[Federal Register: March 25, 2002 (Volume 67, Number 57)]
[Notices]
[Page 13597-13598]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25mr02-23]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Docket No. FV-02-330]
United States Standards for Grades of Canned Mushrooms
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice; withdrawal.
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SUMMARY: The Agricultural Marketing Service (AMS) of the Department of
Agriculture (USDA) published a notice soliciting comments on its
proposed revision to change the United States Standards for Grades of
Canned Mushrooms. Specifically, AMS proposed to lower the Recommended
Minimum Drained Weight Averages (RMDWA's) and lower limits for
mushrooms packed in the 8 ounce, jumbo, and No. 10 can sizes. After
reviewing and considering the comments received, the Agency has decided
to withdraw the proposal and terminate the action.
EFFECTIVE DATE: March 25, 2002.
FOR FURTHER INFORMATION CONTACT: Chere L. Shorter, Processed Products
Branch, Fruit and Vegetable Programs, Agricultural Marketing Service,
U.S. Department of Agriculture, Room 0709, South Building; STOP 0247,
Washington, DC 20250; faxed to (202) 690-1527; or e-mailed to
Chere.Shorter@usda.gov.
The current United States Standards for Grades of Canned Mushrooms,
along with the proposed changes, are available either through the
address cited above or by accessing the Internet at http://
www.ams.usda.gov/fv/ppb.html. Any comments received, regarding this
notice will also be posted on that site.
SUPPLEMENTARY INFORMATION:
Background
In August 1990, USDA, through one of its field offices, received a
letter from a food importer in New York alerting AMS to the disparity
in the United States Standards for Grades of Canned Mushrooms. The
company proposed that the RMDWA's in the U.S. Standards for Grades of
Canned Mushrooms be lowered to 56 percent of the water capacity of the
container, the FDA minimum fill requirement appearing in 21 CFR
155.201.
[[Page 13598]]
In consideration of this proposal, AMS gathered information from
government and industry sources.
Drained weight, although not a factor of quality in canned
mushrooms, is very important in connection with the marketing of
processed fruit and vegetable products. Drained weight indicates the
amount of fruit and vegetable ingredient in relation to packing media
and to some extent the degree to which a product may have disintegrated
during processing and handling. Most U.S. standards for canned fruits
and vegetables contain a recommended drained weight. Drained weight,
when applicable, is a requirement in federal specifications and other
purchase specifications or contracts. The USDA reports the range of
drained weights on their certificates when there is a mandatory FDA
requirement, such as for canned mushrooms. Although drained weight is
an FDA mandatory requirement in canned mushrooms, buyers and sellers
can establish their own specification of minimum drained weights that
exceed the FDA.
Presently, the U.S. standard for canned mushrooms includes a
recommended minimum drained weight of 62 percent of the water capacity,
or for example, 68.0 ounces for the No. 10 can, while the FDA minimum
is 61.3 ounces (56 percent) for this can size. The water capacity is
determined according to the FDA method outlined in 21 CFR 130.12. The
FDA established its current 56 percent minimum in rulemaking based upon
a petition from the National Food Processors Association (NFPA)
requesting that the drained weight required for mushrooms packed in
larger cans be reduced because of the high incidence of bacterial
spoilage in such containers. The FDA initiated rulemaking in a proposed
rule (47 FR 26843; June 22, 1982). The NFPA attributed the problem to
overfilling to meet the drained weight requirement. Therefore, the NFPA
proposed to reduce the drained weight requirement for larger cans so
that the ratio of mushrooms to water capacity of the container was not
less than 56 percent. A final rule was published in the Federal
Register on March 15, 1983 (48 FR 10812) and a Federal Register Notice
confirming the effective dates was published on September 14, 1983 (48
FR 41155.)
The USDA published a notice in the Federal Register, on December 4,
1998 (63 FR 67040), proposing to revise the U.S. Standards for Grades
of Canned Mushrooms by lowering the recommended drained weight from 62
percent to 56 percent of the can capacity.
A 60 day comment period was provided for interested persons to send
in comments on this recommended change to the Standards.
AMS received one comment that was opposed to the change in drained
weight. The commenter stated that the change would result in a lack of
uniformity in that there would be a larger number of pack sizes within
the narrow range of 56 to 62 percent of the water capacity. They also
stated that the change would require expensive changes in the
manufacturing process, through new heat penetration studies, new
labels, and new in-plant procedures resulting in a restructuring of the
manufacturing process. And finally, the commenter felt that the
marketing environment would become more confused as a result. AMS
believes that the comments have merit and therefore has decided to
withdrawal the proposal and terminate the action.
In another matter, the commenter wanted a review of the current
color standards for canned mushrooms. They stated that due to the
extreme difficulty in achieving Grade A color in glass, that the
minimum color classifications be reviewed.
Because this response is beyond the scope of the intended notice,
USDA will review this discussion in another forum when more data is
available. Interested parties are however encouraged to submit data to
justify reviewing the minimum color requirements for canned mushrooms.
After reviewing and considering the comments received, the Agency
has decided not to proceed with the action. Therefore, the notice
published December 4, 1998 (64 FR 67040) is withdrawn.
Dated: March 18, 2002.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 02-7109 Filed 3-22-02; 8:45 am]
BILLING CODE 3410-02-P