Proposed Rule2023-04741
United States Standards for Grades of Processed Raisins
Primary source
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Published
March 8, 2023
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
The Agricultural Marketing Service (AMS) proposes to revise the United States Standards for Grades of Processed Raisins. AMS is proposing to modify two references to the allowances for capstems within the standards to modernize the standards to reflect current industry practices. The proposal also includes minor editorial changes to table headings to align with updated Code of Federal Regulations (CFR) formatting requirements.
Full Text
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<title>Federal Register, Volume 88 Issue 45 (Wednesday, March 8, 2023)</title>
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[Federal Register Volume 88, Number 45 (Wednesday, March 8, 2023)]
[Proposed Rules]
[Pages 14296-14298]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04741]
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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. 88, No. 45 / Wednesday, March 8, 2023 /
Proposed Rules
[[Page 14296]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 52
[Doc. No. AMS-SC-21-0091, SC-22-326]
United States Standards for Grades of Processed Raisins
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: The Agricultural Marketing Service (AMS) proposes to revise
the United States Standards for Grades of Processed Raisins. AMS is
proposing to modify two references to the allowances for capstems
within the standards to modernize the standards to reflect current
industry practices. The proposal also includes minor editorial changes
to table headings to align with updated Code of Federal Regulations
(CFR) formatting requirements.
DATES: Comments must be submitted on or before May 8, 2023.
ADDRESSES: Interested persons are invited to submit comments to the
Standardization Branch, Specialty Crops Inspection Division, Specialty
Crops Program, Agricultural Marketing Service, U.S. Department of
Agriculture, National Training and Development Center; 100 Riverside
Parkway, Suite 101; Fredericksburg, Virginia 22406; fax: (540) 361-
1199, or via the internet at: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Comments
should reference the date and page numbers of this issue of the Federal
Register. All comments submitted in response to this proposed rule will
become a part of the public record and be made available to the public
including any personal information provided at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Brian E. Griffin at the address above,
or at phone (202) 748-2155; fax (540) 361-1199; or email
<a href="/cdn-cgi/l/email-protection#89cbfbe0e8e7a7cefbe0efefe0e7c9fcfaede8a7eee6ff"><span class="__cf_email__" data-cfemail="2361514a424d0d64514a45454a4d63565047420d444c55">[email protected]</span></a>. Copies of the proposed U.S. Standards for
Grades of Processed Raisins are available on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Copies of the current U.S. Standards for Grades of
Processed Raisins are available at <a href="https://www.ams.usda.gov/grades-standards/fruits">https://www.ams.usda.gov/grades-standards/fruits</a>.
SUPPLEMENTARY INFORMATION: This proposed action, pursuant to 5 U.S.C.
553, would amend regulations at 7 CFR part 52 issued under the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627), as amended.
These revisions to the U.S. grade standards would also be reflected in
enforcement of the grade requirements under the Federal marketing
order, 7 CFR part 989, issued under the Agricultural Marketing
Agreement Act of 1937 (7 U.S.C. 601-674) which regulates the handling
of raisins produced from grapes grown in California, and 7 CFR part
999, which regulates the importation of raisins into the United States.
Executive Orders 12866 and 13563
The U.S. 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 continually reviews all fruit and vegetable grade standards to
ensure their usefulness to the industry, and to modernize language and
remove duplicative terminology. Changes to the headings for all tables
within the U.S. Standards for Grades of Processed Raisins are required
to reflect current CFR formatting requirements. Conforming changes to
cross references to those tables within the standards are also
proposed.
On October 13, 2017, AMS received a petition from the Raisin
Administrative Committee (RAC), which locally administers the Federal
marketing order regulating the handling of raisins produced from grapes
grown in California (7 CFR part 989). The petition requested that AMS
reduce the number of allowable capstems for all varietals, except Zante
Currants, in all three Grades (A, B, and C) as follows: for Type I,
Seedless Raisins and Type II, Golden Seedless Raisins the allowances
for capstems would change in Grade A, from 15 to 10, in Grade B from 25
to 15, and in Grade C from 35 to 20. For Sultana Raisins the allowances
for capstems would change in Grade A from 25 to 10, in Grade B from 45
to 15, and in Grade C from 65 to 20. The RAC further stated that, since
1978, the industry has adopted major improvements, including laser
sorters, x-rays, and super vacuums, which allow the industry to clean
and sort with far superior results that ultimately exceed the current
U.S. Standards for Grades of Processed Raisins.
Prior to developing proposed revisions to these grade standards,
AMS solicited comments and suggestions from the RAC in the form of a
discussion draft of the revised standards. On December 20, 2017, the
RAC provided a positive response to the discussion draft.
[[Page 14297]]
The AMS Agricultural Analytics Division helped develop a study to
compare USDA inspection results for capstems for a specified period of
time with those that would be obtained under the proposed changes
submitted by the RAC based on data collected from AMS offices. The date
range for the study was from October 4, 2016, to August 15, 2019,
encompassing a total of 28,059 inspection results of all varietals,
except Zante Currants, of both domestically produced raisins and
imported raisins. AMS received the final report from the Agricultural
Analytics Division on May 26, 2020. The report indicates that only
1.03% of all inspections--for both domestic and imported raisins--
during the study's date range would result in raisins grading
differently under the proposed capstem allowances than they did under
the current allowances, leaving a full 98.97% of lots of raisins
inspected unchanged in their classification. See Report on Changing
Capstem Allowances as supporting documentation to this notice.
Aware of the potential international implications that could result
from tightening the allowances for capstems, the AMS International
Standards Coordinator engaged with the Codex Committee on Processed
Fruits and Vegetables regarding the draft revised standard for raisins
to mitigate any opposition on the pending proposal. To gauge reaction
to proposed changes in the U.S. Standards for Grades of Processed
Raisins, AMS also contacted the United Nations Economic Commission for
Europe's (UNECE) largest member countries that produce raisins; Turkey;
Germany, Europe's largest importer and consumer of raisins and dean of
the European Union standardization sector; and the International Nut
and Dried Fruit Council (INC), the largest international dry produce
(fruits and nuts) member organization. SCI reached out in July 2020 and
heard responses from October 2020 to February 2021 and ultimately made
the decision to continue forward. While there was not consensus on the
changes, which is not uncommon, with the AMS Agricultural Analytics
Division finding that only slightly more than 1% of recent raisin
inspections would result in a change of grade under the proposed rule,
AMS does not expect the proposal to be overly burdensome on the
international market, if enacted. Furthermore, the RAC believes that
reducing the amount of allowable capstems would incentivize the use of
the improved, modern technologies available to the industry. As the RAC
also has stated that reduction in the amount of allowable capstems
would result in a safer and better product for consumers, AMS is moving
forward with this proposed rule to elicit comments from stakeholders
concerning the proposal's efficacy.
A 60-day comment period is provided for interested persons to
submit comments on the proposed revised 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 the requirements set forth in the Regulatory
Flexibility Act (RFA), AMS has considered the economic impact of this
action 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.
According to the industry, there are approximately 2,000 raisin
growers in California. According to the National Agricultural
Statistics Service, for the 2020/21 season, the total value of
production for raisin grapes was $353,200,000. Taking the total value
of production for raisins and dividing it by the total number of raisin
growers provides a return per grower of $176,600. A small grower as
defined by the Small Business Administration (SBA) (13 CFR 121.201) is
one that grosses $3,500,000 or less, annually. Therefore, most raisin
producers are considered small entities under SBA's standards.
According to the industry, for the 2020/21 season there are 22
handlers. A small agricultural service firm as defined by the SBA is
one that grosses $30,000,000 or less, annually. Based on the annual
NASS handler report, for the 2020/21 season, 242,427 tons of raisins
have been transferred to handlers for packing and shipment as of August
31, 2021. The average grower price for raisins, for the 2020 crop, was
$1,191 per ton. A reasonable assumption is that handlers would sell at
a 10 percent markup over the grower price, resulting in a selling price
of approximately $1,310 per ton. Multiplying the handler's selling
price per ton by the total number of packed tons shipped during the
2020 season provides a gross revenue of $317,579,370. Dividing the
total revenue by the number of handlers reveals an average revenue per
handler of $14,435,425. A small agricultural service firm as defined by
the SBA is one that grosses $30,000,000 or less, annually. Based on the
calculations above, the majority of raisin handlers are considered
small entities under SBA's standards. This action should not have any
impact on handlers' or growers' benefits or costs.
List of Subjects in 7 CFR Part 52
Administrative practice, Fees, Food grades and standards, Food
labeling, Frozen foods, Fruit juices, Fruits, Reporting and
recordkeeping requirements, Vegetables.
For reasons set forth in the preamble, the Agricultural Marketing
Service proposes to amend 7 CFR part 52 as follows:
PART 52--PROCESSED FRUITS AND VEGETABLES, PROCESSED PRODUCTS
THEREOF, AND CERTAIN OTHER PROCESSED FOOD PRODUCTS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 7 U.S.C. 1621--1627.
0
2. Amend Sec. 52.1846 by:
0
a. Removing, in paragraphs (a), (b), and (c) the words ``Table I of
this subpart'' and adding in their places the words ``Table 1 to this
section''; and
0
b. Revising, in the table following paragraph (d), the heading and the
entry for capstems.
The revisions read as follows:
Sec. 52.1846 Grades of seedless raisins.
* * * * *
Table 1 to Sec. 52.1846--Allowances for Defects in Type I, Seedless Raisins and Type II, Golden Seedless
Raisins
----------------------------------------------------------------------------------------------------------------
Defects U.S. Grade A U.S. Grade B U.S. Grade C
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Maximum count (per 16 ounces)
[[Page 14298]]
Capstems........................................................ 10 15 20
* * * * * * *
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Sec. 52.1849 [Amended]
0
3. Amend Sec. 52.1849 by removing the words ``Table I'' and adding in
their place the words ``Table 1 to Sec. 52.1846''.
Sec. 52.1852 [Amended]
0
4. Amend Sec. 52.1852 by:
0
a. Removing, in paragraphs (a), (b), and (c), the words ``Table II of
this subpart'' and adding in their places the words ``Table 1 to this
section''; and
0
b. Revising the heading of the table following paragraph (d) to read
``Table 1 to Sec. 52.1852--Allowances for Defects in Raisins with
Seeds--Except Layer or Cluster''.
Sec. 52.1853 [Amended]
0
5. Amend Sec. 52.1853 by:
0
a. Removing, in paragraphs (a) and (b), the words ``Table III of this
subpart'' and adding in their place the words ``Table 1 to this
section''; and
0
b. Revising the heading of the table following paragraph (c) to read
``Table 1 to Sec. 52.1853--Allowances for Defects in Layer or Cluster
Raisins with Seeds''.
0
6. Amend Sec. 52.1855 by:
0
a. Removing, in paragraphs (a), (b), and (c), the words ``Table IV of
this subpart'' and adding in their places the words ``Table 1 to this
section''; and
0
b. Revising, in the table following paragraph (b), the heading and the
entry for capstems.
The revisions read as follows:
Sec. 52.1855 Grades of Sultana raisins.
* * * * *
Table 1 to Sec. 52.1855--Allowances for Defects in Sultana Raisins
----------------------------------------------------------------------------------------------------------------
Defects U.S. Grade A U.S. Grade B U.S. Grade C
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Maximum count (per 16 ounces)
Capstems........................................................ 10 15 20
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Sec. 52.1857 [Amended]
0
7. Amend Sec. 52.1857 by:
0
a. Removing in paragraphs (a) and (b) the words ``Table V of this
subpart'' and adding in their places the words ``Table 1 to this
section''; and
0
b. Revising the heading of the table following paragraph (a) to read
``Table 1 to Sec. 52.1857--Allowances for Defects in Zante Currant
Raisins''.
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2023-04741 Filed 3-7-23; 8:45 am]
BILLING CODE 3410-02-P
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