[Federal Register: November 21, 2008 (Volume 73, Number 226)]
[Rules and Regulations]               
[Page 70585-70587]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21no08-1]                         



	
	
	
	

Rules and Regulations
                                                Federal Register
________________________________________________________________________

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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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[[Page 70585]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 51

[Docket  AMS-FV-2006-0136; FV-06-303-C]

 
United States Standards for Grades of Potatoes

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Correcting amendments.

-----------------------------------------------------------------------

SUMMARY: The Agricultural Marketing Service (AMS) published a final 
rule in the Federal Register on March 21, 2008 (FR Doc. 08-1058), 
revising the United States Standards of Grades of Potatoes. As 
published, the final regulations contain errors in Sec. Sec.  51.1545, 
51.1546, 51.1664, and 51.1565 that are misleading and are in need of 
clarification. This document corrects those errors.

DATES: Effective Date: November 21, 2008.

FOR FURTHER INFORMATION CONTACT: Vincent J. Fusaro, Standardization 
Section, Fresh Products Branch, Fruit and Vegetable Programs (202) 720-
2185.

SUPPLEMENTARY INFORMATION: This document provides correcting amendments 
to the U.S. Grade Standards for Grades of Potatoes, found respectively 
at 7 CFR part 51.

List of Subjects in 7 CFR Part 51

    Agricultural commodities, Food grades and standards, Fruits, Nuts, 
Reporting and recordkeeping requirements, Trees, Vegetables.

PART 51--[CORRECTED]

0
1. The authority citation for part 51 continues to read as follows:

     Authority: 7 U.S.C. 1621-1627.

0
3. In Sec.  51.1545, Table 1 is revised to read as follows:


Sec.  51.1545  Size.

* * * * *

                                                     Table 1
----------------------------------------------------------------------------------------------------------------
                                               Minimum diameter \1\  or weight   Maximum diameter \1\  or weight
               Size designation               ------------------------------------------------------------------
                                                   Inches           Ounces           Inches           Ounces
----------------------------------------------------------------------------------------------------------------
Creamer......................................           \3/4\            (\3\)          1\5/8\             (\3\)
Chef.........................................          2\3/4\               8           4\1/2\               28
Size A\2\....................................          1\7/8\            (\3\)            (\3\)            (\3\)
Size B.......................................          1\1/2\            (\3\)          2\1/4\             (\3\)
Small........................................          1\3/4\            (\3\)          2\1/2\                6
Medium.......................................          2\1/4\               5           3\1/4\               10
Large........................................               3              10           4\1/2\              28
----------------------------------------------------------------------------------------------------------------
\1\ Diameter means the greatest dimension at right angles to the longitudinal axis, without regard to the
  position of the stem end.
\2\ In addition to the minimum size specified, a lot of potatoes designated as Size A shall contain at least 40
  percent of potatoes which are 2\1/2\ inches in diameter or larger or 6 ounces in weight or larger.
\3\ No requirement.

* * * * *
0
3. In Sec.  51.1546, paragraph (a) is revised to read as follows:


Sec.  51.1546  Tolerances.

* * * * *
    (a) For defects--(1) U.S. No. 1. (i) At Shipping Point. A total of 
8 percent for potatoes in any lot which fail to meet the requirements 
for the grade: Provided, that included in this tolerance not more than 
the following percentages shall be allowed for the defects listed:
    (A) 5 percent for external defects;
    (B) 5 percent for internal defects;
    (C) Including therein not more than 1 percent for potatoes which 
are frozen or affected by soft rot or wet breakdown. See Sec.  51.1547.
    (ii) En route or at Destination. A total of 10 percent for potatoes 
in any lot which fail to meet the requirements for the grade: Provided, 
that included in this tolerance not more than the following percentages 
shall be allowed for the defects listed:
    (A) 7 percent for external defects;
    (B) 7 percent for internal defects;
    (C) Including therein not more than 2 percent for potatoes which 
are frozen or affected by soft rot or wet breakdown. See Sec.  51.1547.
    (2) U.S. Commercial. A total of 20 percent for potatoes in any lot 
which fail to meet the requirements for the grade: Provided, that 
included in this tolerance not more than the following percentages 
shall be allowed for the defects listed:
    (i) 10 percent for potatoes which fail to meet the requirements for 
U.S. No. 2 grade, including therein not more than:
    (ii) 6 percent for external defects;
    (iii) 6 percent for internal defects; or,
    (iv) Including therein not more than 1 percent for potatoes which 
are frozen or affected by soft rot or wet breakdown. See Sec.  51.1547.
    (3) U.S. No. 2. (i) At Shipping Point: A total of 10 percent for 
potatoes in any lot which fail to meet the requirements for the grade: 
Provided, that included in this tolerance not more than the following 
percentages shall be allowed for the defects listed:
    (A) 6 percent for external defects;

[[Page 70586]]

    (B) 6 percent for internal defects;
    (C) Including therein not more than 1 percent for potatoes which 
are frozen or affected by soft rot or wet breakdown. See Sec.  51.1547.
    (ii) En route or at Destination: A total of 12 percent for potatoes 
in any lot which fail to meet the requirements for the grade: Provided, 
that included in this tolerance not more than the following percentages 
shall be allowed for the defects listed:
    (A) 8 percent for external defects;
    (B) 8 percent for internal defects;
    (C) Including therein not more than 2 percent for potatoes which 
are frozen or affected by soft rot or wet breakdown. See Sec.  51.1547.
* * * * *
0
4. In Sec.  51.1564, Table III, the entries ``Bruises (Not including 
pressure bruise and sunken discolored areas)''; ``Growth Cracks''; and 
``Sprouts'' are revised to read as follows:


Sec.  51.1564  External Defects.

* * * * *

                       Table III--External Defects
                              * * * * * * *
------------------------------------------------------------------------
           Defect                    Damage                Serious
------------------------------------------------------------------------

                              * * * * * * *
Bruises (Not including        When removal causes   When the removal
 pressure bruise and sunken    a loss of more than   causes a loss of
 discolored areas).            5 percent of the      more than 10
                               total weight of the   percent of the
                               potato or when the    total weight of the
                               area affected is      potato or when the
                               more than 5 percent   area affected is
                               of the surface in     more than 10
                               the aggregate         percent of the
                               (i.e., \3/4\ inch     surface in the
                               on a 6 oz. potato).   aggregate (i.e.,
                               Correspondingly       1\1/4\ inches on a
                               lesser or greater     2\1/2\ inch or 6
                               areas in smaller or   oz. potato).
                               larger areas.         Correspondingly
                                                     lesser or greater
                                                     areas in smaller or
                                                     larger potatoes.

                              * * * * * * *
Growth Cracks...............  When the growth       When the growth
                               crack(s) affects      crack(s) affects
                               more than \1/2\ the   more than \3/4\ the
                               length of the         length of the
                               potato in the         potato in the
                               aggregate on round    aggregate or when
                               varieties or more     the depth is
                               than \1/3\ the        greater than that
                               length in the         as outlined in
                               aggregate on long     Table V. (See Table
                               varieties; or, when   V.).
                               the depth is
                               greater than that
                               as outlined in
                               Table V. (See Table
                               V.).

                              * * * * * * *
Sprouts.....................  When more than 5      When more than 10
                               percent of the        percent of the
                               potatoes in a lot     potatoes in a lot
                               have sprouts in       have sprouts in
                               clusters or any       clusters or any
                               individual sprout     individual sprout
                               more than \1/4\       more than \1/2\
                               inch in length at     inch in length at
                               shipping point and    shipping point and
                               \1/2\ inch in         1 inch in length at
                               length at             destination.
                               destination.

                              * * * * * * *
------------------------------------------------------------------------

* * * * *
0
5. In Sec.  51.1565, the heading of Table I is revised and the entry 
``Light Brown Discoloration (Brown Center)'' is revised to read as 
follows:


Sec.  51.1565  [Amended]

                       Table VII--Internal Defects
                              * * * * * * *
------------------------------------------------------------------------
                                     Damage                Serious
           Defects           -------------------------------------------
                                 Maximum allowed       Maximum allowed
------------------------------------------------------------------------

                              * * * * * * *
Light Brown Discoloration     Area affected not to  Area affected not to
 (Brown Center).               exceed that of a      exceed that of a
                               circle \1/2\ inch     circle \3/4\ inch
                               in diameter in a      in diameter in a
                               potato 2\1/2\         potato 2\1/2\
                               inches in diameter    inches in diameter
                               or 6 ounces in        or 6 ounces in
                               weight.\1\            weight.\1\

                               * * * * * *
------------------------------------------------------------------------



[[Page 70587]]

    Authority: 7 U.S.C. 1621-1627.

    Dated: November 12, 2008.
David R. Shipman,
Administrator, Agricultural Marketing Service.
[FR Doc. E8-27288 Filed 11-20-08; 8:45 am]

BILLING CODE 3410-02-P