United States Standards for Dry Whey

AGENCY:

Agricultural Marketing Service, USDA.

ACTION:

Notice.

SUMMARY:

The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) is soliciting comments on its proposal to change the United States Standards for Dry Whey. AMS is proposing changes that would lower the bacterial estimate of not more than 50,000 per gram to not more than 30,000 per gram, incorporate maximum scorched particle content as a requirement for U.S. grade, and expand the Test Methods section to allow product evaluation using the latest methods included in Standard Methods for Examination of Dairy Products, in the Official Methods of Analysis of the Association of Official Analytical Chemists, and in standards developed by the International Dairy Federation. These changes are being proposed to strengthen the quality requirements of this Standard to reflect improvements that have occurred in dry whey quality since the Standards were last reviewed. AMS is also proposing editorial changes to provide consistency with other dry milk standards. USDA grade standards are voluntary standards. Manufacturers of dairy products are free to choose whether or not to use these voluntary grade standards. USDA grade standards have been developed to identify degrees of quality in various dairy products. Quality in general refers to usefulness, desirability, and value of the product or its marketability as a commodity.

DATES:

Comments must be submitted on or before August 21, 2000.

ADDRESSES:

Written comments may be submitted to Duane R. Spomer, Chief, Dairy Standardization Branch, Dairy Programs, Agricultural Marketing Service, U.S. Department of Agriculture, Room 2746, South Building, Stop 0230, P.O. Box 96456, Washington, DC 20090-6456; faxed to (202) 720-2643; or e-mailed to Duane.Spomer@usda.gov. Comments should reference the date and page number of this issue of the Federal Register. All comments received will be made available for public inspection at the above address during regular business hours. The current United States Standards for Dry Whey, along with proposed changes, are available either through the above addresses or by accessing AMS” Home Page on the Internet at www.ams.usda.gov/dairy/stand.htm .

FOR FURTHER INFORMATION CONTACT:

Duane R. Spomer, Chief, Dairy Standardization Branch, AMS/USDA/Dairy Programs, Room 2746-S, P.O. Box 96956, Washington, DC, 20090-6456, (202) 720-7473.

SUPPLEMENTARY INFORMATION:

Section 203 (c) of the Agricultural Marketing Act of 1946, as amended, directs and authorizes the Secretary of Agriculture “to develop and improve standards of quality, condition, quantity, grade, and packaging and to recommend and demonstrate such standards in order to encourage uniformity and consistency in commercial practices * * *”. AMS is committed to carrying out this authority in a manner that facilitates the marketing of agricultural commodities and will make copies of official standards available upon request. The United States Standards for Dry Whey no longer appear in the Code of Federal Regulations but are maintained by USDA/AMS/Dairy Program.

When dry whey is officially graded, the USDA regulations (7 CFR Part 58) governing the grading of manufactured or processed dairy products are used. These regulations require a charge for the grading service provided by USDA. The Agency believes this proposal would accurately identify quality characteristics in dry whey.

AMS is proposing to change the United States Standards for Dry Whey using the procedures that appear in part 36 of title 7 of the Code of Federal Regulations (7 CFR Part 36).

The current United States Standards for Dry Whey have been in effect since October 1, 1990. AMS initiated a review of this Standard and discussed possible changes with the dairy industry. The American Dairy Products Institute, a trade association representing the dry whey industry, provided specific suggestions, including a recommendation to lower the maximum bacterial content.

Proposed by the American Dairy Products Institute

The American Dairy Products Institute provided suggestions to:

• Lower the maximum bacterial content; and
• Reference a color guide to identify the color of dry whey.

Proposed by Dairy Programs, Agricultural Marketing Service

AMS is proposing to:

• Lower the maximum bacterial content requirement as suggested by the American Dairy Products Institute;
• Incorporate scorched particle content in the determination of U.S. grade;
• Reference additional test methods that may be used to determine U.S. grade;
• Reference the Food and Drug Administration's requirements for dry whey; and
• Make editorial changes that would provide consistency with other U.S. grade standards for dairy products.

Concerning the suggestion by the American Dairy Products Association to reference a color guide, AMS agrees that color is an important attribute in the marketing of dry whey. However, since color is not a grade-determining factor, AMS is recommending that a color identification guide be considered separately from the standard in a manner consistent with color determination in other dairy products.

This notice provides for a 60-day comment period for interested parties to comment on proposed revisions to the standards. The following is an outline of these changes.

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