Notice2025-20222
United States Standards for Grades of Orange Juice
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 18, 2025
Effective
November 18, 2025
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
The Agricultural Marketing Service (AMS) is revising the U.S. Standards for Grades of Orange Juice (U.S. OJ Standards). This Interim Final Notice (IFN) revises the limits for Grade B Brix allowances in Pasteurized Orange Juice (POJ) under the U.S. OJ Standards to reference the Food and Drug Administration's (FDA) Standard of Identity (SOI) for POJ.
Full Text
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<title>Federal Register, Volume 90 Issue 220 (Tuesday, November 18, 2025)</title>
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[Federal Register Volume 90, Number 220 (Tuesday, November 18, 2025)]
[Notices]
[Pages 51637-51638]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-20222]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Doc. No. AMS-SC-25-0057]
United States Standards for Grades of Orange Juice
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final notice.
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SUMMARY: The Agricultural Marketing Service (AMS) is revising the U.S.
Standards for Grades of Orange Juice (U.S. OJ Standards). This Interim
Final Notice (IFN) revises the limits for Grade B Brix allowances in
Pasteurized Orange Juice (POJ) under the U.S. OJ Standards to reference
the Food and Drug Administration's (FDA) Standard of Identity (SOI) for
POJ.
DATES:
Effective date: This notice is effective November 18, 2025.
Comment date: To be considered, written comments on this interim
final notice must be received on or before January 20, 2026.
ADDRESSES: Interested persons are invited to submit written comments to
the USDA, Specialty Crops Inspection Division, 100 Riverside Parkway,
Suite 101, Fredericksburg, VA 22406; fax: (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>.
FOR FURTHER INFORMATION CONTACT: Dana N. White at the address above, by
phone (202) 720-5021; fax (540) 361-1199; or email to
<a href="/cdn-cgi/l/email-protection#266247484708714e4f5243665355424708414950"><span class="__cf_email__" data-cfemail="bcf8ddd2dd92ebd4d5c8d9fcc9cfd8dd92dbd3ca">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Section 203(c) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1621-1627), as amended, directs, and authorizes
the Secretary of Agriculture ``to develop and improve standards of
quality, condition, quantity, grade, and packaging, and recommend and
demonstrate such standards in order to encourage uniformity and
consistency in commercial practices.''
AMS is committed to carrying out this authority in a manner that
facilitates the marketing of agricultural commodities and distributes
copies of official standards available upon request. The U.S. Standards
for Grades of Fruits and Vegetables that no longer appear in the Code
of Federal Regulations are maintained by AMS at: <a href="http://www.ams.usda.gov/grades-standards">http://www.ams.usda.gov/grades-standards</a>. AMS is revising the U.S. OJ
Standards using the procedures provided for in part 36 of title 7 of
the Code of Federal Regulations (7 CFR part 36). After consideration of
the public comments to this IFN, AMS will either conclude that the IFN
revisions, as provided for or with minor modifications, should be
adopted and publish a description of the changes or actions in a final
notice, or if AMS determines the IFN revisions are not warranted, or
otherwise are not in the public interest, the agency will either
publish in the Federal Register a notice withdrawing the IFN, or will
revise the IFN and again seek public input.
Background
AMS is revising the U.S. OJ Standards at Sec. 52.1557 Requirements
for Grades, Table VII--Pasteurized Orange Juice. Specifically, this IFN
will remove the existing Brix minimums for Grade B unsweetened and
sweetened POJ and insert a reference to the FDA's SOI regulations for
POJ at 21 CFR 146.140(a).
Historically, to maintain consistency in the domestic orange juice
industry, AMS has based its Brix allowances for POJ under the U.S. OJ
Standards on the FDA's SOI for POJ. Accordingly, USDA's current minimum
requirements for Grade B Brix allowances in POJ under the U.S. OJ
Standards, are based on the FDA's current SOI requirements. Therefore,
for industry consistency, any changes to the FDA's SOI Brix minimum
requirements would result in corresponding changes to the U.S. OJ
Standards. Additionally, some state regulations, including Florida--the
second largest orange juice producer in the United States--require that
Florida orange juice meet the U.S. OJ Standards. Generally, the
domestic orange juice industry relies on the U.S. OJ Standards for
contract requirements related to acceptable POJ standards.
On August 16, 2023, in response to a petition from the Florida
Citrus Processors Association and Florida Citrus Mutual, the FDA issued
a request for information seeking comment on potentially amending the
SOI for POJ by reducing the minimum soluble solids content (i.e., sugar
content) from 10.5[deg] to 10[deg] Brix (88 FR 55607). The Florida
industry requested this change as they struggle to meet the current
requirement due to the devastating effects of citrus greening disease
(infected trees produce a lower Brix level). FDA has published a
proposed rule that would amend the SOI for POJ by lowering the minimum
orange juice soluble solids content from 10.5[deg] to 10[deg] Brix (90
FR 37817). Should FDA finalize its proposed amendment to the SOI for
POJ, USDA would need to amend its U.S. OJ Standards accordingly.
However, if the USDA changes are not made concurrently with the FDA's
changes, Florida producers would be bound by a higher Brix level under
the U.S. OJ Standards and not realize the relief granted by FDA's
reduced Brix minimums. This inconsistency would likely cause
significant disruption to producers, undue economic hardship, and
negative impacts on commerce.
Accordingly, this revision to the U.S. OJ Standards, effective
immediately, would remove the specific Brix allowances for Grade B POJ,
and instead, would incorporate the FDA's POJ SOI regulation to ensure
USDA and FDA's Brix allowances for POJ remain consistent. This
alignment of the U.S. OJ Standards with FDA's SOI will prevent any
future discrepancy between the agencies' respective brix minimums for
POJ.
While the revisions to the U.S. standard for POJ will be effective
immediately upon publication of this IFN, there will be a 60-day
comment period for interested parties to submit comments to the agency
on the revisions. After consideration of the public comments, AMS will
either conclude that the IFN revisions to the U.S. OJ Standards, as
provided for in this IFN or with minor modifications, should become
affirmed and publish a description of the minor changes, if any,
through a final notice, or if AMS determines the IFN revisions are not
warranted, or otherwise are not in the public interest, the agency will
either publish in the Federal Register a notice withdrawing the IFN, or
will revise the IFN and again seek public input.
The agency finds that it is unnecessary to first seek notice and
comment on these revisions prior to
[[Page 51638]]
making the revisions effective immediately. The revisions are non-
controversial and well-supported by industry; they are unlikely to
solicit any adverse comments. Further, by allowing for a 60-day comment
period prior to finalizing the revisions through a final notice, the
delay is likely to cause disruption to the orange juice industry. While
the FDA's proposed rulemaking is not final, the FDA has enforcement
discretion for its SOIs related to POJ and may exercise such discretion
before its rulemaking related to POJ Brix minimums is finalized.
Therefore, if USDA does not immediately revise its POJ standards, the
orange juice industry may not realize the relief granted by FDA's
proposed reduced Brix minimums should FDA exercise its enforcement
discretion until after the USDA's 60-day comment period and issuance of
a final notice (7 CFR 36.3). For these reasons, USDA is issuing this
IFN.
Therefore, AMS is making the following changes:
<bullet> Sec. 52.1557 Requirements for Grades, Table VII--
Pasteurized Orange Juice: AMS will remove the corresponding minimum
Brix values for U.S. Grade B unsweetened and sweetened pasteurized
orange juice (10.5 and 10.5) and insert a footnote designated as
``Footnote 4.'' Footnote 4 will read, ``See values set forth in 21 CFR
146.140(a).''
Erin Morris.
Administrator, Agricultural Marketing Service.
[FR Doc. 2025-20222 Filed 11-17-25; 8:45 am]
BILLING CODE P
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