65FR38235 United States Standards for Dry Whey
robop...@us.govnews.org
Posting-number: Volume 65, Issue 119, Page 38235
[Federal Register: June 20, 2000 (Volume 65, Number 119)]
[Notices]
[Page 38235-38239]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn00-32]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Docket No. DA-98-03]
United States Standards for Dry Whey
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice.
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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....@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:
<bullet> Lower the maximum bacterial content; and
<bullet> Reference a color guide to identify the color of dry whey.
Proposed by Dairy Programs, Agricultural Marketing Service
AMS is proposing to:
<bullet> Lower the maximum bacterial content requirement as
suggested by the American Dairy Products Institute;
<bullet> Incorporate scorched particle content in the determination
of U.S. grade;
<bullet> Reference additional test methods that may be used to
determine U.S. grade;
<bullet> Reference the Food and Drug Administration's requirements
for dry whey; and
<bullet> 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.
United States Standards for Dry Whey\1\
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Current standard Proposed Discussion
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Definitions...................... No change........................ N/A.
Whey............................. No change........................ N/A.
``Whey is the fluid obtained by No change........................ N/A.
separating the coagulum from
milk, cream, and/or skim milk in
cheesemaking.
[[Page 38236]]
It shall conform to the We propose to include a reference to the
applicable provisions of 21 CFR Food and Drug Administration regulations
184.1979. concerning this product.
The acidity of the whey may be No change........................ N/A.
adjusted by the addition of safe
and suitable pH adjusting
ingredients. Mositure removed
from cheese curd as a result of
salting may be collected for
further processing as whey if
the collection of the moisture
and the removal of the salt from
the moisture are conducted in
accordance with procedures
approved by the Administrator.
Dry Whey......................... No change........................ N/A.
``Dry Whey'' is the product ``Dry Whey'' is the product We propose to include a reference to the
resulting from drying fresh whey resulting from drying fresh whey Food and Drug Administration regulations
which has been pasteurized and which has been pasteurized and concerning this product.
to which nothing has been added to which nothing has been added
as a preservative.. as a preservative. It shall
conform to the applicable
provisions of 21 CFR 184.1979.
It contains all constituents, No change........................ N/A.
except moisture, in the same
relative proportions as in the
whey.
U.S. Grade Nomenclature of U.S. No change........................ N/A.
grade. The nomenclature of the
U.S. grade is U.S. Extra Grade.
Basis for determination of U.S. No change........................ N/A.
grade.
The U.S. grade of dry whey is No change........................ N/A.
determined on the basis of
flavor, physical appearance,
bacterial estimate, coliform,
milkfat content, and moisture.
Coliform count, milk fat content, We propose to include count following
moisture and scorched particle coliform to be consistent with other
content. dairy products standards. We propose to
relocate the requirement for scorched
particle content from the ``Optional
tests'' section of this standard and
include it as a required test for
assignment of U.S. grade. Test methods
have improved so that consistently
accurate results are now attainable.
Requirements for U.S. grade...... No change........................ N/A.
(a) U.S. Extra. U.S. Extra Grade No change........................ N/A.
dry whey conforms to the
following requirements:
(1) Flavor. (applies to the (1) Flavor. Reconstituted whey We propose to change ``reliquefied'' to
reliquefied form). Shall have a shall have a normal whey flavor ``reconstituted'' to more accurately
normal whey flavor free from free from undesirable flavors, describe the process of converting dry
undesirable flavors, but may but may possess the following whey to a liquid product. We propose to
possess the following flavors to flavors to a slight degree: provide a Table 1 that includes the
a. Bitter, fermented, storage, and allowed flavors and their
utensil; and the following to a
definite degree: feed and.
(2) Physical appearance.......... No change........................ N/A.
Has a uniform color, and is free Dry whey shall possess uniform We propose changes that would provide
flowing, free from lumps that do color. It shall be reasonably consistency with other dairy products
not break up under slight free flowing, be free from lumps standards and more clearly describe
pressure, and is practically except those that readily break product meeting this grade requirement.
free from visible dark particles. up with slight pressure and be We also propose to provide a Table II
practically free from visible that includes the allowed physical
dark particles. See Table II of appearance attributes and their
this section. intensities. This would allow the reader
to quickly identify physical appearance
characteristics and intensities included
in this standard.
(3) Bacterial estimate. Not more (3) Bacterial estimate. Not more We propose to reduce the bacterial
than 50,000 per gram standard than 30,000 per gram standard estimate from not more than 50,000 per
plate count. plate count. See table III of gram to not more than 30,000 per gram to
this section. reflect improvements in the quality of
dry whey currently produced. We also
propose to provide a Table III that
includes information concerning
microbiological and compositional
requirements. This would allow the reader
to quickly identify microbiological,
compositional, and scorched particle
requirements.
[[Page 38237]]
(4) Coliform. Not more than 10 (4) Coliform count not more than We propose to include count following
per gram. 10 per gram. See table III of coliform to be consistent with other
this section. dairy products Standards. We also propose
to provide a Table III that includes
information concerning microbiological
and compositional requirements. This
would allow the reader to quickly
identify microbiological, compositional,
and scorched particle requirements.
(5) Milkfat content. Not more (5) Milkfat content. Not more We propose to provide a Table III that
than 1.50 percent. than 1.50 percent. See Table III includes information concerning
of this section. microbiological and compositional
requirements. This would allow the reader
to quickly identify microbiological,
compositional, and scorched particle
requirements.
(6) Moisture content. Not more (6) Moisture content. Not more We propose to provide a Table III that
than 5.0 percent. than 5.0 percent. See table III includes information concerning
of this section. microbiological and compositional
requirements. This would allow the reader
to quickly identify microbiological,
compositional, and scorched particle
requirements.
(7) Scorched particles content. We propose to relocate the requirement for
Not more than 15.0 mg. See table scorched particle content from the
III of this section. ``Optional tests'' section of this
standard and include it as a required
test for assignment of U.S. Grade. Test
methods have improved so that
consistently accurate results are now
attainable. We also propose to provide a
Table III that includes information
concerning microbiological and
compositional requirements. This would
allow the reader to quickly identify
microbiological, compositional, and
scorched particle requirements.
Table 1.--Classification of We proposed to provide a Table I that
Flavor. includes the allowed flavors and their
Flavor Characteristics--U.S. intensities. This would allow the reader
Extra Grade. to quickly identify flavor
Bitter--Slight................. characteristics and intensities included
Feed--Definite................. in this standard.
Fermented--Slight..............
Storage--Slight................
Utensil--Slight................
Weedy--Definite................
Table II.--Classification of We proposed to provide a Table II that
Physical Appearance. includes the allowed physical appearance
Physical Appearance attributes. This would allow the reader
Characteristics--U.S. Extra to quickly identify physical appearance
Grade. characteristics and intensities included
Color--Uniform................. in this standard.
Free flowing--Reasonably.......
Lumpy--Slight pressure.........
Visible dark particles--
Practically free.
Table III.--Classification We propose to provide a Table III that
According to Laboratory Analysis. includes information concerning
Laboratory tests--U.S. Extra microbial, compositional, and scorched
Grade. particle requirements. This would allow
Bacterial estimate; Standard the reader to quickly identify microbial,
plate count; per gram (max)-- compositional, and scorched particle
30,000. requirements included in this standard.
Coliform count; per gram (max)--
10.
Milkfat content; percent (max)--
1.5.
Moisture content; percent
(max)--5.0.
Scorched particle content mg
(max)--15.0.
Basis for acidity classification. No change........................ N/A.
Acidity classification is not a No change........................ N/A.
U.S. grade requirement. Acidity
classification will be made
available only upon U.S. graded
product and the results will be
shown on the grading certificate.
The dry whey will be classified
for acidity as follows:
(a) Dry sweet-type whey. Dry No change........................ N/A.
whey not over 0.16 percent
titratable acidity on a
reconstituted basis.
(b) Dry whey % titratable No change........................ N/A.
acidity. Dry whey over 0.16
percent, but below 0.35
percent titratable acidity
on a reconstituted basis.
The blank being filled with
the actual acidity.
[[Page 38238]]
(c) Dry acid-type whey. Dry No change........................ N/A.
whey with 0.35 percent or
higher titratable acidity on
a reconstituted basis.
Reserved......................... No change........................ N/A.
Optional tests................... No change........................ N/A.
There are certain optional There are certain optional When U.S. Grade Standards were removed
requirements in addition to requirements in addition to from the Code of Federal Regulations, it
those specified in section, Sec. those required for U.S. Grade was no longer appropriate to reference
58.2605. assignment. particular sections of the Code. We
proposed to modify this sentence
accordingly.
Tests for these requirements may No change........................ N/A.
be run occasionally at the
option of the Department and
will be run whenever they are
requested by an interested party.
These optional requirements are
as follows:
(a) Protein content (N x No change........................ N/A.
6.38). Not less than 11
percent.
(b) Alkalinity of ash (sweet- No change........................ N/A.
type whey only). Not more
than 225 ml. of 0.1N HCI per
100 grams.
(c) Scorched particle Relocated....................... We propose to relocate the requirement for
content. Not more than 15.0 scorched particle content from the
mg. ``Optional Tests'' section of this
standard and include it as a required
test for assignment of U.S. Grade. Test
methods have improved so that
consistently accurate results are now
attainable.
U.S. grade not assignable........ No change........................ N/A.
Dry whey shall not be assigned We propose to provide a preamble to this
the U.S. grade for one or more section that is consistent with other
of the following reasons:. dairy product standards.
(a) Dry whey which fails to meet (a) The dry whey fails to meet We propose editorial changes to provide
the requirements of U.S. Extra the requirements of U.S. Extra consistency with other dairy product
Grade shall not be assigned a Grade. standards.
U.S. grade.
(b) Dry whey which fails to meet (b) The dry whey fails to meet We propose editorial changes to provide
the requirements of any optional the requirements of any optional consistency with other dairy product
test, when tests have been made, test, when tests have been made. standards.
shall not be assigned a U.S.
grade.
(c) Dry whey produced in a plant (c) The dry whey is produced in a We propose editorial changes to provide
found on inspection to be using plant found on inspection to be consistency with other dairy product
unsatisfactory manufacturing using unsatisfactory standards.
practice, equipment, or manufacturing practice,
facilities or to be operating equipment, or facilities, or to
under unsanitary plant be operating under unsanitary
conditions shall not be assigned plant conditions.
a U.S. grade.
Test Methods..................... No change........................ N/A.
All required tests, and optional No change........................ N/A.
tests when specified, shall be
performed in accordance with the
following methods:.
(a) ``Methods of laboratory (a) Scorched particle content We propose to limit the use of USDA
Analysis,'' DA instruction shall be determined by the specific test methods contained in 918-RL
series 918-103-2, 918-103-5, 918- method contained in the latest to the evaluation of scorched particle
109-2, and 918-109-3, Dairy revision of 918-RL, Laboratory content only. This is necessary because a
Grading Branch, Poultry and Methods and Procedures, USDA/AMS/ test method for scorched particles is not
Dairy Quality Division, Dairy Programs, Dairy Grading provided by the Association of Official
Agricultural Marketing Service, Branch, Room 2746-S, 14th and Analytical Chemists, the Standard Methods
U.S. Department of Agriculture, Independence Ave. SW., for the Examination of Dairy Products, or
Washington, DC 20250, or the Washington, DC 20250-0230. the International Dairy Federation. We
latest revision thereof. also propose to identify three sources of
test methods that can be used to analyze
dry whey for determination of U.S. grade.
Reference to these sources will eliminate
the need for USDA to maintain a separate
document to provide this test method
information.
(b) All other tests shall be ..........................................
performed by the methods
contained in the latest edition
of the ``Official Methods of
Analysis of the Association of
Official Analytical Chemists'',
published by the Association of
Official Analytical Chemists
International, 481 North
Frederick Avenue, Suite 500,
Gaithersburg, MD 20877-2504; by
the methods provided in the
latest edition of the ``Standard
Methods for the Examination of
Dairy..
[[Page 38239]]
Explanation of Terms............. No change........................ N/A.
Explanation of Terms............. No change........................ N/A.
With respect to flavor.--(1) No change........................ N/A.
Slight.
An attribute barely identifiable Detectable only upon critical We propose to change the wording to
and present only to a small examination. provide consistency with other U.S. Grade
degree. Standards for dry milk products.
(2) Definite. An attribute (2) Definite. Not intense but We propose to change the wording to
readily identifiable and present detectable.. provide consistency with other U.S. Grade
to a substantial degree. Standards for dry milk products.
(3) Undesirable. Identifiable (3) Undesirable. those flavors... We propose to change the wording to
flavors. provide consistency with other U.S. Grade
Standards for dry milk products.
in excess of the intensity No change........................ N/A.
permitted, or those flavors not
otherwise listed.
(4) Bitter. Distasteful, similar No change........................ N/A.
to taste of quinine.
(5) Feed. Feed flavors such as (5) Feed. Feed flavors (such as We propose to change the wording to
alfalfa, sweet clover, silage, alfalfa, sweet clover, silage, provide consistency with other U.S. Grade
or similar feed. or similar feed) in milk carried Standards for dry milk products.
through into dry whey.
(6) Fermented. Flavors such as No change........................ N/A.
fruity or yeasty, produced
through unwanted chemical
changes brought about by
microorganisms or their enzyme
systems.
(7) Storage. Lacking in freshness (7) Storage. Lacking in freshness We propose to change the wording to
and imparting a ``rough'' or and imparting a ``stale'' provide consistency with other U.S. Grade
``harsh'' aftertaste. aftertaste. Standards for dry milk products.
(8) Utensil. A flavor that is No change........................ N/A
suggestive of improper or
inadequate washing and.
sterilization of utensils or sanitation of utensils or We propose to change the wording to
factory equipment. manufacturing equipment. provide consistency with other U.S. Grade
Standards for dry milk products.
(9) Weedy. Aromatic flavor No change........................ N/A.
characteristic of the weeds
eaten by cows carried through
into the dry whey.
(b) With respect to physical No change........................ N/A.
appearance: (1) Slight pressure.
Only sufficient pressure to
readily disintegrate the lumps.
(2) Practically free. Present No change........................ N/A.
only upon very critical
examination.
(3) Free flowing. Capable of (3) Reasonably free flowing. We propose to change the wording to
being poured continuously Pours in a fairly constant, provide consistency with other U.S. Grade
without interruption. uniform stream from the open end Standards for dry milk products.
of a tilted container or scoop.
(4) Lumps. Loss of powdery No change........................ N/A.
consistency but not caked into
hard chunks.
(5) Uniform color. Free from No change........................ N/A.
variation in shades or color.
(6) Visible dark particles. The (6) Visible dark particles. The We propose to change the wording to
presence of scorched or presence of scorched or provide consistency with other U.S. Grade
discolored specks capable of discolored specks readily Standards for dry milk products.
being seen by the eye. visible to the eye.
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\1\ Compliance with these standards does not excuse failure to comply with the provisions of the Federal Food,
Drug and Cosmetic Act.
Authority: 7 U.S.C. 1621-1627.
Dated: June 13, 2000.
Kathleen A. Merrigan,
Administrator, Agricultural Marketing Service.
[FR Doc. 00-15446 Filed 6-19-00; 8:45 am]
BILLING CODE 3410-02-P