[Federal Register Volume 89, Number 123 (Wednesday, June 26, 2024)]
[Rules and Regulations]
[Pages 53339-53346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13584]
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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. 89, No. 123 / Wednesday, June 26, 2024 /
Rules and Regulations
[[Page 53339]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 51
[Doc. No. AMS-SC-21-0039]
U.S. Grade Standards for Pecans in the Shell and Shelled Pecans
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: The Agricultural Marketing Service (AMS) is revising the U.S.
Standards for Grades of Pecans in the Shell and the U.S. Standards for
Grades of Shelled Pecans by replacing the current grades with U.S.
Extra Fancy, U.S. Fancy, U.S. Choice, and U.S. Standard grades. In
addition, AMS is updating terminology, definitions, and defect scoring
guides.
DATES: Effective July 26, 2024.
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
[email protected]. Copies of the revised U.S. Standards for Grades
for Pecans in the Shell and U.S. Standards for Grades of Shelled Pecans
are available at http://www.ams.usda.gov/nuts.
SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553,
amends regulations at 7 CFR part 51 issued under the Agricultural
Marketing Act of 1946 (7 U.S.C. 1621-1627), as amended. These revisions
do not affect the Federal marketing order, 7 CFR part 986, (Marketing
Order 986) issued under the Agricultural Marketing Agreement Act of
1937 (7 U.S.C. 601-674) or applicable imports.
Executive Orders 12866, 13563, and 14094
AMS is issuing this rule in conformance with Executive Orders
12866, 13563, and 14094. Executive Orders 12866 and 13563 direct
agencies to assess all costs and benefits of available regulatory
alternatives and, if regulation is necessary, to select regulatory
approaches that maximize net benefits (including potential economic,
environmental, public health and safety effects, distributive impacts,
and equity). Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, reducing costs, harmonizing rules,
and promoting flexibility. Executive Order 14094 reaffirms,
supplements, and updates Executive Order 12866 and further directs
agencies to solicit and consider input from a wide range of affected
and interested parties through a variety of means. This action falls
within a category of regulatory actions that the Office of Management
and Budget (OMB) has exempted from review under Executive Order 12866.
Executive Order 13175
This rule has been reviewed under Executive Order 13175--
Consultation and Coordination with Indian Tribal Governments, which
requires agencies to consider whether their rulemaking actions would
have Tribal implications.
AMS has determined that this rule is unlikely to have substantial
direct effects on one or more Indian Tribes, on the relationship
between the Federal Government and Indian Tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian Tribes.
Executive Order 12988
This rule has been reviewed under Executive Order 12988--Civil
Justice Reform. This action is not intended to have retroactive effect.
There are no administrative procedures that must be exhausted prior to
any judicial challenge to the provisions of this rule.
Background
AMS continually reviews fruit and vegetable grade standards to
ensure their effectiveness in the industry and to modernize language.
On June 12, 2020, the American Pecan Council (APC) petitioned AMS
to revise the U.S. Standards for Grades of Pecans in the Shell and the
U.S. Standards for Grades of Shelled Pecans (standards). The APC was
established by, and is regulated under, the Federal marketing order for
the pecan industry, Marketing Order 986, and represents all 15 major
U.S. pecan-growing states.
The APC noted that the pecan standards have not been substantially
updated since 1969 and the terminology of the standards no longer
reflect current industry descriptions and practices. The National Pecan
Shellers Association (NPSA) directed the initiative to update the
standards for the APC. The APC voted unanimously to submit their
proposed revisions to the AMS. AMS and the APC have since collaborated
to refine the revisions.
The changes to the standards will replace current grades with new
ones, revise scoring guides for defects, create new sizes, and revise
definitions. AMS revised the U.S. Standards for Grades of Pecans in the
Shell and the U.S. Standards for Grades of Shelled Pecans by replacing
the current grades with U.S. Extra Fancy, U.S. Fancy, U.S. Choice, and
U.S. Standard grades. These changes represent current industry
descriptions and practices.
These revisions do not affect Marketing Order 986 or applicable
imports since there are no grade, size, or quality standards currently
applied under the marketing order.
The first proposed rule was published in the Federal Register of
June 1, 2022, (87 FR 33064) inviting comments on the proposed revisions
to the U.S. Standards for Grades of Pecans in the Shell and the U.S.
Standards for Grades of Shelled Pecans. The public was invited to
review and comment on the proposed rule, which was to be accompanied by
copies of the proposed standards on https://www.regulations.gov.
On June 28, 2022, AMS noted that the proposed U.S. Standards for
Grades of Pecans in the Shell and the U.S. Standards for Grades of
Shelled Pecans failed to upload to https://www.regulations.gov,
however, the supporting documents were uploaded to https://www.regulations.gov on that date. To provide all interested persons a
full 60-day comment period to view copies of the proposed standards and
facilitate review of the proposed rule, AMS extended the public comment
period by 30 days (87 FR 48091) to
[[Page 53340]]
September 7, 2022. To pursue clarification and based on the feedback
AMS received during the comment period, Specialty Crop Inspection
Division (SCI) invited interested parties to meet on February 28, 2023,
and May 2, 2023, to provide an opportunity to clarify language and
discuss specific sections of the proposed standards to ensure there are
no misinterpretations on how any proposed language would be applied
before moving forward with this rulemaking. Based on comments received,
SCI refined the language in the standards.
A second proposed rule was published in the Federal Register on
October 11, 2023, (88 FR 70379) providing a 60-day comment period on
these changes to the proposed revisions to the U.S. Standards for
Grades of Pecans in the Shell and the U.S. Standards for Grades of
Shelled Pecans. The public was invited to review and comment on the
proposed rule, which was accompanied by copies of the proposed
standards on https://www.regulations.gov.
Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601-612), AMS has considered the economic impact of
this rule on small entities. Accordingly, AMS has prepared this final
regulatory flexibility analysis.
The purpose of the RFA is to fit regulatory actions to the scale of
businesses subject to such actions so that small businesses will not be
unduly or disproportionately burdened.
The Small Business Administration (SBA) defines small growers
engaging in tree nut farming as those having annual receipts of no more
than $3.75 million (NAICS Code 111335)(13 CFR 121.201). Handlers, which
can be defined as those engaging in postharvest crop activities (except
cotton-ginning), have a small business size standard of annual receipts
not exceeding $34 million (NAICS Code 115114)(13 CFR 121.201).\1\
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\1\ Version December 2022 size standards.
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In the 2017 Census of Agriculture, the most recent to date, the
National Agricultural Statistics Service (NASS) reports that of the
19,008 pecan farms counted nationwide, 440 of them had annual sales
valued at $1 million or more. This means that 18,568 pecan farms, or 98
percent of the census, had annual receipts of less than $1 million. As
the threshold for meeting the definition of a small business, per the
SBA, is $3.75 million, nearly four-times the $1 million maximum
reported by NASS, the portion of pecan farms that may be considered
small by the SBA standard is likely even higher than 98 percent.
According to the Census Bureau, there were 910 firms classified as
those engaging in postharvest crop activities (except cotton-ginning)
in 2017. Total sales for all 910 firms were valued at more than $6.4
billion. The Census Bureau survey \2\ which yielded these results for
2017 is the most recent to date. The APC estimates that there are 115
handlers subject to regulation under Marketing Order 986. Of these, the
APC estimates that nine handlers have annual sales exceeding $34
million, thus surpassing the threshold of a small business as defined
by the SBA. This means that 106 handlers, or 92 percent of the total,
had annual receipts not exceeding $34 million and would, therefore, be
designated as small per the SBA definition.
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\2\ Economic Surveys Annual Business Survey: Statistics for
Employer Firms by Industry, Sex, Ethnicity, Race, and Veteran Status
for the U.S., State, Metro Areas, Counties, and Places: 2017.
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Food grading standards provide important quality information to
buyers and sellers that contribute to the efficient marketing of
agricultural commodities. Because the revisions of the grade standards
represent current industry grading practices, these changes will not
require any significant changes in grower or handler business
operations nor any significant industry educational effort. As the
standards are voluntary, handlers are not required to use the new terms
or make any changes. Neither large nor small handlers will incur
additional costs. No small businesses will be unduly or
disproportionately burdened.
Comments
AMS received seven comments on the proposed changes. Of the seven,
three of the comments were from the National Pecan Shellers
Association, the American Pecan Council, and one pecan grower. All
commented with strong support for the changes to the standards as
written. AMS acknowledges these comments.
One commentor supported the changes and would like to see the
United States Department of Agriculture and other agencies work toward
a lower threshold for aflatoxin in the standards that apply to pecans.
AMS acknowledges this comment and recognizes that the United States
Food and Drug Administration (FDA) regulates levels of contaminants in
human food and animal feed.
One commentor stated that as a consumer the new standards are
confusing, and terms like ``fancy'' and ``extra fancy'' may be industry
jargon but are relative and otherwise meaningless. AMS acknowledges
this comment and maintains that the changes to descriptive language are
based on the APC petition which sought to revise the standards to
reflect current industry descriptions and practices. AMS believes that
standardized language used across various commodity industries leads to
the uniform description of commodities intended for consumers.
One commentor supported the changes as a welcome improvement which
will provide more clarity, flexibility, and specificity, but preferred
letter grades or numbers to allow consumers to more readily understand
what quality of product they are buying. AMS acknowledges this comment
and believes the revisions provide uniform descriptions of quality and
reflect current industry practices.
One commentor stated that AMS may not have considered all the
relevant factors that Congress intended it to in the proposed rule
because it did not carefully estimate the likely impact of the
promulgation of this new voluntary labeling standard on the market. AMS
acknowledges this comment and clarifies that the revisions discussed in
this final rule are to the U.S. Standards for Grades of Pecans in the
Shell and the U.S. Standards for Grades of Shelled Pecans and not to a
labeling standard.
Regarding the likely impact of the promulgation of these revised
grade standards on the market, AMS acted on a petition from the APC,
which represents all 15 major U.S. pecan-growing states, to revise the
grade standards to represent current industry descriptions and
practices. Uniformity in these descriptions and practices provides
consumers stability in the marketplace. AMS also provided open public
comment periods throughout the entirety of the revision process. AMS
did not make any changes to the October 11, 2023 (88 FR 70379) proposed
rule in this final rule. Additionally, AMS provided the Regulatory
Flexibility Analysis which determined neither large nor small handlers
will incur additional costs. No small businesses will be unduly or
disproportionately burdened based on the economic impact of this final
rule on small entities. These actions are standard processes performed
by AMS during the revision of any grade standards.
AMS has determined that this rule is consistent with and will
effectuate the purpose of the Agricultural Marketing Act of 1946.
Therefore, AMS is revising
[[Page 53341]]
the voluntary U.S. Standards for Grades of Pecans in the Shell and the
U.S. Standards for Shelled Pecans issued under the Agricultural
Marketing Act of 1946.
List of Subjects in 7 CFR Part 51
Food grades and standards, Fruits, Nuts, Reporting and
recordkeeping requirements, Vegetables.
For reasons set forth in the preamble, the Agricultural Marketing
Service amends 7 CFR part 51 as follows:
PART 51--FRESH FRUITS, VEGETABLES, AND OTHER PRODUCTS (INSPECTION,
CERTIFICATION, AND STANDARDS)
0
1. The authority citation for part 51 continues to read as follows:
Authority: 7 U.S.C. 1621-1627.
0
2. Subpart M is revised to read as follows:
Subpart M--United States Standards for Grades of Pecans in the
Shell
Sec.
Grades
51.1400 U.S. Extra Fancy.
51.1401 U.S. Fancy.
51.1402 U.S. Choice.
51.1403 U.S. Standard.
Size Classification
51.1404 Size classification.
Kernel Color Classification
51.1405 Kernel color classification.
Tolerances
51.1406 Tolerances.
Application of Tolerances
51.1407 Application of tolerances.
Sample for Grade or Size Determination
51.1408 Sample for grade or size determination.
Definitions
51.1409 Loose extraneous or foreign material.
51.1410 Well cured.
51.1411 Well developed.
51.1412 Fairly well developed.
51.1413 Poorly developed.
51.1414 Uniform in color.
51.1415 Fairly uniform in color.
51.1416 Damage.
51.1417 Serious damage.
51.1418 Inedible kernels.
Subpart M--United States Standards for Grades of Pecans in the
Shell
Grades
Sec. 51.1400 U.S. Extra Fancy.
``U.S. Extra Fancy'' consists of pecans in the shell which meet the
following requirements:
(a) Free from loose extraneous or foreign material.
(b) Shells are:
(1) Uniform in color; and
(2) Free from damage by any cause.
(c) Kernels are:
(1) Well developed;
(2) Well cured;
(3) Moisture content shall be not more than 6 percent, unless
otherwise specified;
(4) Uniform in color and not darker than ``light;'' and
(5) Free from damage by any cause.
(d) For tolerances see Sec. 51.1406.
Sec. 51.1401 U.S. Fancy.
``U.S. Fancy'' consists of pecans in the shell which meet the
following requirements:
(a) Free from loose extraneous or foreign material.
(b) Shells are:
(1) Uniform in color; and
(2) Free from damage by any cause.
(c) Kernels are:
(1) Fairly well developed;
(2) Well cured;
(3) Moisture content shall be not more than 6 percent, unless
otherwise specified;
(4) Uniform in color;
(5) Not darker than ``light amber,'' unless specified to a lighter
color classification; and
(6) Free from damage by any cause.
(d) For tolerances see Sec. 51.1406.
Sec. 51.1402 U.S. Choice.
``U.S. Choice'' consists of pecans in the shell which meet the
following requirements:
(a) Free from loose extraneous or foreign material.
(b) Shells are:
(1) Fairly uniform in color; and
(2) Free from damage by any cause.
(c) Kernels are:
(1) Not poorly developed;
(2) Well cured;
(3) Moisture content shall be not more than 6 percent, unless
otherwise specified;
(4) Fairly uniform in color;
(5) Not darker than ``amber,'' unless specified to a lighter color
classification; and
(6) Free from damage by any cause.
(d) For tolerances see Sec. 51.1406.
Sec. 51.1403 U.S. Standard.
``U.S. Standard'' consists of pecans in the shell which meet the
following requirements:
(a) Free from loose extraneous or foreign material;
(b) Kernels well cured;
(c) Moisture content shall be not more than 6 percent, unless
otherwise specified;
(d) No requirement for fullness of kernel;
(e) No requirement for uniformity of color of shells or kernels;
(f) May contain kernels that are ``dark amber'' or darker, unless
specified to a lighter color classification; and
(g) Shells and kernels are free from damage by any cause.
(h) For tolerances see Sec. 51.1406.
Size Classification
Sec. 51.1404 Size classification.
Size of pecans may be specified in connection with the grade in
accordance with one of the following classifications. To meet the
requirements for any one of the classifications in Table 1 to this
section, the lot must conform to both the specified number of nuts per
pound and the weight of the 10 smallest nuts per 100-nut sample.
Table 1 to Sec. 51.1404
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Minimum weight of the
Size classification Number of nuts 10 smallest nuts per
per pound 100-nut sample
------------------------------------------------------------------------
Jumbo......................... 55 or less....... In each
Extra Large................... 56 to 63......... classification, the
Large......................... 64 to 77......... 10 smallest nuts per
100 must weigh at
least 7% of the
total weight of the
100-nut sample.
Medium........................ 78 to 100
Small......................... 101 or more
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[[Page 53342]]
Kernel Color Classification
Sec. 51.1405 Kernel color classification.
(a) The skin color of the pecan kernels are described in terms of
the color classifications provided in this section. When specified to a
lighter color classification, that color may be used to describe the
lot in connection with the grade.
(1) Light means that the kernel is mostly golden color or lighter,
with not more than 25 percent of the surface darker than golden, and
none of the surface darker than light brown.
(2) Light amber means that more than 25 percent of the kernel is
light brown, with not more than 25 percent of the surface darker than
light brown, none of which is darker than medium brown.
(3) Amber means that more than 25 percent of the kernel is medium
brown, with not more than 25 percent of the surface darker than medium
brown, none of which is darker than dark brown (very dark brown or
blackish-brown discoloration).
(4) Dark amber means that more than 25 percent of the kernel is
dark brown, with not more than 25 percent of the surface darker than
dark brown (very dark brown or blackish-brown discoloration).
(b) U.S. Department of Agriculture kernel color standards, PEC-MC-
1, illustrate the color intensities implied by the terms ``golden,''
``light brown,'' ``medium brown,'' and ``dark brown'' referred to in
paragraph (a) of this section. The color standards are available at
https://www.ams.usda.gov/grades-standards.
Tolerances
Sec. 51.1406 Tolerances.
In order to allow for variations incident to proper grading and
handling in each of the foregoing grades, the following tolerances are
provided as specified:
(a) U.S. Extra Fancy, U.S. Fancy, and U.S. Choice grades. (1) For
shell defects, by count: 5 percent for pecans with damaged shells,
including therein not more than 2 percent for shells which are
seriously damaged.
(2) For kernel defects, by count: 12 percent for pecans with
kernels which fail to meet the requirements for the grade or any
specified color classification, including therein not more than 7
percent for kernels which are seriously damaged: Provided, That not
more than 6 percent shall be allowed for kernels which are rancid,
moldy, decayed, or injured by insects: Provided further, That included
in this 6 percent tolerance not more than 0.5 percent (one-half of 1
percent) shall be allowed for pecans with live insects inside the
shell.
(3) For loose extraneous or foreign material, by weight: 0.5
percent (one-half of 1 percent).
(b) U.S. Standard grade. (1) For shell defects, by count: 10
percent for pecans with damaged shells, including therein not more than
3 percent for shells which are seriously damaged.
(2) For kernel defects, by count: 30 percent for pecans with
kernels which fail to meet the requirements for the grade or any
specified color classification, including therein not more than 10
percent for kernels which are seriously damaged: Provided, That not
more than 7 percent shall be allowed for kernels which are rancid,
moldy, decayed, or injured by insects: Provided further, That included
in this 7 percent tolerance not more than 0.5 percent (one-half of 1
percent) shall be allowed for pecans with live insects inside the
shell.
(3) For loose extraneous or foreign material, by weight: 0.5
percent (one-half of 1 percent).
Application of Tolerances
Sec. 51.1407 Application of tolerances.
Individual 100-count samples shall have not more than one and one-
half times a specified tolerance of 5 percent or more and not more than
double a tolerance of less than 5 percent, except that at least one
pecan which is seriously damaged by live insects inside the shell is
permitted: Provided, That the averages for the entire lot are within
the tolerances specified for the grade.
Sample for Grade or Size Determination
Sec. 51.1408 Sample for grade or size determination.
Each sample shall consist of 100 pecans. The individual sample
shall be drawn at random from a sufficient number of packages to form a
100-count composite sample. The number of such individual 100-count
samples drawn for grade or size determination will vary with the size
of the lot. When practicable, at point of packaging the sample may be
obtained from the grading belt after sorting has been completed.
Definitions
Sec. 51.1409 Loose extraneous or foreign material.
Loose extraneous or foreign material means loose hulls, empty
broken shells, rocks, wood, glass, plastic, or any substance other than
pecans in the shell or pecan kernels.
Sec. 51.1410 Well cured.
Well cured means the kernel separates freely from the shell, breaks
cleanly when bent without splintering, shattering, or loosening the
skin; and the kernel appears to be in good shipping or storage
condition as to moisture content.
Sec. 51.1411 Well developed.
Well developed means that the kernel is full-meated throughout its
width and length.
Sec. 51.1412 Fairly well developed.
Fairly well developed means that the kernel is full-meated in over
50 percent of its width and length.
Sec. 51.1413 Poorly developed.
Poorly developed means that the kernel is full-meated in less than
25 percent of its width and length.
Sec. 51.1414 Uniform in color.
Uniform in color means that the shells do not show sufficient
variation in color to detract from the general appearance of the lot
and that 95 percent or more of the kernels in the lot have skin color
within the range of one or two color classifications.
Sec. 51.1415 Fairly uniform in color.
Fairly uniform in color means that the shells do not show
sufficient variation in color to materially detract from the general
appearance of the lot and that 85 percent or more of the kernels in the
lot have skin color within the range of one or two color
classifications.
Sec. 51.1416 Damage.
Damage means any specific defect described in this section; or an
equally objectionable variation of any one of these defects, or any
other defect, or any combination of defects, which materially detracts
from the appearance or the edible or marketing quality of the
individual pecan or the general appearance of the pecans in the lot.
The following defects shall be considered as damage:
(a) Adhering hull material or dark stains affecting an aggregate of
more than 5 percent of the surface of the individual shell;
(b) Adhering material from inside the shell when firmly attached to
more than one-third of the outer surface of the kernel and contrasting
in color with the skin of the kernel;
(c) Broken shells when any portion of the shell is missing;
(d) Internal flesh discoloration of a medium shade of gray or brown
extending more than one-fourth inch lengthwise beneath the center
ridge, or any equally objectionable amount in
[[Page 53343]]
other portions of the kernel; or lesser areas of dark discoloration
affecting the appearance to an equal or greater extent;
(e) Kernels which are dark amber in color;
(f) Kernels which are not well cured;
(g) Kernel spots when more than one dark spot is present on either
half of the kernel, or when any such spot is more than one-eighth inch
in greatest dimension;
(h) Poorly developed kernels;
(i) Shriveling when the surface of the kernel is very conspicuously
wrinkled; and
(j) Split or cracked shells when the shell is spread apart or will
spread upon application of slight pressure.
Sec. 51.1417 Serious damage.
Serious damage means any specific defect described in this section;
or an equally objectionable variation of any one of these defects, or
any other defect, or any combination of defects, which seriously
detracts from the appearance or the edible or marketing quality of the
individual pecan. The following defects shall be considered as serious
damage:
(a) Adhering hull material or dark stains affecting an aggregate of
more than 20 percent of the individual shell;
(b) Broken shells when the missing portion of shell is greater in
area than a circle one-fourth inch in diameter;
(c) Dark discoloration of the skin which is darker than dark amber
over more than 25 percent of the surface of the kernel;
(d) Decay affecting any portion of the kernel;
(e) Insects, web, frass, or the kernel shows distinct evidence of
insect feeding on the kernel;
(f) Internal flesh discoloration of a dark shade extending more
than one-third the length of the kernel beneath the ridge, or an
equally objectionable amount of dark discoloration in other portions of
the kernel;
(g) Kernel spots when more than three dark spots on either half of
the kernel, or when any spot or the aggregate of two or more spots on
one of the halves of the kernel affects more than 10 percent of the
surface;
(h) Mold, on the surface or inside the kernel, which is plainly
visible without magnification;
(i) Rancidity when the kernel is distinctly rancid to the taste.
Staleness of flavor shall not be classed as rancidity;
Note 1 to Sec. 51.1417(i): Rancidity refers to the tendency of
the oil in a pecan kernel to become tainted as a result of oxidation
or hydrolysis. Industry measures to determine the tendency of a
kernel to become rancid include testing the kernel's peroxide and
free fatty acid values. Peroxide values should be less than 5 mEq/kg
and free fatty acids acid value should be less than 1 percent. These
analyses are not performed in determination of grade.
(j) Undeveloped kernels which are blank (complete shell containing
no kernel); and
(k) Worm holes when penetrating the shell.
Sec. 51.1418 Inedible kernels.
Inedible kernels means that the kernel or pieces of kernels are
rancid, moldy, decayed, injured by insects or otherwise unsuitable for
human consumption.
0
3. Subpart N is revised to read as follows:
Subpart N--United States Standards for Grades of Shelled Pecans
Grades
Sec.
51.1430 U.S. Extra Fancy.
51.1431 U.S. Fancy.
51.1432 U.S. Choice.
51.1433 U.S. Standard.
Color Classifications
51.1434 Color classifications.
Size Classifications
51.1435 Size classifications for halves.
51.1436 Size classifications for pieces.
Tolerances for Defects
51.1437 Tolerances for defects.
Applications of Standards
51.1438 Application of standards.
Definitions
51.1439 Premier half-kernel (Premier halves).
51.1440 Half-kernel (Halves).
51.1441 Piece.
51.1442 Meal and flour.
51.1443 Well dried.
51.1444 Well developed.
51.1445 Fairly well developed.
51.1446 Poorly developed.
51.1447 Uniform in color.
51.1448 Fairly uniform in color.
51.1449 Uniform in size.
51.1450 Fairly uniform in size.
51.1451 Foreign material.
51.1452 Damage.
51.1453 Serious damage.
Subpart N--United States Standards for Grades of Shelled Pecans
Grades
Sec. 51.1430 U.S. Extra Fancy.
``U.S. Extra Fancy'' consists of pecan kernels which meet the
following requirements:
(a) For quality:
(1) Well dried;
(2) Moisture content shall not be more than 4.5 percent, unless
otherwise specified;
(3) Well developed;
(4) Uniform in color;
(5) Not darker than ``light;''
(6) Free from damage by any cause; and
(7) Comply with tolerances for defects (see Sec. 51.1437).
(b) For size:
(1) Uniform in size; and
(2) Conform to size classification or count specified.
Sec. 51.1431 U.S. Fancy.
``U.S. Fancy'' consists of pecan kernels which meet the following
requirements:
(a) For quality:
(1) Well dried;
(2) Moisture content shall not be more than 4.5 percent, unless
otherwise specified;
(3) Fairly well developed;
(4) Uniform in color;
(5) Not darker than ``light amber,'' unless specified to a lighter
color classification;
(6) Free from damage by any cause; and
(7) Comply with tolerances for defects (see Sec. 51.1437).
(b) For size:
(1) Uniform in size; and
(2) Conform to size classification or count specified.
Sec. 51.1432 U.S. Choice.
``U.S. Choice'' consists of pecan kernels which meet the following
requirements:
(a) For quality:
(1) Well dried;
(2) Moisture content shall not be more than 4.5 percent, unless
otherwise specified;
(3) Not poorly developed;
(4) Fairly uniform in color;
(5) Not darker than ``amber,'' unless specified to a lighter color
classification;
(6) Free from damage by any cause; and
(7) Comply with tolerances for defects (see Sec. 51.1437).
(b) For size:
(1) Fairly uniform in size; and
(2) Conform to size classification or count specified.
Sec. 51.1433 U.S. Standard.
``U.S. Standard'' consists of pecan kernels which meet the
following requirements:
(a) For quality:
(1) Well dried;
(2) Moisture content shall not be more than 4.5 percent, unless
otherwise specified;
(3) No requirement for fullness of kernel;
(4) No requirement for uniformity of color;
[[Page 53344]]
(5) May contain kernels ``dark amber'' or darker, unless specified
to a lighter color classification;
(6) Free from damage by any cause; and
(7) Comply with tolerances for defects (see Sec. 51.1437).
(b) For size:
(1) No uniformity in size; and
(2) Conform to size classification or count specified.
Color Classifications
Sec. 51.1434 Color classifications.
(a) The skin color of pecan kernels is described in terms of the
color classifications provided in this section. When specified to a
lighter color classification, that color may be used to describe the
lot in connection with the grade.
(1) Light means that the kernel is mostly golden color or lighter,
with not more than 25 percent of the surface darker than golden, and
none of the surface darker than light brown.
(2) Light amber means that the kernel has more than 25 percent of
the surface light brown, but not more than 25 percent of surface darker
than light brown, and none of the surface darker than medium brown.
(3) Amber means that the kernel has more than 25 percent of the
surface medium brown, but not more than 25 percent of surface darker
than medium brown, and none of the surface darker than dark brown (very
dark brown or blackish-brown discoloration).
(4) Dark amber means that the kernel has more than 25 percent of
the surface dark brown, but not more than 25 percent of surface darker
than dark brown (very dark brown or blackish-brown discoloration).
(b) U.S. Department of Agriculture kernel color standards, PEC-MC-
1, illustrate the color intensities implied by the terms ``golden,''
``light brown,'' ``medium brown,'' and ``dark brown'' referred to in
paragraph (a) of this section. The color standards are available at:
https://www.ams.usda.gov/grades-standards.
Size Classifications
Sec. 51.1435 Size classifications for halves.
The size of pecan halves in a lot may be specified in accordance
with one of the size classifications shown in table 1 to this section.
(a) Halves per pound. The number of halves per pound shall be based
upon the weight of half-kernels after all pieces, meal and flour,
shell, center wall, and foreign material have been removed.
(b) Tolerance for count per pound. In order to allow for variations
incident to proper sizing, a tolerance shall be permitted as follows:
(1) When an exact number of halves per pound is specified, the
actual count per pound may vary not more than 5 percent from the
specified number, and
(2) When any size classification shown in table 1 to this section
or a range in count per pound is specified, no tolerance shall be
allowed for counts outside of the specified range.
(c) Tolerances for pieces, meal, and flour. In order to allow for
variations incident to proper sizing and handling, tolerances are
provided for pieces, meal, and flour in any lot of halves. The
tolerances, by weight, are as shown in table 2 to this section.
Table 1 to Sec. 51.1435
------------------------------------------------------------------------
Size classification for halves Number of halves @per pound
------------------------------------------------------------------------
Mammoth................................ 250 or less.
Junior Mammoth......................... 251-350.
Jumbo.................................. 351-450.
Large.................................. 451-550.
Medium................................. 551-650.
Topper................................. 651-750.
King Topper............................ 751 or more.
------------------------------------------------------------------------
In lieu of the size classifications in this table, the size of pecan
halves in a lot may be specified in terms of the number of halves or a
range of number of halves per pound. For example, ``400'' or ``600-
700.''
Table 2 to Sec. 51.1435
----------------------------------------------------------------------------------------------------------------
U.S. extra U.S. extra
Tolerances for pieces, meal, and fancy premier fancy halves U.S. fancy U.S. choice U.S. standard
flour halves (%) (%) halves (%) halves (%) halves (%)
----------------------------------------------------------------------------------------------------------------
A. Less than \7/8\ half-kernel.. 10 .............. .............. .............. ..............
B. Less than \3/4\ half-kernel.. .............. 10 15 20 20
C. Less than \1/2\ half-kernel 3 3 5 5 5
(included in A.--U.S. Extra
Fancy Premier Halves) (included
in B.--U.S. Extra Fancy Halves,
U.S. Fancy Halves, U.S. Choice
Halves, and U.S. Standard
Halves)........................
D. Less than \4/64\'' (included 1 1 1 1 1
in C.).........................
----------------------------------------------------------------------------------------------------------------
Sec. 51.1436 Size classifications for pieces.
The size of pecan pieces in a lot may be specified in accordance
with one of the size classifications shown in table 1 to this section.
Sizes are measured using a round-hole screen.
(a) Tolerances for size of pieces. In order to allow for variations
incident to proper sizing, tolerances are provided for pieces in a lot
which fail to meet the requirements of any size specified. The
tolerances, by weight, are as follows:
(1) U.S. Extra Fancy pieces and U.S. Fancy pieces. Not more than 15
percent of the lot may fall outside of the size range in Table 1 to
this section. Further, not more than 1 percent of the pieces, excluding
Topping Pieces and Granules, may pass through an eight sixty-fourths of
an inch round hole screen.
(2) U.S. Choice pieces. Not more than 20 percent of the lot may
fall outside of the size range in Table 1 to this section. Further, not
more than 2 percent of the pieces, excluding Topping Pieces and
Granules, may pass through an eight
[[Page 53345]]
sixty-fourths of an inch round hole screen.
(3) U.S. Standard pieces. Not more than 25 percent of the lot may
fall outside of the size range in table 1 to this section. Further, not
more than 2 percent of the pieces, excluding Topping Pieces and
Granules, may pass through an eight sixty-fourths of an inch round hole
screen.
(b) [Reserved]
Table 1 to Sec. 51.1436
----------------------------------------------------------------------------------------------------------------
Maximum diameter (will pass through Minimum diameter (will not pass
Size classification round opening of the following through round opening of the
diameter) following diameter)
----------------------------------------------------------------------------------------------------------------
Extra-Large Pieces............... No limitation......................... \32/64\ inch.
Large Pieces..................... \32/64\ inch.......................... \24/64\ inch.
Halves and Pieces................ No limitation......................... \20/64\ inch.
Medium Pieces.................... \24/64\ inch.......................... \16/64\ inch.
Small Pieces..................... \16/64\ inch.......................... \12/64\ inch.
Topping Pieces................... \12/64\ inch.......................... \8/64\ inch.
Granules......................... \8/64\ inch........................... \4/64\ inch.
----------------------------------------------------------------------------------------------------------------
In lieu of the size classifications in this table, the size of pieces in a lot may be specified in terms of
minimum diameter, or as a range described in terms of minimum and maximum diameters expressed in sixty-fourths
of an inch.
Tolerances for Defects
Sec. 51.1437 Tolerances for defects.
In order to allow for variations incident to proper grading and
handling in each of the foregoing grades, the following tolerances, by
weight, are as follows:
(a) U.S. Extra Fancy grade:
(1) No foreign material;
(2) 0.01 percent for shell, and center wall;
(3) Zero tolerance is provided for pecan weevil larvae;
(4) 3 percent for portions of kernels which are ``light amber'' or
darker color, or darker than any specified lighter color
classification, but which are not otherwise defective; and
(5) 3 percent for portions of kernels which fail to meet the
remaining requirements of the grade, including therein not more than
0.50 percent (one-half of 1 percent) for defects causing serious
damage: Provided, That any unused portion of this tolerance may be
applied to increase the tolerance for kernels which are ``light amber''
or darker color, or darker than any specified lighter color
classification.
(b) U.S. Fancy grade:
(1) No foreign material;
(2) 0.01 percent for shell and center wall;
(3) No more than 2 pecan weevil larvae;
(4) 5 percent for portions of kernels which are ``amber'' or darker
color, or darker than any specified lighter color classification, but
which are not otherwise defective; and
(5) 5 percent for portions of kernels which fail to meet the
remaining requirements of the grade, including therein not more than
0.50 percent (one-half of 1 percent) for defects causing serious
damage, including pecan weevil larvae: Provided, That any unused
portion of this tolerance may be applied to increase the tolerance for
kernels which are ``amber'' or darker color, or darker than any
specified lighter color classification.
(c) U.S. Choice grade:
(1) No foreign material;
(2) 0.01 percent for shell and center wall;
(3) No more than 5 pecan weevil larvae;
(4) 15 percent for portions of kernels which are ``dark amber'' or
darker color, or darker than any specified lighter color
classification, but which are not otherwise defective; and
(5) 8 percent for portions of kernels which fail to meet the
remaining requirements of the grade, including therein not more than 1
percent for defects causing serious damage, including pecan weevil
larvae.
(d) U.S. Standard grade:
(1) No foreign material;
(2) 0.01 percent for shell and center wall;
(3) 25 percent for portions of kernels which are darker than a
specified color classification, but which are not otherwise defective;
and
(4) 15 percent for portions of kernels which fail to meet the
remaining requirements of the grade, including therein not more than 1
percent for defects causing serious damage, including pecan weevil
larvae.
Application of Standards
Sec. 51.1438 Application of standards.
The grade of a lot of shelled pecans shall be determined on the
basis of a composite sample drawn at random from containers in various
locations in the lot. However, any identifiable container or number of
containers in which the pecans are obviously of a quality or size
materially different from that in the majority of containers, shall be
considered as a separate lot, and shall be sampled and graded
separately.
Definitions
Sec. 51.1439 Premier half-kernel (Premier halves).
Premier half-kernel (Premier halves) means one of the separated
halves of an entire pecan kernel with not more than one-eighth of its
original volume missing, exclusive of the portion which formerly
connected the two halves of the kernel.
Sec. 51.1440 Half-kernel (Halves).
Half-kernel (Halves) means one of the separated halves of an entire
pecan kernel with not more than one-fourth of its original volume
missing, exclusive of the portion which formerly connected the two
halves of the kernel.
Sec. 51.1441 Piece.
Piece means a portion of a kernel which is less than three-fourths
of a half-kernel, but which will not pass through a round opening four
sixty-fourths (4/64) of an inch in diameter.
Sec. 51.1442 Meal and flour.
Meal and flour means fragments of kernels which will pass through a
round opening four sixty-fourths (4/64) of an inch in diameter.
Sec. 51.1443 Well dried.
Well dried means that the portion of kernel is firm and crisp, not
pliable, or leathery.
Sec. 51.1444 Well developed.
Well developed means that the kernel is full-meated through its
width and length.
[[Page 53346]]
Sec. 51.1445 Fairly well developed.
Fairly well developed means that the kernel is full-meated in over
50 percent of its width and length.
Sec. 51.1446 Poorly developed.
Poorly developed means that the kernel is full-meated in less than
25 percent of its width and length.
Sec. 51.1447 Uniform in color.
Uniform in color means that 95 percent or more of the kernels in
the lot have skin color within the range of one or two color
classifications.
Sec. 51.1448 Fairly uniform in color.
Fairly uniform in color means that 85 percent or more of the
kernels in the lot have skin color within the range of one or two color
classifications.
Sec. 51.1449 Uniform in size.
Uniform in size means that, in a representative sample of 100
halves, the 10 smallest halves weigh not less than 25 percent as much
as the 10 largest halves.
Sec. 51.1450 Fairly uniform in size.
Fairly uniform in size means that, in a representative sample of
100 halves, the 10 smallest halves weigh not less than 50 percent as
much as the 10 largest halves.
Sec. 51.1451 Foreign material.
Foreign material includes rocks, wood, glass, plastic, or any
similar material. It does not include hard shell, center wall, or pecan
weevil larvae.
Sec. 51.1452 Damage.
Damage means any specific defect described in this section; or an
equally objectionable variation of any one of these defects, or any
other defect, or any combination of defects, which materially detracts
from the appearance or the edible or marketing quality of the
individual portion of the kernel or of the lot as a whole. The
following defects shall be considered as damage:
(a) Adhering material from inside the shell when attached to more
than one-fourth of the surface on one side of the half-kernel or piece;
(b) Dust or dirt adhering to the kernel when conspicuous;
(c) Internal flesh discoloration of a medium shade of gray or brown
extending more than one-fourth the length of the half-kernel or piece,
or lesser areas of dark discoloration affecting the appearance to an
equal or greater extent;
(d) Kernel which is not well dried;
(e) Kernel which is ``dark amber'' or darker color;
(f) Kernel having more than one dark kernel spot, or one dark
kernel spot more than one-eighth inch in greatest dimension;
(g) Poorly developed kernel; and
(h) Shriveling when the surface of the kernel is very conspicuously
wrinkled.
Sec. 51.1453 Serious damage.
Serious damage means any specific defect described in this section;
or an equally objectionable variation of any one of these defects, or
any other defect, or any combination of defects, which seriously
detracts from the appearance or the edible or marketing quality of the
individual portion of kernel or of the lot as a whole. The following
defects shall be considered as serious damage:
(a) Adhering material from inside the shell when attached to more
than one-half of the surface on one side of the half-kernel or piece;
(b) Any plainly visible mold;
(c) Dark kernel spots when more than three are on the kernel, or
when any dark kernel spot or the aggregate of two or more spots affect
an area of more than 10 percent of the surface of the half-kernel or
piece;
(d) Dark skin discoloration, darker than ``dark brown,'' when
covering more than one-fourth of the surface of the half-kernel or
piece;
(e) Decay affecting any portion of the kernel;
(f) Insects, web, or frass or any distinct evidence of insect
feeding on the kernel;
(g) Internal discoloration, which is dark gray, dark brown, or
black and extends more than one-third the length of the half-kernel or
piece; and
(h) Rancidity when the kernel is distinctly rancid to taste.
Staleness of flavor shall not be classed as rancidity.
Note 1 to Sec. 1453(h): Rancidity refers to the tendency of the
oil in a pecan kernel to become tainted as a result of oxidation or
hydrolysis. Industry measures to determine the tendency of a kernel
to become rancid include testing the kernel's peroxide and free
fatty acid values. Peroxide values should be less than 5 mEq/kg and
free fatty acids acid value should be less than 1 percent. These
analyses are not performed in determination of grade.
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2024-13584 Filed 6-25-24; 8:45 am]
BILLING CODE P