Proposed Rule2022-10856
Revising U.S. Grade Standards for Pecans in the Shell and Shelled Pecans
Primary source
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Published
June 1, 2022
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
The Agricultural Marketing Service (AMS) proposes to revise the U.S. Standards for Grades of Pecans in the Shell and the U.S. Standards for Grades of Shelled Pecans by replacing the current grades with U.S. Extra Fancy, U.S. Fancy, U.S. Choice, and U.S. Standard grades. In addition, AMS proposes to update terminology, definitions, and defect scoring guides.
Full Text
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[Federal Register Volume 87, Number 105 (Wednesday, June 1, 2022)]
[Proposed Rules]
[Pages 33064-33071]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10856]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 87, No. 105 / Wednesday, June 1, 2022 /
Proposed Rules
[[Page 33064]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 51
[Doc No. AMS-SC-21-0039, SC-21-327]
Revising U.S. Grade Standards for Pecans in the Shell and Shelled
Pecans
AGENCY: Agricultural Marketing Service, Department of Agriculture
(USDA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Agricultural Marketing Service (AMS) proposes to revise
the U.S. Standards for Grades of Pecans in the Shell and the U.S.
Standards for Grades of Shelled Pecans by replacing the current grades
with U.S. Extra Fancy, U.S. Fancy, U.S. Choice, and U.S. Standard
grades. In addition, AMS proposes to update terminology, definitions,
and defect scoring guides.
DATES: Comments must be submitted on or before August 1, 2022.
ADDRESSES: Interested persons are invited to submit written comments to
the USDA, Specialty Crops Inspection Division, 100 Riverside Parkway,
Suite 101, Fredericksburg, VA 22406; via fax to (540) 361-1199; or, at
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. Comments should reference the date and
page number of this issue of the Federal Register. Comments will be
posted without change, including any personal information provided. All
comments received within the comment period will become part of the
public record maintained by the Agency and will be made available to
the public via <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Comments will be made
available for public inspection at the above address during regular
business hours or can be viewed at: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Olivia Banks at the address above, or
by phone (540) 361-1120; fax (540) 361-1199; or email
<a href="/cdn-cgi/l/email-protection#57183b3e213e36791536393c24172224333679303821"><span class="__cf_email__" data-cfemail="0c4360657a656d224e6d62677f4c797f686d226b637a">[email protected]</span></a>. Copies of the proposed U.S. Standards for Grades
for Pecans in the Shell and U.S. Standards for Grades of Shelled Pecans
are available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Copies of the current
Standards are available at <a href="https://www.ams.usda.gov/nuts">https://www.ams.usda.gov/nuts</a>.
SUPPLEMENTARY INFORMATION: This proposed action, pursuant to 5 U.S.C.
553, would amend regulations at 7 CFR part 51 issued under the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627), as amended.
These revisions do not affect the Federal marketing order, 7 CFR part
986 (referred to as Marketing Order 986), issued under the Agricultural
Marketing Agreement Act of 1937 (7 U.S.C. 601-674) or applicable
imports.
Executive Orders 12866 and 13563
The Department of Agriculture (USDA) is issuing this proposed rule
in conformance with Executive Orders 12866 and 13563. 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. This proposed action
falls within a category of regulatory actions that the Office of
Management and Budget (OMB) has exempted from review under Executive
Order 12866.
Executive Order 13175
This proposed rule has been reviewed under E.O. 13175--Consultation
and Coordination with Indian Tribal Governments, which requires
agencies to consider whether their rulemaking actions would have tribal
implications.
AMS has determined that this proposed rule is unlikely to have
substantial direct effects on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes.
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This proposed action is not intended to have
retroactive effect. There are no administrative procedures that must be
exhausted prior to any judicial challenge to the provisions of this
rule.
Background
AMS continuously 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 or Grade
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, the year they were issued, and the terminology of
the Standards no longer reflect current industry descriptions and
practices. The National Pecan Shellers Association directed the
initiative to update the Standards for the APC. The APC voted
unanimously to submit their proposed revisions to the USDA. AMS and the
APC have since collaborated to refine the proposed revisions.
The proposed changes to the Standards would replace current grades
with new ones, revise scoring guides for defects, create new sizes, and
revise definitions. AMS proposes to revise the U.S. Standards for
Grades of Pecans in the Shell and the U.S. Standards for Grades of
Shelled Pecans by replacing the current grades with U.S. Extra Fancy,
U.S. Fancy, U.S. Choice, and U.S. Standard grades. The two current
grades for pecans in the shell are U.S. No. 1 and U.S. No. 2. The six
current grades for shelled pecans are U.S. No. 1 Halves, U.S. No. 1
Halves and Pieces, U.S. No. 1 Pieces, U.S. Commercial Halves, U.S.
Commercial Halves and Pieces, and U.S. Commercial Pieces. These
proposed changes represent current industry descriptions and practices.
The proposed 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.
A 60-day comment period is provided for interested persons to
submit comments on the proposed revised
[[Page 33065]]
Grade Standards. Copies of the proposed revised standards are at
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. After the 60-day comment period, AMS will
move forward in accordance with 7 CFR 36.3(a)(1) through (3).
Initial Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601-612), AMS has considered the economic impact of
this proposed rule on small entities. Accordingly, AMS has prepared
this initial 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.
Small agricultural producers are defined by the Small Business
Administration (SBA) as those having annual receipts of no more than
$1,000,000 (13 CFR 121.201). Small agricultural service firms
(handlers) are defined as those with annual receipts of no more than
$30,000,000 (13 CFR 121.201).
USDA used the following data and computations to estimate whether a
majority of U.S. pecan growers and handlers qualify as small or large
businesses, and the potential economic impact of this proposed rule on
them. There are two distinct steps in this computation. The first step
is to use 2017 Agricultural Census date to estimate the number of
commercial pecan growers, using Marketing Order 986's definition of a
grower. The second step is to take that estimated number of commercial
pecan growers and compute the proportion of those growers that are
small or large businesses using the SBA size threshold of $1,000,000 in
annual sales.
Almost all U.S. pecans are grown in a 15-state production area that
consists of Alabama, Arkansas, Arizona, California, Florida, Georgia,
Kansas, Louisiana, Missouri, Mississippi, North Carolina, New Mexico,
Oklahoma, South Carolina, and Texas (7 CFR 986.31). Under Marketing
Order 986, the term ``grower'' includes those who produce a minimum of
50,000 pounds of inshell pecans during a representative period or who
own a minimum of 30 pecan acres (7 CFR 986.17(b)). Growers with an
orchard that is fewer than 30 pecan acres are not regulated by
Marketing Order 986 and do not pay an assessment.
In the 2017 Census of Agriculture, the most recent edition to date,
25 acres is the lower bound of the range that includes 30 acres (25 to
49.9 acres). In the 12 states for which the Census has data on the
number of pecan farms, the Census identified 17,144 total pecan farms.
Of those, 3,221 were farms with 25 pecan acres or more (with bearing
and non-bearing acres). Since Marketing Order 986 defines the threshold
for a commercially viable farm as 30 acres, the estimate of 3,221
commercial pecan farms may be moderately overstated but is the best
available estimate of farms selling into the commercial market and
therefore most affected by grade standards applied to the sale of
pecans to handlers.
The second step in the computation is to estimate the number of
commercial pecan growers that are small and large businesses.
The Census identified 440 farms with sales of more than $1,000,000,
which qualify as a large business under the SBA standard, which
represents 14 percent of the 3,221 farms with 25 or more acres and 3
percent of total pecan farms. Therefore, 86 percent of commercially
viable pecan farms are small businesses under the SBA standard.
The remaining pecan farms do not sell directly into regular
commercial channels but rather sell small quantities to larger farm
operations or other businesses.
The APC estimates there are 105 handlers subject to regulation
under Marketing Order 986. National Agricultural Statistics Service
(NASS) data for the years 2018 through 2020, show that the national
average quantity of pecans produced was 267.3 million pounds, with a
crop value of $442.6 million. Dividing crop value by quantity yields a
3-year average grower price of $1.66 per inshell pound. The average
handler margin is approximately $0.60 per inshell pound according to
evidence presented in 2015 during formal rulemaking for Marketing Order
986. Adding the average handler margin to the 3-year average grower
price of $1.66 per pound results in an estimated handler price of $2.26
per inshell pound. Multiplying the estimated handler price per pound by
the 3-year average production of 267.3 million pounds yields a total
value of production at the handler level of approximately $604 million.
Dividing this handler-level value of pecan production by the number of
handlers (105) results in an average return per handler of $5.75
million, well below the SBA small business threshold of $30,000,000 in
annual receipts. Building in a $0.10 higher or lower cost to account
for changes since the 2015 data, the range of average returns per
handlers could be from $5.5 to $6.0 million, still well below
$30,000,000. Using these estimated prices, utilization volume, and
number of handlers, and assuming a normal bell-curve distribution of
receipts among handlers, the majority of handlers qualify as small
businesses.
Food grading standards provide important quality information to
buyers and sellers that contribute to the efficient marketing of
agricultural commodities. Because the proposed revisions of the 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.
USDA has determined that this rule is consistent with and would
effectuate the purpose of the Agricultural Marketing Act of 1946.
Therefore, this rule proposes to revise the voluntary U.S. Standards
for Grades of Pecans in the Shell and the U.S. Standards for Shelled
Pecans issued under the Agricultural Marketing Act of 1946.
List of Subjects in 7 CFR Part 51
Agricultural commodities, Food grades and standards, Fruits, Nuts,
Reporting and recordkeeping requirements, Vegetables.
For reasons set forth in the preamble, the Agricultural Marketing
Service proposes to amend 7 CFR part 51 as follows:
PART 51--FRESH FRUITS, VEGETABLES, AND OTHER PRODUCTS (INSPECTION,
CERTIFICATION, AND STANDARDS)
0
1. The authority citation for part 51 continues to read as follows:
Authority: 7 U.S.C. 1621-1627.
0
2. Revise Sec. 51.1400 to read as follows:
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) Well cured.
(c) Shells are:
(1) Uniform in color; and
(2) Free from damage by any cause.
(d) Kernels are:
(1) Well developed;
(2) Uniform in color and not darker than ``light;'' and
[[Page 33066]]
(3) Free from damage by any cause.
(e) For tolerances see Sec. 51.1406.
0
3. Revise Sec. 51.1401 to read as follows:
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) Well cured.
(c) Shells are:
(1) Uniform in color; and
(2) Free from damage by any cause.
(d) Kernels are:
(1) Fairly well developed;
(2) Uniform in color;
(3) Not darker than ``light amber,'' unless specified to a lighter
color classification; and
(4) Free from damage by any cause.
(e) For tolerances see Sec. 51.1406.
0
4. Remove the undesignated center heading preceding Sec. 51.1402.
0
5. Revise Sec. 51.1402 to read as follows:
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) Well cured.
(c) Shells are:
(1) Fairly uniform in color; and
(2) Free from serious damage by any cause.
(d) Kernels are:
(1) Not poorly developed;
(2) Fairly uniform in color;
(3) Not darker than ``amber,'' unless specified to a lighter color
classification; and
(4) Free from serious damage by any cause.
(e) For tolerances see Sec. 51.1406.
0
6. Remove the undesignated center heading preceding Sec. 51.1403.
0
7. Revise Sec. 51.1403 to read as follows:
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) Well cured;
(c) No requirement for fullness of kernel;
(d) No requirement for uniformity of color of shells or kernels;
(e) May contain kernels that are ``dark amber'' or darker, unless
specified to a lighter color classification; and
(f) Increased tolerances for defects see Sec. 51.1406.
0
8. Revise the undesignated center heading preceding Sec. 51.1404 to
read as follows:
Size Classification
0
9. Revise Sec. 51.1404 to read as follows:
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
----------------------------------------------------------------------------------------------------------------
Number of nuts per Minimum weight of the 10 smallest nuts per 100-
Size classification pound nut sample
----------------------------------------------------------------------------------------------------------------
Jumbo................................ 55 or less............. In each classification, the 10 smallest nuts per
Extra Large.......................... 56 to 63............... 100 must weigh at least 7% of the total weight
Large................................ 64 to 77............... of the 100 nut-sample.
Medium............................... 78 to 100..............
Small................................ 101 more...............
----------------------------------------------------------------------------------------------------------------
0
10. Revise the undesignated center heading preceding Sec. 51.1405 to
read as follows:
Kernel Color Classification
0
11. Revise Sec. 51.1405 to read as follows:
Sec. 51.1405 Kernel color classification.
(a) The skin color of the pecan kernels may be described in terms
of the color classifications provided in this section. When the color
of kernels in a lot generally conforms to the ``light'' or ``light
amber'' classification, the color classification 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
<a href="https://www.ams.usda.gov/grades-standards">https://www.ams.usda.gov/grades-standards</a>.
0
12. Revise the undesignated center heading preceding Sec. 51.1406 to
read as follows:
Tolerances
0
13. Revise Sec. 51.1406 to read as follows:
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
[[Page 33067]]
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 U.S. Extra Fancy,
U.S. Fancy, or U.S. Choice grades, 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).
0
14. Revise the undesignated center heading preceding Sec. 51.1407 to
read as follows:
Application of Tolerances
0
15. Revise Sec. 51.1407 to read as follows:
Sec. 51.1407 Application of tolerances.
Individual 100-count samples shall have mot 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.
0
16. Add an undesignated center heading preceding Sec. 51.1408 to read
as follows:
Sample for Grade or Size Determination
0
17. Revise Sec. 51.1408 to read as follows:
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.
0
18. Add an undesignated center heading preceding Sec. 51.1409 to read
as follows:
Definitions
0
19. Revise Sec. 51.1409 to read as follows:
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.
0
20. Revise Sec. 51.1410 to read as follows:
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.
0
21. Revise Sec. 51.1411 to read as follows:
Sec. 51.1411 Well developed.
Well developed means that the kernel is full-meated throughout its
width and length.
0
22. Revise Sec. 51.1412 to read as follows:
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.
0
23. Revise Sec. 51.1413 to read as follows:
Sec. 51.1413 Poorly developed.
Poorly developed means that the kernel is full-meated in less than
25 percent of its width and length.
0
24. Revise Sec. 51.1414 to read as follows:
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.
0
25. Revise Sec. 51.1415 to read as follows:
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.
0
26. Remove the undesignated center heading preceding Sec. 51.1416.
0
27. Revise Sec. 51.1416 to read as follows:
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 (6 mm) lengthwise beneath the
center ridge, or any equally objectionable amount in other portions of
the kernel; or lesser areas of dark discoloration affecting the
appearance to an equal or greater extent;
(e) Kernels which are dark amber in color;
(f) Kernels which are not well cured;
(g) Kernel spots when more than one dark spot is present on either
half of the kernel, or when any such spot is more than one-eighth inch
(3 mm) 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.
0
28. Add Sec. 51.1417 to read as follows:
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
[[Page 33068]]
a circle one-fourth inch (6 mm) 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;
(j) Undeveloped kernels having practically no food value, or which
are blank (complete shell containing no kernel); and
(k) Worm holes when penetrating the shell.
0
29. Add Sec. 51.1418 to read as follows:
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
30. Add Sec. 51.1419 to read as follows:
Sec. 51.1419 Rancidity.
Rancidity refers to the tendency of the oil in a pecan kernel to
become tainted as a result of oxidation or hydrolysis. While there is
no definitive measure to determine rancidity, the tendency of the
kernel to become rancid can be evaluated by testing the kernel's
peroxide and free fatty acid values. Peroxide values should be less
than 5 mEq/kg and free fatty acid should be less than 1%.
0
31. Add Sec. 51.1420 to read as follows:
Sec. 51.1420 Kernel moisture content.
Moisture content shall be no more than 6%, unless otherwise
specified.
0
32. Revise Sec. 51.1430 to read as follows:
Sec. 51.1430 U.S. Extra Fancy.
U.S. Extra Fancy consists of pecan half-kernels which meet the
following requirements:
(a) For quality. (1) Well dried;
(2) Well developed;
(3) Uniform in color;
(4) Not darker than ``light;''
(5) Free from damage by any cause; and
(6) 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.
0
33. Revise Sec. 51.1431 to read as follows:
Sec. 51.1431 U.S. Fancy.
U.S. Fancy consists of pecan half-kernels which meet the following
requirements:
(a) For quality. (1) Well dried;
(2) Fairly well developed;
(3) Uniform in color;
(4) Not darker than ``light amber,'' unless specified to a lighter
color classification;
(5) Free from damage by any cause; and
(6) 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.
0
34. Revise Sec. 51.1432 to read as follows:
Sec. 51.1432. U.S. Choice.
U.S. Choice consists of pecan half-kernels which meet the following
requirements:
(a) For quality. (1) Well dried;
(2) Not poorly developed;
(3) Fairly uniform in color;
(4) Not darker than ``amber,'' unless specified to a lighter color
classification;
(5) Free from serious damage by any cause; and
(6) 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.
0
35. Revise Sec. 51.1433 to read as follows:
Sec. 51.1433 U.S. Standard.
U.S. Standard consists of pecan half-kernels which meet the
following requirements:
(a) For quality. (1) Well dried;
(2) No requirement for fullness of kernel;
(3) No requirement for uniformity of kernel;
(4) May contain kernels ``dark amber'' or darker, unless specified
to a lighter color classification; and
(5) Increased tolerances for defects (see Sec. 51.1437).
(b) For size. (1) No uniformity in size; and
(2) Conform to size classification or count specified.
0
36. Add an undesignated center heading preceding Sec. 51.1434 to read
as follows:
Color Classifications
0
37. Revise Sec. 51.1434 to read as follows:
Sec. 51.1434 Color classification.
(a) The skin color of pecan kernels may be described in terms of
the color classifications provided in this section. When the color of
kernels in a lot generally conforms to ``light'' or ``light amber''
classification, that color classification 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
<a href="https://www.ams.usda.gov/grades-standards">https://www.ams.usda.gov/grades-standards</a>.
0
38. Add an undesignated center heading preceding Sec. 51.1435 to read
as follows:
Size Classifications
0
39. Revise Sec. 51.1435 to read as follows:
Sec. 51.1435 Size classification 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) Basis of weight. The number of halves per pound shall be based
upon the weight of half-kernels after all pieces, meal and flour,
shell, center
[[Page 33069]]
wall, and foreign material have been removed.
(b) Size specifications. In lieu of the size classifications in
Table 1 to this section, 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.''
(c) 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.
(d) Tolerances for pieces, meal, and flour--(1) For U.S. Extra
Fancy halves. In order to allow for variations incident to proper
sizing and handling, not more than 5 percent, by weight, of any lot may
consist of pieces, meal, and flour: Provided, That included in this
amount, not more than 3 percent, shall be allowed for portions less
than one-half of a complete half-kernel, including not more than 1
percent for meal and flour.
(2) For U.S. Fancy halves. In order to allow for variations
incident to proper sizing and handling, not more than 15 percent, by
weight, of any lot may consist of pieces, meal, and flour: Provided,
That not more than one-third of this amount, or 5 percent, shall be
allowed for portions less than one-half of a complete half-kernel,
including not more than 1 percent for meal and flour.
(3) For all other halves. In order to allow for variations incident
to proper sizing and handling, not more than 20 percent, by weight, of
any lot may consist of pieces, meal, and flour: Provided, That not more
than one-quarter of this amount, or 5 percent, shall be allowed for
portions less than one-half of a complete half-kernel, including not
more than 1 percent for meal and flour.
Table 1 to Sec. 51.1435
------------------------------------------------------------------------
Size classification for halves Number of halves per pound
------------------------------------------------------------------------
Mammoth................................ 250 or less.
Junior Mammoth......................... 251 to 350.
Jumbo.................................. 351 to 450.
Large.................................. 451 to 550.
Medium................................. 551 to 650.
Topper................................. 651 to 750.
King Topper............................ 751 more.
------------------------------------------------------------------------
0
40. Remove the undesignated center heading preceding Sec. 51.1436.
0
41. Revise Sec. 51.1436 to read as follows:
Sec. 51.1436 Size classification 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) Size specifications. In lieu of the size classifications in
Table 1 to this section, 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 sixteenths or sixty-fourths
of an inch.
(b) 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) For U.S. Extra Fancy and 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 may pass
through an eight sixty-fourths of an inch round hole screen.
(2) For 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 may pass through an eight sixty-
fourths of an inch round hole screen.
(3) For 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 may pass through an eight sixty-
fourths of an inch round hole screen.
Table 1 to Sec. 51.1436
------------------------------------------------------------------------
Minimum diameter
Maximum diameter (will not pass
(will pass through through round
Size classification round opening of opening of the
the following following
diameter) 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.
------------------------------------------------------------------------
0
42. Revise the undesignated center heading preceding Sec. 51.1437 to
read as follows:
Tolerances for Defects
0
43. Revise Sec. 51.1437 to read as follows:
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 provided as specified:
(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;
(4) 3 percent for portions of kernels which are ``dark amber'' or
darker color; 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 for defects causing serious damage: Provided, That any
unused portion of this tolerance may be applied to increase the
tolerance for kernels which are ``dark 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 per 30-pounds of product;
(4) 5 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) 5 percent for portions of kernels which fail to meet the
remaining requirements of the grade, including
[[Page 33070]]
therein not more than 0.50 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 ``dark 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 per 30-pounds of product;
(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.
(d) U.S. Standard grade. (1) No foreign material;
(2) 0.01 percent for shell and center wall;
(3) No limit on the number of pecan weevil larvae per 30 pounds of
product;
(4) 25 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) 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.
0
44. Add an undesignated center heading preceding Sec. 51.1438 to read
as follows:
Application of Standards
0
45. Revise Sec. 51.1438 to read as follows:
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.
0
46. Revise the undesignated center heading preceding Sec. 51.1439 to
read as follows:
Definitions
0
47. Revise Sec. 51.1439 to read as follows:
Sec. 51.1439 Half-kernel.
(a) For Extra Fancy halves, a half-kernel 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.
(b) For all other halves, a half-kernel means one of the separated
halves of an entire pecan kernel with not more than one-quarter of its
original volume missing, exclusive of the portion which formerly
connected the two halves of the kernel.
0
48. Remove the undesignated center heading preceding Sec. 51.1440.
0
49. Revise Sec. 51.1440 to read as follows:
Sec. 51.1440 Piece.
Piece means a portion of a kernel which is less than seven-eighths
of a half-kernel, but which will not pass through a round opening four
sixty-fourths of an inch in diameter.
0
50. Remove the undesignated center heading preceding Sec. 51.1441.
0
51. Revise Sec. 51.1441 to read as follows:
Sec. 51.1441 Meal and flour.
Meal and flour means fragments of kernels which will pass through a
round opening four sixty-fourths of an inch in diameter.
0
52. Revise Sec. 51.1442 to read as follows:
Sec. 51.1442 Well dried.
Well dried means that the portion of kernel is firm and crisp, not
pliable, or leathery. Moisture should be no more than 4.5%, unless
otherwise specified.
0
53. Revise Sec. 51.1443 to read as follows:
Sec. 51.1443 Well developed.
Well developed means that the kernel is full-meated through its
width and length.
0
54. Revise Sec. 51.1444 to read as follows:
Sec. 51.1444 Fairly well developed.
Fairly well developed means that the kernel is full-meated in over
50 percent of its width and length.
0
55. Revise Sec. 51.1445 to read as follows:
Sec. 51.1445 Poorly developed.
Poorly developed means that the kernel is full-meated in less than
25 percent of its width and length.
0
56. Revise Sec. 51.1446 to read as follows:
Sec. 51.1446 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.
0
57. Revise Sec. 51.1447 to read as follows:
Sec. 51.1447 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.
0
58. Revise Sec. 51.1448 to read as follows:
Sec. 51.1448 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.
0
59. Revise Sec. 51.1449 to read as follows:
Sec. 51.1449 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 one-half as much
as the 10 largest halves.
0
60. Revise Sec. 51.1450 to read as follows:
Sec. 51.1450 Foreign material.
Foreign material includes rocks, wood, glass, plastic, insects, or
any similar material. It does not include hard shell, center wall, or
pecan weevil larvae.
0
61. Remove the undesignated center heading preceding Sec. 51.1451.
0
62. Revise Sec. 51.1451 to read as follows:
Sec. 51.1451 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
[[Page 33071]]
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.
0
63. Add Sec. 51.1452 to read as follows:
Sec. 51.1452 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;
(h) Rancidity when the kernel is distinctly rancid to the taste.
Staleness of flavor shall not be classed as rancidity; and
(i) Undeveloped kernel.
0
64. Add Sec. 51.1453 to read as follows:
Sec. 51.1453 Rancidity.
Rancidity refers to the tendency of the oil in a pecan kernel to
become tainted as a result of oxidation or hydrolysis. While there is
no definitive measure to determine rancidity, the tendency of the
kernel to become rancid can be evaluated by testing the kernel's
peroxide and free-fatty acid values. Peroxide values should be less
than 5 mEq/kg and free fatty acid should be less than 1%.
0
65. Add an undesignated center heading and Sec. 51.1454 to read as
follows:
Metric Conversion Table
Sec. 51.1454 Metric conversion table.
Table 1 to Sec. 51.1454
------------------------------------------------------------------------
Millimeters
Inches (mm)
------------------------------------------------------------------------
32/64................................................... 12.7
28/64................................................... 11.1
24/64................................................... 9.5
20/64................................................... 7.9
16/64................................................... 6.4
12/64................................................... 4.8
8/64.................................................... 3.2
6/64.................................................... 2.4
5/64.................................................... 2.0
4/64.................................................... 1.6
------------------------------------------------------------------------
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2022-10856 Filed 5-31-22; 8:45 am]
BILLING CODE P
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