U.S. Standards for Grades of Apples

Published date06 May 2019
Citation84 FR 19743
Record Number2019-09013
SectionProposed rules
CourtAgricultural Marketing Service
Federal Register, Volume 84 Issue 87 (Monday, May 6, 2019)
[Federal Register Volume 84, Number 87 (Monday, May 6, 2019)]
                [Proposed Rules]
                [Pages 19743-19745]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-09013]
                ========================================================================
                Proposed Rules
                 Federal Register
                ________________________________________________________________________
                This section of the FEDERAL REGISTER contains notices to the public of
                the proposed issuance of rules and regulations. The purpose of these
                notices is to give interested persons an opportunity to participate in
                the rule making prior to the adoption of the final rules.
                ========================================================================
                Federal Register / Vol. 84, No. 87 / Monday, May 6, 2019 / Proposed
                Rules
                [[Page 19743]]
                DEPARTMENT OF AGRICULTURE
                Agricultural Marketing Service
                7 CFR Part 51
                [Document Number AMS-SC-18-0055, SC-18-330]
                U.S. Standards for Grades of Apples
                AGENCY: Agricultural Marketing Service, USDA.
                ACTION: Proposed rule.
                -----------------------------------------------------------------------
                SUMMARY: The Agricultural Marketing Service (AMS) of the Department of
                Agriculture (USDA) proposes to revise the U.S. Standards for Grades of
                Apples by removing smooth net-like russeting as a grade-determining
                factor in the U.S. Extra Fancy, U.S. Fancy, and U.S. No. 1 grades for
                Fuji apples. In addition, AMS proposes to remove obsolete references to
                the location where color standards may be examined and purchased. The
                changes will modernize the standards and meet growing consumer demand
                by providing greater marketing flexibility.
                DATES: Comments must be submitted on or before July 5, 2019.
                ADDRESSES: Interested persons are invited to submit written comments to
                the USDA, Specialty Crops Inspection Division, 100 Riverside Parkway,
                Suite 101, Fredericksburg, Virginia 22406; fax: (540) 361-1199, or at:
                www.regulations.gov. Comments should reference the dates and page
                number of this issue of the Federal Register. Comments will be posted
                without change, including any personal information provided. All
                comments received within the comment period will become part of the
                public record maintained by the Agency, and will be made available to
                the public via www.regulations.gov and at the above address during
                regular business hours.
                FOR FURTHER INFORMATION CONTACT: Contact David G. Horner at the address
                above, or at phone (540) 361-1120; fax (540) 361-1199; or, email
                [email protected]. Copies of the proposed U.S. Standards for
                Grades of Apples are available at http://www.regulations.gov. Copies of
                the current U.S. Standards for Apples are available on the AMS website
                at https://www.ams.usda.gov/grades-standards/fruits.
                SUPPLEMENTARY INFORMATION: The proposed changes exempt Fuji apples from
                smooth net-like russeting. These revisions also affect the grade
                requirements under the Export Apple Act.
                Executive Orders 12866, 13771, and 13563
                 This rule does not meet the definition of a significant regulatory
                action contained in section 3(f) of Executive Order 12866, and is not
                subject to review by the Office of Management and Budget (OMB). Because
                this rule does not meet the definition of a significant regulatory
                action, it does not trigger the requirements in Executive Order 13771.
                See OMB's Memorandum titled ``Interim Guidance Implementing Section 2
                of the Executive Order of January 30, 2017, titled `Reducing Regulation
                and Controlling Regulatory Costs' '' (February 2, 2017). 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 13175
                 This action has been reviewed in accordance with the requirements
                of Executive Order 13175, Consultation and Coordination with Indian
                Tribal Governments. The review reveals that this regulation would not
                have substantial and direct effects on Tribal governments or
                significant Tribal implications.
                Executive Order 12988
                 This rule has been reviewed under Executive Order 12988, Civil
                Justice Reform. It 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
                 The current U.S. standards provide for apples to be sorted into
                various grades, including but not limited to: U.S. Extra Fancy, U.S.
                Fancy, and U.S. No. 1. Each of these grades describes the qualities
                that must be present for apples to meet the standards. These
                descriptions also specify features that are not to be scored against
                certain varieties of apples when determining grade. AMS proposes adding
                one such specification to the U.S. standards for apples that would
                allow for smooth net-like russeting of Fuji apples in all grades.
                Smooth net-like russeting is a cosmetic defect that affects the apple
                skin but not the internal quality of the fruit. Smooth net-like
                russeting, which has been called flecking by the Pacific Northwest
                apple industry, is prevalent in the Fuji variety. U.S. apple standards
                in their current form restrict apples exhibiting an aggregate area of
                smooth net-like russeting greater than 10 percent for U.S. Extra Fancy,
                15 percent for U.S. Fancy, and 25 percent for U.S. No. 1 from meeting
                the grade requirements. The Export Apple Act regulations (7 CFR 33)
                require that apples grade at least U.S. No. 1 or U.S. No. 1 Early,
                except that apples for export to Pacific ports of Russia must grade at
                least U.S. Utility or U.S. No. 1 Hail for hail damaged apples, as
                specified in the U.S. Standards for Grades of Apples. Fuji apples that
                display smooth net-like russeting greater than the percentages allowed
                are therefore excluded from the export market due to current U.S. grade
                standards.
                 The Washington State Grade Standards for Apples (16 W.A.C. 403) do
                not consider smooth net-like russeting to be a defect for the Fuji
                variety of apple, provided that the russeting does not rise above the
                surface of the skin or is rough to the touch. Nearly three-quarters of
                domestically-produced fresh apples are grown in Washington and
                represent more than 90 percent of apples in the export market. Revising
                the U.S. apple grade standards to exclude scoring of smooth net-like
                russeting on Fuji apples as a quality defect, as specified in the
                Washington State standards, will promote consistency across the apple
                market and remove barriers to the export market for growers of the Fuji
                variety.
                [[Page 19744]]
                 In December 2016 the Northwest Horticultural Council (NHC)
                petitioned AMS to remove the requirement for scoring smooth net-like
                russeting from the U.S. Standards for Grades of Apples for the Fuji
                variety. In response, AMS asked the NHC to provide justification and
                evidence of industry support, which they did in a memorandum submitted
                in April 2018. The NHC provided research claiming that Fuji apples have
                a propensity for smooth net-like russeting, which does not negatively
                affect the internal quality of the fruit. In addition, the NHC stated
                the revision would partially harmonize the U.S. apple standards with
                the Washington State apple standards, and help prevent sound Fuji
                apples from being rejected in domestic and international markets. The
                NHC petition was supported by the Washington Apple Commission, Idaho
                Apple Commission, California Apple Commission, and many other apple
                organizations. AMS conducted research on the proposal by meeting with
                Washington State and industry personnel in November 2018. Based on
                available data, AMS concluded that exempting Fuji apples from scoring
                smooth net-like russeting as a quality defect will provide the industry
                with greater flexibility, and align the standards with current state
                and industry practices.
                 In addition, AMS proposes to remove obsolete references to the
                location where color standards may be examined and purchased.
                 AMS proposes to make the following revisions to the U.S. Standards
                for Grades of Apples:
                 Sec. 51.300 U.S. Extra Fancy: Revised to exempt the Fuji
                variety from scoring of smooth net-like russeting as a defect.
                 Sec. 51.301 U.S. Fancy: Revised to exempt the Fuji
                variety from scoring of smooth net-like russeting as a defect.
                 Sec. 51.302 U.S. No. 1: Revised to exempt the Fuji
                variety from scoring of smooth net-like russeting as a defect. The
                revision in the U.S. No. 1 grade will also affect the U.S. No. 1 Hail
                (Sec. 51.302 (a)) grade and the permitted combination grades (Sec.
                51.304).
                 Sec. 51.305 Color Requirements: Revised to remove
                obsolete references to the location where color standards may be
                examined and purchased.
                 The proposed rule provides a 60-day period during which interested
                parties may comment on the revisions to the standards.
                Initial Regulatory Flexibility Analysis
                 Pursuant to the requirements set forth in the Regulatory
                Flexibility Act (RFA) (5 U.S.C. 601-612), AMS has considered the
                economic impacts of the revision to the U.S. Standards for Grades of
                Apples (7 CFR 51.300-51.322). The purpose of the RFA is to structure
                regulatory actions such that small businesses will not be unduly or
                disproportionately burdened. Accordingly, AMS has prepared this initial
                regulatory flexibility analysis.
                 The proposed revision will result in a minor change to the current
                U.S. standards to allow smooth net-like russeting of the Fuji variety
                of apple. There will be little or no additional cost to implement this
                revision. The proposed change applies uniformly to all market
                participants and will not result in disproportionate additional costs
                being borne by small apple producers or other small businesses.
                 According to the Small Business Administration (SBA) (13 CFR
                121.601), the definition of a small apple producer is one whose annual
                sales are less than $750,000. Based on this definition, data from the
                2012 Agricultural Census show that at least 94 percent of farm
                operations that produce apples would be considered small. These small
                growers will not be disproportionately affected by the proposed rule as
                all changes to the standard will be applied uniformly to all market
                participants.
                 The proposal for the change to the U.S. Standards for Grades of
                Apples was submitted by the NHC, which represents apple growers,
                packers, and shippers in Washington, Oregon, and Idaho. Altogether,
                this region accounts for 75 percent of domestic fresh apple production.
                This proposal was reviewed by the U.S. Apple Association and the U.S.
                Apple Export Council. Revising the current grading standards will
                impose minimal costs on the industry. The addition of smooth net-like
                russeting to the list of features that are not scorable against Fuji
                apples in the U.S. Standards for Grades of Apples will promote
                consistency in apple grading, and allow for greater entry into export
                markets and greater price stability for the Fuji variety of apples.
                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, 7 CFR part 51 is proposed to
                be amended as follows:
                PART 51--[AMENDED]
                0
                1. The authority citation for part 51 continues to read as follows:
                 Authority: 7 U.S.C. 1621--1627.
                0
                2. Revise Sec. 51.300 to read as follows:
                Sec. 51.300 U.S. Extra Fancy.
                 ``U.S. Extra Fancy'' consists of apples of one variety (except when
                more than one variety is printed on the container) which are mature but
                not overripe, clean, fairly well formed, free from decay, internal
                browning, internal breakdown, soft scald, scab, freezing injury,
                visible watercore, and broken skins. The apples are also free from
                injury caused by bruises, brown surface discoloration, smooth net-like
                russeting, sunburn or sprayburn, limb rubs, hail, drought spots, scars,
                disease, insects, or other means. The apples are free from damage
                caused by bitter pit or Jonathan spot and by smooth solid, slightly
                rough or rough russeting, or stem or calyx cracks, as well as damage by
                invisible watercore after January 31st of the year following the year
                of production except for the Fuji variety of apples. Invisible
                watercore and smooth net-like russeting shall not be scored against the
                Fuji variety of apples under any circumstances. For the apple varieties
                listed in table I of Sec. 51.305, each apple of this grade has the
                amount of color specified for the variety. (See Sec. 51.305 and Sec.
                51.306.)
                0
                3. Revise Sec. 51.301 to read as follows:
                Sec. 51.301 U.S. Fancy.
                 ``U.S. Fancy'' consists of apples of one variety (except when more
                than one variety is printed on the container) which are mature but not
                overripe, clean, fairly well formed, and free from decay, internal
                browning, internal breakdown, soft scald, freezing injury, visible
                watercore, and broken skins. The apples are also free from damage
                caused by bruises, brown surface discoloration, russeting, sunburn or
                sprayburn, limb rubs, hail, drought spots, scars, stem or calyx cracks,
                disease, insects, bitter pit, Jonathan spot, or damage by other means,
                or invisible watercore after January 31st of the year following the
                year of production, except for the Fuji variety of apples. Invisible
                watercore and smooth net-like russeting shall not be scored against the
                Fuji variety of apples under any circumstances. For the apple varieties
                listed in table I of Sec. 51.305, each apple of this grade has the
                amount of color specified for the variety. (See Sec. 51.305 and Sec.
                51.306.)
                0
                4. Amend Sec. 51.302 by revising the introductory text to read as
                follows:
                Sec. 51.302 U.S. No. 1.
                 ``U.S. No. 1'' consists of apples which meet the requirements of
                U.S. Fancy grade except for color, russeting, and invisible water core.
                In this grade, less color is required for all varieties listed in table
                I of Sec. 51.305. Apples of this grade are free from excessive damage
                [[Page 19745]]
                caused by russeting which means that apples meet the russeting
                requirements for U.S. Fancy as defined under the definitions of
                ``damage by russeting,'' except the aggregate area of an apple which
                may be covered by smooth net-like russeting shall not exceed 25
                percent; and the aggregate area of an apple which may be covered by
                smooth solid russeting shall not exceed 10 percent: Provided, That, in
                the case of the Yellow Newtown or similar varieties, the aggregate area
                of an apple which may be covered with smooth solid russeting shall not
                exceed 20 percent; and that smooth net-like russeting shall not be
                scored against the Fuji variety under any circumstances. Each apple of
                this grade has the amount of color specified in Sec. 51.305 for the
                variety. Invisible watercore shall not be scored in this grade. (See
                Sec. 51.305 and Sec. 51.306.)
                * * * * *
                0
                5. Revise Sec. 51.305 to read as follows:
                Sec. 51.305 Color Requirements.
                 (a) In addition to the requirements specified for the grades set
                forth in Sec. Sec. 51.300 to 51.304, apples of these grades shall have
                the percentage of color specified for the variety in table I appearing
                in this section. All apple varieties other than those appearing in
                table I shall have no color requirements pertaining to these grades.
                For the solid red varieties, the percentage stated refers to the area
                of the surface which must be covered with a good shade of solid red
                characteristic of the variety: Provided, That an apple having color of
                a lighter shade of solid red or striped red than that considered as a
                good shade of red characteristic of the variety may be admitted to a
                grade, provided it has sufficient additional area covered so that the
                apple has as good an appearance as one with the minimum percentage of
                good red characteristic of the variety required for the grade. For the
                striped red varieties, the percentage stated refers to the area of the
                surface in which the stripes of a good shade of red characteristic of
                the variety shall predominate over stripes of lighter red, green, or
                yellow. However, an apple having color of a lighter shade than that
                considered as a good shade of red characteristic of the variety may be
                admitted to a grade, provided it has sufficient additional area covered
                so that the apple has as good an appearance as one with the minimum
                percentage of stripes of a good red characteristic of the variety
                required for the grade. Faded brown stripes shall not be considered as
                color.
                 (b) Color standards USDA Visual Aid APL-CC-1 (Plates a-e) consists
                of a folder containing the color requirements for apples set forth in
                this section and five plates illustrating minimum good shade of solid
                red or striped red color, minimum compensating color and shade not
                considered color, for the following 12 varieties: Red Delicious, Red
                Rome, Empire, Idared, Winesap, Jonathan, Stayman, McIntosh, Cortland,
                Rome Beauty, Delicious, and York.
                 Table 1 \1\
                 [Only the varieties listed below shall be required to meet a minimum color requirement]
                ----------------------------------------------------------------------------------------------------------------
                 U.S. extra
                 Variety fancy U.S. fancy U.S. No. 1
                 (percent) (percent) (percent)
                ----------------------------------------------------------------------------------------------------------------
                Red Delicious................................................... 66 40 25
                Red Rome........................................................ 66 40 25
                Empire.......................................................... 66 40 25
                Idared.......................................................... 66 40 25
                Winesap......................................................... 66 40 25
                Jonathan........................................................ 66 40 25
                Stayman......................................................... 50 33 25
                McIntosh........................................................ 50 33 25
                Cortland........................................................ 50 33 25
                Rome Beauty..................................................... 50 33 25
                Delicious....................................................... 50 33 25
                York............................................................ 50 33 25
                ----------------------------------------------------------------------------------------------------------------
                \1\ Variations on varietal designations listed above must meet or exceed those color requirements listed.
                 Dated: April 26, 2019.
                Bruce Summers,
                Administrator, Agricultural Marketing Service.
                [FR Doc. 2019-09013 Filed 5-3-19; 8:45 am]
                BILLING CODE 3410-02-P
                

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT