[Federal Register: May 23, 2003 (Volume 68, Number 100)]
[Proposed Rules]
[Page 28141-28157]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 51
[Docket Number FV-98-304]
United States Standards for Grades of Pistachio Nuts in the
Shell, and United States Standards for Grades of Shelled Pistachio Nuts
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The proposed rule would revise the United States Standards for
Grades of Pistachio Nuts in the Shell and the United States Standards
for Grades of Shelled Pistachio Nuts. The proposed revisions would
modify the standards to more closely align grade names with other tree-
nut commodities and current industry-recognized marketing terms, reduce
the tolerance for internal defects for the purpose of providing a
higher degree of quality assurance, relax tolerances of the level of
light stain on the shell in the various grade levels based on consumer
preferences, more objectively define when nuts are damaged by various
factors, and include two in-shell grade specifications which reflect
the industry's byproduct. These changes are being proposed by the
Agricultural Marketing Service (AMS) to promote greater uniformity and
consistency in the standards. The current grades and standards were
adopted in 1986 and 1990, respectively. These changes are needed to
provide consistency with current marketing practices.
DATES: Comments must be received by June 23, 2003.
ADDRESSES: Interested parties are invited to submit written comments
concerning this proposal. Comments must be sent to the Standardization
Section, Fresh Products Branch, Fruit and Vegetable Programs,
Agricultural Marketing Service, U.S. Department of Agriculture, 1400
Independence Avenue, SW., Room 2065 South Building, Stop 0240,
Washington, DC 20250-0240; Fax (202) 720-8871; E-mail
FPB.DocketClerk@usda.gov. Comments should reference the date and page
number of this issue of the Federal Register and will be made available
for public inspection at the above office during regular business
hours.
FOR FURTHER INFORMATION CONTACT: David L. Priester, at the above
address or call (202) 720-2185; E-mail David.Priester@usda.gov.
SUPPLEMENTARY INFORMATION:
Executive Order 12988 and 12866
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This action is not intended to have retroactive effect.
This rule will not preempt any State or local laws, regulations, or
policies, unless they present an irreconcilable conflict with this
rule. There are no administrative procedures which must be exhausted
prior to any judicial challenge to the provisions of the rule. The
Office of Management and Budget has waived the review process required
by Executive Order 12866 for this action.
Regulatory Flexibility Act
Pursuant to the requirements set forth in the Regulatory
Flexibility Act (RFA), AMS has considered the economic impact of this
action on small entities. 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.
Accordingly, AMS has prepared this initial regulatory flexibility
analysis. Interested parties are invited to submit information on the
regulatory and informational impacts of this action on small
businesses.
Available information provided by the California Pistachio
Commission (CPC) show that there are 647 California pistachio producers
and 19 California handlers of pistachio nuts, most of which are also
growers or have grower members. Additional information provided by CPC
show that 445 California pistachio producers (69% of the total) produce
less than 100,000 pounds per year; 100 producers (15%) produce more
than 100,000 and less than 250,000 pounds; 43 growers (7%) produce more
than 250,000 and less than 500,000 pounds; and 59 producers (9%) grow
more than 500,000 pounds. U.S. grade standards for pistachios would
normally be used at the sales level of marketing, which is ordinarily
carried out at the processor/packer level or after processing has been
completed. Pistachio nuts may be marketed by multiple commodity
marketing firms.
The California Department of Food and Agriculture Resource
Directory 2002, reports that California accounted for more than 99
percent of domestic pistachio production. More current information
available to the Department indicates that California has 97 percent of
domestic production with Arizona at 2 percent and New Mexico with less
than 1 percent.
Small agricultural service firms, which include handlers (packers,
brokers, distributors, importers, etc.), have been defined by the Small
Business Administration (SBA) (13 CFR 121.601) as those having annual
receipts of less than $5,000,000 and small agricultural producers are
defined as those having annual receipts of less than $750,000. The
pistachio industry is characterized by growers that produce from .1 to
more than 500 acres. Approximately 9 percent of the California
pistachio growers receive more than $550,000 annually. Only a portion
of these producers would meet SBA's definition of a small agricultural
producer. At least 12 of the California pistachio handlers (or 63
percent of the total) could be considered small businesses under SBA's
definition. We would expect that similar size determinations would hold
for the remainder of domestic production.
This rule revises the standards in order to more closely align the
grade names with other tree nut commodities and current industry
recognized marketing terms, reduce the tolerance for internal defects
for the purpose of providing a higher degree of quality assurance to
consumers, relax the level of light stain on the shell, more
objectively define when nuts are damaged by various factors, and
establish two additional grades which reflect the industry's marketing
of in-shell byproducts. The benefits of this rule are not expected to
be disproportionately greater or smaller for small handlers or
producers than for large entities.
Alternatives were considered for this action. One alternative would
be to not
[[Page 28142]]
issue a rule. However, the need for revisions have increased as a
result of changing marketing characteristics by industry, several years
of work with the industry to assess market and grower implications, and
other input from all sectors of the pistachio industry and government.
Since the purpose of these standards is to expedite the marketing of
pistachio nuts in the U.S., not revising the standards would result in
disuse of national standards and confusion in terms of industry
marketing and the proper application of the grade standards.
This action will make the standards more consistent and uniform
with current industry terms and practices. This action would not impose
substantial direct economic cost, record keeping, or personnel workload
changes on small entities, and it would not alter the market share or
competitive position of these entities relative to large businesses.
USDA has not identified any Federal rules that currently duplicate,
overlap, or conflict with this rule. In addition, under the
Agricultural Marketing Act of 1946, the use of these standards is
voluntary.
This proposed rule would revise the United States Standards for
Grades of Pistachio Nuts in the Shell and the United States Standards
for Grades of Shelled Pistachio Nuts that were issued under the
Agricultural Marketing Act of 1946. These standards are voluntarily
used by industry as a common trading language to market pistachio nuts
under established and known specifications. In some transactions, the
buyer and seller may establish their own specifications for the sale,
use portions of the U.S. standards while altering other portions to fit
the sale and needs of the parties, or use the U.S. standards as
written.
At the time of its 1998 request to AMS, the CPC issued ``industry
standards'' based on the requested changes and encouraged California
pistachio nuts to be marketed under those standards. The use of the
voluntary ``industry standards'' for national and international
marketing with official certification by USDA inspectors based on these
standards has continued for three marketing seasons. The changes
proposed herein are based on the standards currently being used by the
industry to market U.S. grown pistachio nuts nationally and
internationally.
Background
The United States Standards for Grades of Pistachio Nuts in the
Shell and the United States Standards for Grades of Shelled Pistachio
Nuts were developed in 1986 and 1990, respectively. At that time, the
U.S. pistachio industry was beginning to compete in a global market. As
the industry has grown in numbers of growers and processors and in
volume, the current grade standards have been regularly used as a basis
of marketing. In recent years, foreign and domestic buyers have
developed customers that have uses for nuts which have specifications
outside the scope of the U.S. grade standards. In addition, U.S.
marketers have begun to offer for sale byproduct forms of pistachio
nuts for which there are no uniform marketing specifications in the
form of recognized grade standards.
AMS received a request to update and revise the United States
Standards for Grades of Pistachio Nuts in the Shell and the United
States Standards for Grades of Shelled Pistachio Nuts from the CPC. The
CPC is the State-approved marketing agent for the California pistachio
industry and represents nearly all commercial pistachio producers and
handlers in California. AMS and its State cooperator in California have
been closely working with the CPC and its members since 1994 to review
and update the industry grade standards. Official inspection services,
with these U.S. grade standards as the basis, have been used by the
industry since the inception of the standards.
Currently, the majority of U.S. pistachio production, and more than
30 percent of worldwide pistachio production, originates from
California. The California industry, in cooperation with the CPC, began
a comprehensive review of the current standards in 1994. As this
process evolved, the industry tested possible revision theories through
hands-on testing in the packing plants, through consumer preference
studies, and through public meetings with processors, growers and other
interested parties. This was initiated in order to review the standards
and meet the marketing needs of the U.S. pistachio industry and the
preferences of industry buyers and the general public. As a result of
this study, the CPC, acting on behalf of California growers and
shippers, requested an amendment to the standards.
This proposal would revise the standards to more closely align the
grade names with other tree nut commodities and current industry
recognized marketing terms, reduce the tolerance for internal defects
for the purpose of providing a higher degree of quality assurance to
consumers, relax the level of light stain on the shell, more
objectively define when nuts are damaged by various factors, and
establish two additional grades which reflect the industry's marketing
of in-shell byproducts. These changes are intended to update the
standards to maintain their usefulness as they are applied to today's
marketing challenges, both nationally and internationally.
The following is an outline of these changes, including discussion
on the need for the changes.
United States Standards for Grades of Pistachio Nuts in the Shell
------------------------------------------------------------------------
Current standard Proposed Discussion
------------------------------------------------------------------------
Sec. 51.2540 General Sec. 51.2540 General Removal of the
(a) Compliance with the (a) Compliance with the sentence
provisions of these provisions of these ``However, nuts
standards shall not standards shall not of obviously
excuse failure to comply excuse failure to comply dissimilar
with provisions of with provisions of forms shall not
applicable Federal or applicable Federal or be
State laws. State laws. commingled,''
(b) These standards are (b) These standards are would provide
applicable to pistachio applicable to pistachio industry with
nuts in the shell which nuts in the shell which additional
may be in a natural, may be in a natural, flexibility to
dyed, raw, roasted, or dyed, raw, roasted, or meet customer
salted state; or in any salted state; or in any specifications
combination thereof. combination thereof. and needs.
However, nuts of
obviously dissimilar
forms shall not be
commingled.
---------------------------
[[Page 28143]]
Sec. 51.2541 Grades Sec. 51.2541 U.S. Fancy, The title of
U.S. Extra No. 1, U.S. this section is
No. 1 and U.S. Select proposed to be
Grades changed to
accommodate
revised grade
name
designations
and the
addition of
byproduct
grades
following this
section.
---------------------------
``U.S. Fancy,'' ``U.S. No. ``U.S. Fancy,'' ``U.S. It is proposed
1,'' ``U.S. No. 2,'' and Extra No. 1,'' ``U.S. No. to change the
``U.S. No. 3'' consist of 1,'' and ``U.S. Select'' grade names of
pistachio nuts in the consist of pistachio nuts ``U.S. No. 1,''
shell which meet the in the shell which meet ``U.S. No. 2,''
following requirements: the following and ``U.S. No.
requirements: 3'' to ``U.S.
Extra No. 1,''
``U.S. No. 1,''
and ``U.S.
Select.'' This
would harmonize
the grade
references to
be similar with
other tree nut
standards and
observe current
industry
marketing
terms.
---------------------------
(a) Basic requirements: (a) Basic requirements: There is no
change in this
text.
(1) Free from: (1) Free from:
(i) Foreign material; (i) Foreign material;
(ii) Loose kernels; (ii) Loose kernels;
(iii) Shell pieces; (iii) Shell pieces;
(iv) Particles and dust; Particles and dust; and,
and,
(v) Blanks. (v) Blanks.
(b) Shells: (b) Shells:
(1) Free from: (1) Free from:
(i) Non-split shells; and, (i) Non-split shells; and,
(ii) Shells not split on (ii) Shells not split on
suture. suture.
(2) Free from damage by: (2) Free from damage by:
(i) Adhering hull (i) Adhering hull
material; material;
(ii) Light stained; (ii) Light stained;
(iii) Dark stained; and, (iii) Dark stained; and,
(iv) Other External (iv) Other External
(shell) defects. (shell) defects.
(c) Kernels: (c) Kernels:
(1) Well dried, or, very (1) Well dried, or, very
well dried when specified well dried when specified
in connection with the in connection with the
grade. grade.
---------------------------
(2) Free from damage by: (2) Free from damage by: It is proposed
(i) Minor mold; (i) Immature kernels; to delete the
(ii) Immature kernels; (ii) Kernel spotting; and, term ``minor
(iii) Kernel spots; and, (iii) Other Internal mold'' as the
(iv) Other Internal (kernel) defects. term is no
(kernel) defects. longer used by
the industry.
All visible
mold is
considered
under the same
definition and
grading
category. This
would result in
a rearrangement
of the current
numerical
outline
designations
for other
factors in the
standards.
---------------------------
(3) Free from serious (3) Free from serious There is no
damage by: damage by: change in this
(i) Minor insect or (i) Minor insect or text.
vertebrate injury; vertebrate injury;
(ii) Insect damage; (ii) Insect damage;
(iii) Mold; (iii) Mold;
(iv) Rancidity; (iv) Rancidity;
(v) Decay; and, (v) Decay; and,
(vi) Other Internal (vi) Other Internal
(kernel) defects. (kernel) defects.
---------------------------
(d) The nuts are of a size (d) The nuts are of a size It is proposed
not less than 26/64 inch not less than 30/64 inch to increase the
in diameter as measured in diameter as measured minimum size by
by a round hole screen. by a round hole screen. 4/64 inch in
diameter, which
is the current
industry
trading
practice. Nuts
smaller than 30/
64 inch in
diameter
typically have
more defects
affecting the
quality of the
end product and
it is general
industry
practice to use
nuts smaller
than this
minimum size as
a shelled
product or for
manufacturing.
This change
conforms with
current
industry
practices and
will ultimately
provide
consumers with
higher quality
and larger
nuts.
---------------------------
(e) For Tolerances, see (e) For Tolerances, see The section
Sec. 51.2542. Sec. 51.2544. number is
changed to
accommodate the
addition of two
byproduct grade
definitions.
---------------------------
Sec. 51.2542 Tolerances Sec. 51.2542 U.S. The title for
(See tolerances section Artificially Opened this section is
below for a side-by-side re-designated
comparison of current and to allow for
proposed standards.) the
establishment
of the U.S.
Artificially
Opened grade.
---------------------------
[[Page 28144]]
``U.S. Artificially It is proposed
Opened'' consists of to establish a
artificially opened ``U.S.
pistachio nuts in the Artificially
shell which meet the Opened'' grade,
following requirements: which would
(a) Basic Requirements: acknowledge the
(1) Free from: evolution in
(i) Foreign material; the industry's
(ii) Loose kernels; practice of
(iii) Shell pieces; marketing its
(iv) Particles and dust; byproducts.
and, Tables I, II
(v) Blanks. and III
(b) Shells: establish
(1) Free from: tolerances for
(i) Non-split shells; and, this grade
(ii) Shells not split on level.
suture. Current industry
(2) Free from damage by: marketing
(i) Adhering hull practices are
material; to artificially
(ii) Light stained; open nuts which
(iii) Dark stained; and, do not open
(iv) Other External naturally on
(shell) defects. the tree. This
(c) Kernels; is accomplished
(1) Well dried, or, very either
well dried when specified mechanically or
in connection with the through hand
grade; cracking.
(2) Free from damage by: Specific
(i) Immature kernels; requirements
(ii) Kernel spotting; and, for this grade
(iii) Other Internal level are the
(kernel) defects. same as is
(3) Free from serious currently being
damage by: proposed in the
(i) Minor insect or previously
vertebrate injury; discussed U.S.
(ii) Insect damage; grades.
(iii) Mold; Tolerances for
(iv) Rancidity; defective nuts
(v) Decay; and, are established
(vi) Other Internal at the same
(kernel) defects. level as the
(d) The nuts are of a size proposed U.S.
not less than \30/64\ Select grade
inch in diameter as level. Internal
measured by a round hole (kernel)
screen. defects are the
(e) For Tolerances, see same as those
Sec. 51. 2544. cited in other
grade levels.
---------------------------
Sec. 51.2543 Application Sec. 51.2543 U.S. Non- The title for
of Tolerances Split Grade this section is
(See application of re-designated
tolerances section below to allow for
for a side-by-side the
comparison of current and establishment
proposed standards.) of the ``U.S.
Non-Split''
grade.
---------------------------
``U.S. Non-Split'' It is proposed
consists of non-split to establish a
pistachio nuts in the ``U.S. Non-
shell which meet the Split'' grade
following requirements: which would
(a) Basic requirements: acknowledge the
(1) Free from: evolution in
(i) Foreign material; the industry's
(ii) Loose kernels; practice of
(iii) Shell pieces; marketing its
(iv) Particles and dust; byproducts.
and, Tables I, II
(v) Blanks. and III
establish
tolerances for
this grade
level. Current
industry
marketing
practices are
to artificially
open, shell or
sort and sell
nuts which do
not open
naturally on
the tree. Use
of this grade
level would be
for nuts that
are primarily
sorted and sold
for further
processing.
Ultimate users
of unopened
nuts may
artificially
open these nuts
by hand or
mechanical
means or
mechanically
shell them and
use the kernel
as a food
source.
Artificially
opened nuts may
be further
sorted and
designated
according to
the ``U.S.
Artificially
Opened'' grade,
previously
discussed, or
shelled and
designated
according to
grade levels
defined in the
U.S. Standards
for Grades of
Shelled
Pistachio Nuts,
discussed
elsewhere in
this proposed
rule.
---------------------------
[[Page 28145]]
(b) Shells: External (shell)
(1) Free from damage by: defects under
(i) Adhering hull this grade are
material; and, only adhering
(ii) Dark stain. hull material
(c) Kernels: and dark stain.
(1) Well dried, or very Other factors
well dried when specified affecting the
in connection with the shells would
grade. not be
(2) Free from damage by: considered as a
(i) Immature kernels; defect.
(ii) Kernel spotting; and, Internal
(iii) Other internal (kernel)
(kernel) defects. defects are the
same as those
noted in other
grade levels.
(3) Free from serious
damage by:
(i) Minor insect or
vertebrate injury;
(ii) Insect damage;
(iii) Mold;
(iv) Rancidity;
(v) Decay; and,
(vi) Other internal
(kernel) defects.
(d) The nuts are of a size
not less than 30/64 inch
in diameter as measured
by a round hole screen.
(e) For Tolerances, see
Sec. 51.2544.
---------------------------
Sec. 51.2544 Size Sec. 51.2544 Tolerances The title and
(See size section below section number
for a side-by-side is proposed to
comparison of current and be re-
proposed standards.) designated to
allow for the
previous
establishment
of the ``U.S.
Artificially
Opened'' and
``U.S. Non-
Split'' grades.
---------------------------
Sec. 51.2542 Tolerances Sec. 51.2544 Tolerances The tolerance
(a) In order to allow for (a) In order to allow for for nuts
variations incident to variations incident to smaller than
proper grading and proper grading and the minimum
handling, the tolerances handling, the tolerances size is
in Tables I, II, III and in Tables I, II, III of proposed to be
paragraph (b) of this this section are reduced from 5
section are provided. provided. percent to 4
(See tables below.) percent. This
(b) No lot shall contain is included in
more than 4 percent loose Table 1.
kernels, by weight. Industry
sorting and
sizing
practices and
the use of
electronic
sorting
equipment make
it possible to
eliminate the
smaller nuts
and further
reduce this
tolerance.
Paragraph (b),
which
establishes a
tolerance for
loose kernels,
and the
reference to it
are proposed to
be deleted from
this section.
The tolerance
established
under this
paragraph has
been
incorporated
into Table III,
Line (d). Refer
to Tables I, II
and III and to
subsequent
discussion for
proposed
changes and
established
tolerances for
the grades.
------------------------------------------------------------------------
Tolerances and Proposed Tolerances for United States Standards for
Grades of Pistachio Nuts in the Shell
Table I.--External (Shell) Defects
--------------------------------------------------------------------------------------------------------------------------------------------------------
Current Proposed Current Proposed Current Proposed Current Proposed Proposed Proposed
----------------------------------------------------------------------------------------------------------------
Factor U.S. U.S.
U.S. U.S. U.S. No. extra No. U.S. No. U.S. No. U.S. No. U.S. artificially U.S. non-
fancy fancy 1 1 2 1 3 select opened split
--------------------------------------------------------------------------------------------------------------------------------------------------------
External (shell Defects)
(tolerances by weight) Percent
Percent
Percent
Percent Percent Percent
----------------------------------------
(a) Non-split and not split on suture.. 2 2 3 3 6 6 10 10 10 N/A
(1) Non-split included in (a).......... 1 1 2 2 4 3 4 4 4 N/A
(b) Adhering hull material............. 1 1 1 1 2 1 2 2 2 2
(c) Light stained...................... 7 7 12 12 20 25 35 N/A N/A N/A
(1) Dark stained, included in (c)...... 2 2 3 3 4 3 6 3 3 3
(d) Damage by other means.............. 1 1 1 1 1 2 2 3 10 N/A
(e)Total external defects.............. N/A 9 N/A 16 N/A N/A N/A N/A N/A N/A
5 (\1\) 5 (\1\) 5 (\1\) 5 (\1\) N/A N/A
(f) Undersized (Less than \30/64\ inch N/A 4 N/A 4 N/A 4 N/A 4 4 4
in diameter)..........................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Delete.
Table I Discussion:
In Line (a), pertaining to Non-Split and Not Split on Suture nuts, there are no changes in tolerances for the current grades. In Line (a)(1), included
in Line (a), pertaining to Non-Split, the tolerance is reduced from 4 percent to 3 percent, in the U.S. No. 1 grade (Previously U.S. No. 2).
[[Page 28146]]
In Line (b), pertaining to Adhering Hull Material, the tolerance in the U.S. No. 1 grade (Previously U.S. No. 2) is reduced from 2 percent to 1 percent.
In Line (c), pertaining to Light Stained, the tolerance in the U.S. No. 1 grade (Previously U.S. No. 2) is increased from 20 percent to 25 percent and
increased from a maximum of 35 percent to unlimited in the U.S. Select grade (Previously U.S. No. 3). In Line (c)(1), included in Line (c), pertaining
to Dark Stained, the tolerance in the U.S. No. 1 grade (Previously U.S. No. 2) is reduced from 4 percent to 3 percent and is reduced from 6 percent to
3 percent in the U.S. Select grade (Previously U.S. No. 3).
In line (d), pertaining to Damage by Other Means, the tolerance in the U.S. No. 1 grade (Previously U.S. No. 2) is increased from 1 percent to 2 percent
and in the U.S. Select grade (Previously U.S. No. 3) is increased from 2 percent to 3 percent.
Line (e), pertaining to nuts less than \26/64\ inch in diameter and which established a tolerance of 5 percent for small and 1 percent for larger sizes,
is deleted and replaced by a new Line (e) which establishes a maximum percentage of total External Defects allowed in the U.S. Fancy and U.S. Extra
No. 1 grades. Previously, these maximums were only limited by the total additive percentage of all primary defects allowed under the applicable grade
level. Maximum tolerances for other grade levels established in these grade standards are not specified and the maximum allowable is dependent on the
total additive percentage of all primary defects listed.
Line (f) is established to provide a maximum of 4 percent for Undersized (Less than \30/64\ inch in diameter) in all grades, including the newly
established levels.
Tolerances in the U.S. Artificially Opened grade are established at the same levels at the U.S. Select (previously U.S. No. 3) grade, except that any
amount of light stain of the shell shall be allowed the tolerance for Damage by Other Means (line (d)) is established at 10 percent and that there
shall be no established maximum tolerance for shell defects.
Tolerances in the U.S. Non-Split grade are established for Adhering Hull Material and Dark Stained. Other defects, applicable under the other grade
levels do not apply under this grade. Any factors other than Adhering Hull Material or Dark Stained are unlimited as to the percentage of which may be
contained.
Table II.--Internal (Kernel) Defects
--------------------------------------------------------------------------------------------------------------------------------------------------------
Current Proposed Current Proposed Current Proposed Current Proposed Proposed Proposed
----------------------------------------------------------------------------------------------------------------
Factor U.S. U.S.
U.S. U.S. U.S. No. extra No. U.S. No. U.S. No. U.S. No. U.S. artificially U.S. non-
fancy fancy 1 1 2 1 3 select opened split
--------------------------------------------------------------------------------------------------------------------------------------------------------
Internal (Kernel) Defects
(tolerances by weight) Percent
Percent
Percent
Percent Percent Percent
----------------------------------------
(a) Damage............................. 3 3 6 6 8 6 8 6 6 6
(b) Serious Damage..................... 3 3 4 4 5 4 5 4 4 4
(1) Insect Damage, mold, rancid, decay, 1 1 2 2 3 2 3 2 2 2
included in (b).......................
(c) Total Internal Defects............. 5 4 9 8 10 9 10 9 9 9
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table II Discussion:
In Line (a), pertaining to Damage, tolerances are reduced from 8 percent to 6 percent in the U.S. No. 1 (Previously U.S. No. 2) and U.S. Select
(Previously U.S. No. 3) grades. Maximum tolerances for Damage are established at 6 percent for the U.S. Artificially Opened and the U.S. Non-Split
grades.
In Line (b), pertaining to Serious Damage, tolerances are reduced from 5 percent to 4 percent in the U.S. No. 1 (Previously U.S. No. 2) and U.S. Select
(Previously U.S. No. 3) grades. Maximum tolerances for Serious Damage are established at 4 percent for the U.S. Artificially Opened and the U.S. Non-
Split grades.
In Line (b) (1), pertaining to Insect Damage, Mold, Rancid, and Decay, Included in Line (b), tolerances are reduced from 3 percent to 2 percent in the
U.S. No. 1 (Previously U.S. No. 2) and U.S. Select (Previously U.S. No. 3) grades. Maximum tolerances for these factors are established at 2 percent
for the U.S. Artificially Opened and the U.S. Non-Split grades.
In Line (c), pertaining to Total Internal Defects, tolerances are reduced from 5 percent to 4 percent in the U.S. Fancy grade; from 9 percent to 8
percent in the U.S. Extra No. 1 grade (Previously U.S. No. 2); from 10 percent to 9 percent in the U.S. No. 1 and U.S. Select grades (Previously U.S.
No. 2 and U.S. No. 3). Maximum tolerances for these factors are established at 9 percent for the U.S. Artifically Opened and the U.S. Non-Split
grades.
Table III.--Other Defects
--------------------------------------------------------------------------------------------------------------------------------------------------------
Current Proposed Current Proposed Current Proposed Current Proposed Proposed Proposed
---------------------------------------------------------------------------------------------------------------
Factor U.S. U.S.
U.S. U.S. U.S. No. extra No. U.S. No. U.S. U.S. No. U.S. artifically U.S. non-
fancy fancy 1 1 2 No.1 3 Select opened split
--------------------------------------------------------------------------------------------------------------------------------------------------------
Other Defects
(tolerances by weight) Percent
Percent
Percent
Percent Percent Percent
-----------------------------------------
(a) Shell pieces and blanks............. 1 2 1 2 2 2 2 2 2 2
(1) Blanks, included in (a)............. ......... 1 ......... 1 ......... 1 ......... 1 1 1
(b) Foreign material (No glass, metal or .25 .25 .25 .25 .50 .25 .50 .25 .25 .25
live insects shall be permitted).......
(c) Particles and Dust.................. .25 .25 .25 .25 .25 .25 .25 .25 .25 .25
(d) Loose kernels....................... 4 4 4 5 4 6 4 6 6 6
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table III Discussion:
In Line (a), pertaining to Shell Pieces and Blanks, tolerances are increased from 1 percent to 2 percent in the proposed U.S. Fancy and U.S. Extra No. 1
grades (Previously U.S. Fancy and U.S. No. 1, respectively). There is no change in the subsequent grade levels. Maximum tolerances are established at
2 percent for the U.S. Artificially Opened and the U.S. Non-Split grades.
In Line (a) (1), included as a part of Line (a) and pertaining to Blanks, a separate tolerance of 1 percent for Blanks is established in all grade
levels. This is the same tolerance previously established for a combination of shell pieces and Blanks. Thus, the absolute tolerance for Blanks
remains the same as previously established. Maximum tolerances are established at 1 percent for the U.S. Artificially Opened and the U.S. Non-Split
grades.
In Line (b), pertaining to Foreign Material, the total tolerance in the U.S. No. 1 and U.S. Select grades (Previously U.S. No. 2 and U.S. No. 3 grades,
respectively) is reduced from .50 percent to .25 percent. Maximum tolerances are established at .25 percent for the U.S. Artificially Opened and the
U.S. Non-Split grades.
In Line (c), pertaining to Particles and Dust, there is no change in the tolerances for any of the established grade levels. The tolerance level for the
U.S. Artificially Opened and the U.S. Non-Split grades is established at .25 percent.
In Line (d), pertaining to Loose Kernels, tolerances are established as a part of this table. Previously, the tolerances were established at 4 percent
under paragraph (b) of the section. For the U.S. Fancy grade, tolerances remain at 4 percent. For the U.S. Extra No. 1 grade (Previously U.S. No. 1),
the tolerance is increased to 5 percent. For the U.S. No. 1 and U.S. Select grades (Previously U.S. No. 2 and U.S. No. 3, respectively), tolerances
are increased to 6 percent. Maximum tolerances are established at 6 percent for the U.S. Artificially Opened and the U.S. Non-Split grades.
------------------------------------------------------------------------
Current Standard Proposed Discussion
------------------------------------------------------------------------
Sec. 51.2545 Definitions Sec. 51.2545 Application The title and
(See definitions section of Tolerances section number
below for a side-by-side is proposed to
comparison of current and be redesignated
proposed standards.) to allow for
the previous
establishment
of the ``U.S.
Artificially
Opened'' and
``U.S. Non-
Split'' grades.
---------------------------
[[Page 28147]]
Sec. 51.2543 Application Sec. 51.2545 Application There is no
of Tolerances of Tolerances change in this
The tolerances for the The tolerances for the text just a
grades apply to the grades apply to the change in the
entire lot and shall be entire lot and shall be section number.
based on a composite based on a composite
sample drawn from sample drawn from
containers throughout the containers throughout the
lot. Any container or lot. Any container or
group of containers which group of containers which
have nuts obviously have nuts obviously
different in quality or different in quality or
size from those in the size from those in the
majority of the majority of the
containers shall be containers shall be
considered a separate lot considered a separate lot
and shall be sampled and shall be sampled
separately. separately.
---------------------------
Sec. 51.2546 Average Sec. 51.2546 Size The title and
Moisture Content section number
Determination is proposed to
(See average moisture be redesignated
content determination to allow for
section below for a side- the previous
by-side comparison of establishment
current and proposed of the ``U.S.
standards.) Artificially
Opened'' and
``U.S. Non-
Split'' grades.
---------------------------
Sec. 51.2544 Size Sec. 51.2546 Size It is proposed
Nuts may be considered as Nuts may be considered as to decrease the
meeting a size meeting a size ratio of
designation specified in designation specified in largest to
Table IV or a range in Table IV or a range in smallest nuts
number of nuts per ounce, number of nuts per ounce, in the size
provided, the weight of provided, the weight of classification
10 percent, by count, of 10 percent, by count, of from 1.70 to
the largest nuts in a the largest nuts in a 1.50. This
sample does not exceed sample does not exceed would result in
1.70 times the weight of 1.50 times the weight of more uniformly
10 percent, by count, of 10 percent, by count, of sized nuts.
the smallest and the the smallest and the Current sizing
average number of nuts average number of nuts apparatus used
per ounce is not more per ounce is not more by the industry
than one-half nut above than one-half nut above has the
or below the extremes of or below the extremes of capability to
the range specified. the range specified. accomplish this
uniformity
during sizing
and packing.
------------------------------------------------------------------------
Table IV.--Nut Size
----------------------------------------------------------------------------------------------------------------
Size designations Average number of nuts per ounce
----------------------------------------------------------------------------------------------------------------
Current Proposed Current \1\ Proposed \1\
----------------------------------------------------------------------------------------------------------------
(Not in current standard).......... Colossal................. (Not in current Less than 18.
standard).
Extra Large........................ Extra Large.............. 20 or less............ 18 to 20,
Large.............................. Large.................... 21 to 25.............. 21 to 25.
Medium............................. Medium................... 26 to 30.............. 26 to 30.
Small.............................. Small.................... 31 or more............ More than 30.
----------------------------------------------------------------------------------------------------------------
\1\ Before Roasting.
Discussion:
It is proposed to establish a Colossal size designation to provide a designation for larger size nuts. Cultural
and marketing changes and technological advances in processing apparatus have allowed for the production,
sorting and marketing of larger size nuts. Buyers have been demanding, and industry has been supplying, larger
nuts; this classification would provide a uniform size classification for larger nuts. This would result in a
new definition for the Extra Large category.
------------------------------------------------------------------------
Current standard Proposed Discussion
------------------------------------------------------------------------
Sec. 51.2547 Metric Sec. 51.2547 Definitions The title and
Conversion Table section number
(See metric conversion is proposed to
table section below for a be re-
side-by-side comparison designated to
of current and proposed allow for the
standards.) previous
establishment
of the ``U.S.
Artificially
Opened'' and
``U.S. Non-
Split'' grades.
---------------------------
Sec. 51.2545 Definitions Sec. 51.2547 Definitions There is no
(a) ``Well dried'' means (a) ``Well dried'' means change in this
the kernel is firm and the kernel is firm and text, except
crisp. crisp. for section
(b) ``Very well dried'' (b) ``Very well dried'' number
means the kernel is firm means the kernel is firm references in
and crisp and the average and crisp and the average subparagraphs
moisture content of the moisture content of the (b) and (d)(1).
lot does not exceed 7.00 lot does not exceed 7.00
percent or is specified. percent or is specified.
(See Sec. 51.2546). (See Sec. 51.2548).
[[Page 28148]]
(c) ``Loose kernels'' (c) ``Loose kernels''
means edible kernels or means edible kernels or
kernel portions which are kernel portions which are
out of the shell and out of the shell and
which cannot be which cannot be
considered particles and considered particles and
dust. dust.
(d) ``External (shell) (d) ``External (shell)
defects'' means any defects'' means any
blemish affecting the blemish affecting the
hard covering around the hard covering around the
kernel. Such defects kernel. Such defects
include, but are not include, but are not
limited to, non-split limited to, non-split
shells, shells not split shells, shells not split
on suture, adhering hull on suture, adhering hull
material, light stained, material, light stained,
or dark stained. or dark stained.
---------------------------
(1) ``Damage'' by external (1) ``Damage'' by external There is no
(shell) defects means any (shell) defects means any change in this
specific defect described specific defect described text, except
in paragraph (d)(1)(i) in paragraph (d)(1)(i) for section
through (v) of this through (v) of this number
section, or an equally section, or an equally references in
objectionable variation objectionable variation subparagraphs
of any one of these of any one of these (d)(1).
defects, any other defects, any other
defect, or any defect, or any
combination of defects, combination of defects,
which materially detracts which materially detracts
from the appearance or from the appearance or
the edible or marketing the edible or marketing
quality of the individual quality of the individual
shell or of the lot. (For shell or of the lot. (For
tolerances see Sec. tolerances see Sec.
51.2542, Table I). 51.2544, Table I).
---------------------------
(i) ``Non-split shells'' (i) ``Non-split shells'' The word
when shells are not means shells are not ``when'' is
opened or are partially opened or are partially proposed to be
opened and will not allow opened and will not allow replaced by the
an \18/1000\ (.018) inch an \18/1000\ (.018) inch word ``means''
thick by \1/4\ (.25) inch thick by \1/4\ (.25) inch to clearly
wide gauge to slip into wide gauge to slip into define the term
the opening. the opening. noted. There is
(ii) ``Not split on (ii) ``Not split on no change in
suture'' when shells are suture'' means shells are the application
split other than on the split other than on the of the term to
suture and will allow an suture and will allow an the product.
\18/1000\ (.018) inch \18/1000\ (.018) inch
thick by \1/4\ (.25) inch thick by \1/4\ (.25) inch
wide gauge to slip into wide gauge to slip into
the opening. the opening.
---------------------------
(iii) ``Adhering hull (iii) ``Adhering hull It is proposed
material'' when an material'' means an to increase the
aggregate amount covers aggregate amount covers surface area
more than one-sixteenth more than one-eighth of allowed for
of the total shell the total shell surface, adhering hull
surface, or when readily or when readily material. The
noticeable on dyed noticeable on dyed industry
shells. shells. believes that
small amounts
of adhering
hull material
do not detract
from the
marketability
of nuts, that
this change
promotes
uniformity of
defining
similar factors
as this factor
is similar in
appearance to
Dark Stained,
that the change
enables more
accurate
product
grading, and
that the
tolerance
allowed is
sufficiently
restrictive in
order to
promote orderly
marketing.
---------------------------
(iv) ``Light stained'' on (iv) ``Light stained'' on The word
raw or roasted nuts, when raw or roasted nuts, ``when'' is
an aggregate amount of means an aggregate amount proposed to be
yellow to light brown or of yellow to light brown replaced by the
light gray discoloration or light gray word ``means''
is noticeably contrasting discoloration is to clearly
with the predominate noticeably contrasting define the term
color of the shell and with the predominate noted. There is
affects more than one- color of the shell and no change in
fourth of the total shell affects more than one- the application
surface or, on dyed nuts, fourth of the total shell of the term to
when readily noticeable. surface or, on dyed nuts, the product.
when readily noticeable.
---------------------------
(v) ``Dark stained'' on (v) ``Dark stained'' on The word
raw or roasted nuts, when raw or roasted nuts, ``when'' is
an aggregate amount of means an aggregate amount proposed to be
dark brown, dark gray or of dark brown, dark gray replaced by the
black discoloration or black discoloration word ``means''
affects more than one- affects more than one- to clearly
eighth of the total shell eighth of the total shell define the term
surface, or, on dyed surface, or, on dyed noted. There is
nuts, when readily nuts, when readily no change in
noticeable. noticeable, provided that the application
speckled appearing stain of the term to
located within the area the product. It
of one-fourth of the is proposed to
shell surface nearest the exempt speckled
stem end shall be appearing stain
disregarded. on the stem end
of the nut. The
industry
believes that
this type of
stain is
routinely
overlooked, is
inconspicuous,
does not
adversely
affect the
marketing of
affected nuts,
and that this
change will
enable more
accurate
product
grading.
---------------------------
[[Page 28149]]
(e) ``Internal (kernel) (e) ``Internal (kernel) There is no
defects'' means any defects'' means any change in this
blemish affecting the blemish affecting the text, except
kernel. Such defects kernel. Such defects for section
include, but are not include, but are not number
limited to evidence of limited to evidence of references in
insects, immature insects, immature subparagraph
kernels, rancid kernels, kernels, rancid kernels, (e)(1) and the
mold, or decay. mold, or decay. redesignation
(1) ``Damage'' by internal (1) ``Damage'' by internal of paragraphs
(kernel) defects means (kernel) defects means (i through iii)
any specific defect any specific defect as (i through
described in paragraphs described in paragraphs ii) as a result
(e)(1)(i) through (iii) (e)(1)(i) through (ii) of of the removal
of this section; or an this section; or an of paragraph
equally objectionable equally objectionable (i), as
variation of any one of variation of any one of discussed
these defects, any other these defects, any other below.
defect, or any defect, or any
combination of defects, combination of defects,
which materially detracts which materially detracts
from the appearance or from the appearance or
the edible or marketing the edible or marketing
quality of the individual quality of the individual
kernel or of the lot. kernel or of the lot.
(For tolerances see Sec. (For tolerances see Sec.
51.2542, Table II.) 51.2544, Table II.)
---------------------------
(i) ``Minor white or gray .......................... It is proposed
mold'' when not readily to delete the
noticeable on the kernel term ``minor
and which can be easily mold'' as the
rubbed off with the term is no
fingers. longer used by
the industry.
All visible
mold is
considered
under the same
grading
category. This
would result in
a rearrangement
of the current
outline
designations
for other
factors in the
standards.
---------------------------
(ii) ``Immature kernels'' (i) ``Immature kernels'' All proposed
when they are excessively are excessively thin or changes of text
thin or when a kernel when a kernel fills less in this section
fills less than three- than three-fourths, but are for
fourths, but not less not less than one-half clarification
than one-half the shell the shell cavity. of the
cavity. (ii) ``Kernel Spotting'' definition.
(iii) ``Kernel spots'' refers to dark brown or There is no
when dark brown or dark dark gray spots change in the
gray and aggregating more aggregating more than one- application of
than one-eighth of the eighth of the surface of the term to the
surface of the kernel. the kernel. product. The
paragraph
designations
are changed to
correspond with
the deletion of
paragraph (i).
---------------------------
(2) ``Serious damage'' by (2) ``Serious damage'' by There is no
internal (kernel) defects internal (kernel) defects change in this
means any specific defect means any specific defect text, except
described in paragraphs described in paragraphs for the re-
(e)(2)(i) through (v) of (e)(2)(i) through (v) of designation of
this section; or an this section; or an the
equally objectionable equally objectionable parenthetical
variation of any one of variation of any one of reference to
these defects, any other these defects, any other Sec. 51.2544,
defect, or any defect, or any required
combination of defects, combination of defects, because of the
which seriously detracts which seriously detracts rearrangement
from the appearance or from the appearance or of the section
the edible or the the edible or the numbers.
marketing quality of the marketing quality of the
individual kernel or of individual kernel or of
the lot. (For tolerances the lot. (For tolerances
see Sec. 51.2542, Table see Sec. 51.2544, Table
II.) II.)
---------------------------
(i) ``Minor insect or (i) ``Minor insect or All proposed
vertebrate injury'' when vertebrate injury'' means changes in this
the kernel shows the kernel shows text are for
conspicuous evidence of conspicuous evidence of clarification
feeding. feeding. of the
(ii) ``Insect damage'' (ii) ``Insect damage'' is definition.
when an insect, insect an insect, insect There is no
fragment, web or frass is fragment, web or frass change in the
attached to the kernel. attached to the kernel. application of
No live insects shall be No live insects shall be the term to the
permitted. permitted. product.
(iii) ``Mold'' when any (iii) ``Mold'' which is
type is readily visible readily visible on the
on the shell or kernel. shell or kernel.
---------------------------
(iv) ``Rancidity'' means (iv) ``Rancidity'' means There is no
the kernel is distinctly the kernel is distinctly change in this
rancid to taste. rancid to taste. text.
Staleness of flavor shall Staleness of flavor shall
not be classed as not be classed as
rancidity. rancidity.
---------------------------
(v) ``Decay'' when any (v) ``Decay'' means one- It is proposed
portion of the kernel is sixteenth or more of the that the
decomposed. kernel surface is scoring of
decomposed. decay on
individual
kernels be
amended to
recognize it on
the basis of
surface area.
Areas of decay
smaller than
the one-
sixteenth
surface area
are difficult
to see and
verify as
decay. Smaller
areas are
routinely dry
and do not
affect the
taste or
marketing of
nuts.
---------------------------
(f) ``Other defects'' (f) ``Other defects'' There is no
means defects which means defects which change in this
cannot be considered cannot be considered text, except
internal defects or internal defects or for the re-
external defects. Such external defects. Such designation of
defects include, but are defects include, but are the
not limited to shell not limited to shell parenthetical
pieces, blanks, foreign pieces, blanks, foreign reference to
material or particles and material or particles and Sec. 51.2544,
dust. The following shall dust. The following shall required
be considered other be considered other because of the
defects. (For tolerances defects. (For tolerances rearrangement
see Sec. 51.2542, Table see Sec. 51.2544, Table of the section
III.) III.) numbers.
---------------------------
[[Page 28150]]
(1) ``Shell pieces'' means (1) ``Shell pieces'' means It is proposed
half shells or pieces of open in-shell nuts not to amend the
shell which are loose in containing a kernel, half definition of
the sample. shells or pieces of shell ``Shell
(2) ``Blank'' means a which are loose in the Pieces'' to
split or a non-split sample. include split
shell not containing a (2) ``Blank'' means a non- shell nuts
kernel or containing a split shell not without a
kernel that fills less containing a kernel or kernel and to
than one-half the shell containing a kernel that remove this
cavity. fills less than one-half type of empty
the shell cavity. shell from the
definition of
``Blanks.''
Such empty
shells are
naturally
split, whole
shells without
a resident
kernel. Blanks
are considered
as an empty or
partially
filled shell
which has not
become
naturally
opened. This
will provide a
more logical
and uniformly
applicable
definition for
treating loose
shells or shell
pieces. All
empty shells,
half shells or
pieces of
shells will be
considered
under the same
definition.
---------------------------
(3) ``Foreign material'' (3) ``Foreign material'' There is no
means leaves, sticks, means leaves, sticks, change in this
loose hulls or hull loose hulls or hull text.
pieces, dirt, rocks, pieces, dirt, rocks,
insects or insect insects or insect
fragments not attached to fragments not attached to
nuts, or any substance nuts, or any substance
other than pistachio other than pistachio
shells or kernels. Glass, shells or kernels. Glass,
metal or live insects metal or live insects
shall not be permitted. shall not be permitted.
(4) ``Particles and dust'' (4) ``Particles and dust''
means pieces of nut means pieces of nut
kernels which will pass kernels which will pass
through a \5/64\ inch through a \5/64\ inch
round opening. round opening.
---------------------------
(5) ``Undersized'' means This definition
pistachio nuts in the is proposed to
shell which fall through be added in
a \30/64\ inch round hole order to
screen. interpret the
term as it is
used in the
grade level
specifications
and application
of the
tolerance
established in
Table I.
---------------------------
Sec. 51.2546 Average Sec. 51.2548 Average This section
Moisture Content Moisture Content number is
Determination Determination proposed to be
added to allow
for the
previous
establishment
of the U.S.
Artificially
Opened and U.S.
Non-Split
grades. The
title and
accompanying
text has been
moved from Sec.
51.2546, and
is changed as
noted.
---------------------------
(a) Determining average (a) Determining average There is no
moisture content of the moisture content of the change in this
lot is not a requirement lot is not a requirement text from Sec.
of the grades, except of the grades, except 51.2546, as
when nuts are specified when nuts are specified written.
as ``very well dried.'' as ``very well dried.''
It may be carried out It may be carried out
upon request in upon request in
connection with grade connection with grade
analysis or as a separate analysis or as a separate
determination. determination.
---------------------------
(b) Nuts shall be obtained (b) Nuts shall be obtained The requirement
from a randomly drawn from a randomly drawn that the nuts
composite sample and only composite sample. be shelled to
kernels shall be used for Official certification determine the
analysis. Shells and all shall be based on the air- moisture
non-kernel material shall oven method or other content of the
be removed immediately officially approved kernels is
before analysis. Official methods or devices. proposed to be
certification shall be Results obtained by deleted. It is
based on the air-oven methods or devices not industry
method or other officially approved may practice to
officially approved be reported and shall determine
methods or devices. include a description of moisture
Results obtained by the method or device and content on the
methods or devices not the owner of any entire nut
officially approved may equipment used. (shell and
be reported and shall kernel).
include a description of
the method or device and
the owner of any
equipment used.
---------------------------
Sec. 51.2547 Metric Sec. 51.2549 Metric This section
Conversion Table Conversion Table number is
proposed to
allow for the
previous
establishment
of the ``U.S.
Artificially
Opened'' and
``U.S. Non-
Split'' grades.
The title and
text have been
moved from Sec.
51.2547.
---------------------------
Inches Millimeters Inches Millimeters A conversion
\5/64\............ 1.98 \5/64\............ 1.98 from fractions
\18/1000\............ 0.46 \18/1000\............ 0.46 of an inch to
\1/4\............ 6.35 \1/4\............ 6.35 millimeters has
\26/64\............ 10.32 \30/64\............ 11.88 been provided
Ounces............ Grams Ounces............ Grams for the
1............ 28.35 1............ 28.35 measurement \30/
2............ 56.70 2............ 56.70 64\, as this is
the minimum nut
size referenced
in the
standards. It
replaces the
fraction \26/
64\.
------------------------------------------------------------------------
[[Page 28151]]
United States Standards for Grades of Shelled Pistachio Nuts
------------------------------------------------------------------------
Current standard Proposed Discussion
------------------------------------------------------------------------
Sec. 51.2555 General Sec. 51.2555 General The proposed
(a) Compliance with the (a) Compliance with the change in
provisions of these provisions of these section (b)
standards shall not standards shall not provides the
excuse failure to comply excuse failure to comply latitude to use
with provisions of with provisions of the U.S. grade
applicable Federal or applicable Federal or standards for
State laws. State laws. kernels which
(b) These standards are (b) These standards are have been both
applicable to raw, applicable to raw, salted and
roasted, or salted roasted, or salted roasted.
pistachio kernels; or any pistachio or salted/
combination thereof. roasted pistachio
However, nuts of kernels.
obviously dissimilar
forms shall not be
commingled.
---------------------------
Sec. 51.2556 Grades Sec. 51.2556 Grades The grade names
(a) ``U.S. Fancy,'' ``U.S. (a) ``U.S. Fancy,'' ``U.S. of ``U.S. No.
No. 1,'' and ``U.S. No. Extra No. 1,'' and ``U.S. 1'' and ``U.S.
2'' consist of pistachio No. 1'' consist of No. 2'' are
kernels which meet the pistachio kernels which proposed to be
following basic meet the following basic changed to
requirements: requirements: ``U.S. Extra
No. 1'' and
``U.S. No. 1.''
This would
harmonize the
grade
references with
other tree nut
standards and
observe current
industry
marketing
terms.
---------------------------
(1) Well dried, or very (1) Well dried, or very There is no
well dried when specified well dried when specified change in this
in connection with the in connection with the text.
grade. grade.
(2) Free from: (2) Free from:
(1) Foreign material, (1) Foreign material,
including in-shell nuts, including in-shell nuts,
shells, or shell shells, or shell
fragments. fragments.
(3) Free from damage by: (3) Free from damage by:
---------------------------
(i) Minor mold; (i) Immature kernels; The term ``minor
(ii) Immature kernels; (ii) Kernel spotting; and, mold'' is
(iii) Spotting; and, (iii) Other defects. proposed to be
(iv) Other defects. deleted as the
term is no
longer used by
the industry.
All visible
mold is
considered
under the same
grading
category. This
would result in
a rearrangement
of the current
outline
designations
for other
factors in the
standards. The
term
``Spotting'' is
revised to
``Kernel
spotting'' to
correspond with
the term
defined in Sec.
51.2560.
---------------------------
(4) Free from serious (4) Free from serious (vi) There is no
damage by: damage by: change in this
(i) Mold; (i) Mold; text.
(ii) Minor insect or (ii) Minor insect or
vertebrate injury; vertebrate injury;
(iii) Insect damage; (iii) Insect damage;
(iv) Rancidity; (iv) Rancidity;
(v) Decay; and, (v) Decay; and,
(vi) Other defects. (vi) Other defects.
---------------------------
(5) Unless otherwise (5) Unless otherwise The size
specified, kernels shall specified, kernels shall classification
meet the size meet the size ``Whole
classification of Whole classification of Jumbo Kernels'' is
Kernels (See Sec. Whole Kernels (See Sec. proposed to be
51.2559). 51.2559). changed to
``Jumbo Whole
Kernels'' to be
the same as
current
industry use.
---------------------------
Sec. 51.2557 Tolerances Sec. 51.2557 Tolerances There is no
(a) In order to allow for (a) In order to allow for change in this
variations incident to variations incident to text.
proper grading and proper grading and
handling, the tolerances, handling, the tolerances,
by weight, in Table I are by weight, in Table I are
provided. provided.
------------------------------------------------------------------------
Table I
----------------------------------------------------------------------------------------------------------------
Current Proposed Current Proposed Current Proposed
Factor (tolerances by -----------------------------------------------------------------------------------
weight) U.S. extra
U.S. fancy U.S. fancy U.S. No. 1 No. 1 U.S. No. 2 U.S. No. 1
----------------------------------------------------------------------------------------------------------------
Percent
Percent
Percent
---------------
(a) Damage.................. 2.0 2.0 2.5 2.5 3.0 3.0
(b) Serious Damage.......... 1.5 1.5 2.0 2.0 2.5 2.5
(1) Insect Damage, mold, .3 .3 .4 .4 .5 .5
rancid, decay, included in
(b)........................
(c) Foreign Material........ .03 .03 .05 .05 .1 .1
----------------------------------------------------------------------------------------------------------------
Table I Discussion:
Column headings are changed to correspond with grade name changes. There is no change in the tolerances for the
re-designated grade names, as compared to previous grade names.
[[Page 28152]]
----------------------------------------------------------------------------------------------------------------
Current standard Proposed Discussion
----------------------------------------------------------------------------------------------------------------
Sec. 51.2558 Application of Sec. 51.2558 Application of There is no change in this text.
Tolerances Tolerances
The tolerances for the grades apply The tolerances for the grades apply
to the entire lot and shall be to the entire lot and shall be
based on a composite sample based on a composite sample
representative of the lot. Any representative of the lot. Any
container or group of containers container or group of containers
which have kernels obviously which have kernels obviously
different in quality or size from different in quality or size from
those in the majority of containers those in the majority of containers
shall be considered a separate lot shall be considered a separate lot
and shall be sampled separately. and shall be sampled separately.
-------------------------------------
Sec. 51.2559 Size Classifications Sec. 51.2559 Size Classifications No change in subparagraph (a);
(a) The size of pistachio kernels (a) The size of pistachio kernels however, size classifications and
may be specified in connection with may be specified in connection with definitions previously designated
the grade in accordance with one of the grade in accordance with one of as subparagraphs (1) through (5)
the following size classifications. the following size classifications. have been changed as noted. These
changes are proposed to conform
with current industry terminology
and definitions of sizes used in
marketing pistachio kernels.
-------------------------------------
(1) Whole Kernels: 80 percent or (1) Jumbo Whole Kernels: 80 percent Kernel size definitions are proposed
more by weight shall be whole or more by weight shall be whole to be redefined to conform to
kernels and not more than 5 percent kernels and not more than 5 percent current industry terminology and
of the total sample shall pass of the total sample shall pass marketing practices.
through a \16/64\ inch round through a \24/64\ inch round hole
opening, including not more than 1 screen with not more than 1 percent
percent of the total sample shall passing through a \16/64\ inch
pass through a \5/64\ inch round round hole screen.
opening. (2) Large Whole Kernels: 80 percent
(2) Whole and Pieces: 40 percent or or more, by weight, shall be whole
more by weight shall be whole kernels and not more than 2 percent
kernels and not more than 15 of the total sample shall pass
percent of the total sample shall through a \16/64\ inch round hole
pass through a \16/64\ inch round screen.
opening, including not more than 2
percent of the total sample shall
pass through a \5/64\ inch round
opening.
-------------------------------------
(3) Large Pieces: Portions of (3) Large Split Kernels: 75 percent Kernel size definitions are proposed
kernels of which not more than 10 or more, by weight, shall be half to be redefined to conform to
percent will remain on a \24/64\ kernels split lengthwise and not current industry terminology and
inch round opening, provided that more than 5 percent of the total marketing practices.
not more than 20 percent of the sample shall pass through a \16/64\
total sample shall pass through a inch round hole screen.
\16/64\ inch round opening, (4) Whole and Broken Kernels: means
including not more than 2 percent a mixture of any combination of
of the total sample shall pass whole kernels or pieces. The
through a \5/64\ inch round percentage of whole kernels and/or
opening. Not more than 25 percent pieces may be specified. Not more
of the total sample shall be whole than 5 percent of the total sample
kernels. shall pass through a \5/64\ inch
(4) Small Pieces: Portions of round hole screen.
kernels of which not more than 10
percent will remain on a \16/64\
inch round opening, provided that
not more than 3 percent of the
total sample shall pass through a
\5/64\ inch round opening. Not more
than 3 percent of the total sample
shall be whole kernels.
(5) Mixed sizes: Means a mixture of
any combination of whole kernels or
pieces. The percentage of whole
kernels and/or pieces may be
specified. Not more than 5 percent
of the total sample shall pass
through a \5/64\ inch round
opening.
-------------------------------------
Sec. 51.2560 Definitions Sec. 51.2560 Definitions The proposed change in subparagraph
(a) ``Well dried'' means the kernel (a) ``Well dried'' means the kernel (b) allows levels of moisture to be
is firm and crisp. is firm and crisp. specified under special marketing
(b) ``Very well dried'' means the (b) ``Very well dried'' means the purposes or customer
kernel is firm and crisp and the kernel is firm and crisp and the specifications.
average moisture content of the lot average moisture content of the lot
does not exceed 7 percent or lower does not exceed 7 percent or is
levels, if specified (See Sec. specified (See Sec. 51.2561).
51.2561).
(c) ``Foreign material'' means (c) ``Foreign material'' means
leaves, sticks, in-shell nuts, leaves, sticks, in-shell nuts,
shells or pieces of shells, dirt, shells or pieces of shells, dirt,
or rocks, or any other substance or rocks, or any other substance
other than pistachio kernels. No other than pistachio kernels. No
allowable tolerances for metal or allowable tolerances for metal or
glass. glass.
(d) ``Whole kernel'' means \3/4\ of (d) ``Whole kernel'' means \3/4\ of
a kernel or more. a kernel or more.
-------------------------------------
[[Page 28153]]
(e) ``Pieces'' means less than \3/4\ (e) ``Splits'' means more than \3/4\ The term ``Pieces'' is proposed to
of a kernel. of a half kernel split lengthwise. be deleted and replaced with the
term and definition for ``Splits''
to harmonize the standards
terminology with current industry
marketing practices.
-------------------------------------
(f) ``Damage'' means any specific (f) ``Damage'' means any specific There is no change in this portion,
defect described in paragraph (f) defect described in paragraph (f) except for the proposed change in
(1) through (3) of this section or (1) through (2) of this section or paragraph numbering account of the
an equally objectionable variation an equally objectionable variation deletion of the definition of
of any one of these defects, any of any one of these defects, any ``minor mold.''
other defect, or any combination of other defect, or any combination of
defects, which materially detracts defects, which materially detracts
from the appearance or the edible from the appearance or the edible
or marketing quality of the or marketing quality of the
individual kernel or of the lot. individual kernel or of the lot.
(For tolerances, see Sec. (For tolerances, see Sec.
51.2557, Table I.) 51.2557, Table I.)
-------------------------------------
(1) ``Minor white or gray mold'' is .................................... The term ``minor mold'' is proposed
mold that is not readily noticeable to be deleted as the term is no
on the kernel and which can be longer used by the industry. All
easily rubbed off with the fingers. visible mold is considered under
the same grading category. This
would result in a rearrangement of
the current outline designations
for other factors in the standards.
-------------------------------------
(2) ``Immature kernels'' are (1) ``Immature kernels'' are The definition of ``Immature
excessively thin kernels. excessively thin kernels and can kernels'' is proposed to be revised
have black, brown or gray surface to objectively describe the
with a dark interior color and the appearance and taste of immature
immaturity has adversely affected kernels. The paragraphs are
the flavor of the kernel. renumbered to accommodate a
(2) ``Kernel spotting'' refers to previous paragraph deletion.
dark brown or dark gray spots
aggregating more than one-eighth of
the surface of the kernel.
-------------------------------------
(g) ``Serious damage'' means any (g) ``Serious damage'' means any There is no change in this text.
specific defect described in specific defect described in
paragraph (g) (1) through (5) of paragraph (g) (1) through (5) of
this section, or an equally this section, or an equally
objectionable variation of any one objectionable variation of any one
of these defects, any other defect, of these defects, any other defect,
or any combination of defects, or any combination of defects,
which seriously detracts from the which seriously detracts from the
appearance or the edible or appearance or the edible or
marketing quality of the individual marketing quality of the individual
kernel or of the lot. (For kernel or of the lot. (For
tolerances see Sec. 51.2557 Table tolerances see Sec. 51.2557 Table
I.) I.)
(1) ``Mold'' which is readily (1) ``Mold'' which is readily
visible on the kernel. visible on the kernel.
-------------------------------------
(2) ``Minor insect or vertebrate (2) ``Minor insect or vertebrate The phrase ``on the kernel'' is
injury'' means the kernel shows injury'' means the kernel shows proposed to be removed as it is
conspicuous evidence of feeding on conspicuous evidence of feeding. redundant.
the kernel.
-------------------------------------
(3) ``Insect damage'' is an insect, (3) ``Insect damage'' is an insect, It is proposed that the scoring of
insect fragment, web, or frass insect fragment, web, or frass decay on individual kernels be
attached to the kernel. No live attached to the kernel. No live amended to recognize it on the
insects shall be permitted. insects shall be permitted. basis of surface area. Areas of
(4) ``Rancidity'' means the kernel (4) ``Rancidity'' means the kernel decay smaller than the one-
is distinctly rancid to taste. is distinctly rancid to taste. sixteenth surface area are
Staleness of flavor shall not be Staleness of flavor shall not be difficult to see and verify as
classed as rancidity. classed as rancidity. decay. Smaller areas are routinely
(5) ``Decay'' means any portion of (5) ``Decay'' means one-sixteenth or dry and do not affect the taste or
the kernel is decomposed. more of the kernel is decomposed. marketing of nuts.
-------------------------------------
[[Page 28154]]
Sec. 51.2561 Average Moisture Sec. 51.2561 Average Moisture There is no change in this text.
Content Determination Content Determination
(a) Determining average moisture (a) Determining average moisture
content of the lot is not a content of the lot is not a
requirement of the grades, except requirement of the grades, except
when kernels are specified as when kernels are specified as
``very well dried.'' It may be ``very well dried.'' It may be
carried out upon request in carried out upon request in
connection with grade analysis or connection with grade analysis or
as a separate determination. as a separate determination.
(b) Kernels shall be obtained from a (b) Kernels shall be obtained from a
randomly drawn composite sample. randomly drawn composite sample.
Official certification shall be Official certification shall be
based on the air-oven method or based on the air-oven method or
other officially approved methods other officially approved methods
or devices. Results obtained by or devices. Results obtained by
methods or devices not officially methods or devices not officially
approved may be reported and shall approved may be reported and shall
include a description of the method include a description of the method
or device and owner of any or device and owner of any
equipment used. equipment used.
-------------------------------------
Sec. 51.2562 Metric Conversion This section, title and chart is
Chart proposed to be created in order to
Inches Millimeters establish a metric conversion
\5/64\............ 1.98 chart. USDA strives to provide
\16/64\............ 6.35 metric conversions for users to
\24/64\............ 9.53 have a readily available means of
Ounces Grams converting U.S. standards of
1............ 28.35 measure to internationally
2............ 56.7 recognized metric measurements for
those designations found in the
U.S. Grade Standards.
----------------------------------------------------------------------------------------------------------------
A 30-day comment period is provided for interested persons to
comment. Thirty days is deemed appropriate because the proposed
revisions are currently being used by the industry for trade
facilitation. Therefore, AMS amends the United States Standards for
Grades of Pistachio Nuts in the Shell and the United States Standards
for Grades of Shelled Pistachio Nuts as follows:
List of Subjects in 7 CFR Part 51
Agricultural commodities, Food grades and standards, Fruits, Nuts,
Reporting and recordkeeping requirements, Trees, Vegetables.
PART 51--[AMENDED]
For reasons set forth in the preamble, it is proposed that 7 CFR
part 51 be amended as follows:
1. The authority citation for part 51 continues to read as follows:
Authority: 7 U.S.C. 1621--1627.
2. Section 51.2541 is revised to read as follows:
Sec. 51.2541 U.S. Fancy, U.S. Extra No. 1, U.S. No. 1 And U.S. Select
Grades.
``U.S. Fancy,'' ``U.S. Extra No. 1,'' ``U.S. No. 1,'' and ``U.S.
Select'' consists of pistachio nuts in the shell which meet the
following requirements:
(a) Basic requirements:
(1) Free from:
(i) Foreign material;
(ii) Loose kernels;
(iii) Shell pieces;
(iv) Particles and dust; and,
(v) Blanks.
(b) Shells:
(1) Free from:
(i) Non-split shells; and,
(ii) Shells not split on suture.
(2) Free from damage by:
(i) Adhering hull material;
(ii) Light stained;
(iii) Dark stained; and,
(iv) Other External (shell) defects.
(c) Kernels:
(1) Well dried, or, very well dried when specified in connection
with the grade.
(2) Free from damage by:
(i) Immature kernels;
(ii) Kernel spotting; and,
(iii) Other Internal (kernel) defects.
(3) Free from serious damage by:
(i) Minor insect or vertebrate injury;
(ii) Insect damage;
(iii) Mold;
(iv) Rancidity;
(v) Decay; and,
(vi) Other Internal (kernel) defects.
(d) The nuts are of a size not less than \30/64\ inch in diameter
as measured by a round hole screen.
(e) For tolerances, see Sec. 51.2544.
3.-4. Section 51.2542 is revised to read as follows:
Sec. 51.2542 U.S. Artificially Opened.
``U.S. Artificially Opened'' consists of artificially opened
pistachio nuts in the shell which meet the following requirements:
(a) Basic Requirements:
(1) Free from:
(i) Foreign material;
(ii) Loose kernels;
(iii) Shell pieces;
(iv) Particles and dust; and,
(v) Blanks.
(b) Shells:
(1) Free from:
(i) Non-split shells; and,
(ii) Shells not split on suture.
(2) Free from damage by:
(i) Adhering hull material;
(ii) Light stained;
(iii) Dark stained; and,
(iv) Other External (shell) defects.
(c) Kernels;
(1) Well dried, or, very well dried when specified in connection
with the grade;
(2) Free from damage by:
(i) Immature kernels;
(ii) Kernel spotting; and,
(iii) Other Internal (kernel) defects.
(3) Free from serious damage by:
(i) Minor insect or vertebrate injury;
(ii) Insect damage;
(iii) Mold;
(iv) Rancidity;
(v) Decay; and,
(vi) Other Internal (kernel) defects.
(d) The nuts are of a size not less than \30/64\ inch in diameter
as measured by a round hole screen.
(e) For Tolerances, see Sec. 51.2544.
5. Section 51.2543 is revised to read as follows:
[[Page 28155]]
Sec. 51.2543 U.S. Non-Split.
``U.S. Non-Split'' consists of non-split pistachio nuts in the
shell which meet the following requirements:
(a) Basic requirements:
(1) Free from:
(i) Foreign material;
(ii) Loose kernels;
(iii) Shell pieces;
(iv) Particles and dust; and,
(v) Blanks.
(b) Shells:
(1) Free from damage by:
(i) Adhering hull material; and,
(ii) Dark stain.
(c) Kernels:
(1) Well dried, or very well dried when specified in connection
with the grade.
(2) Free from damage by:
(i) Immature kernels;
(ii) Kernel spotting; and,
(iii) Other internal (kernel) defects.
(3) Free from serious damage by:
(i) Minor insect or vertebrate injury;
(ii) Insect damage;
(iii) Mold;
(iv) Rancidity;
(v) Decay; and,
(vi) Other Internal (kernel) defects.
(d) The nuts are of a size not less than \30/64\ inch in diameter
as measured by a round hole screen.
(e) For Tolerances, see Sec. 51.2544.
6. Section 51.2544 is revised to read as follows:
Sec. 51.2544 Tolerances.
(a) In order to allow for variations incident to proper grading and
handling, the tolerances in Tables I, II, and III of this section are
provided.
Table I.--Tolerances
----------------------------------------------------------------------------------------------------------------
U.S.
Factor U.S. fancy U.S. extra U.S. No. 1 U.S. select artificially U.S. non-
No. 1 opened split
----------------------------------------------------------------------------------------------------------------
External (shell) Defects Percent Percent Percent Percent Percent Percent
(tolerances by weight)
----------------------------------
(a) Non-split and not split on 2 3 6 10 10 N/A
suture..........................
(1) Non-split included in (a).... 1 2 3 4 4 N/A
(b) Adhering hull material....... 1 1 1 2 2 2
(c) Light stained................ 7 12 25 N/A N/A N/A
(1) Dark stained, included in (c) 2 3 3 3 3 3
(d) Damage by other means........ 1 1 2 3 10 N/A
(e) Total External Defects....... 9 16 N/A N/A N/A N/A
(f) Undersized (Less than 30/64 5 5 5 5 4 5
inch in diameter):..............
----------------------------------------------------------------------------------------------------------------
Table II.--Tolerances
----------------------------------------------------------------------------------------------------------------
U.S.
Factor U.S. fancy U.S. extra U.S. No. 1 U.S. select artificially U.S. non-
No. 1 opened split
----------------------------------------------------------------------------------------------------------------
Internal (Kernel) Defects Percent Percent Percent Percent Percent Percent
(tolerances by weight)
----------------------------------
(a) Damage....................... 3 6 6 6 6 6
(b) Serious Damage............... 3 4 4 4 4 4
(1) Insect Damage, Mold, Rancid, 1 2 2 2 2 2
Decay, included in (b)..........
(c) Total Internal Defects....... 4 8 9 9 9 9
----------------------------------------------------------------------------------------------------------------
Table III.--Tolerances
----------------------------------------------------------------------------------------------------------------
U.S.
Factor U.S. fancy U.S. extra U.S. No. 1 U.S. select artificially U.S. non-
No. 1 opened split
----------------------------------------------------------------------------------------------------------------
Other Defects (tolerances by Percent Percent Percent Percent Percent Percent
weight)
----------------------------------
(a) Shell pieces and Blanks...... 2 2 2 2 2 2
(1) Blanks, included in (a)...... 1 1 1 1 1 1
(b) Foreign material (No glass, .25 .25 .25 .25 .25 .25
metal or live insects shall be
permitted)......................
(c) Particles and Dust........... .25 .25 .25 .25 .25 .25
(d) Loose kernels................ 4 5 6 6 6 6
----------------------------------------------------------------------------------------------------------------
7. Section 51.2545 is revised to read as follows:
Sec. 51.2545 Application of tolerances.
The tolerances for the grades apply to the entire lot and shall be
based on a composite sample drawn from containers throughout the lot.
Any container or group of containers which have nuts obviously
different in quality or size from those in the majority of the
containers shall be considered a separate lot and shall be sampled
separately.
8. Section 51.2546 is revised to read as follows:
Sec. 51.2546 Size.
Nuts may be considered as meeting a size designation specified in
Table IV or a range in number of nuts per ounce, provided, the weight
of 10 percent, by count, of the largest nuts in a sample does not
exceed 1.50 times the weight of 10 percent, by count, of the smallest
and the average number of nuts per ounce is not more than one-half nut
above or below the extremes of the range specified.
[[Page 28156]]
Table IV.--Nut Size
------------------------------------------------------------------------
Average number of nuts per
Size designations ounce \1\
------------------------------------------------------------------------
Colossal................................. Less than 18.
Extra Large.............................. 18 to 20.
Large.................................... 21 to 25.
Medium................................... 26 to 30.
Small.................................... More than 30.
------------------------------------------------------------------------
\1\ Before roasting
9. Section 51.2547 is revised to read as follows:
Sec. 51.2547 Definitions.
(a) Well dried means the kernel is firm and crisp.
(b) Very well dried means the kernel is firm and crisp and the
average moisture content of the lot does not exceed 7.00 percent or is
specified. (See Sec. 51.2548.)
(c) Loose kernels means edible kernels or kernel portions which are
out of the shell and which cannot be considered particles and dust.
(d) External (shell) defects means any blemish affecting the hard
covering around the kernel. Such defects include, but are not limited
to, non-split shells, shells not split on suture, adhering hull
material, light stained, or dark stained.
(1) Damage by external (shell) defects means any specific defect
described in paragraphs (d) (1) (i) through (v) of this section, or an
equally objectionable variation of any one of these defects, any other
defect, or any combination of defects, which materially detracts from
the appearance or the edible or marketing quality of the individual
shell or of the lot. (For tolerances see Sec. 51.2544, Table I.)
(i) Non-split shells means shells are not opened or are partially
opened and will not allow an \18/1000\ (.018) inch thick by \1/4\ (.25)
inch wide gauge to slip into the opening.
(ii) Not split on suture means shells are split other than on the
suture and will allow an \18/1000\ (.018) inch thick by \1/4\ (.25)
inch wide gauge to slip into the opening.
(iii) Adhering hull material means an aggregate amount covers more
than one-eighth of the total shell surface, or when readily noticeable
on dyed shells.
(iv) Light stained on raw or roasted nuts, means an aggregate
amount of yellow to light brown or light gray discoloration is
noticeably contrasting with the predominate color of the shell and
affects more than one-fourth of the total shell surface or, on dyed
nuts, when readily noticeable.
(v) Dark stained on raw or roasted nuts, means an aggregate amount
of dark brown, dark gray or black discoloration affects more than one-
eighth of the total shell surface, or, on dyed nuts, when readily
noticeable, provided that speckled appearing stain located within the
area of one-fourth of the shell nearest the stem end shall be
disregarded.
(e) Internal (kernel) defects means any blemish affecting the
kernel. Such defects include, but are not limited to evidence of
insects, immature kernels, rancid kernels, mold, or decay.
(1) Damage by internal (kernel) defects means any specific defect
described in paragraphs (e)(1)(i) through (ii) of this section; or an
equally objectionable variation of any one of these defects, any other
defect, or any combination of defects, which materially detracts from
the appearance or the edible or marketing quality of the individual
kernel or of the lot. (For tolerances see Sec. 51.2544, Table II.)
(i) Immature kernels are excessively thin or when a kernel fills
less than three-fourths, but not less than one-half the shell cavity.
(ii) Kernel spotting refers to dark brown or dark gray spots
aggregating more than one-eighth of the surface of the kernel.
(2) Serious damage by internal (kernel) defects means any specific
defect described in paragraphs (e)(2)(i) through (v) of this section;
or an equally objectionable variation of any one of these defects, any
other defect, or any combination of defects, which seriously detracts
from the appearance or the edible or the marketing quality of the
individual kernel or of the lot. (For tolerances see Sec. 51.2544,
Table II.)
(i) Minor insect or vertebrate injury means the kernel shows
conspicuous evidence of feeding.
(ii) Insect damage is an insect, insect fragment, web or frass
attached to the kernel. No live insects shall be permitted.
(iii) Mold which is readily visible on the shell or kernel.
(iv) Rancidity means the kernel is distinctly rancid to taste.
Staleness of flavor shall not be classed as rancidity.
(v) Decay means one-sixteenth or more of the kernel surface is
decomposed.
(f) Other defects means defects which cannot be considered internal
defects or external defects. Such defects include, but are not limited
to shell pieces, blanks, foreign material or particles and dust. The
following shall be considered other defects. (For tolerances see Sec.
51.2544, Table III.)
(1) Shell pieces means open in-shell nuts not containing a kernel,
half shells or pieces of shell which are loose in the sample.
(2) Blank means a non-split shell not containing a kernel or
containing a kernel that fills less than one-half the shell cavity.
(3) Foreign material means leaves, sticks, loose hulls or hull
pieces, dirt, rocks, insects or insect fragments not attached to nuts,
or any substance other than pistachio shells or kernels. Glass, metal
or live insects shall not be permitted.
(4) Particles and dust means pieces of nut kernels which will pass
through a \5/64\ inch round opening.
(5) Undersize means pistachio nuts in the shell which fall through
a \30/64\ inch round hole screen.
10. Section 51.2548 is added to read as follows:
Sec. 51.2548 Average Moisture Content Determination.
(a) Determining average moisture content of the lot is not a
requirement of the grades, except when nuts are specified as ``very
well dried.'' It may be carried out upon request in connection with
grade analysis or as a separate determination.
(b) Nuts shall be obtained from a randomly drawn composite sample.
Official certification shall be based on the air-oven method or other
officially approved methods or devices. Results obtained by methods or
devices not officially approved may be reported and shall include a
description of the method or device and the owner of any equipment
used.
11. Section 51.2549 is added to read as follows:
Sec. 51.2549 Metric Conversion Table.
Use the following table for metric conversion:
------------------------------------------------------------------------
Inches Millimeters
------------------------------------------------------------------------
\5/64\.................................................... 1.98
\18/1000\................................................. 0.46
\1/4\..................................................... 6.35
\30/64\................................................... 11.88
-----------------------------------------------------------
Ounces Grams
-----------------------------------------------------------
1......................................................... 28.35
2......................................................... 56.70
------------------------------------------------------------------------
Subpart--United States Standards for Grades of Shelled Pistachio
Nuts
12. In Sec. 51.2555, paragraph (b) is revised to read as follows:
Sec. 51.2555 General.
* * * * *
(b) These standards are applicable to raw, roasted, salted or
salted/roasted pistachio kernels.
[[Page 28157]]
13. Section 51.2556 is revised to read as follows:
Sec. 51.2556 Grades.
(a) ``U.S. Fancy,'' ``U.S. Extra No. 1,'' and ``U.S. No. 1''
consists of pistachio kernels which meet the following requirements:
(1) Well dried, or very well dried when specified in connection
with the grade.
(2) Free from:
(i) Foreign material, including in-shell nuts, shells, or shell
fragments.
(3) Free from damage by:
(i) Immature kernels;
(ii) Kernel spotting; and
(iii) Other defects.
(4) Free from serious damage by:
(i) Mold;
(ii) Minor insect or vertebrate injury;
(iii) Insect damage;
(iv) Rancidity;
(v) Decay; and,
(vi) Other defects.
(5) Unless otherwise specified, kernels shall meet the size
classification of Jumbo Whole Kernels (See Sec. 51.2559).
(b) [Reserved]
14. In Sec. 51.2557, Table I is revised to read as follows:
Sec. 51.2557 Tolerances.
* * * * *
Table I.--Tolerances
----------------------------------------------------------------------------------------------------------------
U.S. fancy U.S. extra No. U.S. No. 1
---------------- 1 ---------------
Factor (tolerances by weight) ----------------
Percent Percent Percent
----------------------------------------------------------------------------------------------------------------
(a) Damage...................................................... 2.0 2.5 3.0
(b) Serious Damage.............................................. 1.5 2.0 2.5
(1) Insect Damage, mold, rancid, decay, included in (b)......... .3 .4 .5
(c) Foreign Material............................................ .03 .05 .1
----------------------------------------------------------------------------------------------------------------
15. Section 51.2559 is revised to read as follows:
Sec. 51.2559 Size Classifications.
(a) The size of pistachio kernels may be specified in connection
with the grade in accordance with one of the following size
classifications.
(1) Jumbo Whole Kernels: 80 percent or more by weight shall be
whole kernels and not more than 5 percent of the total sample shall
pass through a 24/64 inch round hole screen with not more than 1
percent passing through a 16/64 inch round hole screen.
(2) Large Whole Kernels: 80 percent or more, by weight, shall be
whole kernels and not more than 2 percent of the total sample shall
pass through a 16/64 inch round hole screen.
(3) Large Split Kernels: 75 percent or more, by weight, shall be
half kernels split lengthwise and not more than 5 percent of the total
sample shall pass through a 16/64 inch round hole screen.
(4) Whole and Broken Kernels: means a mixture of any combination of
whole kernels or pieces. The percentage of whole kernels and/or pieces
may be specified. Not more than 5 percent of the total sample shall
pass through a \5/64\ inch round hole screen.
(b) [Reserved]
16. Section 51.2560 is revised to read as follows:
Sec. 51.2560 Definitions.
(a) Well dried means the kernel is firm and crisp.
(b) Very well dried means the kernel is firm and crisp and the
average moisture content of the lot does not exceed 7 percent or is
specified (See Sec. 51.2561).
(c) Foreign material means leaves, sticks, in-shell nuts, shells or
pieces of shells, dirt, or rocks, or any other substance other than
pistachio kernels. No allowable tolerances for metal or glass.
(d) Whole kernel means \3/4\ of a kernel or more.
(e) Splits means more than \3/4\ of a half kernel split lengthwise.
(f) Damage means any specific defect described in paragraph (f) (1)
through (2) of this section or an equally objectionable variation of
any one of these defects, any other defect, or any combination of
defects, which materially detracts from the appearance or the edible or
marketing quality of the individual kernel or of the lot. (For
tolerances, see Sec. 51.2557, Table I.)
(1) Immature kernels are excessively thin kernels and can have
black, brown or gray surface with a dark interior color and the
immaturity has adversely affected the flavor of the kernel.
(2) Kernel spotting refers to dark brown or dark gray spots
aggregating more than one-eighth of the surface of the kernel.
(g) Serious damage means any specific defect described in
paragraphs (g) (1) through (5) of this section, or an equally
objectionable variation of any one of these defects, any other defect,
or any combination of defects, which seriously detracts from the
appearance or the edible or marketing quality of the individual kernel
or of the lot. (For tolerances see Sec. 51.2557 Table I.)
(1) Mold which is readily visible on the kernel.
(2) Minor insect or vertebrate injury means the kernel shows
conspicuous evidence of feeding.
(3) Insect damage is an insect, insect fragment, web or frass
attached to the kernel. No live insects shall be permitted.
(4) Rancidity means the kernel is distinctly rancid to taste.
Staleness of flavor shall not be classed as rancidity.
(5) Decay means one-sixteenth or more of the kernel is decomposed.
17. Section 51.2562 is added to read as follows:
Sec. 51.2562 Metric Conversion Table.
Use the following table for metric conversion:
------------------------------------------------------------------------
Inches Millimeters
------------------------------------------------------------------------
\5/64\................................................... 1.98
\16/64\.................................................. 6.35
\24/64\.................................................. 9.53
----------------------------------------------------------
Ounces Grams
----------------------------------------------------------
1........................................................ 28.35
2........................................................ 56.7
------------------------------------------------------------------------
Dated: May 16, 2003.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 03-12805 Filed 5-22-03; 8:45 am]
BILLING CODE 3410-02-P
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