[Federal Register Volume 85, Number 210 (Thursday, October 29, 2020)]
[Rules and Regulations]
[Pages 68421-68429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21437]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 85, No. 210 / Thursday, October 29, 2020 /
Rules and Regulations
[[Page 68421]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 51
[Document Number AMS-SC-17-0076, SC-18-327]
U.S. Standards for Grades of Grapefruit (Texas and States Other
Than Florida, California, and Arizona) and U.S. Standards for Grades of
Oranges (Texas and States Other Than Florida, California, and Arizona)
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Agricultural Marketing Service (AMS) of the U.S.
Department of Agriculture (USDA) is revising the U.S. Standards for
Grades of Grapefruit (Texas and States other than Florida, California,
and Arizona) and the U.S. Standards for Grades of Oranges (Texas and
States other than Florida, California, and Arizona). The revision will
convert the Acceptable Quality Level (AQL) tables from showing the
acceptable number of allowable defective fruit in each grade to showing
the percentage of defects permitted in each grade; revise the minimum
sample size to 25 fruit; update size classifications; remove references
to Temple oranges from the orange standards for grade; and more closely
align terminology in both grade standards with Florida and California
citrus standards.
DATES: Effective November 30, 2020.
FOR FURTHER INFORMATION CONTACT: Olivia L. Banks, USDA, Specialty Crops
Inspection Division, 100 Riverside Parkway, Suite 101, Fredericksburg,
VA 22406; by phone (540) 361-1120; fax (540) 361-1199; or, email
olivia.banks@usda.gov. Copies of the revised U.S. Standards for Grades
of Grapefruit (Texas and States other than Florida, California, and
Arizona) and U.S. Standards for Grades of Oranges (Texas and States
other than Florida, California, and Arizona) are available at https://www.ams.usda.gov/grades-standards/fruits.
SUPPLEMENTARY INFORMATION: The changes convert the AQL tables in the
U.S. Standards for Grades of Grapefruit (Texas and States other than
Florida, California, and Arizona) and the U.S. Standards for Grades of
Oranges (Texas and States other than Florida, California, and Arizona)
from showing the acceptable number of allowable defective fruit in each
grade to showing the percentage of defects permitted in each grade,
revise minimum sample size to 25 fruit, update size classifications,
remove reference to Temple orange in the orange standards for grade,
and more closely align terminology in both grade standards with Florida
and California citrus standards. These revisions also affect the grade
requirements under the marketing order (Order) Oranges and Grapefruit
Grown in Lower Rio Grande Valley in Texas, 7 CFR part 906, issued under
the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601-674) and
applicable imports.
Executive Orders 12866, 13771, and 13563
This rule falls within a category of regulatory actions that the
Office of Management and Budget (OMB) exempted from Executive Order
12866 review. Additionally, because this rule does not meet the
definition of a significant regulatory action, it does not trigger the
requirements contained 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, and
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 and would not
have 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
AMS continuously reviews fruit and vegetable grade standards to
assess their effectiveness in the industry and to modernize language.
On September 20, 2016, AMS received a request from the TVCC to
modernize the language of and clarify the Texas citrus standards by
removing outdated AQL tables. The standards were last revised in
September 2003. AMS worked closely with the TVCC throughout the
development of the proposed revisions, soliciting their comments and
suggestions about the standards through discussion drafts that outlined
the conversion from AQL tables to a defined percentage of defects
permitted in each grade. The revised percentages correspond to those
currently allowed in the AQL tables and more closely align with
California and Florida orange and grapefruit standards.
Additional revisions to the Texas grapefruit standard include
adding size 64 to the size classifications to align with sizes in the
Order; changing the minimum sample size from 33 to 25 fruit; and
changing the scoring basis for defects from a 70-size fruit to a 4\1/
8\-inch grapefruit. Revisions to the Texas orange standard also include
adding size 163 to the size classifications to align with sizes in the
Order; changing the minimum sample size from 50 to 25 fruit; changing
the scoring basis for defects from a 200-size fruit to a 2\7/8\-inch
orange; and removing Temple oranges from the standard.
AMS also conducted a grapefruit shape survey with the TVCC to
identify areas of the standards for revision in
[[Page 68422]]
order to more closely align the Texas citrus standards with those of
Florida and California. On May 23, 2018, AMS met with the TVCC to
review the proposed revisions. These efforts culminated with the TVCC
submitting a petition to AMS on June 12, 2018 to revise the U.S.
standards for Texas oranges and grapefruit as discussed and approved at
the May 2018 meeting. The revisions more closely align terminology
related to defects and grade requirements with the Florida citrus grade
standards as requested by the TVCC and align the standards with current
industry practices.
Regulatory Flexibility Act
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 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 in order that small businesses will
not be unduly or disproportionately burdened.
This rule will revise the U.S. Standards for Grades of Grapefruit
(Texas and States other than Florida, California, and Arizona) and U.S.
Standards for Grades of Oranges (Texas and States other than Florida,
California, and Arizona) that were issued under the Agricultural
Marketing Act of 1946. Standards issued under the 1946 Act are
voluntary.
There are approximately 170 producers of grapefruit and oranges in
the production area and 22 handlers subject to regulation under the
Order. Small agricultural producers are defined by the Small Business
Administration (SBA) as those having annual receipts less than
$1,000,000, and small agricultural service firms are defined as those
whose annual receipts are less than $30,000,000 (13 CFR 121.201).
According to Texas Valley Citrus Committee (TVCC) data, the average
price for Texas citrus during the 2018-19 season prices ranged from
$11.69 to $25.78 per carton. The average price was $22.23 per carton
($11.69 plus $25.78 equals $37.47, divided by 2 equals $18.74 per
carton) and total shipments were 6.6 million cartons. Using the average
price, shipment information, and number of handlers, and assuming a
normal distribution, the majority of handlers would have average annual
receipts of less than $30,000,000 ($22.23 per carton times 6.6 million
cartons equals $123.7 million, divided by 22 equals $5.6 million per
handler).
In addition, based on National Agricultural Statistics Service
information, the average Free on Board (f.o.b.) price for Texas citrus
during the 2018-19 season was approximately $33.27 per carton. Using
the average f.o.b. price, shipment information, and the number of
producers, and assuming a normal distribution, the majority of
producers would have annual receipts of $1.3 million, which is more
than $1,000,000 ($33.27 per carton times 6.6 million cartons equals
$219.6 million, divided by 170 equals $1.3 million per producer). Thus,
the majority of producers of Texas citrus may be classified as large
entities, while the majority of handlers of Texas citrus may be
classified as small entities.
This rule will convert the AQL Tables from showing the acceptable
number of allowable defective fruit in each grade to a percentage of
defects permitted in each grade, revise minimum sample size to 25
fruit, update size classifications, remove references to Temple orange
from the orange standards for grade, and more closely align terminology
in both standards for grade with Florida and California citrus
standards.
This action will make the standards more consistent with current
marketing trends and practices. This action will not impose any
additional reporting or recordkeeping requirements on small or large
orange or grapefruit producers or handlers. USDA has not identified any
Federal rules that duplicate, overlap, or conflict with this rule.
However, there are marketing programs that regulate the handling of
oranges and grapefruit under 7 CFR part 906. Oranges and grapefruit
subject to the Order must meet certain requirements set forth in the
grade standards for oranges and grapefruit.
On March 10, 2020, AMS published a Proposed Rule in the Federal
Register (85 FR 13833) soliciting comments on revisions to the U.S.
Standards for Grades of Grapefruit (Texas and States other than
Florida, California, and Arizona) and U.S. Standards for Grades of
Oranges (Texas and States other than Florida, California, and Arizona).
One comment was submitted by May 11, 2020, the closing date of the
public comment period.
The comment fully supported the revisions and commended the USDA
for taking steps to bring standardization to the grading system used
for Texas citrus, putting Texas in line with systems used in other
citrus production areas of the United States.
Based on the information gathered, AMS is revising the U.S.
Standards for Grades of Grapefruit (Texas and States other than
Florida, California, and Arizona), and U.S. Standards for Grades of
Oranges (Texas and States other than Florida, California, and Arizona).
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 amended 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.
SUBPART D--APPLICATION OF TOLERANCES
0
2. Revise the heading for subpart D to read as set forth above:
0
3. Revise Sec. 51.620 to read as follows:
Sec. 51.620 U.S. Fancy.
``U.S. Fancy'' consists of grapefruit which meet the following
requirements:
(a) Basic requirements:
(1) Discoloration: Not more than one-tenth of the surface, in the
aggregate, may be affected by discoloration. (See Sec. 51.638.);
(2) Firm;
(3) Mature;
(4) Similar varietal characteristics;
(5) Smooth texture;
(6) Well formed; and
(7) Well colored.
(b) Free from:
(1) Ammoniation;
(2) Bruises;
(3) Buckskin;
(4) Decay;
(5) Growth cracks;
(6) Scab;
(7) Skin breakdown;
(8) Sprayburn;
(9) Unhealed skin breaks; and
(10) Wormy fruit.
(c) Free from injury caused by:
(1) Green spots;
(2) Hail;
(3) Oil spots;
(4) Scale;
(5) Scars; and
(6) Thorn scratches.
(d) Free from damage caused by:
(1) Dryness or mushy condition;
(2) Insects;
(3) Sprouting;
(4) Sunburn; and
(5) Other means.
(e) For tolerances see Sec. 51.628.
0
4. Revise Sec. 51.621 to read as follows:
Sec. 51.621 U.S. No. 1.
``U.S. No. 1'' consists of grapefruit which meet the following
requirements:
[[Page 68423]]
(a) Basic requirements:
(1) Discoloration: Not more than one-half of the surface, in the
aggregate, may be affected by discoloration. (See Sec. 51.638.);
(2) Fairly smooth texture;
(3) Fairly well colored;
(4) Fairly well formed;
(5) Firm;
(6) Mature; and
(7) Similar varietal characteristics.
(b) Free from:
(1) Bruises;
(2) Caked melanose;
(3) Decay;
(4) Growth cracks;
(5) Sprayburn;
(6) Unhealed skin breaks; and
(7) Wormy fruit.
(c) Free from damage caused by:
(1) Ammoniation;
(2) Buckskin;
(3) Caked melanose;
(4) Dryness or mushy condition;
(5) Green spots;
(6) Hail;
(7) Oil spots;
(8) Scab;
(9) Scale;
(10) Scars;
(11) Skin breakdown;
(12) Sprayburn;
(13) Sprouting;
(14) Sunburn;
(15) Thorn scratches; and
(16) Other means.
(d) For tolerances see Sec. 51.628.
0
5. Revise Sec. 51.623 to read as follows:
Sec. 51.623 U.S. No. 1 Bronze.
The requirements for this grade are the same as for U.S. No. 1
except that all fruit must show some discoloration and at least 10
percent, by count, of the fruit shall have more than one-half of their
surface, in the aggregate, affected by discoloration. The predominating
discoloration on each of these fruits shall be of rust mite type. For
tolerances see Sec. 51.628.
0
6. Revise Sec. 51.624 to read as follows:
Sec. 51.624 U.S. Combination.
``U.S. Combination'' consists of a combination of U.S. No. 1 and
U.S. No. 2 grapefruit: Provided, That at least 55 percent, by count,
meet the requirements of U.S. No. 1 grade for defects, And provided
further, That the lot meets the basic requirement for discoloration as
specified in the U.S. No. 2 grade. For tolerances see Sec. 51.628.
0
7. Revise Sec. 51.625 to read as follows:
Sec. 51.625 U.S. No. 2.
``U.S. No. 2'' consists of grapefruit which meet the following
requirements:
(a) Basic requirements:
(1) Discoloration: Not more than two-thirds of the surface, in the
aggregate, may be affected by discoloration. (See Sec. 51.638.);
(2) Fairly firm;
(3) Mature;
(4) Not more than slightly misshapen;
(5) Not more than slightly rough texture;
(6) Slightly colored; and
(7) Similar varietal characteristics.
(b) Free from:
(1) Bruises;
(2) Decay;
(3) Growth cracks;
(4) Unhealed skin breaks; and
(5) Wormy fruit.
(c) Free from serious damaged caused by:
(1) Ammoniation;
(2) Buckskin;
(3) Caked melanose;
(4) Dryness or mushy condition;
(5) Green spots;
(6) Hail;
(7) Oil spots;
(8) Scab;
(9) Scale;
(10) Scars;
(11) Skin breakdown;
(12) Sprayburn;
(13) Sprouting;
(14) Sunburn;
(15) Thorn scratches; and
(16) Other means.
(d) For tolerances see Sec. 51.628.
0
8. Revise Sec. 51.626 to read as follows:
Sec. 51.626 U.S. No. 2 Russet.
The requirements for this grade are the same as for U.S. No. 2
except that at least 10 percent of the fruit shall have more than two-
thirds of their surface, in the aggregate, affected by any type of
discoloration. For tolerances see Sec. 51.628.
0
9. Revise Sec. 51.627 to read as follows:
Sec. 51.627 U.S. No. 3.
``U.S. No. 3'' consists of grapefruit which meet the following
requirements:
(a) Basic requirements:
(1) Mature;
(2) May be misshapen;
(3) May be slightly spongy;
(4) May have rough texture;
(5) May be poorly colored. Not more than 25 percent of the surface
may be of a solid dark green color;
(6) Not seriously lumpy or cracked; and
(7) Similar varietal characteristics.
(b) Free from:
(1) Decay;
(2) Unhealed skin breaks; and
(3) Wormy fruit.
(c) Free from very serious damage caused by:
(1) Ammoniation;
(2) Buckskin;
(3) Caked melanose;
(4) Dryness or mushy condition;
(5) Green spots;
(6) Hail;
(7) Oil spots;
(8) Scab;
(9) Scale;
(10) Scars;
(11) Skin breakdown;
(12) Sprayburn;
(13) Sprouting;
(14) Sunburn;
(15) Thorn scratches; and
(16) Other means.
(d) For tolerances see Sec. 51.628.
0
10. Revise Sec. 51.628 to read as follows:
Sec. 51.628 Tolerances.
In order to allow for variations incident to proper grading and
handling in each of the foregoing grades, the following tolerances, by
count, based on a minimum 25 count sample, are provided as specified.
No tolerance shall apply to wormy fruit.
(a) Defects--(1) U.S. Fancy, U.S. No. 1, U.S. No. 1 Bright, U.S.
No. 1 Bronze, U.S. No. 2, and U.S. No. 2 Russet--(i) For defects at
shipping point.1 Not more than 10 percent of the fruit in
any lot may fail to meet the requirements of the specified grade:
Provided, That included in this amount not more than 5 percent shall be
allowed for defects causing very serious damage, including in this
latter amount not more than 1 percent for decay.
(ii) For defects en route or at destination. Not more than 12
percent of the fruit in any lot may fail to meet the requirements of
the specified grade: Provided, That included in this amount not more
than the following percentages shall be allowed for defects listed:
(A) 10 percent for fruit having permanent defects; or
(B) 7 percent for defects causing very serious damage, including
therein not more than 5 percent for very serious damage by permanent
defects and not more than 3 percent for decay.
(2) U.S. Combination--(i) For defects at shipping
point.1 Not more than 10 percent of the fruit in any lot may
fail to meet the requirements of the U.S. No. 2 grade: Provided, That
included in this amount not more than 5 percent shall be allowed for
defects causing very serious damage, included in this latter amount not
more than 1 percent for decay.
(ii) For defects en route or at destination. Not more than 12
percent of the fruit in any lot may fail to meet the requirements of
the U.S. No. 2 grade: Provided, That included in this amount not more
than the following percentages shall be allowed for defects listed:
(A) 10 percent for fruit having permanent defects; or
(B) 7 percent for defects causing very serious damage, including
therein not
[[Page 68424]]
more than 5 percent for very serious damage by permanent defects and
not more than 3 percent for decay.
(iii) For defects at shipping point 1 and en route or at
destination. No part of any tolerance shall be allowed to reduce, for
the lot as a whole, the 55 percent of U.S. No. 1 fruit required in the
U.S. Combination grade, but individual samples may have not more than
15 percent less than the required percentage for the grade: Provided,
That the entire lot averages within the percentage required.
(3) U.S. No. 3--(i) For defects at shipping point.1 Not
more than 10 percent of the fruit in any lot may fail to meet the
requirements of the grade: Provided, That included in this amount not
more than 1 percent for decay.
(ii) For defects en route or at destination. Not more than 12
percent of the fruit in any lot may fail to meet the requirements of
the grade: Provided, That included in this amount not more than the
following percentages shall be allowed for defects listed:
(A) 10 percent for fruit having permanent defects; or
(B) 3 percent for decay.
(b) Discoloration--(1) U.S. No. 1, U.S. No. 1 Bright, U.S.
Combination, and U.S. No. 2. Not more than 10 percent of the fruit in
any lot may fail to meet the requirements relating to discoloration as
specified in each grade; No sample may have more than 20 percent of the
fruit with excessive discoloration: Provided, That the entire lot
averages within the percentage specified.
(2) U.S. No. 1 Bronze. At least 10 percent of the fruit shall have
more than one-half of the surface, in the aggregate, affected by
discoloration, and no part of any tolerance shall be allowed to reduce
this percentage: Provided, That the entire lot averages within the
percentage specified. No tolerance is provided for fruit showing no
discoloration.
(3) U.S. No. 2 Russet. At least 10 percent of the fruit shall have
more than two-thirds of the surface, in the aggregate, affected by
discoloration, and no part of any tolerance shall be allowed to reduce
this percentage: Provided, That the entire lot averages within the
percentage specified.
\1\ Shipping point, as used in these standards, means the point
of origin of the shipment in the producing area or at port of
loading for ship stores or overseas shipment, or, in the case of
shipments from outside the continental United States, the port of
entry into the United States.
0
11. Revise the undesignated center heading before Sec. 51.629 to read
as follows:
Application of Tolerances
0
12. Revise Sec. 51.629 to read as follows:
Sec. 51.629 Application of tolerances.
Individual samples are subject to the following limitations, unless
otherwise specified in Sec. 51.628. Individual samples shall have not
more than one and one-half times a specified tolerance of 10 percent or
more, and not more than double a specified tolerance of less than 10
percent: Provided, That at least one decayed fruit may be permitted in
any sample: And provided further, That the averages for the entire lot
are within the tolerances specified for the grade.
0
13. Revise Sec. 51.630 to read as follows:
Sec. 51.630 Standard pack.
(a) Fruits shall be fairly uniform in size, unless specified as
uniform in size. When packed in approved containers, fruit shall be
arranged according to approved and recognized methods.
(b) ``Fairly uniform in size'' means that not more than 10 percent
of fruit in any lot, and not more than double that amount in any
sample, are outside the ranges of diameters given in Table 1 to this
section:
Table 1 to Sec. 51.630 to Paragraph (b)--7/10 Bushel Carton
------------------------------------------------------------------------
Diameter in inches
Pack size/Number of grapefruit -------------------------------------
Minimum Maximum
------------------------------------------------------------------------
18................................ 4-15/16 5-9/16
23................................ 4-5/16 5
27................................ 4-2/16 4-12/16
32................................ 3-15/16 4-8/16
36................................ 3-13/16 4-5/16
40................................ 3-10/16 4-2/16
48................................ 3-9/16 3-14/16
56................................ 3-5/16 3-10/16
64................................ 3 3-8/16
------------------------------------------------------------------------
(c) ``Uniform in size'' means that not more than 10 percent of
fruit in any lot, and not more than double that amount in any sample,
may vary more than the following amounts:
(1) 32 size and smaller--not more than six-sixteenths inch in
diameter; and
(2) 27 size and larger--not more than nine-sixteenths inch in
diameter.
(d) In order to allow for variations, other than sizing, incident
to proper packing, not more than 5 percent of the packages in any lot
may fail to meet the requirements of standard pack.
0
14. Revise Sec. 51.637 to read as follows:
Sec. 51.637 Injury.
Injury means any specific defect described in Table 1 to Sec.
51.652; or an equally objectionable variation of any one of these
defects, any other defect, or any combination of defects, which
slightly detracts from the appearance, or the edible or marketing
quality of the fruit.
0
15. Revise Sec. 51.642 to read as follows:
Sec. 51.642 Damage.
Damage means any specific defect described in Table 1 to Sec.
51.652; or an equally objectionable variation of any one of these
defects, any other defect, or any combination of defects, which
materially detracts from the appearance, or the edible or marketing
quality of the fruit.
0
16. Revise Sec. 51.646 to read as follows:
Sec. 51.646 Serious damage.
Serious damage means any specific defect described in Table 1 to
Sec. 51.652; or an equally objectionable variation of any one of these
defects, any other defect, or any combination of defects, which
seriously detracts from the appearance, or the edible or marketing
quality of the fruit.
0
17. Revise Sec. 51.650 to read as follows:
Sec. 51.650 Very serious damage.
Very serious damage means any specific defect described in Table 1
to Sec. 51.652; or an equally objectionable variation of any one of
these defects, any other defect, or any combination of defects, which
very seriously detracts from the appearance, or the edible or marketing
quality of the fruit.
0
18. Revise Sec. 51.652 to read as follows:
Sec. 51.652 Classification of defects.
All references to area or aggregate area, or length in this
standard are based on a grapefruit 4\1/8\ inches in diameter, allowing
proportionately greater areas on larger fruit and lesser areas on
smaller fruit.
[[Page 68425]]
Table 1 to Sec. 51.652
----------------------------------------------------------------------------------------------------------------
Very serious
Factor Injury Damage Serious damage damage
----------------------------------------------------------------------------------------------------------------
Ammoniation..................... .................. Not occurring as Scars are cracked Aggregating more
light speck type. or dark and than 25 percent
aggregating more of the surface.
than a circle \3/
4\ inch in
diameter.
Buckskin........................ .................. Aggregating more Aggregating more Aggregating more
than a circle 1\1/ than 25 percent than 50 percent
4\ inches in of the surface. of the surface.
diameter.
Caked melanose.................. .................. .................. Aggregating more Aggregating more
than a circle 1 than 25 percent
inch in diameter. of the surface.
Dryness or mushy condition...... .................. Affecting all Affecting all Affecting all
segments more segments more segments more
than \1/4\ inch than \1/2\ inch than \3/4\ inch
at stem end, or at stem end, or at stem end, or
the equivalent of the equivalent of the equivalent of
this amount, by this amount, by this amount, by
volume, when volume, when volume, when
occurring in occurring in occurring in
other portions of other portions of other portions of
the fruit. the fruit. the fruit.
Green spots or oil spots........ More than slightly Aggregating more Aggregating more ..................
affecting than a circle 1 than a circle 1\1/
appearance. inch in diameter. 2\ inches in
diameter..
Hail............................ Not well healed, Not well healed, Not well healed, Not well healed,
or aggregating or aggregating or aggregating or aggregating
more than a more than a more than a more than a
circle \3/8\ inch circle \1/2\ inch circle \5/8\ inch circle 1 inch in
in diameter. in diameter. in diameter. diameter.
Scab............................ .................. Materially Seriously detracts Aggregating more
detracts from the from the shape or than 25 percent
shape or texture, texture, or of the surface.
or aggregating aggregating more
more than a than a circle 1
circle \3/4\ inch inch in diameter.
in diameter.
Scale........................... More than a few Blotch aggregating Blotch aggregating Aggregating more
adjacent to the more than a more than a than 25 percent
``button'' at the circle \3/4\ inch circle 1 inch in of the surface.
stem end, or more in diameter, or diameter, or
than 6 scattered occurring as a occurring as a
on other portions ring more than a ring more than a
of the fruit. circle 1\1/4\ circle 1\1/2\
inches in inches in
diameter. diameter.
Scars........................... Depressed, not Very deep or very Very deep or very Very deep or very
smooth, or rough aggregating rough aggregating rough or
detracts from more than a more than a unsightly that
appearance more circle \1/2\ inch circle 1 inch in appearance is
than the amount in diameter; deep diameter; deep or very seriously
of discoloration or rough rough aggregating affected.
permitted in the aggregating more more than 5
grade. than 1 inch in percent of the
diameter; fruit surface;
slightly rough or slight depth or
of slight depth slightly rough
aggregating more aggregating more
than 10 percent than 15 percent
of surface. of surface.
Skin Breakdown.................. .................. Aggregating more Aggregating more Aggregating more
than a circle \3/ than a circle \5/ than a circle 1\1/
8\ inch in 8\ inch in 4\ inches in
diameter. diameter. diameter.
Sprayburn....................... .................. .................. Hard or Aggregating more
aggregating more than 25 percent
than a circle 1\1/ of the surface.
4\ inches in
diameter.
Sprouting....................... .................. More than 6 seeds More than 6 seeds More than 6 seeds
are sprouted, are sprouted, are sprouted,
including not including not including not
more than 1 more than 2 more than 3
sprout extending sprouts extending sprouts extending
to the rind, to the rind, to the rind,
remainder average remainder average remainder average
not over \1/4\ not over \1/2\ not over \3/4\
inch in length. inch in length. inch in length.
Sunburn......................... .................. Skin is flattened, Skin is hard, Aggregating more
dry, darkened, or fruit is than 50 percent
hard, aggregating decidedly one- of fruit surface.
more than 25 sided,
percent of aggregating more
surface. than one-third of
surface.
Thorn scratches................. Not well healed, Not well healed, Not well healed, Aggregating more
or more unsightly hard concentrated hard concentrated than 25 percent
than thorn injury thorn injury of the surface.
discoloration aggregating more aggregating more
permitted in the than a circle \3/ than a circle \7/
grade. 4\ inch in 8\ inch in
diameter, or diameter, or
slight scratches slight scratches
aggregating more aggregating more
than a circle 1 than a circle 1\1/
inch in diameter. 4\ inches in
diameter.
----------------------------------------------------------------------------------------------------------------
[[Page 68426]]
Subpart E--APPLICATION OF TOLERANCES
0
19. Revise the heading for Subpart E to read as set forth above.
0
20. Revise Sec. 51.681 to read as follows:
Sec. 51.681 U.S. Fancy.
``U.S. Fancy'' consists of oranges which meet the following
requirements:
(a) Basic requirements:
(1) Discoloration: Not more than one-tenth of the surface, in the
aggregate, may be affected by discoloration. (See Sec. 51.700.);
(2) Firm;
(3) Mature;
(4) Similar varietal characteristics;
(5) Smooth texture;
(6) Well colored; and
(7) Well formed.
(b) Free from:
(1) Ammoniation;
(2) Bruises;
(3) Buckskin;
(4) Caked melanose;
(5) Creasing;
(6) Decay;
(7) Growth cracks;
(8) Scab;
(9) Skin breakdown;
(10) Sprayburn;
(11) Undeveloped segments;
(12) Unhealed skin breaks; and
(13) Wormy fruit.
(c) Free from injury caused by:
(1) Green spots;
(2) Hail;
(3) Oil spots;
(4) Rough, wide or protruding navels;
(5) Scale;
(6) Scars;
(7) Split navels; and
(8) Thorn scratches.
(d) Free from damage caused by:
(1) Dirt or other foreign material;
(2) Disease;
(3) Dryness or mushy condition;
(4) Insects;
(5) Sunburn; and
(6) Other means.
(e) For tolerances see Sec. 51.689.
0
21. Revise Sec. 51.682 to read as follows:
Sec. 51.682 U.S. No. 1.
``U.S. No. 1'' consists of oranges which meet the following
requirements:
(a) Basic requirements:
(1) Color:
(i) Early and midseason varieties shall be fairly well colored.
(ii) For Valencia and other late varieties, not less than 50
percent, by count, shall be fairly well colored and the remainder
reasonably well colored.
(2) Discoloration: Not more than one-third of the surface, in the
aggregate, may be affected by discoloration. (See Sec. 51.700.);
(3) Firm;
(4) Fairly smooth texture;
(5) Mature;
(6) Similar varietal characteristics; and
(7) Well formed.
(b) Free from:
(1) Bruises;
(2) Caked melanose;
(3) Decay;
(4) Growth cracks;
(5) Sprayburn;
(6) Undeveloped segments;
(7) Unhealed skin breaks; and
(8) Wormy fruit.
(c) Free from damage caused by:
(1) Ammoniation;
(2) Buckskin;
(3) Creasing;
(4) Dirt or other foreign material;
(5) Disease;
(6) Dryness or mushy condition;
(7) Green spots;
(8) Hail;
(9) Insects;
(10) Oil spots;
(11) Scab;
(12) Scale;
(13) Scars;
(14) Skin breakdown;
(15) Split, rough or protruding navels;
(16) Sunburn;
(17) Thorn scratches; and
(18) Other means.
(d) For tolerances see Sec. 51.689.
0
22. Revise Sec. 51.684 to read as follows:
Sec. 51.684 U.S. No. 1 Bronze.
The requirements for this grade are the same as for U.S. No. 1
except that all fruit must show some discoloration and at least 10
percent, by count, of the fruit shall have more than one-third of their
surface, in the aggregate, affected by discoloration. The predominating
discoloration on these fruits shall be of rust mite type. For
tolerances see Sec. 51.689.
0
23. Revise Sec. 51.685 to read as follows:
Sec. 51.685 U.S. Combination.
``U.S. Combination'' consists of a combination of U.S. No. 1 and
U.S. No. 2 oranges: Provided, That at least 55 percent, by count, meet
the requirements of U.S. No. 1 grade for defects, And provided further,
That the lot meets the basic requirement for discoloration as specified
in the U.S. No. 2 grade. For tolerances see Sec. 51.689.
0
24. Revise Sec. 51.686 to read as follows:
Sec. 51.686 U.S. No. 2.
``U.S. No. 2'' consists of oranges which meet the following
requirements:
(a) Basic requirements:
(1) Discoloration: Not more than one-half of the surface, in the
aggregate, may be affected by discoloration. (See Sec. 51.700.);
(2) Fairly firm;
(3) Mature;
(4) Not more than slightly misshapen;
(5) Not more than slightly rough texture;
(6) Reasonably well colored; and
(7) Similar varietal characteristics.
(b) Free from:
(1) Bruises;
(2) Decay;
(3) Growth cracks;
(4) Unhealed skin breaks; and
(5) Wormy fruit.
(c) Free from serious damaged caused by:
(1) Ammoniation;
(2) Buckskin;
(3) Caked melanose;
(4) Creasing;
(5) Dirt or other foreign material;
(6) Disease;
(7) Dryness or mushy condition;
(8) Green spots;
(9) Hail;
(10) Insects;
(11) Oil spots;
(12) Scab;
(13) Scale;
(14) Scars;
(15) Skin breakdown;
(16) Split, rough or protruding navels;
(17) Sprayburn;
(18) Sunburn;
(19) Thorn scratches; and
(20) Other means.
(d) For tolerances see Sec. 51.689.
0
25. Revise Sec. 51.687 to read as follows:
Sec. 51.687 U.S. No. 2 Russet.
The requirements for this grade are the same as for U.S. No. 2
except that at least 10 percent by count of the fruit shall have more
than one-half of their surface, in the aggregate, affected by any type
of discoloration. For tolerances see Sec. 51.689.
0
26. Revise Sec. 51.688 to read as follows:
Sec. 51.688 U.S. No. 3.
``U.S. No. 3'' consists of oranges which meet the following
requirements:
(a) Basic requirements:
(1) Mature;
(2) May be misshapen;
(3) May be poorly colored. Not more than 25 percent of the surface
may be of a solid dark green color;
(4) May be slightly spongy;
(5) May have rough texture;
(6) Not seriously lumpy or cracked; and
(7) Similar varietal characteristics.
(b) Free from:
(1) Decay;
(2) Unhealed skin breaks; and
(3) Wormy fruit.
(c) Free from very serious damage caused by other means.
(d) For tolerances see Sec. 51.689.
[[Page 68427]]
0
27. Revise Sec. 51.689 to read as follows.
Sec. 51.689 Tolerances.
In order to allow for variations incident to proper grading and
handling in each of the foregoing grades, the following tolerances, by
count, based on a minimum 25 count sample, are provided as specified.
No tolerance shall apply to wormy fruit.
(a) Defects--(1) U.S. Fancy, U.S. No. 1, U.S. No. 1 Bright, U.S.
No. 1 Bronze, U.S. No. 2, and U.S. No. 2 Russet Grades--(i) For defects
at shipping point.\1\ Not more than 10 percent of the fruit in any lot
may fail to meet the requirements of the specified grade: Provided,
That included in this amount not more than 5 percent shall be allowed
for defects causing very serious damage, including in this latter
amount not more than 1 percent for decay.
(ii) For defects en route or at destination. Not more than 12
percent of the fruit in any lot may fail to meet the requirements of
the specified grade: Provided, That included in this amount not more
than the following percentages shall be allowed for defects listed:
(A) 10 percent for fruit having permanent defects; or
(B) 7 percent for defects causing very serious damage, including
therein not more than 5 percent for very serious damage by permanent
defects and not more than 3 percent for decay.
(2) U.S. Combination--(i) For defects at shipping point.\1\ Not
more than 10 percent of the fruit in any lot may fail to meet the
requirements of the U.S. No. 2 grade: Provided, That included in this
amount not more than 5 percent shall be allowed for defects causing
very serious damage, including in this latter amount not more than 1
percent for decay.
(ii) For defects en route or at destination. Not more than 12
percent of the fruit in any lot may fail to meet the requirements of
the U.S. No. 2 grade: Provided, That included in this amount not more
than the following percentages shall be allowed for defects listed:
(A) 10 percent for fruit having permanent defects; or
(B) 7 percent for defects causing very serious damage, including
therein not more than 5 percent for very serious damage by permanent
defects and not more than 3 percent for decay.
(iii) For defects at shipping point \1\ and en route or at
destination. No part of any tolerance shall be allowed to reduce for
the lot as a whole, the 55 percent of U.S. No. 1 fruit required in the
U.S. Combination grade, but individual samples may have not more than
15 percent less than the required percentage for the grade: Provided,
That the entire lot averages within the percentage required.
(3) U.S. No. 3--(i) For defects at shipping point.\1\ Not more than
10 percent of the fruit in any lot may fail to meet the requirements of
the grade: Provided, That included in this amount not more than 1
percent for decay.
(ii) For defects en route or at destination. Not more than 12
percent of the fruit in any lot may fail to meet the requirements of
the grade: Provided, That included in this amount not more than the
following percentages shall be allowed for defects listed:
(A) 10 percent for fruit having permanent defects; or
(B) 3 percent for decay.
(b) Discoloration--(1) U.S. No. 1, U.S. No. 1 Bright, U.S.
Combination, and U.S. No. 2. Not more than 10 percent of the fruit in
any lot may fail to meet the requirements relating to discoloration as
specified in each grade. No sample may have more than 20 percent of the
fruit with excessive discoloration: Provided, That the entire lot
averages within the percentage specified.
(2) U.S. No. 1 Bronze. At least 10 percent of the fruit shall have
more than one-third of the surface, in the aggregate, affected by
discoloration, and no part of any tolerance shall be allowed to reduce
this percentage. No sample may have less than 5 percent of the fruit
with required discoloration: Provided, That the entire lot averages
within the percentage specified. No tolerance shall apply to fruit
showing no discoloration.
(3) U.S. No. 2 Russet. At least 10 percent of the fruit shall have
more than one-half of the surface, in the aggregate, affected by
discoloration, and no part of any tolerance shall be allowed to reduce
this percentage. No sample may have less than 5 percent of the fruit
with the required discoloration: Provided, That the entire lot averages
within the percentage specified.
\1\ Shipping point, as used in these standards, means the point
of origin of the shipment in the producing area or at port of
loading for ship stores or overseas shipment, or, in the case of
shipments from outside the continental United States, the port of
entry into the United States.
0
28. Revise the undesignated center heading before Sec. 51.690 to read
as follows:
Application of Tolerances
0
29. Revise Sec. 51.690 to read as follows:
Sec. 51.690 Application of tolerances.
Individual samples are subject to the following limitations, unless
otherwise specified in Sec. 51.689. Individual samples shall have not
more than one and one-half times a specified tolerance of 10 percent or
more, and not more than double a specified tolerance of less than 10
percent: Provided, That at least one decayed may be permitted in any
sample: And provided further, That the averages for the entire lot are
within the tolerances specified for the grade.
0
30. Revise Sec. 51.691 to read as follows:
Sec. 51.691 Standard pack.
(a) Fruit shall be fairly uniform in size. When packed in approved
containers, fruit shall be arranged according to approved and
recognized methods.
(b) ``Fairly uniform in size'' means that not more than 10 percent
of fruit in any lot, and not more than double that amount in any
sample, are outside the ranges of diameters given in Table 1.
Table 1 to Sec. 51.691 Paragraph (b)--7/10 Bushel Carton
------------------------------------------------------------------------
Diameter in inches
Pack size/Number of oranges -------------------------------------
Minimum Maximum
------------------------------------------------------------------------
24................................ 3-12/16 5-1/16
32................................ 3-6/16 4-9/16
36................................ 3-4/16 4-6/16
40................................ 3-2/16 4-4/16
48................................ 2-15/16 4
56................................ 2-13/16 3-13/16
64................................ 2-11/16 3-10/16
72................................ 2-9/16 3-8/16
88................................ 2-8/16 3-4/16
113............................... 2-7/16 3
138............................... 2-6/16 2-12/16
163............................... 2-3/16 2-8/16
------------------------------------------------------------------------
(c) In order to allow for variations, other than sizing, incident
to proper packing, not more than 5 percent of the packages in any lot
may fail to meet the requirements of standard pack.
0
31. Revise Sec. 51.699 to read as follows:
Sec. 51.699 Injury.
Injury means any specific defect described in Table 1 to Sec.
51.713; or an equally objectionable variation of any one of these
defects, any other defect, or any combination of defects, which
slightly detracts from the appearance, or the edible or marketing
quality of the fruit.
0
32. Revise Sec. 51.702 to read as follows:
Sec. 51.702 Damage.
Damage means any specific defect described in Table 1 to Sec.
51.713; or an equally objectionable variation of any one of these
defects, any other defect, or any combination of defects, which
materially detracts from the appearance, or the edible or marketing
quality of the fruit.
[[Page 68428]]
0
33. Revise Sec. 51.708 to read as follows:
Sec. 51.708 Serious damage.
Serious damage means any specific defect described in Table 1 to
Sec. 51.713; or an equally objectionable variation of any one of these
defects, any other defect, or any combination of defects, which
seriously detracts from the appearance, or the edible or marketing
quality of the fruit.
0
34. Revise Sec. 51.711 to read as follows:
Sec. 51.711 Very serious damage.
Very serious damage means any specific defect described in Table 1
to Sec. 51.713; or an equally objectionable variation of any one of
these defects, any other defect, or any combination of defects, which
very seriously detracts from the appearance, or the edible or marketing
quality of the fruit.
0
35. Revise Sec. 51.713 to read as follows:
Sec. 51.713 Classification of Defects.
All references to area or aggregate area, or length in this
standard are based on an orange 2\7/8\ inches in diameter, allowing
proportionately greater areas on larger fruit and lesser areas on
smaller fruit.
Table 1 to Sec. 51.713
----------------------------------------------------------------------------------------------------------------
Very serious
Factor Injury Damage Serious damage damage
----------------------------------------------------------------------------------------------------------------
Ammoniation..................... .................. Not occurring as Scars are cracked Aggregating more
light speck type. or dark and than 25 percent
aggregating more of the surface.
than a circle \3/
4\ inch in
diameter or light
colored and
aggregating more
than a circle 1\1/
4\ inches in
diameter.
Buckskin........................ .................. Aggregating more Aggregating more Aggregating more
than a circle 1 than 25 percent than 50 percent
inch in diameter. of the surface. of the surface.
Caked melanose.................. .................. .................. Aggregating more Aggregating more
than a circle \3/ than 25 percent
4\ inch in of the surface.
diameter.
Creasing........................ .................. Materially weakens Seriously weakens Very seriously
the skin, or the skin, or weakens the skin,
extends over more extends over more or is distributed
than one-third of than one-half of over practically
the surface. the surface. the entire
surface.
Dryness or mushy condition...... .................. Affecting all Affecting all Affecting all
segments more segments more segments more
than \1/4\ inch than \1/2\ inch than \3/4\ inch
at stem end, or at stem end, or at stem end, or
the equivalent of the equivalent of the equivalent of
this amount, by this amount, by this amount, by
volume, when volume, when volume, when
occurring in occurring in occurring in
other portions of other portions of other portions of
the fruit. the fruit. the fruit.
Green spots or oil spots........ More than slightly Aggregating more Aggregating more
affecting than a circle \7/ than a circle 1\1/
appearance. 8\ inch in 4\ inches in
diameter. diameter..
Hail............................ Not well healed, Not well healed, Not well healed, Not well healed,
or aggregating or aggregating or aggregating or aggregating
more than a more than a more than a more than a
circle \1/4\ inch circle \3/8\ inch circle \1/2\ inch circle \3/4\ inch
in diameter. in diameter. in diameter. in diameter.
Scab............................ .................. Materially Seriously detracts Aggregating more
detracts from the from the shape or than 25 percent
shape or texture, texture, or of the surface.
or aggregating aggregating more
more than a than a circle \3/
circle \5/8\ inch 4\ inch in
in diameter. diameter.
Scale........................... More than a few Aggregating more Aggregating more Aggregating more
adjacent to the than a circle \5/ than a circle \3/ than 25 percent
``button'' at the 8\ inch in 4\ inch in of the surface.
stem end, or more diameter. diameter.
than 6 scattered
on other portions
of the fruit.
Scars........................... Depressed, not Deep, rough or Deep, rough Deep, rough or
smooth, or hard aggregating aggregating more unsightly that
detracts from more than a than a circle \1/ appearance is
appearance more circle \1/4\ inch 2\ inch in very seriously
than the amount in diameter; diameter; affected.
of discoloration slightly rough slightly rough
permitted in the with slight depth with slight depth
grade. aggregating more aggregating more
than a circle \7/ than a circle 1\1/
8\ inch in 4\ inches in
diameter; smooth diameter.
or fairly smooth
with slight depth
aggregating more
than a circle 1\1/
4\ inches in
diameter.
Skin breakdown.................. .................. Aggregating more Aggregating more Aggregating more
than a circle \1/ than a circle \5/ than 25 percent
4\ inch in 8\ inch in of the surface.
diameter. diameter.
[[Page 68429]]
Sunburn......................... .................. Skin is flattened, Affecting more Aggregating more
dry, darkened or than one-third of than 50 percent
hard, aggregating the surface, of the surface.
more than 25 hard, decidedly
percent of the one-sided, or
surface. light brown and
aggregating more
than a circle 1\1/
4\ inches in
diameter.
Sprayburn....................... .................. .................. Hard, or Aggregating more
aggregating more than 25 percent
than a circle 1\1/ of the surface.
4\ inches in
diameter.
Split, rough or protruding Split is unhealed; Split is unhealed, Split is unhealed, Split is unhealed
navels. navel protrudes or more than \1/ or more than \1/ or fruit is
beyond general 4\ inch in 2\ inch in seriously
contour; opening length, or more length, or weakened.
is so wide, than 3 well aggregate length
growth so folded healed splits, or of all splits
and ridged that navel protrudes exceed 1 inch, or
it detracts beyond the navel protrudes
noticeably from general contour, beyond general
appearance. and opening is so contour, and
wide, folded or opening is so
ridged that it wide, folded and
detracts ridged that it
materially from seriously
appearance. detracts from
appearance.
Thorn scratches................. Not slight, not Not well healed, Not well healed, Aggregating more
well healed, or or hard or hard than 25 percent
more unsightly concentrated concentrated of the surface.
than thorn injury thorn injury
discoloration aggregating more aggregating more
permitted in the than a circle \5/ than a circle \3/
grade. 8\ inch in 4\ inch in
diameter. diameter.
----------------------------------------------------------------------------------------------------------------
Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2020-21437 Filed 10-28-20; 8:45 am]
BILLING CODE 3410-02-P