[Federal Register Volume 59, Number 200 (Tuesday, October 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25670]
[[Page Unknown]]
[Federal Register: October 18, 1994]
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Part III
Department of Agriculture
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Agricultural Marketing Service
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7 CFR Part 52
United States Standards for Grades of Tomato Sauce; Final Rule
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 52
[FV-92-326]
United States Standards for Grades of Tomato Sauce
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: In response to a petition from the Indiana Food Processors
Association, Incorporated (IFPA), now part of Mid-America Food
Processors Association, and petitions from Escalon Packers,
Incorporated, and Heinz, U.S.A., the Agricultural Marketing Service
(AMS) has revised the United States Standards for Grades of Tomato
Sauce. The final rule will change the U.S. grade standards for tomato
sauce by: changing the product description to include the provision
allowing tomato sauce to be made from tomato paste; redesignating the
quality level for ``U.S. Grade C'' as ``U.S. Grade B,'' redefining good
consistency in U.S. Grade A and redefining reasonably good consistency
in U.S. Grade B; replacing dual grade nomenclature with single letter
grade designations; providing for the use of other USDA approved
methods or devices to determine the color of tomato sauce; objectively
defining the quality factor for ``defects''; removing Sec. 52.2381,
Score sheet for tomato sauce; and making minor editorial changes.
EFFECTIVE DATE: November 17, 1994.
FOR FURTHER INFORMATION CONTACT: James R. Rodeheaver, Processed
Products Branch, Fruit and Vegetable Division, Agricultural Marketing
Service, U.S. Department of Agriculture, Room 0709, South Building,
P.O. Box 96456, Washington, DC 20090-6456, Telephone (202) 720-4693.
SUPPLEMENTARY INFORMATION: This rule is exempt from Executive Order
12866 review.
Pursuant to the requirements set forth in the Regulatory
Flexibility Act, Public Law 96-354 (5 U.S.C. 601 et seq.), the
Administrator, Agricultural Marketing Service, has certified that this
action will not have a significant economic impact on a substantial
number of small entities. It will not result in an annual effect on the
economy of $100 million or more. There will be no major increase in
cost or prices for consumers; individual industries, Federal, State, or
local government agencies; or geographic regions. It will not result in
significant effects on competition, employment, investments,
productivity, innovations, or the ability of United States-based
enterprises to compete with foreign-based enterprises in domestic or
export markets. In addition, under the Agricultural Marketing Act of
1946, the use of these standards is voluntary. A small entity may avoid
incurring any additional economic impact by not employing the
standards.
This final rule has been reviewed under Executive Order 12778,
Civil Justice Reform. This action is not intended to have retroactive
effect. This final rule will not preempt any State or local laws,
regulations, or policies, unless they present an irreconcilable
conflict with this rule. There are no administrative procedures which
must be exhausted prior to any judicial challenge to the provisions of
this rule.
Agencies periodically review existing regulations. An objective of
the regulatory review is to ensure that the grade standards are serving
their intended purpose, the language is clear, and the standards are
consistent with AMS policy and authority.
The United States Department of Agriculture (USDA) received a
petition from the Indiana Food Processors Association, Incorporated
(IFPA) now part of Mid-America Food Processors Association, requesting
that the U.S. grade standards for tomato sauce be revised. IFPA wanted
the grade standards to reflect newer tomato varieties, harvesting and
processing techniques, and procedures leading to improvements in the
quality of tomato sauce. Escalon Packers, Incorporated (Escalon,
California), and Heinz, U.S.A. (Pittsburgh, Pennsylvania) requested
similar changes in the grade standards.
Tomatoes used for processing were large core tomato varieties when
the currently effective U.S. grade standards were last amended (October
1960). The large core tomato varieties were slightly higher in natural
tomato solids (solids largely made up of soluble sugars, fruit acids,
and mineral salts), but lacked the consistency found in recently
developed coreless tomatoes.
Since these grade standards were last revised, it has become a
common practice to manufacture tomato sauce from tomato paste as well
as directly from tomatoes for processing. USDA has changed the product
description for tomato sauce to include provisions for both processing
practices.
The quality levels in the current grade standards are designated as
``U.S. Grade A'' and ``U.S. Grade C.'' Most other U.S. grade standards
with two quality levels, such as tomato juice, are designated as ``U.S.
Grade A'' and ``U.S. Grade B.'' This revision will change the grade
designation of ``U.S. Grade C'' to ``U.S. Grade B'' in the grade
standards for tomato sauce.
IFPA stated in their petition that over the last ten years, new
manufacturing techniques and procedures and new hybrid tomato varieties
have provided processors the ability to produce tomato sauce with a
higher consistency (resistance of a fluid to deformation i.e., apparent
viscosity). In the marketplace, consumers have indicated a purchasing
preference for higher consistency tomato sauce. IFPA believed that U.S.
Grade A should include the higher consistency requirements that
consumers prefer. In their petition, they specified what those
requirements for consistency should be.
Although the consistency of tomato sauce is affected by the mix of
ingredients permitted in the product, it is known that texture and
consistency of the tomatoes, as a principle ingredient, have improved
the quality characteristics of tomato sauce.
Presently, tomato sauce consistency is based on Bostwick
consistometer readings which measure the distance a specific volume of
tomato sauce flows on the level plane of the consistometer. And
consistency represents the resistance of the sauce to flow and the
tendency of the liquid portion to separate from the insoluble solids
portion. Low consistency sauce flows farther than high consistency
sauce. Score points are assigned according to the consistometer
readings, expressed in centimeters, and the measurement of apparent
free liquid.
The USDA agrees that the quality of tomato sauce will be correctly
represented if higher consistency or ``thicker'' sauce is assigned a
higher score and lower consistency or ``thinner'' sauce is assigned a
lower score when consumer preference for thicker sauce prevails in the
marketplace.
In the current grade standards the minimum requirements (maximum
flow limits) for consistency in U.S. Grade A and U.S. Grade C are 14
centimeters and 18 centimeters respectively, measured by the Bostwick
consistometer. IFPA recommended these values be reduced to 11
centimeters for Grade A and 15 centimeters for U.S. Grade C. Others
have indicated that the range for U.S. Grade A should be 12 centimeters
or less.
Heinz, U.S.A., a major food service distributor of tomato sauce,
also petitioned for changing the consistency range for tomato sauce
from the 8 to 14 centimeter range, citing that current grade standards
do not reflect the higher consistency ranges attainable through tomato
genetics and development of newer varieties. They requested a range of
4 to 10 centimeters for U.S. Grade A for food service use, and a range
of more than 10 to not more than 15 centimeters for U.S. Grade C (which
is now designated as Grade B). Escalon Packers, Incorporated
recommended similar ranges. USDA proposed a consistency range of 4.0
centimeters to 12.0 centimeters for U.S. Grade A tomato sauce, and a
range for U.S. Grade B of less than 4.0 centimeters but not less than
3.0 centimeters or more than 12.0 centimeters but not more than 15.0
centimeters. The higher consistency (lower centimeter value) tomato
sauce will receive the higher score points in U.S. Grade A. The
consistency ranges for both U.S. Grade A and U.S. Grade B were
determined based on the consistency range of tomato sauce currently
available in the marketplace, review of purchasing specifications, and
review of industry processing practices. These revised consistency
ranges for the two grades in the U.S. grade standards reflect current
processing and marketing practices and represent quality levels that
can be produced from the use of newer varieties of processing tomatoes.
In addition to the recommendations submitted by IFPA, this final
rule replaces dual grade nomenclature with single letter designations.
Under this revision, ``U.S. Grade A'' (or ``U.S. Fancy'') and ``U.S.
Grade C'' (or ``U.S. Standard'') will become ``U.S. Grade A'' and
``U.S. Grade B'', respectively.
This revision also provides for the use of other methods or devices
other than Munsell color discs to determine color. These methods or
devices must be approved by USDA and must give results equivalent to
the assigned combinations of Munsell color discs for the respective
grades.
Some members of the tomato sauce industry recommended that USDA
provide a more objective method to evaluate ``defects'' in tomato
sauce. In response, USDA set specific tolerances for peel, dark brown
and black specks, and whole seeds based on 100 grams (3.5 oz) spread
over a specified area of at least 968 square centimeters (150 sq in).
Also, this final rule will remove Sec. 52.2381, ``Score sheet for
tomato sauce'', from the U.S. grade standards. Reformatting or amending
the tomato sauce score sheet is a time consuming process that can be
facilitated by editing the score sheet as a document not incorporated
in the grade standards. This change is consistent with the format for
recently revised grade standards.
This revision includes minor editorial changes and provides a
uniform format consistent with recent revisions of other U.S. grade
standards. In addition, this format has been designed to provide
industry personnel and agricultural commodity graders with simpler and
more comprehensive standards.
Definitions of terms and easy-to-read tables have been incorporated
to assure a better understanding and uniform application of the
standards.
Proposed Rule
The proposal to revise the U.S. Standards for Grades of Tomato
Sauce was published in the Federal Register on September 7, 1993 (58 FR
47071) with a sixty-day comment period. The comment period closed on
November 8, 1993. There were no public comments received during the
comment period. However, USDA received a comment from Stanislaus Food
Products, Modesto, California, after the comment period closed.
Stanislaus is a major producer and distributor of tomato sauce and
other tomato products produced directly from fresh tomatoes. In their
comment, which has been included in the public record, the company
urged, in the interest of accurate labeling of all finished tomato
products, that AMS either exclude from the standard tomato sauce made
from tomato concentrate or require such product be prominently labeled
as made from tomato concentrate.
In support of this view, Stanislaus described differences in
manufacturing processes. Stanislaus also stated in making sauce from
paste and from slightly concentrated tomatoes that ``AMS itself
recognizes the quality differences between traditional and
`remanufactured' tomato products.'' The company cited AMS exclusion of
``remanufactured'' products from the AMS October 1992 invitation to buy
concentrated crushed tomatoes for use in the Child Nutrition (CN)
Program (Invitation FV-982, No. 31) as evidence to support their view.
Stanislaus also stated that remanufactured tomato sauce cannot be
graded under the existing AMS grade standards indicating that the
current standards were drafted by USDA before the advent of
``remanufacturing.''
AMS does not find the arguments of Stanislaus Food Products
persuasive. The quality requirements in the 1992 AMS solicitation were
amended shortly after the initial announcement, (Amendment No. 2) to
Invitation No. 31, to allow bids for concentrated crushed tomatoes made
from tomato concentrate if certain criteria were met. While Stanislaus
is correct in stating that when the current grade standards were
promulgated tomato sauce was rarely made from tomato concentrates, and
that the product description in the current grade standards does not
include the manufacture of sauce from paste, Stanislaus fails to
acknowledge that it has been common industry practice for more than
twenty years to manufacture tomato sauce from tomato concentrate. There
are, moreover, distinct advantages to allowing the grade standards to
include sauce made from paste. These include, as Stanislaus notes,
economic benefits in storing and shipping tomato concentrates for
production of tomato sauce as compared to storing and shipping diluted
tomato products or tomato sauce made from slightly concentrated
tomatoes.
USDA believes that consumers, by reading the ingredients statement
on the label, can differentiate remanufactured tomato sauce from tomato
sauce made directly from tomatoes. When tomato sauce is remanufactured
from tomato concentrates, the ingredient statement must include
language similar to: ``Ingredients: Tomato concentrate (water, and
tomato paste), salt, onion powder, garlic powder, citric acid, and
natural flavors, etc.'' If the tomato sauce is made directly from
tomatoes, the ingredient statement must include language similar to:
``Ingredients: tomatoes, salt, dehydrated onions, dehydrated garlic,
spices, and natural flavorings, etc.''
USDA further believes that, to the extent there is an interest in
requiring especially prominent labeling of tomato sauce as made from
fresh tomatoes or concentrate, the proper regulatory medium would be
the Standards of Identity for tomato products or changes in the
labeling regulations promulgated by the Food And Drug Administration
(FDA). USDA is aware that FDA received a petition (Docket No. 90P-0430)
to modify existing FDA labeling regulations to address products made
from ``remanufactured ingredients.'' FDA has stated in the public
record (58 FR 2406) that some of the issues discussed in the petition
concerning remanufactured ingredients are undergoing FDA review and
indicated it plans to take appropriate action.
Based on the foregoing considerations, USDA has concluded that to
exclude from the grade standards tomato sauce made from remanufactured
ingredients would be an inappropriate use of the grade standards which
could impede the marketing of tomato sauce and other tomato products,
raising costs to consumers while providing few, if any, offsetting
benefits.
A copy of the proposed rule was provided to the Agricultural
Research Service (ARS) for help in identifying studies, monographs,
data collection or other information relevant to the possible effect of
the proposed revision on pesticide use. ARS reported they were not
aware of any published material specifically relevant to the effects of
pesticides on the ``cosmetic appearance'' of tomatoes. ARS did note,
``however, pesticide-treated fruit are likely to be generally more
blemish-free than tomatoes not treated with pesticides.'' ARS attached
research information on the effects of pesticides on carotenes in
squash and carrots suggesting that these results may be applicable to
tomato (although ARS was unaware of specific similar research for
tomatoes). The literature indicated that soil fumigants Telone or
Nemagone increased the carotene content of carrots.
The carotene contents of Danvers and Chantenay carrots grown in
soil treated with herbicides Linuron or CIPC and that of Butternut
squash grown in soil treated with Amiben and Dinoseb were significantly
higher than the carotene content of control vegetables. Herbicide
treatment did not affect the carotene content of Hubbard squash or that
of two spinach varieties (Sweeney and Marsh, 1971).
ARS further stated that the characteristics of the tomato fruit
related to processing are largely controlled by genetics and are
reflected in new processing tomato varieties.
Final Rule
Upon review of all the background information and comments
collected during the rulemaking process, USDA determined that this
final rule for the United States Standards for Grades of Tomato Sauce
appearing after this preamble should be published in the Federal
Register and become effective 30 days after publication.
The USDA has determined this final rule will facilitate trade
between processors and buyers and improve the marketing of tomato
sauce.
List of Subjects in 7 CFR Part 52
Food grades and standards, Food labeling, Frozen foods, Fruit
juices, Fruits, Reporting and recordkeeping requirements, Vegetables.
For the reasons set forth in the preamble, the U.S. Department of
Agriculture proposes to amend 7 CFR part 52 as follows:
PART 52--PROCESSED FRUITS AND VEGETABLES, PROCESSED PRODUCTS
THEREOF, AND CERTAIN OTHER PROCESSED FOOD PRODUCTS
1. The authority citation for part 52 continues to read as follows:
Authority: 7 U.S.C. 1622, 1624.
2. In Subpart--United States Standards for Grades of Tomato Sauce,
Sec. 52.2371 through Sec. 52.2377 are revised to read as follows:
Subpart--United States Standards for Grades of Tomato Sauce
Sec.
52.2371 Product description.
52.2372 Definitions of terms.
52.2373 Fill of container.
52.2374 Ascertaining the grade and factors of quality.
52.2375 Allowance for defects.
52.2376 Sample unit sizes.
52.2377 Determining the grade of a lot.
Sec. 52.2371 Product description.
Tomato sauce is the concentrated product prepared from the liquid
extracted from mature, sound, whole tomatoes; the sound residue from
preparing such tomatoes for canning; the residue from partial
extraction of juice; reconstituted or remanufactured tomato paste; or
any combination of these ingredients to which is added salt and spices.
One or more nutritive sweetening ingredients, a vinegar or vinegars,
onion, garlic, or other vegetable flavoring ingredients may be added.
The food is preserved by heat sterilization (canning), refrigeration,
or freezing. When sealed in a container to be held at ambient
temperatures, it is so processed by heat, before or after sealing, as
to prevent spoilage. The refractive index of the tomato sauce at 20
degrees Celsius is not less than 1.3455.
Sec. 52.2372 Definitions of terms.
(a) Color means the amount of red in the tomato sauce as determined
by comparing the color of the product with that produced by spinning a
combination of the following Munsell color discs:
Disc 1-Red (5R 2.6/13) (glossy finish);
Disc 2-Yellow (2.5YR 5/12) (glossy finish);
Disc 3-Black (N1) (glossy finish); and
Disc 4-Gray (N4) (mat finish).
Any other method or device approved by the USDA which gives
equivalent results may be used.
(1) Good color means the color typical of tomato sauce that
contains as much or more red than that produced by spinning the
specified Munsell color discs in the following combinations or an
equivalent of such composite color:
65 percent of the area of Disc 1;
21 percent of the area of Disc 2; and
14 percent of the area of Disc 3 or Disc 4, or 7 percent of the
area of Disc 3 and 7 percent of the area of Disc 4, whichever most
nearly matches the reflectance of the tomato sauce.
(2) Reasonably good color means the color typical of tomato sauce
that contains as much or more red than that produced by spinning the
specified Munsell color discs in the following combinations or an
equivalent of such composite color:
53 percent of the area of Disc 1;
28 percent of the area of Disc 2; and
19 percent of the area of either Disc 3 or 4, or 9\1/2\ percent of
the area of Disc 3 and 9\1/2\ percent of the area of Disc 4, whichever
most nearly matches the reflectance of the tomato sauce.
(b) Consistency means the resistance of the tomato sauce to
deformation or resistance to flow i.e., apparent viscosity and the
tendency to hold its liquid portion in suspension.
(1) Good consistency means the tomato sauce is not excessively
stiff, and flows not less than 4.0 cm nor more than 12.0 cm in 30
seconds at 20 degrees Celsius in the Bostwick consistometer. After
placing a tablespoon of tomato sauce on a shallow tray and observing
the separation of free liquid for 2 minutes, there shall be no more
than 5 mm (\3/16\ in) separation. The higher consistency tomato sauce
will receive the higher score points.
(2) Reasonably good consistency means the tomato sauce is not
excessively stiff, flows less than 4.0 cm but not less than 3.0 cm or
flows more than 12.0 cm but not more than 15.0 cm in 30 seconds at 20
degrees Celsius in the Bostwick consistometer. After placing a
tablespoon of tomato sauce on a shallow tray and observing the
separation of free liquid for 2 minutes, there shall be no more than 10
mm (\3/8\ in) separation. Within these two ranges, tomato sauce
approaching ``good consistency'' will receive the higher score points.
(c) Defects mean the degree of freedom from defects such as dark
brown or black specks, whole seeds, tomato peel, core material or other
similar substances. The specific requirements for defects are included
in Table I of Sec. 52.2375. This factor is evaluated by observing a
layer of 100 g (3.5 oz) of product which is spread over a smooth white
surface area of at least 968 sq cm (150 sq in).
(1) Practically free of defects means that any defects present in
the sauce do not exceed the requirements for ``practically free'' in
Table I of Sec. 52.2375.
(2) Reasonably free of defects means that any defects present in
the sauce do not exceed the requirements for ``reasonably free'' in
Table I of Sec. 52.2375.
(d) Finish. (1) Good finish means that the product is evenly
comminuted, has uniform, smooth texture, and is free from lumps.
(2) Poor finish means that the product fails to meet the definition
of ``good finish.''
(e) Flavor and odor means the flavor and odor characteristic of
tomato sauce produced from good quality ingredients that have been
properly processed.
(1) Good flavor and odor means a good distinct flavor and odor
characteristic of good quality ingredients. Such flavor and odor is
free from scorching or any other objectionable flavor or odor.
(2) Reasonably good flavor and odor means a flavor and odor
characteristic of the ingredients in which there may be slight traces
of undesirable flavor, such as scorched, bitter, or astringent flavor,
but is free from objectionable off-flavors and odors.
Sec. 52.2373 Fill of container.
Except for frozen tomato sauce and tomato sauce packaged in
individual serving-size packages containing 56.7 grams (2 ounces) or
less, each container of tomato sauce shall be filled as full as
practicable without impairment of quality and shall occupy not less
than 90 percent of the capacity of the container.
Sec. 52.2374 Ascertaining the grade and factors of quality.
(a) The grade of tomato sauce is ascertained by considering the
factor of finish, which is not scored, and the ratings for the factors
of color, consistency, defects, and flavor and odor, which are scored.
The relative importance of each factor which is scored is expressed
numerically on the scale of 100. The maximum number of points that may
be given for each factor is:
------------------------------------------------------------------------
Factors Points
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Color........................................................ 25
Consistency.................................................. 25
Defects...................................................... 25
Flavor and odor.............................................. 25
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Total score................................................ 100
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Sec. 52.2375 Allowances for defects.
Table I
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Factors U.S. Grade A U.S. Grade B
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Finish................. Good\1\................ Good.\1\
Color.................. Good................... Reasonably good.
Score................ 21 to 25 points........ 17 to 20 points.
Consistency............ Good................... Reasonably good.
Centimeters (Bostwick). 4.0 to 12.0............ 3.0 to less than 4.0
or more than 12.0 but
less than 15.0.
Separation of free Equal to or less than 5 More than 5 mm but
liquid. mm (\3/16\ in). equal to or less than
10 mm (\3/8\ in).
Score................ 22 to 25 points........ 18 to 21 points.
Defects\2\............. Practically free....... Reasonably free.
Pieces of peel\3\ Combined total of 15 Combined total of 36
exceeding 5 mm/100 g pieces of peel and pieces of peel and
(3.5 oz) and dark dark brown or black dark brown or black
specks exceeding 1.0 specks; no dark brown specks; not more than
mm (\1/32\ in). or black specks exceed 2 dark brown or black
3.2 mm (\1/8\ in). specks exceed 3.2 mm,
no dark brown or
black specks exceed
6.5 mm (\1/4\ in).
Whole seeds/2.835 kg 1...................... 5.
(100 oz).
Overall appearance..... Not materially affected Not seriously
affected.
Score................ 21 to 25 points........ 18 to 20 points.
Flavor and odor........ Good................... Reasonably good.
Score................ 21 to 25 points........ 17 to 20 points.
Total minimum score 85 points.............. 70 points.\4\
------------------------------------------------------------------------
\1\Evenly comminuted; smooth uniform texture.
\2\Except for whole seeds, based on 100 grams (3.5 oz) of diluted well-
mixed product at 8.0 to 9.0 percent natural tomato soluble solids
(NTSS). Whole seeds, based on 2.835 kg (100 oz) of product at 8.0 to
9.0 NTSS if at least one whole seed(s) is found in a sample.
\3\Measured without unrolling.
\4\Tomato sauce which fails to meet the quality of U.S. Grade B shall be
classified as ``Substandard.''
Sec. 52.2376 Sample unit sizes.
(a) The sample unit size is the amount of product specified to be
used for inspection in 7 CFR 52.38, Table III.
(b) For Number 10 can size or larger, an optional sample unit size
of 900 g (approximately 32 oz) per container is permitted.
Sec. 52.2377 Determining the grade of a lot.
The grade of a lot of tomato sauce covered by these standards is
determined by the procedures found in the ``Regulations Governing
Inspection and Certification of Processed Fruits and Vegetables,
Processed Products Thereof, and Certain Other Processed Food Products''
(7 CFR 52.1 through 52.83).
Secs. 52.2378-52.2381 [Removed and Reserved]
3. Sections 52.2378 through 52.2381 are removed and reserved.
Dated: October 11, 1994.
Lon Hatamiya,
Administrator.
[FR Doc. 94-25670 Filed 10-17-94; 8:45 am]
BILLING CODE 3410-02-P