``dark amber'' or darker, unless specified
to a lighter color classification;
(6) Free from damage by any cause; and
(7) Comply with tolerances for defects (see Sec. 51.1437).
(b) For size:
(1) No uniformity in size; and
(2) Conform to size classification or count specified.
Color Classifications
Sec. 51.1434 Color classifications.
(a) The skin color of pecan kernels are described in terms of the
color classifications provided in this section. When specified to a
lighter color classification, that color may be used to describe the
lot in connection with the grade.
(1) Light means that the kernel is mostly golden color or lighter,
with not more than 25 percent of the surface darker than golden, and
none of the surface darker than light brown.
(2) Light amber means that the kernel has more than 25 percent of
the surface light brown, but not more than 25 percent of surface darker
than light brown, and none of the surface darker than medium brown.
(3) Amber means that the kernel has more than 25 percent of the
surface medium brown, but not more than 25 percent of surface darker
than medium brown, and none of the surface darker than dark brown (very
dark brown or blackish-brown discoloration).
(4) Dark amber means that the kernel has more than 25 percent of
the surface dark brown, but not more than 25 percent of surface darker
than dark brown (very dark brown or blackish-brown discoloration).
(b) U.S. Department of Agriculture kernel color standards, PEC-MC-
1, illustrate the color intensities implied by the terms ``golden,''
``light brown,'' ``medium brown,'' and ``dark brown'' referred to in
paragraph (a) of this section. The color standards are available at:
https://www.ams.usda.gov/grades-standards.
Size Classifications
Sec. 51.1435 Size classifications for halves.
The size of pecan halves in a lot may be specified in accordance
with one of the size classifications shown in Table 1 to this section.
Table 1 to Sec. 51.1435
------------------------------------------------------------------------
Size classification for halves Number of halves per pound
------------------------------------------------------------------------
Mammoth................................... 250 or less.
Junior Mammoth............................ 251-350.
Jumbo..................................... 351-450.
Large..................................... 451-550.
Medium.................................... 551-650.
Topper.................................... 651-750.
King Topper............................... 751 or more.
------------------------------------------------------------------------
In lieu of the size classifications in this table, the size of pecan
halves in a lot may be specified in terms of the number of halves or a
range of number of halves per pound. For example, ``400'' or ``600-
700.''
(a) Halves per pound.
[[Page 70389]]
The number of halves per pound shall be based upon the weight of
half-kernels after all pieces, meal and flour, shell, center wall, and
foreign material have been removed.
(b) Tolerance for count per pound.
In order to allow for variations incident to proper sizing, a
tolerance shall be permitted as follows:
(1) When an exact number of halves per pound is specified, the
actual count per pound may vary not more than 5 percent from the
specified number, and
(2) When any size classification shown in Table 1 to this section
or a range in count per pound is specified, no tolerance shall be
allowed for counts outside of the specified range.
(c) Tolerances for pieces, meal, and flour.
In order to allow for variations incident to proper sizing and
handling, tolerances are provided for pieces, meal, and flour in any
lot of halves. The tolerances, by weight, are as shown in Table 2 to
this section.
Table 2 to Sec. 51.1435
----------------------------------------------------------------------------------------------------------------
U.S. extra U.S. extra
fancy premier fancy halves U.S. fancy U.S. choice U.S. standard
halves (%) (%) halves (%) halves (%) halves (%)
----------------------------------------------------------------------------------------------------------------
Tolerances for Pieces, Meal, and
Flour:
A. Less than \7/8\ half- 10 .............. .............. .............. ..............
kernel.....................
B. Less than \3/4\ half- .............. 10 15 20 20
kernel.....................
C. Less than \1/2\ half-
kernel
(included in A.--U.S. Extra 3 3 5 5 5
Fancy Premier Halves)
(included in B.--U.S. Extra
Fancy Halves, U.S. Fancy
Halves, U.S. Choice Halves,
and U.S. Standard Halves)..
D. Less than 4/64'' 1 1 1 1 1
(included in C.)...........
----------------------------------------------------------------------------------------------------------------
Sec. 51.1436 Size classifications for pieces.
The size of pecan pieces in a lot may be specified in accordance
with one of the size classifications shown in Table 1 to this section.
Sizes are measured using a round-hole screen.
Table 1 to Sec. 51.1436
----------------------------------------------------------------------------------------------------------------
Maximum diameter (will pass through Minimum diameter (will not pass
Size classification round opening of the following through round opening of the
diameter) following diameter)
----------------------------------------------------------------------------------------------------------------
Extra-Large Pieces.................... No limitation...................... 32/64 inch.
Large Pieces.......................... 32/64 inch......................... 24/64 inch.
Halves and Pieces..................... No limitation...................... 20/64 inch.
Medium Pieces......................... 24/64 inch......................... 16/64 inch.
Small Pieces.......................... 16/64 inch......................... 12/64 inch.
Topping Pieces........................ 12/64 inch......................... 8/64 inch.
Granules.............................. 8/64 inch.......................... 4/64 inch.
----------------------------------------------------------------------------------------------------------------
In lieu of the size classifications in this table, the size of pieces in a lot may be specified in terms of
minimum diameter, or as a range described in terms of minimum and maximum diameters expressed in sixty-fourths
of an inch.
(a) Tolerances for size of pieces.
In order to allow for variations incident to proper sizing,
tolerances are provided for pieces in a lot which fail to meet the
requirements of any size specified. The tolerances, by weight, are as
follows:
(1) U.S. Extra Fancy pieces and U.S. Fancy pieces:
Not more than 15 percent of the lot may fall outside of the size
range in Table 1 to this section. Further, not more than 1 percent of
the pieces, excluding Topping Pieces and Granules, may pass through an
eight sixty-fourths of an inch round hole screen.
(2) U.S. Choice pieces:
Not more than 20 percent of the lot may fall outside of the size
range in Table 1 to this section. Further, not more than 2 percent of
the pieces, excluding Topping Pieces and Granules, may pass through an
eight sixty-fourths of an inch round hole screen.
(3) U.S. Standard pieces:
Not more than 25 percent of the lot may fall outside of the size
range in Table 1 to this section. Further, not more than 2 percent of
the pieces, excluding Topping Pieces and Granules, may pass through an
eight sixty-fourths of an inch round hole screen.
Tolerances for Defects
Sec. 51.1437 Tolerances for defects.
In order to allow for variations incident to proper grading and
handling in each of the foregoing grades, the following tolerances, by
weight, are as follows:
(a) U.S. Extra Fancy grade:
(1) No foreign material;
(2) 0.01 percent for shell, and center wall;
(3) Zero tolerance is provided for pecan weevil larvae;
(4) 3 percent for portions of kernels which are ``light amber'' or
darker color, or darker than any specified lighter color
classification, but which are not otherwise defective; and
(5) 3 percent for portions of kernels which fail to meet the
remaining requirements of the grade, including therein not more than
0.50 percent (one-half of 1 percent) for defects causing serious
damage: Provided, That any unused portion of this tolerance may be
applied to increase the tolerance for kernels which are ``light amber''
or darker color, or darker than any specified lighter color
classification.
(b) U.S. Fancy grade:
[[Page 70390]]
(1) No foreign material;
(2) 0.01 percent for shell and center wall;
(3) No more than 2 pecan weevil larvae;
(4) 5 percent for portions of kernels which are ``amber'' or darker
color, or darker than any specified lighter color classification, but
which are not otherwise defective; and
(5) 5 percent for portions of kernels which fail to meet the
remaining requirements of the grade, including therein not more than
0.50 percent (one-half of 1 percent) for defects causing serious
damage, including pecan weevil larvae: Provided, That any unused
portion of this tolerance may be applied to increase the tolerance for
kernels which are ``amber'' or darker color, or darker than any
specified lighter color classification.
(c) U.S. Choice grade:
(1) No foreign material;
(2) 0.01 percent for shell and center wall;
(3) No more than 5 pecan weevil larvae;
(4) 15 percent for portions of kernels which are ``dark amber'' or
darker color, or darker than any specified lighter color
classification, but which are not otherwise defective; and
(5) 8 percent for portions of kernels which fail to meet the
remaining requirements of the grade, including therein not more than 1
percent for defects causing serious damage, including pecan weevil
larvae.
(d) U.S. Standard grade:
(1) No foreign material;
(2) 0.01 percent for shell and center wall;
(3) 25 percent for portions of kernels which are darker than a
specified color classification, but which are not otherwise defective;
and
(4) 15 percent for portions of kernels which fail to meet the
remaining requirements of the grade, including therein not more than 1
percent for defects causing serious damage, including pecan weevil
larvae.
Application of Standards
Sec. 51.1438 Application of standards.
The grade of a lot of shelled pecans shall be determined on the
basis of a composite sample drawn at random from containers in various
locations in the lot. However, any identifiable container or number of
containers in which the pecans are obviously of a quality or size
materially different from that in the majority of containers, shall be
considered as a separate lot, and shall be sampled and graded
separately.
Definitions
Sec. 51.1439 Premier half-kernel (Premier halves).
Premier half-kernel (Premier halves) means one of the separated
halves of an entire pecan kernel with not more than one-eighth of its
original volume missing, exclusive of the portion which formerly
connected the two halves of the kernel.
Sec. 51.1440 Half-kernel (Halves).
Half-kernel (Halves) means one of the separated halves of an entire
pecan kernel with not more than one-fourth of its original volume
missing, exclusive of the portion which formerly connected the two
halves of the kernel.
Sec. 51.1441 Piece.
Piece means a portion of a kernel which is less than three-fourths
of a half-kernel, but which will not pass through a round opening four
sixty-fourths (4/64) of an inch in diameter.
Sec. 51.1442 Meal and flour.
Meal and flour means fragments of kernels which will pass through a
round opening four sixty-fourths (4/64) of an inch in diameter.
Sec. 51.1443 Well dried.
Well dried means that the portion of kernel is firm and crisp, not
pliable, or leathery.
Sec. 51.1444 Well developed.
Well developed means that the kernel is full-meated through its
width and length.
Sec. 51.1445 Fairly well developed.
Fairly well developed means that the kernel is full-meated in over
50 percent of its width and length.
Sec. 51.1446 Poorly developed.
Poorly developed means that the kernel is full-meated in less than
25 percent of its width and length.
Sec. 51.1447 Uniform in color.
Uniform in color means that 95 percent or more of the kernels in
the lot have skin color within the range of one or two color
classifications.
Sec. 51.1448 Fairly uniform in color.
Fairly uniform in color means that 85 percent or more of the
kernels in the lot have skin color within the range of one or two color
classifications.
Sec. 51.1449 Uniform in size.
Uniform in size means that, in a representative sample of 100
halves, the 10 smallest halves weigh not less than 25 percent as much
as the 10 largest halves.
Sec. 51.1450 Fairly uniform in size.
Fairly uniform in size means that, in a representative sample of
100 halves, the 10 smallest halves weigh not less than 50 percent as
much as the 10 largest halves.
Sec. 51.1451 Foreign material.
Foreign material includes rocks, wood, glass, plastic, or any
similar material. It does not include hard shell, center wall, or pecan
weevil larvae.
Sec. 51.1452 Damage.
Damage means any specific defect described in this section; or an
equally objectionable variation of any one of these defects, or any
other defect, or any combination of defects, which materially detracts
from the appearance or the edible or marketing quality of the
individual portion of the kernel or of the lot as a whole. The
following defects shall be considered as damage:
(a) Adhering material from inside the shell when attached to more
than one-fourth of the surface on one side of the half-kernel or piece;
(b) Dust or dirt adhering to the kernel when conspicuous;
(c) Internal flesh discoloration of a medium shade of gray or brown
extending more than one-fourth the length of the half-kernel or piece,
or lesser areas of dark discoloration affecting the appearance to an
equal or greater extent;
(d) Kernel which is not well dried;
(e) Kernel which is ``dark amber'' or darker color;
(f) Kernel having more than one dark kernel spot, or one dark
kernel spot more than one-eighth inch in greatest dimension;
(g) Poorly developed kernel; and
(h) Shriveling when the surface of the kernel is very conspicuously
wrinkled.
Sec. 51.1453 Serious damage.
Serious damage means any specific defect described in this section;
or an equally objectionable variation of any one of these defects, or
any other defect, or any combination of defects, which seriously
detracts from the appearance or the edible or marketing quality of the
individual portion of kernel or of the lot as a whole. The following
defects shall be considered as serious damage:
(a) Adhering material from inside the shell when attached to more
than one-half of the surface on one side of the half-kernel or piece;
(b) Any plainly visible mold;
(c) Dark kernel spots when more than three are on the kernel, or
when any dark kernel spot or the aggregate of two or more spots affect
an area of more than 10 percent of the surface of the half-kernel or
piece;
[[Page 70391]]
(d) Dark skin discoloration, darker than ``dark brown,'' when
covering more than one-fourth of the surface of the half-kernel or
piece;
(e) Decay affecting any portion of the kernel;
(f) Insects, web, or frass or any distinct evidence of insect
feeding on the kernel;
(g) Internal discoloration, which is dark gray, dark brown, or
black and extends more than one-third the length of the half-kernel or
piece; and
(h) Rancidity \1\ when the kernel is distinctly rancid to taste.
Staleness of flavor shall not be classed as rancidity.
Note to Sec. 1453(h):
\1\ Refers to the tendency of the oil in a pecan kernel to
become tainted as a result of oxidation or hydrolysis. Industry
measures to determine the tendency of a kernel to become rancid
include testing the kernel's peroxide and free fatty acid values.
Peroxide values should be less than 5 mEq/kg and free fatty acids
acid value should be less than 1 percent. These analyses are not
performed in determination of grade.
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2023-22341 Filed 10-10-23; 8:45 am]
BILLING CODE 3410-02-P
