Fresh Fruits, Vegetables and Other Products (Inspection, Certification, and Standards) (7 CFR 51.1-51.3749)

314 1 Among such other products are the fol lowing: Raw nuts, Christmas trees and ever greens; flowers and flower bulbs; and onion sets. 2 None of the requirements in the regula tions of this part shall excuse failure to com ply with any Federal, State, county, or mu nicipal laws applicable to products covered in the regulations in this part. SUBCHAPTER C—REGULATIONS AND STANDARDS UNDER THE AGRICULTURAL MARKETING ACT OF 1946 AND THE EGG PRODUCTS INSPECTION ACT PART 51—FRESH FRUITS, VEGETA BLES AND OTHER PRODUCTS 1 2 (INSPECTION, CERTIFICATION, AND STANDARDS) Subpart—Regulations ADMINISTRATIVE Sec. 51.1 Administration of regulations. DEFINITIONS 51.2 Terms defined. 51.3 Designation of official certificates, memoranda, marks, other identifications and devices for purposes of the Agricul tural Marketing Act. INSPECTION SERVICE 51.4 Where inspection service is offered. 51.5 Who may obtain inspection service. 51.6 How to make application. 51.7 Form of application. 51.8 Filing of application. 51.9 When application may be rejected. 51.10 When application may be withdrawn. 51.11 Authority to request inspection. 51.12 Accessibility of products. 51.13 Basis of service. 51.14 Order of inspection service. 51.15 Financial interest of inspector. 51.16 Postponing inspection service. 51.17 Official sampling. 51.18 Certificate forms. 51.19 Issuance of certificates. 51.20 Issuance of corrected certificates. 51.21 Disposition of inspection certificates. 51.22 Disposition of samples. 51.23 Report of inspection results prior to issuance of formal report. APPEAL INSPECTION 51.24 When appeal inspection may be re quested. 51.25 Where to file for an appeal inspection and information required. 51.26 Record of filing time. 51.27 When appeal inspection may be re fused. 51.28 When an application for an appeal in spection may be withdrawn. 51.29 Order in which made. 51.30 Who shall perform appeal inspections. 51.31 Appeal inspection certificate. LICENSING OF INSPECTORS 51.32 Who may be licensed. 51.33 Application to become a licensed in spector. 51.34 Suspension or revocation of license of a licensed inspector. 51.35 Surrender of license. 51.36 Expiration and renewal of license. SCHEDULE OF FEES AND CHARGES AT DESTINATION MARKETS 51.37 Charges for fees, rates, and expenses. 51.38 Basis for fees and rates. 51.39 Fees for appeal inspections. 51.40 Traveling and other expenses. 51.41 Fees for additional copies of inspec tion certificates. 51.42 Charges for inspection services on a contract basis. 51.43 How fees shall be paid. 51.44 Disposition of fees. SCHEDULE OF FEES AND CHARGES AT SHIPPING POINT AREAS 51.45 Fees and charges at shipping point areas. MISCELLANEOUS 51.46 Denial of inspection service. 51.47 Political activity. 51.48 Inspector’s identification. 51.49 Approved identifications. 51.50 Custody of official inspection marking devices. 51.51 Prohibited uses of approved identifica tion. 51.52 Licensing and identification of certain official devices. REQUIREMENTS FOR PLANTS OPERATING UNDER CONTINUOUS INSPECTION ON A CON TRACT BASIS 51.53 Continuous inspections. 51.54 Plant survey. 51.55 Premises. 51.56 Buildings and structures. 51.57 Facilities. 51.58 Equipment. 51.59 Operations and operating procedures. 51.60 Termination of contracts. 51.61 Congressional interest in contracts. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00324 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 315 Agricultural Marketing Service, USDA Pt. 51 51.62 OMB control numbers assigned pursu ant to the Paperwork Reduction Act. Subpart—United States Standards for Grades of Apples GRADES 51.300 U.S. Extra Fancy. 51.301 U.S. Fancy. 51.302 U.S. No. 1. 51.303 U.S. Utility. 51.304 Combination grades. COLOR REQUIREMENTS 51.305 Color requirements. TOLERANCES 51.306 Tolerances. APPLICATION OF TOLERANCES 51.307 Application of tolerances. METHODS OF SAMPLING AND CALCULATION OF PERCENTAGES 51.308 Methods of sampling and calculation of percentages. CONDITION AFTER STORAGE OR TRANSIT 51.309 Condition after storage or transit. PACKING REQUIREMENTS 51.310 Packing requirements. MARKING REQUIREMENTS 51.311 Marking requirements. DEFINITIONS 51.312 Mature. 51.313 Overripe. 51.314 Clean. 51.315 Fairly well formed. 51.316 Injury. 51.317 Damage. 51.318 Serious damage. 51.319 Seriously deformed. 51.320 Diameter. U.S. CONDITION STANDARDS FOR EXPORT 51.321 U.S. Condition Standards for Export. METRIC CONVERSION TABLE 51.322 Metric conversion table. Subpart—United States Standards for Grades of Apples for Processing GRADES 51.340 U.S. No. 1. 51.341 U.S. No. 2. 51.342 U.S. Cider. CULLS 51.343 Culls. SIZE 51.344 Size. APPLICATION OF STANDARDS 51.345 Application of standards. TOLERANCES 51.346 Tolerances. APPLICATION OF TOLERANCES 51.347 Application of tolerances. DEFINITIONS 51.348 One variety. 51.349 Overripe. Subpart—United States Standards for Grades of Cantaloups GRADES 51.475 U.S. Fancy. 51.476 U.S. No. 1. 51.477 U.S. Commercial. 51.478 U.S. No. 2. UNCLASSIFIED 51.479 Unclassified. APPLICATION OF TOLERANCES 51.480 Application of tolerances. DEFINITIONS 51.481 Very good internal quality. 51.482 Uniform in appearance. 51.483 One type. 51.484 Mature. 51.485 Good internal quality. 51.486 Soft. 51.487 Wilted. 51.488 Well formed. 51.489 Well netted. 51.490 Decay. 51.491 Wet slip. 51.492 Sunscald. 51.493 Damage. 51.494 Serious damage. 51.494a Permanent defects. 51.494b Fairly well netted. 51.494c Condition defects. Subpart—United States Standards for Celery GRADES 51.560 U.S. Extra No. 1. 51.561 U.S. No. 1. 51.562 U.S. No. 2. UNCLASSIFIED 51.563 Unclassified. COUNT 51.564 Requirements as to count. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00325 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 316 7 CFR Ch. I (1–1–17 Edition) Pt. 51 APPLICATION OF TOLERANCES 51.565 Application of tolerances. DEFINITIONS 51.566 Stalk. 51.567 Similar varietal characteristics. 51.568 Well developed. 51.569 Well formed. 51.570 Clean. 51.571 Well trimmed. 51.572 Compact. 51.573 Damage. 51.574 Green. 51.575 Fairly well blanched. 51.576 Mixed blanch. 51.577 Average midrib length. 51.578 Branch. 51.579 Length of stalk. 51.580 Fairly well developed. 51.581 Fairly well formed. 51.582 Fairly compact. 51.583 Reasonably well developed. 51.584 Reasonably well formed. 51.585 Fairly well trimmed. 51.586 Serious damage. 51.587 Diameter. 51.588 Length of seedstem. Subpart—United States Consumer Standards for Celery Stalks GENERAL 51.595 General. GRADES 51.596 U.S. Grade AA. 51.597 U.S. Grade A. 51.598 U.S. Grade B. BLANCHING; LENGTH OF STALKS 51.599 Blanching. 51.600 Length of stalks. OFF-GRADE 51.601 Off-Grade celery. DEFINITIONS 51.602 Stalk. 51.603 Similar varietal characteristics. 51.604 Well developed. 51.605 Good heart formation. 51.606 Clean. 51.607 Well trimmed. 51.608 Fairly compact. 51.609 Damage. 51.610 Midrib length. 51.611 Fairly well developed. 51.612 Fairly good heart formation. 51.613 Serious damage. Subpart—United States Standards for Grades of Grapefruit (Texas and States other than Florida, California, and Ari zona) GRADES 51.620 U.S. Fancy. 51.621 U.S. No. 1. 51.622 U.S. No. 1 Bright. 51.623 U.S. No. 1 Bronze. 51.624 U.S. Combination. 51.625 U.S. No. 2. 51.626 U.S. No. 2 Russet. 51.627 U.S. No. 3. TOLERANCES 51.628 Tolerances. SAMPLE FOR GRADE OR SIZE DETERMINATION 51.629 Sample for grade or size determina tion. STANDARD PACK 51.630 Standard pack. DEFINITIONS 51.631 Mature. 51.632 Similar varietal characteristics. 51.633 Well colored. 51.634 Firm. 51.635 Well formed. 51.636 Smooth texture. 51.637 Injury. 51.638 Discoloration. 51.639 Fairly well colored. 51.640 Fairly well formed. 51.641 Fairly smooth texture. 51.642 Damage. 51.643 Fairly firm. 51.644 Slightly misshapen. 51.645 Slightly rough texture. 51.646 Serious damage. 51.647 Slightly colored. 51.648 Misshapen. 51.649 Slightly spongy. 51.650 Very serious damage. 51.651 Diameter. 51.652 Classification of defects. METRIC CONVERSION TABLE 51.653 Metric conversion table. Subpart—United States Standards for Grades of Oranges (Texas and States Other Than Florida, California, and Ari zona) GENERAL 51.680 General. GRADES 51.681 U.S. Fancy. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00326 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 317 Agricultural Marketing Service, USDA Pt. 51 51.682 U.S. No. 1. 51.683 U.S. No. 1 Bright. 51.684 U.S. No. 1 Bronze. 51.685 U.S. Combination. 51.686 U.S. No. 2. 51.687 U.S. No. 2 Russet. 51.688 U.S. No. 3. TOLERANCES 51.689 Tolerances. SAMPLE FOR GRADE OR SIZE DETERMINATION 51.690 Sample for grade or size determina tion. STANDARD PACK 51.691 Standard pack for oranges except Temple variety. STANDARD SIZING 51.692 Standard sizing. DEFINITIONS 51.693 Mature. 51.694 Similar varietal characteristics. 51.695 Well colored. 51.696 Firm. 51.697 Well formed. 51.698 Smooth texture. 51.699 Injury. 51.700 Discloration. 51.701 Fairly smooth texture. 51.702 Damage. 51.703 Fairly well colored. 51.704 Reasonably well colored. 51.705 Fairly firm. 51.706 Slightly misshapen. 51.707 Slightly rough texture. 51.708 Serious damage. 51.709 Misshapen. 51.710 Slightly spongy. 51.711 Very serious damage. 51.712 Diameter. 51.713 Classification of defects. METRIC CONVERSION TABLE 51.714 Metric conversion table. Subpart—United States Standards for Grades of Florida Grapefruit GRADES 51.750 U.S. Fancy. 51.751 U.S. No. 1 Bright. 51.752 U.S. No. 1. 51.753 U.S. No. 1 Golden. 51.754 U.S. No. 1 Bronze. 51.755 U.S. No. 1 Russet. 51.756 U.S. No. 2 Bright. 51.757 U.S. No. 2. 51.758 U.S. No. 2 Russet. 51.759 U.S. No. 3. TOLERANCES 51.760 Tolerances. APPLICATION OF TOLERANCES 51.761 Application of tolerances. SIZE 51.762 Size. DEFINITIONS 51.763 Similar varietal characteristics. 51.764 Well colored. 51.765 Firm. 51.766 Well formed. 51.767 Mature. 51.768 Smooth texture. 51.769 Injury. 51.770 Discoloration. 51.771 Fairly well colored. 51.772 Fairly smooth texture. 51.773 Damage. 51.774 Fairly firm. 51.775 Slightly misshapen. 51.776 Slightly rough texture. 51.777 Serious damage. 51.778 Slightly colored. 51.779 Poorly colored. 51.780 Misshapen. 51.781 Slightly spongy. 51.782 Very serious damage. 51.783 Diameter. 51.784 Classification of defects. Subpart—United States Standards for Grades of Table Grapes (European or Vinifera Type) GRADES 51.880 U.S. Extra Fancy Table. 51.881 U.S. Extra Fancy Export. 51.882 U.S. Fancy Table. 51.883 U.S. Fancy Export. 51.884 U.S. No. 1 Table. 51.885 U.S. No. 1 Institutional. TOLERANCES 51.886 Tolerances. APPLICATION OF TOLERANCES 51.887 Application of tolerances. MATURITY REQUIREMENTS 51.888 Maturity requirements. DEFINITIONS 51.889 Well developed grapes. 51.890 One variety. 51.891 Uniform in appearance. 51.892 Color terms. 51.893 Firm. 51.894 Weak. 51.895 Shriveled at capstem. 51.896 Shattered. 51.897 Wet. 51.898 Decay. 51.899 Waterberry. 51.900 Sunburn. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00327 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 318 7 CFR Ch. I (1–1–17 Edition) Pt. 51 51.901 Damage. 51.902 Fairly well filled. 51.903 Excessively tight. 51.904 Shot berries. 51.905 Dried berries. 51.906 Well developed and strong. 51.907 Diameter. 51.908 Serious damage. 51.909 Materially shriveled at capstem. 51.910 Straggly. 51.911 Container. 51.912 Export. 51.913 Clusters. METRIC CONVERSION TABLE 51.914 Metric conversion table. Subpart—United States Standards for Persian (Tahiti) Limes GRADES 51.1000 U.S. No. 1. 51.1001 U.S. Combination. 51.1002 U.S. No. 2. UNCLASSIFIED 51.1003 Unclassified. APPLICATION OF TOLERANCES 51.1004 Application of tolerances. STANDARD PACK 51.1005 Standard pack. DEFINITIONS 51.1006 Firm. 51.1007 Fairly well formed. 51.1008 Fairly smooth texture. 51.1009 Stylar end breakdown. 51.1010 Damage. 51.1011 Good green color. 51.1012 Fairly firm. 51.1013 Badly deformed. 51.1014 Excessively rough texture. 51.1015 Serious damage. 51.1016 Diameter. Subpart—United States Standards for Grades of Florida Oranges and Tangelos GENERAL 51.1140 General. GRADES 51.1141 U.S. Fancy. 51.1142 U.S. No. 1 Bright. 51.1143 U.S. No. 1. 51.1144 U.S. No. 1 Golden. 51.1145 U.S. No. 1 Bronze. 51.1146 U.S. No. 1 Russet. 51.1147 U.S. No. 2 Bright. 51.1148 U.S. No. 2. 51.1149 U.S. No. 2 Russet. 51.1150 U.S. No. 3. TOLERANCES 51.1151 Tolerances. APPLICATION OF TOLERANCES 51.1152 Application of tolerances. SIZE 51.1153 Size. DEFINITIONS 51.1154 Similar varietal characteristics. 51.1155 Well colored. 51.1156 Firm. 51.1157 Well formed. 51.1158 Mature. 51.1159 Smooth texture. 51.1160 Injury. 51.1161 Discoloration. 51.1162 Fairly smooth texture. 51.1163 Damage. 51.1164 Fairly well colored. 51.1165 Reasonably well colored. 51.1166 Poorly colored. 51.1167 Fairly firm. 51.1168 Slightly misshapen. 51.1169 Slightly rough texture. 51.1170 Serious damage. 51.1171 Misshapen. 51.1172 Slightly spongy. 51.1173 Very serious damage. 51.1174 Diameter. 51.1175 Classification of defects. STANDARDS FOR INTERNAL QUALITY OF COM MON SWEET ORANGES (CITRUS SINENSIS (L) OSBECK) 51.1176 U.S. Grade AA Juice (Double A). 51.1177 U.S. Grade A Juice. 51.1178 Maximum anhydrous citric acid per missible for corresponding total soluble solids. 51.1179 Method of juice extraction. Subpart—United States Standards for Grades of Peaches GRADES 51.1210 U.S. Fancy. 51.1211 U.S. Extra No. 1. 51.1212 U.S. No. 1. 51.1213 U.S. No. 2. TOLERANCES 51.1214 Tolerances. APPLICATION OF TOLERANCES 51.1215 Application of tolerances to indi vidual packages. SIZE 51.1216 Size requirements. STANDARD PACK 51.1217 Standard pack. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00328 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 319 Agricultural Marketing Service, USDA Pt. 51 DEFINITIONS 51.1218 Mature. 51.1219 Well formed. 51.1220 Leaf or limb rub injury. 51.1221 Damage. 51.1222 Serious damage. 51.1223 Badly misshapen. Subpart—United States Standards for Cleaned Virginia Type Peanuts in the Shell GRADES 51.1235 U.S. Jumbo Hand Picked. 51.1236 U.S. Fancy Hand Picked. UNCLASSIFIED 51.1237 Unclassified. DEFINITIONS 51.1238 Mature. 51.1239 Pops. 51.1240 Paper ends. 51.1241 Damage. 51.1242 Count per pound. Subpart—United States Standards for Summer and Fall Pears GENERAL 51.1260 General. GRADES 51.1261 U.S. No. 1. 51.1262 U.S. Combination. 51.1263 U.S. No. 2. UNCLASSIFIED 51.1264 Unclassified. TOLERANCES 51.1265 Tolerances. APPLICATION OF TOLERANCES 51.1266 Application of tolerances. BASIS FOR CALCULATING PERCENTAGES 51.1267 Basis for calculating percentages. CONDITION AFTER STORAGE OR TRANSIT 51.1268 Condition after storage or transit. STANDARD PACK 51.1269 Sizing. 51.1270 Packing. 51.1271 Tolerances for standard pack. DEFINITIONS 51.1272 Mature. 51.1273 Overripe. 51.1274 Carefully hand-picked. 51.1275 Clean. 51.1276 Black end. 51.1277 Fairly well formed. 51.1278 Damage. 51.1279 Seriously misshapen. 51.1280 Serious damage. Subpart—United States Standards for Winter Pears GENERAL 51.1300 General. GRADES 51.1301 U.S. Extra No. 1. 51.1302 U.S. No. 1. 51.1303 U.S. Combination. 51.1304 U.S. No. 2. UNCLASSIFIED 51.1305 Unclassified. TOLERANCES 51.1306 Tolerances. APPLICATION OF TOLERANCES 51.1307 Application of tolerances. BASIS FOR CALCULATING PERCENTAGES 51.1308 Basis for calculating percentages. CONDITION AFTER STORAGE OR TRANSIT 51.1309 Condition after storage or transit. STANDARD PACK 51.1310 Sizing. 51.1311 Packing. 51.1312 Tolerances for standard pack. DEFINITIONS 51.1313 Mature. 51.1314 Overripe. 51.1315 Carefully hand-picked. 51.1316 Clean. 51.1317 Well formed. 51.1318 Black end. 51.1319 Injury. 51.1320 Fairly well formed. 51.1321 Damage. 51.1322 Seriously misshapen. 51.1323 Serious damage. Subpart—United States Standards for Pears for Canning GENERAL 51.1345 General. GRADES 51.1346 U.S. No. 1. 51.1347 U.S. No. 2. CULLS 51.1348 Culls. SIZE 51.1349 Size. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00329 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 320 7 CFR Ch. I (1–1–17 Edition) Pt. 51 APPLICATION OF STANDARDS 51.1350 Application of standards. DEFINITIONS 51.1351 Mature. 51.1352 Handpicked. 51.1353 Firm. 51.1354 Well formed. 51.1355 Damage. 51.1356 Pears grown from late blooms. 51.1357 Seriously deformed. 51.1358 Serious damage. 51.1359 Diameter. Subpart—United States Standards for Grades of Pecans in the Shell GRADES 51.1400 U.S. No. 1. 51.1401 U.S. No. 2. SIZE CLASSIFICATION 51.1402 Size classification. KERNEL COLOR CLASSIFICATION 51.1403 Kernel color classification. TOLERANCES 51.1404 Tolerances. APPLICATION OF TOLERANCES 51.1405 Application of tolerances. SAMPLE FOR GRADE OR SIZE DETERMINATION 51.1406 Sample for grade or size determina tion. DEFINITIONS 51.1407 Fairly uniform in color. 51.1408 Loose extraneous or foreign mate rial. 51.1409 Well developed. 51.1410 Fairly well developed. 51.1411 Poorly developed. 51.1412 Well cured. 51.1413 Damage. 51.1414 Serious damage. 51.1415 Inedible kernels. OPTIONAL DETERMINATIONS 51.1416 Optional determinations. Subpart—United States Standards for Grades of Shelled Pecans GRADES 51.1430 U.S. No. 1 Halves. 51.1431 U.S. No. 1 Halves and Pieces. 51.1432 U.S. No. 1 Pieces. 51.1433 U.S. Commercial Halves. 51.1434 U.S. Commercial Halves and Pieces. 51.1435 U.S. Commercial Pieces. COLOR CLASSIFICATIONS 51.1436 Color classifications. SIZE CLASSIFICATIONS 51.1437 Size classifications for halves. 51.1438 Size classifications for pieces. TOLERANCES FOR DEFECTS 51.1439 Tolerances for defects. APPLICATION OF STANDARDS 51.1440 Application of standards. DEFINITIONS 51.1441 Half-kernel. 51.1442 Piece. 51.1443 Particles and dust. 51.1444 Well dried. 51.1445 Fairly well developed. 51.1446 Poorly developed. 51.1447 Fairly uniform in color. 51.1448 Fairly uniform in size. 51.1449 Damage. 51.1450 Serious damage. METRIC CONVERSION TABLE 51.1451 Metric conversion table. Subpart—United States Standards for Grades of Fresh Plums and Prunes GRADES 51.1520 U.S. Fancy. 51.1521 U.S. No. 1. 51.1522 U.S. Combination. 51.1523 U.S. No. 2. 51.1524 [Reserved] TOLERANCES 51.1525 Tolerances. APPLICATION OF TOLERANCES 51.1526 Application of tolerances. STANDARD PACK 51.1527 Standard pack. DEFINITIONS 51.1528 Well formed. 51.1529 Clean. 51.1530 Mature. 51.1531 Sunscald. 51.1532 Damage. 51.1533 Well colored. 51.1534 Fairly well colored. 51.1535 Badly misshapen. 51.1536 Serious damage. 51.1537 Diameter. METRIC CONVERSION TABLE 51.1538 Metric conversion table. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00330 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 321 Agricultural Marketing Service, USDA Pt. 51 Subpart—United States Standards for Grades of Potatoes GRADES 51.1540 [Reserved] 51.1541 U.S. No. 1. 51.1542 U.S. Commercial. 51.1543 U.S. No. 2. UNCLASSIFIED 51.1544 [Reserved] SIZE 51.1545 Size. TOLERANCES 51.1546 Tolerances. APPLICATION OF TOLERANCES 51.1547 Application of tolerances. SAMPLES FOR GRADE AND SIZE DETERMINATION 51.1548 Samples for grade and size deter mination. SKINNING 51.1549 Skinning. DEFINITIONS 51.1550 Similar varietal characteristics. 51.1551 Firm. 51.1552 Clean. 51.1553 Fairly clean. 51.1554 Mature. 51.1555 Fairly well matured. 51.1556 Well shaped. 51.1557 Fairly well shaped. 51.1558 Seriously misshapen. 51.1559 [Reserved] 51.1560 Damage. 51.1561 Serious damage. 51.1562 Freezing. 51.1563 Soft rot or wet breakdown. 51.1564 External defects. 51.1565 Internal defects. METRIC CONVERSION TABLE 51.1566 Metric conversion table. Subpart—United States Consumer Standards for Potatoes GRADES 51.1575 U.S. Grade A Small; U.S. Grade A Medium; U.S. Grade A Medium to Large; U.S. Grade A Large. 51.1576 U.S. Grade B Small; U.S. Grade B Medium; U.S. Grade B Medium to Large; U.S. Grade B Large. SIZE 51.1577 Size range requirements. OFF-GRADE 51.1578 Off-Grade potatoes. APPLICATION OF TOLERANCES 51.1579 Application of tolerances to indi vidual containers. DEFINITIONS 51.1580 Fairly well shaped. 51.1581 Fairly clean. 51.1582 Soft rot or wet breakdown. 51.1583 Damage. 51.1584 Internal discoloration. 51.1585 Mature. 51.1586 Serious damage. 51.1587 Diameter. Subpart—United States Standards for Grades of Florida Tangerines GRADES 51.1810 U.S. Fancy. 51.1811 U.S. No. 1 Bright. 51.1812 U.S. No. 1. 51.1813 U.S. No. 1 Golden. 51.1814 U.S. No. 1 Bronze. 51.1815 U.S. No. 1 Russet. 51.1816 U.S. No. 2 Bright. 51.1817 U.S. No. 2. 51.1818 U.S. No. 2 Russet. 51.1819 U.S. No. 3. TOLERANCES 51.1820 Tolerances. APPLICATION OF TOLERANCES 51.1821 Application of tolerances. SIZE 51.1822 Size. DEFINITIONS 51.1823 Mature. 51.1824 Firm. 51.1825 Well formed. 51.1826 Damage. 51.1827 Highly colored. 51.1828 Discoloration. 51.1829 Well colored. 51.1830 Fairly well colored. 51.1831 Fairly firm. 51.1832 Fairly well formed. 51.1833 Serious damage. 51.1834 Reasonably well colored. 51.1835 Very serious damage. 51.1836 Diameter. 51.1837 Classification of defects. Subpart—United States Standards for Fresh Tomatoes GRADES 51.1855 U.S. No. 1. 51.1856 U.S. Combination. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00331 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 322 7 CFR Ch. I (1–1–17 Edition) Pt. 51 51.1857 U.S. No. 2. 51.1858 U.S. No. 3. SIZE 51.1859 Size. COLOR CLASSIFICATION 51.1860 Color classification. TOLERANCES 51.1861 Tolerances. APPLICATION OF TOLERANCES 51.1862 Application of tolerances. STANDARD WEIGHT 51.1863 Standard weight. DEFINITIONS 51.1864 Similar varietal characteristics. 51.1865 Mature. 51.1866 Soft. 51.1867 Clean. 51.1868 Well developed. 51.1869 Fairly well formed. 51.1870 Fairly smooth. 51.1871 Damage. 51.1872 Reasonably well formed. 51.1873 Slightly rough. 51.1874 Serious damage. 51.1875 Misshapen. 51.1876 Very serious damage. 51.1877 Classification of defects. Subpart—United States Consumer Standards for Fresh Tomatoes GENERAL 51.1900 General. GRADES 51.1901 U.S. Grade A. 51.1902 U.S. Grade B. SIZE AND MATURITY CLASSIFICATION 51.1903 Size classification. 51.1904 Maturity classification. OFF-GRADE 51.1905 Off-Grade tomatoes. DEFINITIONS 51.1906 Similar varietal characteristics. 51.1907 Mature. 51.1908 Well developed. 51.1909 Fairly well formed. 51.1910 Fairly smooth. 51.1911 Damaged. 51.1912 Badly misshapen. 51.1913 Serious damage. Subpart—United States Standards for Grades of Filberts in the Shell GRADE 51.1995 U.S. No. 1. APPLICATION OF STANDARDS 51.1996 Application of standards. DEFINITIONS 51.1997 Similar type. 51.1998 Dry. 51.1999 Well formed. 51.2000 Clean and bright. 51.2001 Blank. 51.2002 Split shell. 51.2003 Damage. 51.2004 Reasonably well developed. 51.2005 Badly misshapen. 51.2006 Rancidity. 51.2007 Moldy. 51.2008 Insect injury. METRIC CONVERSION TABLE 51.2009 Metric conversion table. Subpart—United States Standards for Grades of Almonds in the Shell GRADES 51.2075 U.S. No. 1. 51.2076 U.S. No. 1 Mixed. 51.2077 U.S. No. 2. 51.2078 U.S. No. 2 Mixed. APPLICATION OF TOLERANCES 51.2079 Application of tolerances. DETERMINATION OF GRADE 51.2080 Determination of grade. DEFINITIONS 51.2081 Similar varietal characteristics. 51.2082 Loose extraneous and foreign mate rial. 51.2083 Clean. 51.2084 Fairly bright. 51.2085 Fairly uniform color. 51.2086 Well dried. 51.2087 Decay. 51.2088 Rancidity. 51.2089 Damage. 51.2090 Serious damage. 51.2091 Thickness. Subpart—United States Standards for Grades of Shelled Almonds GRADES 51.2105 U.S. Fancy. 51.2106 U.S. Extra No. 1. 51.2107 U.S. No. 1. 51.2108 U.S. Select Sheller Run. 51.2109 U.S. Standard Sheller Run. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00332 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 323 Agricultural Marketing Service, USDA Pt. 51 51.2110 U.S. No. 1 Whole and Broken. 51.2111 U.S. No. 1 Pieces. MIXED VARIETIES 51.2112 Mixed varieties. SIZE 51.2113 Size requirements. 51.2114 Tolerances for size. APPLICATION OF TOLERANCES 51.2115 Application of tolerances. DEFINITIONS 51.2116 Similar varietal characteristics. 51.2117 Whole. 51.2118 Clean. 51.2119 Well dried. 51.2120 Decay. 51.2121 Rancidity. 51.2122 Insect injury. 51.2123 Foreign material. 51.2124 Doubles. 51.2125 Split or broken kernels. 51.2126 Particles and dust. 51.2127 Injury. 51.2128 Damage. 51.2129 Serious damage. 51.2130 Diameter. 51.2131 Fairly uniform in size. Subpart—United States Standards for Shelled English Walnuts (Juglans Regia) GENERAL 51.2275 Application. 51.2276 Color chart. GRADES 51.2277 U. S. No. 1. 51.2278 U. S. Commercial. UNCLASSIFIED 51.2279 Unclassified. TOLERANCES FOR GRADE DEFECTS 51.2280 Tolerances for grade defects. COLOR REQUIREMENTS 51.2281 Color classifications. 51.2282 Tolerances for color. 51.2283 Off color. SIZE REQUIREMENTS 51.2284 Size classification. 51.2285 Tolerances for size. APPLICATION OF TOLERANCES 51.2286 Application of tolerances. DEFINITIONS 51.2287 Well dried. 51.2288 Clean. 51.2289 Shell. 51.2290 Insect injury. 51.2291 Rancidity. 51.2292 Damage. 51.2293 Serious damage. 51.2294 Very serious damage. 51.2295 Half kernel. 51.2296 Three-fourths half kernel. Subpart—United States Standards for Grades of Kiwifruit 51.2335 Grades. 51.2336 Tolerances. 51.2337 Application of tolerances. 51.2338 Standard pack. 51.2339 Definitions. 51.2340 Classification of defects. 51.2341 Sample size for grade determination. Subpart—United States Standards for Grades of Pistachio Nuts in the Shell 51.2540 General. 51.2541 U.S. Fancy, U.S. Extra No. 1, U.S. No. 1 and U.S. Select Grades. 51.2542 U.S. Artificially opened. 51.2543 U.S. Non-Split. 51.2544 Tolerances. 51.2545 Application of tolerances. 51.2546 Size. 51.2547 Definitions. 51.2548 Average moisture content deter mination. 51.2549 Metric conversion table. Subpart—United States Standards for Grades of Shelled Pistachio Nuts 51.2555 General. 51.2556 Grades. 51.2557 Tolerances. 51.2558 Application of tolerances. 51.2559 Size classifications. 51.2560 Definitions. 51.2561 Average moisture content. 51.2562 Metric conversion table. Subpart—United States Standards for Grades for Sweet Cherries GRADES 51.2646 U.S. No. 1. 51.2647 U.S. Commercial. TOLERANCES 51.2648 Tolerances. APPLICATION OF TOLERANCES 51.2649 Application of tolerances. DEFINITIONS 51.2650 Similar varietal characteristics. 51.2651 Mature. 51.2652 Fairly well colored. 51.2653 Well formed. 51.2654 Clean. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00333 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 324 7 CFR Ch. I (1–1–17 Edition) Pt. 51 51.2655 Damage. 51.2656 Diameter. 51.2657 Serious damage. 51.2658 Permanent defects. 51.2659 Condition defects. METRIC CONVERSION TABLE 51.2660 Metric conversion table. Subpart—United States Standards for Shelled Runner Type Peanuts GRADES 51.2710 U.S. No. 1 Runner. 51.2711 U.S. Runner Splits. 51.2712 U. S. No. 2 Runner. APPLICATION OF TOLERANCES 51.2713 Application of tolerances. DEFINITIONS 51.2714 Similar vertical characteristics. 51.2715 Whole. 51.2716 Split. 51.2717 Broken. 51.2718 Foreign material. 51.2719 Unshelled. 51.2720 Minor defects. 51.2721 Damage. Subpart—United States Standards for Grades of Shelled Spanish Type Peanuts GRADES 51.2730 U.S. No. 1 Spanish. 51.2731 U.S. Spanish Splits. 51.2732 U.S. No. 2 Spanish. APPLICATION OF TOLERANCES 51.2733 Application of tolerances. DEFINITIONS 51.2734 Spanish type. 51.2735 Whole. 51.2736 Split. 51.2737 Broken. 51.2738 Foreign material. 51.2739 Damage. 51.2740 Minor defects. 51.2741 Unshelled. Subpart—United States Standards for Shelled Virginia Type Peanuts GRADES 51.2750 U.S. Extra Large Virginia. 51.2751 U.S. Medium Virginia. 51.2752 U.S. No. 1 Virginia. 51.2753 U.S. Virginia Splits. 51.2754 U.S. No. 2 Virginia. APPLICATION OF TOLERANCES 51.2755 Application of tolerances. DEFINITIONS 51.2756 Similar varietal characteristics. 51.2757 Whole. 51.2758 Split. 51.2759 Broken. 51.2760 Foreign material. 51.2761 Unshelled. 51.2762 Minor defects. 51.2763 Damage. Subpart—United States Standards for Grades of Onions (Other Than Ber muda-Granex-Grano and Creole Types) GRADES 51.2830 U.S. No. 1. 51.2831 U.S. Export No. 1. 51.2832 U.S. Commercial. 51.2833 U.S. No. 1 Boilers. 51.2834 U.S. No. 1 Picklers. 51.2835 U.S. No. 2. SIZE CLASSIFICATIONS 51.2836 Size classifications. TOLERANCES 51.2837 Tolerances. SAMPLES FOR GRADE AND SIZE DETERMINATION 51.2838 Samples for grade and size deter mination. APPLICATION OF TOLERANCES 51.2839 Application of tolerances. EXPORT PACKING REQUIREMENTS 51.2840 Export packing requirements. DEFINITIONS 51.2841 Mature. 51.2842 Dormant. 51.2843 Fairly firm. 51.2844 Fairly well shaped. 51.2845 Wet sunscald. 51.2846 Doubles. 51.2847 Bottlenecks. 51.2848 Scallions. 51.2849 Damage. 51.2850 Diameter. 51.2851 Badly misshapen. 51.2852 Serious damage. 51.2853 One type. METRIC CONVERSION TABLE 51.2854 Metric conversion table. Subpart—United States Standards for Grades of Apricots GRADES 51.2925 U.S. No. 1. 51.2926 U.S. No. 2. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00334 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 325 Agricultural Marketing Service, USDA Pt. 51 MARKING AND PACKING REQUIREMENTS 51.2927 Marking and packing requirements. TOLERANCES 51.2928 Tolerances. APPLICATION OF TOLERANCES 51.2929 Application of tolerances. DEFINITIONS 51.2930 Mature. 51.2931 Well-formed. 51.2932 Damage. 51.2933 Serious damage. 51.2934 Diameter. Subpart—United States Standards for Grades of Walnuts in the Shell GENERAL 51.2945 Application. 51.2946 Color chart. 51.2947 Method of inspection. GRADES 51.2948 U.S. No. 1. 51.2949 U.S. No. 2. 51.2950 U.S. No. 3. UNCLASSIFIELD 51.2951 Unclassified. SIZE SPECIFICATIONS 51.2952 Size specifications. VARIETY OR TYPE SPECIFICATIONS 51.2953 Variety or type specifications. TOLERANCES FOR GRADE DEFECTS 51.2954 Tolerances for grade defects. APPLICATION OF TOLERANCES 51.2955 Application of tolerances. DEFINITIONS 51.2956 Practically clean. 51.2957 Bright. 51.2958 Splits. 51.2959 Injury by discoloration. 51.2960 Damage. 51.2961 Well dried. 51.2962 Decay. 51.2963 Dark discoloration. 51.2964 Rancidity. 51.2965 Fairly clean. 51.2966 Serious damage. Subpart—United States Standards for Florida Avocados GRADES 51.3050 U.S. No. 1. 51.3051 U.S. Combination. 51.3052 U.S. No. 2. 51.3053 U.S. No. 3. UNCLASSIFIED 51.3054 Unclassified. STANDARD PACK 51.3055 Standard pack. APPLICATION OF TOLERANCES 51.3056 Application of tolerances. DEFINITIONS 51.3057 Similar varietal characteristics. 51.3058 Mature. 51.3059 Overripe. 51.3060 Well formed. 51.3061 Clean. 51.3062 Well colored. 51.3063 Well trimmed. 51.3064 Damage. 51.3065 Fairly well formed. 51.3066 Fairly well colored. 51.3067 Serious damage. 51.3068 Badly misshapen. 51.3069 Very serious damage. Subpart—United States Standards for Grades of Nectarines GRADES 51.3145 U.S. Fancy. 51.3146 U.S. Extra No. 1. 51.3147 U.S. No. 1. 51.3148 U.S. No. 2. 51.3149 [Reserved] TOLERANCES 51.3150 Tolerances. APPLICATION OF TOLERANCES 51.3151 Application of tolerances. STANDARD PACK 51.3152 Standard pack. DEFINITIONS 51.3153 Mature. 51.3154 Well formed. 51.3155 Clean. 51.3156 Injury. 51.3157 Damage. 51.3158 Badly misshapen. 51.3159 Serious damage. METRIC CONVERSION TABLE 51.3160 Metric conversion table. Subpart—United States Standards for Grades of Bermuda-Granex-Grano Type Onions GRADES 51.3195 U.S. No. 1. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00335 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 326 7 CFR Ch. I (1–1–17 Edition) § 51.1 1 None of the requirements in the regula tions of this subpart shall excuse failure to comply with any Federal, State, county, or municipal laws applicable to products cov ered in the regulations of this subpart. 51.3196 U.S. Combination. 51.3197 U.S. No. 2. SIZE CLASSIFICATIONS 51.3198 Size classifications. TOLERANCES 51.3199 Tolerances. SAMPLES FOR GRADE AND SIZE DETERMINATION 51.3200 Samples for grade and size deter mination. APPLICATION OF TOLERANCES 51.3201 Application of tolerances. DEFINITIONS 51.3202 Similar varietal characteristics. 51.3203 Mature. 51.3204 Fairly firm. 51.3205 Fairly well shaped. 51.3206 Wet sunscald. 51.3207 Doubles. 51.3208 Bottlenecks. 51.3209 Damage. 51.3210 Serious damage. 51.3211 Diameter. METRIC CONVERSION TABLE 51.3212 Metric conversion table. Subpart—United States Standards for Grades of Potatoes for Processing 51.3410 Grades. 51.3411 Usable piece. 51.3412 Unusable material. 51.3413 Size. 51.3414 Application of standards. 51.3415 Definitions. 51.3416 Classification of defects. 51.3417 Optional test for specific gravity. 51.3418 Optional test for fry color. Subpart—United States Standards for Grades of Honey Dew and Honey Ball Type Melons GRADES 51.3740 U.S. No. 1. 51.3741 U.S. Commercial. 51.3742 U.S. No. 2. UNCLASSIFIED 51.3743 Unclassified. TOLERANCES 51.3744 Tolerances. APPLICATION OF TOLERANCES 51.3745 Application of tolerances. DEFINITIONS 51.3746 Mature. 51.3747 Well formed. 51.3748 Damage. 51.3749 Serious damage. AUTHORITY: 7 U.S.C. 1621–1627. Subpart—Regulations 1 SOURCE: 32 FR 15066, Nov. 1, 1967, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. ADMINISTRATIVE § 51.1 Administration of regulations. (a) The Administrator, Agricultural Marketing Service, U.S. Department of Agriculture, is charged with the ad ministration of the regulations in this part, except at his discretion, he may delegate any or all such functions to any other officer or employee of the Agricultural Marketing Service of the Department. (b) The conduct of all services and the hiring and licensing of inspection, grading and sampling personnel under these regulations shall be accom plished without discrimination as to race, color, religion, sex or national or igin. [39 FR 40937, Nov. 22, 1974. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981] DEFINITIONS § 51.2 Terms defined. Words in the regulations in this part in the singular form shall be deemed to import the plural, and vice versa, as the case may demand. For the purposes of the regulations in this part, unless the context otherwise requires, the fol lowing terms shall have the following meanings: (a) Act. ‘‘Act’’ means the applicable provisions of the Agricultural Mar keting Act of 1946 (60 Stat. 1087 et seq.) as amended; (7 U.S.C. 1621 et seq.) or VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00336 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 327 Agricultural Marketing Service, USDA § 51.2 any other act of Congress conferring like authority. (b) Administrator. ‘‘Administrator’’ means the Administrator of Agricul tural Marketing Service. (c) Applicant. ‘‘Applicant’’ means any interested party who has applied for in spection service under the regulations in this part. (d) Carlot. ‘‘Carlot’’means any num ber of containers which contain a prod uct of the same kind located on or un loaded from the same conveyance and available for inspection at the same time and location: Provided, That: (1) Product of the same carlot shall be considered to be separate lots when ever the product differs markedly as to quality and/or condition, and such dif ferences are definitely associated with certain brands, varieties, sizes or con tainer markings; (2) If the applicant requests more than one inspection certificate cov ering portions of the same carlot, the quantity of the carlot covered by each certificate shall be considered to be a separate carlot; (3) If product of the same carlot is packed in more than one size or type container, each such size or type shall be considered to be a separate lot. (e) Carlot equivalent. ‘‘Carlot equiva lent’’ shall be the quantity of an indi vidual product customarily loaded in common highway trailers. (f) Condition. (1) ‘‘Condition’’ means the relative degree of soundness of a product which may affect its merchantability and includes those factors which are subject to change and may result from, but not necessarily limited to, age, improper handling, storage or lack of refrigeration. (2) Examples of condition factors in clude maturity or stage of ripeness; state of freshness, such as crispness, tenderness, or toughness; wilting; shriveling or flabbiness; mechanical in juries resulting from improper han dling after packing; progressive patho logical, physiological, and virus dis eases, including fungal and bacterial roots; and freezing damage which may occur in transit or storage; or any other factor which may occur, develop, or progress in the marketing channels. (g) Agricultural Marketing Service. ‘‘Agricultural Marketing Service’’ means the Agricultural Marketing Service of the Department. (h) Department. ‘‘Department’’ means the U.S. Department of Agriculture. (i) Federal-State Inspection Agency. ‘‘Federal-State Inspection Agency’’ means any State agency, business asso ciation or trade organization, private firm, or other person or corporation with which the Department has en tered into a cooperative agreement for inspection service. (j) Grade. ‘‘Grade’’ means a class or rank of quality. (k) Inspector. ‘‘Inspector’’ means any employee of the Department author ized by the Secretary or any other per son licensed by the Secretary, to inves tigate, sample, inspect, and certify, in accordance with the regulations in this part, to any interested party the qual ity, quantity and/or condition of any fresh product covered in this part, and to perform related duties in connection with the inspection service. (l) Inspection service. ‘‘Inspection service’’ means: (1) The Service established and con ducted under the regulations in this part for the determination and certifi cation or other identification as to the grade, the quality and/or condition of fresh fruits or vegetables and related products including the condition of container. (2) Performance by an inspector of any related services such as reporting the temperatures of loads or lots of fresh products. (3) To observe conditions under which a product is being packed, to observe plant sanitation as a prerequisite to in spection of the packed product either on a continuous or periodic basis, or checkload the inspected product in connection with the marketing of the product. (4) The issuance of inspection certifi cates or reports relating to paragraphs (j)(1), (2), and (3) of this section. (m) Interested party. ‘‘Interested party’’ means any person who has a fi nancial interest in the product for which inspection is requested. (n) Person. ‘‘Person’’ means any indi vidual, partnership, association, busi ness trust, corporation, any organized group of persons (whether incorporated or not), the United States (including, VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00337 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 328 7 CFR Ch. I (1–1–17 Edition) § 51.3 but not limited to, any corporate agen cies thereof), and any State, county, or municipal government, any common carrier, and any authorized agent of any of the foregoing. (o) Packing plant. ‘‘Packing plant’’ means the premises, buildings, struc tures, and equipment including but not limited to, machines, utensils, fixtures, employed or used with respect to prep aration and packing the product. (p) Quality. ‘‘Quality’’ means the combination of the inherent properties or attributes of a product which deter mines its relative degree of excellence. (q) Regulations. ‘‘Regulations’’ means the regulations in this subpart. (r) Sample. ‘‘Sample’’ means any number of sample units to be used for inspection. (s) Sample unit. ‘‘Sample unit’’ means a container and/or its entire contents, a portion of the contents of a container or other unit of a commodity, or a composite mixture of a commodity to be used for inspection. (t) Sampling. ‘‘Sampling’’ means the act of selecting samples of a com modity for the purpose of inspection under the regulations in this part. (u) Secretary. ‘‘Secretary’’ means the Secretary of Agriculture of the United States or any officer or employee of the Agricultural Marketing Service to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead. [32 FR 15066, Nov. 1, 1967. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981; 56 FR 55799, Oct. 30, 1991] § 51.3 Designation of official certifi cates, memoranda, marks, other identifications and devices for pur poses of the Agricultural Marketing Act. Subsection 203(h) of the Agricultural Marketing Act of 1946, as amended by Pub. L. 272, 84th Congress, provides criminal penalties for various specified offenses relating to official certifi cates, memoranda, marks or other identifications, and devices for making such marks or identifications, issued or authorized under section 203 of said act, and certain misrepresentations concerning the inspection or grading of agricultural products under said sec tion. For the purpose of said subsection and the provisions in this part, the terms listed below shall have the re spective meanings specified: (a) Inspection certificate. ‘‘Inspection certificate’’ means any form of certifi cation, either written or printed, used under this part to certify with respect to the inspection, identification, class, grade, quality, size, quantity, or condi tion of products (including the compli ance of products with applicable speci fications). (b) Official memorandum. ‘‘Official memorandum’’ means any initial record of findings made by an author ized person in the process of grading, inspecting, or sampling pursuant to this part, any processing or plant-oper ation report made by an authorized person in connection with grading, in specting, or sampling under this part, and any report made by an authorized person of services performed pursuant to this part. (c) Official mark. ‘‘Official mark’’ means the grade mark, inspection mark, combined form of inspection and grade mark, and any other mark, or any variations in such marks, includ ing those prescribed in § 51.49, approved by the Administrator and authorized to be affixed to any product, or affixed to or printed on the packaging material of any product, stating that the product was graded or inspected, or both, or in dicating the appropriate U.S. grade or condition of the product, or for the purpose of maintaining the identity of products graded or inspected, or both, under this part. (d) Official identification. ‘‘Official identification’’ means any United States (U.S.) standard designation of class, grade, quality, size, quantity, or condition specified in this part or any symbol, stamp, label or seal indicating that the product has been graded or in spected and/or indicating the class, grade, quality, size, quantity, or condi tion of the product approved by the Ad ministrator and authorized to be af fixed to any product, or affixed to or printed on the packaging material of any product. (e) Official device. ‘‘Official device’’ means a stamping appliance, branding device, stencil, printed label, or any VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00338 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 329 Agricultural Marketing Service, USDA § 51.8 other mechanically or manually oper ated tool that is approved by the Ad ministrator for the purpose of applying any official mark or other identifica tion to any product or the packaging material thereof; or any device ap proved and designated by the Adminis trator as a USDA official device for use as a color standard, defect guide, or other similar aid to interpret the U.S. Department of Agriculture grade standards and to facilitate conduct of the Inspection Service. INSPECTION SERVICE § 51.4 Where inspection service is of fered. Products will be inspected at appro priate points indicated in paragraphs (a), (b), and (c) of this section whenever inspectors are available. (a) Shipping points. Inspection service is available in all areas covered by co operative agreements entered into on behalf of the Department with Cooper ating Federal-State Inspection Agen cies providing for this inspection work pursuant to authority contained in any Act of Congress, or may be provided in any other area which is not covered by a cooperative agreement if the Admin istrator determines that it is prac ticable to provide inspection service. (b) Destination markets. Inspection is available in all central markets in which an inspection office is located. (c) Other destination points. Inspection may be made at any point which may be conveniently reached from any ter minal market in which an inspection office is located to the extent inspec tion personnel is available. (d) Addresses of offices. Any prospec tive applicant may obtain an up-to date list of inspection offices by ad dressing an inquiry to Fresh Products Standardization and Inspection Branch, Fruit and Vegetable Division, Agricultural Marketing Service, U.S. Department of Agriculture, Wash ington, D.C. 20250. § 51.5 Who may obtain inspection serv ice. An application for inspection service may be made by any interested party including, but not limited to, the United States and any instrumentality or agency thereof, any State, county, municipality, or common carrier, and any authorized agent in behalf of the foregoing. § 51.6 How to make application. An application for inspection service may be filed in an office of inspection at any market referred to in § 51.4 (b), (c), or (d) or with any inspector. It may be made in writing, orally, electroni cally, or by telephone. If made orally or by telephone, the inspector may re quire that it be confirmed by the appli cant in writing or electronically. An application may be made for one or more lots, or it may be in the nature of a blanket application for inspection of all designated lots of a given com modity within a particular period, or for all designated lots loaded or re ceived at a specified point. [81 FR 93572, Dec. 21, 2016] § 51.7 Form of application. Each application for inspection serv ice shall state (a) the name and address of the applicant and the name and ca pacity of the person, if any, making the application in his behalf; (b) the name and address of the shipper; (c) the kind and quantity of the products in volved; (d) the interest of the applicant therein; (e) the identification of the products by (1) grade, brand, or other marks, if practicable, (2) car number of carrier or number of truck or name of boat, if practicable, and (3) the name and location of the store, warehouse, or other place where the products are lo cated; (f) the particular quality or con dition concerning which inspection is requested, to which may be added the time and place at which it is desired that the inspection be made; (g) when the lot is to be inspected in a receiving market, the name and address of the receiver; (h) the name of the shipping point and of the destination, when known; and (i) such other information as may be necessary for identification of the product, or as may be required by the inspector or the Administrator. § 51.8 Filing of application. An application shall be regarded as filed only when made at the office of inspection nearest the place where the VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00339 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 330 7 CFR Ch. I (1–1–17 Edition) § 51.9 commodity is located. A record show ing the date and time of filing shall be made and kept in such office. § 51.9 When application may be re jected. An application may be rejected by the inspector in charge of the appro priate office of inspection if the appli cant objects to the inspector cutting an adequate number of specimens to determine the interior quality or con dition of the product to be inspected, or for failure of the applicant (a) to ob serve the regulations of this part, (b) to furnish necessary information or to make the commodity reasonably avail able or accessible for inspection, (c) to pay for previous inspection services rendered, or (d) when it appears that to perform the inspection and certifi cation service would not be to the best interest of the Government. Such ap plicant shall be notified promptly of the reason for such rejection. § 51.10 When application may be with drawn. An application may be withdrawn by the applicant at any time before the in spection is performed: Provided, That the applicant shall pay any travel ex penses, telephone, telegraph, or other expenses which have been incurred by the Inspection Service in connection with such application. § 51.11 Authority to request inspection. Proof of the interest of an applicant in the product involved, or of the au thority of any person applying for in spection in behalf of another may be required, at the discretion of the in spector. § 51.12 Accessibility of products. The applicant shall cause the prod ucts for which inspection is requested to be made reasonably accessible for sampling or inspection and to be so placed as to disclose their quality or condition. Samples of the products drawn for examination shall be in spected only under such conditions as, in the opinion of the inspector, will permit a true and correct determina tion to be made of their quality or con dition. § 51.13 Basis of service. Inspection and certification service for quality and/or condition shall be based upon the appropriate standards promulgated by the U.S. Department of Agriculture, applicable standards pre scribed by the laws of the State where the particular product was produced, specifications of any governmental agency, written buyer and seller con tract specifications, or any written specification by an applicant which is approved by the Administrator: Pro vided, That if such product is regulated pursuant to the Agricultural Mar keting Agreement Act of 1937, as amended (7 U.S.C. 601 et seq.), or the comparable laws of any State, such in spection and certification shall be on the basis of the standards, if any, pre scribed in, or pursuant to, the mar keting order and/or agreement effec tive thereunder. § 51.14 Order of inspection service. Inspection service shall be per formed, insofar as practicable, in the order of which applications are re ceived, except that precedence shall be given (a) to the inspection of lots in volved in complaints filed pursuant to the Perishable Agricultural Commod ities Act, 1930 (U.S.C. 449a et seq.), and (b) to appeal inspections. Precedence may also be given to applications made on behalf of the Federal or State Gov ernment. § 51.15 Financial interest of inspector. No inspector shall inspect any prod uct in which he is directly or indirectly financially interested. § 51.16 Postponing inspection service. If the inspector has reason to believe that, because of latent defects due to climatic or other conditions, he is un able to determine the true quality or condition of the product, he shall post pone examination for such period as may, in his judgment, be reasonably necessary to enable him to determine its true quality or condition. Inspec tion shall also be postponed by the in spector, unless otherwise directed by the applicant, if in his judgment exam ination of the product when exposed to VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00340 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 331 Agricultural Marketing Service, USDA § 51.21 low temperatures may result in dam age to the product. § 51.17 Official sampling. Samples may be officially drawn by any duly authorized inspector and de livered, or shipped, for analysis and certification to the nearest designated market or to such market as shall be directed by the Administrator. The container in which such samples are delivered, or shipped, shall contain a statement, signed by the inspector who drew the samples, showing the time and place of the sampling and the brands or other identifying marks of the containers from which the samples were drawn. The certificate based on such samples shall show the time and place of drawing the samples, and the name of the inspector by whom they were drawn. § 51.18 Certificate forms. Certificates shall be issued on forms approved by the Administrator. § 51.19 Issuance of certificates. (a) A separate certificate shall be issued for each lot inspected, except that when an application covers more than one lot a single certificate may be issued to cover all such lots. The per son signing and issuing the certificate shall be one of the following: (1) The inspector who performed the inspection; (2) Another employee of the Inspec tion Service who has been given power of attorney by the inspector and au thorized by the Administrator to affix the inspector’s signature to an inspec tion certificate; (3) Another employee of the Inspec tion Service who has been authorized by the Administrator to act in a super visory capacity; (4) With the approval of the adminis trator, the signature of the person per forming the inspection or that of an employee of the Inspection Service who has been authorized to act in a super visory capacity may be affixed by com puter to an official certificate. Provided, That in all cases the inspec tion certificate shall be prepared in ac cordance with the official memoranda of the inspector or inspectors who per formed the inspection: And provided further, That whenever a certificate issued is signed by a person given power of attorney by the inspector, that person’s signature must appear along with the name of the inspector. (b) When the inspection is made for the purpose of determining whether food products for use by the applicant comply with contract specifications therefor, a formal certificate need not be issued, but the fact of such compli ance or noncompliance may be indi cated by affixing an appropriate stamp or mark on such products or the con tainers thereof, at the discretion of the inspector. [35 FR 13571, Aug. 26, 1970. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981; 51 FR 8478, Mar. 12, 1986] § 51.20 Issuance of corrected certifi cates. A corrected inspection certificate may be issued by the inspector who issued the original certificate after dis tribution of a certificate if errors, such as incorrect dates, grade statements, lot or car numbers, identification marks, types of containers, sizes, weights, quantities, or errors in any other pertinent information require the issuance of a corrected certificate. Whenever a corrected certificate is issued, such certificate shall supersede the inspection certificate which was issued in error and the superseded cer tificate shall become null and void after the issuance of the corrected cer tificate. § 51.21 Disposition of inspection cer tificates. (a) The original certificate, and not to exceed four copies (if requested by applicant prior to issuance), shall be delivered or mailed promptly to the ap plicant or to a person designated by him. One copy shall be delivered or mailed to the shipper of the inspected product. One copy shall be filed in the office of the inspector when the inspec tion is made by a Federal Government employee, otherwise, it shall be filed in the appropriate office of the cooper ating Federal-State Inspection Agency. Unless otherwise directed by the Ad ministrator, two copies of each official certificate issued on products received VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00341 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 332 7 CFR Ch. I (1–1–17 Edition) § 51.22 in destination markets shall be for warded to the Administrator to be kept on file in Washington and no copies of official certificates issued at shipping point need be so forwarded. In the case of any product covered by a marketing agreement and/or order effective pursu ant to the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601 et seq.), at least one copy of each certificate covering the inspec tion of such product shall, on request, be delivered to the administrative agency established thereunder, subject to such terms and conditions as the Administrator may prescribe. Copies may be furnished to other interested parties as outlined in § 51.41. (b) [Reserved] [63 FR 15277, Mar. 31, 1998] § 51.22 Disposition of samples. If it is necessary to take samples of the product to the inspection office for further examination, the inspector, after completion of inspection of such samples shall dispose of them or any usable portion as follows: (a) Ascertain from the applicant if the owner wants the samples returned to him at his ex pense, (b) if he does not want them re turned at his expense, give them to a nonsectarian charitable organization or, (c) if they have a substantial mone tary value, sell them and remit the proceeds to the Agricultural Marketing Service, U.S. Department of Agri culture, Washington, D.C. 20250, or if applicable, to the cooperating State Agency. Such proceeds shall be depos ited to the credit of the Inspection Trust Fund, Federal or cooperating agency, whichever is applicable. § 51.23 Report of inspection results prior to issuance of formal report. Upon request of an applicant, all or any part of the contents of a certificate covering an inspection requested by him may be telegraphed or telephoned to him, or to any person designated by him, at his expense. If the application for such information is received after the certificate has been issued, it will be considered as an application for an extra copy of the certificate, and the fees prescribed in § 51.41 shall apply. APPEAL INSPECTION § 51.24 When appeal inspection may be requested. An application for appeal inspection may be made by any financially inter ested person who is dissatisfied with the results of an inspection as stated in an inspection certificate, if the lot can be positively identified by the Inspec tion Service as the lot which was pre viously inspected. § 51.25 Where to file for an appeal in spection and information required. An appeal inspection may be ob tained by the applicant, or other per son financially interested in the prod uct, by filing a request (a) with the In spection Office nearest the point where the product is located, or (b) with the inspector who made the original in spection, or (c) with any district super visory inspection office, or (d) with the Administrator. The application for the appeal inspection shall state the rea sons therefor, and shall be accom panied by a copy of any previous in spection certificate or inspection re port, and any other information which the applicant received regarding the quality or condition of the product at the time of the original inspection. Such application may be made orally (in person or by telephone), in writing, or by telegraph. If made orally, written confirmation shall be made promptly. § 51.26 Record of filing time. A record showing the date and time of filing an application for appeal in spection shall be made promptly by the receiving office. § 51.27 When appeal inspection may be refused. An application for an appeal inspec tion may be refused if: (a) The reasons for the appeal inspection are frivolous or not substantial; (b) the quality or condition of the product has undergone a material change since the inspection covering the product on which the ap peal inspection is requested; (c) the lot in question is not, or cannot be, made accessible for the inspection; (d) the lot relative to which appeal inspection is requested cannot be identified posi tively by the inspector as the lot which VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00342 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 333 Agricultural Marketing Service, USDA § 51.33 was previously inspected; or (e) there is noncompliance with the regulations in this part. Such an applicant shall be notified promptly of the reason for re fusal. § 51.28 When an application for an ap peal inspection may be withdrawn. An application for appeal inspection may be withdrawn by the applicant at any time before the appeal inspection is performed: Provided, That the appli cant shall pay any travel expenses, telephone, telegraph or other expenses which have been incurred by the In spection Service in connection with such application. § 51.29 Order in which made. Appeal inspections shall be made, as soon as practicable, following the time requested by the applicant and in the order in which applications are re ceived. They shall take precedence over all other pending applications, ex cept applications for inspections cov ering lots involved in complaints filed pursuant to the Perishable Agricul tural Commodities Act, 1930 as amend ed (7 U.S.C. 499a et seq.). § 51.30 Who shall perform appeal in spections. Appeal inspections shall be per formed by an inspector or inspectors authorized for this purpose by the Ad ministrator and whenever practical, such appeal inspections shall be made by two inspectors. § 51.31 Appeal inspection certificate. After an appeal inspection has been completed, an appeal inspection certifi cate shall be issued showing the results of such appeal inspection; and such cer tificate shall supersede the inspection certificate previously issued for the product involved. Each appeal inspec tion certificate shall clearly identify the number and date of the inspection certificate which it supersedes. The su perseded certificate shall become null and void upon the issuance of the ap peal inspection certificate and shall no longer represent the quality described therein. The inspector or inspectors issuing an appeal inspection certificate shall sign the certificate and forward notice of such issuance to such persons as considered necessary to prevent mis use of the superseded certificate if the original and all copies of such super seded certificate have not previously been delivered to the inspector or in spectors issuing the appeal inspection certificate. The provisions in the regu lations in this part concerning forms of certificates and issuance of certifi cates, shall apply to appeal inspection certificates, except that copies of such appeal inspection certificates shall be furnished all interested parties who re ceive copies of the superseded certifi cate. LICENSING OF INSPECTORS § 51.32 Who may be licensed. Persons who are employed by a coop erative Federal-State Inspection Agen cy and possess adequate qualifications, as determined by such examinations as the Administrator may consider to be appropriate, may be licensed as inspec tors of products which may be in spected under the regulations in this part. Such license shall bear the print ed signature of the Secretary and shall be countersigned by an authorized em ployee of the Department. A licensed inspector shall perform his duties pur suant to the regulations in this subpart as directed by the Administrator. § 51.33 Application to become a li censed inspector. Application to become a licensed in spector shall be made to the Adminis trator on forms furnished for that pur pose. Each such application shall be filled in and signed by the applicant in his own handwriting, and the applica tion shall contain or be accompanied by: (a) A statement of present address, age, height, and weight of the appli cant; (b) A statement showing education and present and previous occupations, together with names of all employers for whom he has worked with periods of service, during the last 5 years pre vious to the date of his application; (c) A statement by the applicant that he agrees to comply with all terms and conditions of the regulations in this part relating to the duties of inspec tors; and VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00343 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 334 7 CFR Ch. I (1–1–17 Edition) § 51.34 (d) Such other information as may be required by the Administrator. § 51.34 Suspension or revocation of li cense of a licensed inspector. Pending final action by the Sec retary, the Administrator may, when ever he deems such action necessary, suspend the license of any licensed in spector issued pursuant to the regula tions in this part by giving notice of such suspension to the respective li censee, accompanied by a statement of the reasons therefor. Within 10 days after the receipt of the aforesaid notice and statement of the reasons by such licensee, he may file an appeal, in writ ing, with the Secretary, supported by any argument or evidence that he may wish to offer as to why his license should not be suspended or revoked. After the expiration of the aforesaid 10 day period and consideration of such argument and evidence, the Secretary will take such action as he deems ap propriate with respect to such suspen sion or revocation. When no appeal is filed within the prescribed 10 days, the license shall be automatically revoked. § 51.35 Surrender of license. Upon termination of his services as a licensed inspector, or suspension or revocation of his license, a licensee shall surrender his license immediately to the office of inspection serving the area in which he is located. These same provisions shall apply in case of an ex pired license. § 51.36 Expiration and renewal of li cense. An inspector’s license issued pursu ant to the regulations in this subpart shall expire on December 31 of each year in which it is issued. The license of an inspector may be renewed by the issuance of a new license and the re newal shall subject the inspector to the terms and conditions of the regulations of this subpart. [37 FR 11313, June 7, 1972. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981] SCHEDULE OF FEES AND CHARGES AT DESTINATION MARKETS § 51.37 Charges for fees, rates, and ex penses. For each carlot of product inspected, a fee or rate determined in accordance with §§ 51.38 and 51.39, and expenses de termined in accordance with § 51.40, shall be paid by the applicant. [56 FR 55800, Oct. 30, 1991] § 51.38 Basis for fees and rates. (a) For each calendar year, AMS will calculate the rate for services, per hour per program employee using the fol lowing formulas: (1) Regular rate. The total AMS in spection program personnel direct pay divided by direct hours, which is then multiplied by the next year’s percent age of cost of living increase, plus the benefits rate, plus the operating rate, plus the allowance for bad debt rate. If applicable, travel expenses may also be added to the cost of providing the serv ice. (2) Overtime rate. The total AMS in spection program personnel direct pay divided by direct hours, which is then multiplied by the next year’s percent age of cost of living increase and then multiplied by 1.5 plus the benefits rate, plus the operating rate, plus an allow ance for bad debt. If applicable, travel expenses may also be added to the cost of providing the service. (3) Holiday rate. The total AMS in spection program personnel direct pay divided by direct hours which is then multiplied by the next year’s percent age of cost of living increase and then multiplied by 2, plus benefits rate, plus the operating rate, plus an allowance for bad debt. If applicable, travel ex penses may also be added to the cost of providing the service. (b)(1) For each calendar year, based on previous fiscal year/historical ac tual costs, AMS will calculate the ben efits, operating, and allowance for bad debt components of the regular, over time and holiday rates as follows: (i) Benefits rate. The total AMS in spection program direct benefits costs divided by the total hours (regular, overtime, and holiday) worked, which is then multiplied by the next calendar VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00344 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 335 Agricultural Marketing Service, USDA § 51.44 year’s percentage cost of living in crease. Some examples of direct bene fits are health insurance, retirement, life insurance, and Thrift Savings Plan (TSP) retirement basic and matching contributions. (ii) Operating rate. The total AMS in spection program operating costs di vided by total hours (regular, overtime, and holiday) worked, which is then multiplied by the percentage of infla tion. (iii) Allowance for bad debt rate. Total allowance for bad debt divided by total hours (regular, overtime, and holiday) worked. (2) The calendar year cost of living expenses and percentage of inflation factors used in the formulas in this sec tion are based on the most recent Of fice of Management and Budget’s Pres idential Economic Assumptions. (c) When an inspection is delayed be cause product is not available or read ily accessible, a charge for waiting time shall be determined using the for mulas in this section. [79 FR 67320, Nov. 13, 2014] § 51.39 Fees for appeal inspections. The fee to be charged to an applicant, including any Government agency, for appeal inspections on all products shall be at the same rate as those set forth in this part, except that when a mate rial error is found in the determination of the original inspection, no fee will be charged. [56 FR 55800, Oct. 30, 1991] § 51.40 Traveling and other expenses. Costs including travel incurred by the Agricultural Marketing Service in providing inspection service or appeal inspections may be charged to the ap plicant, including any Government agency. These charges shall be included with the fee for inspection on the bill furnished the applicant. [56 FR 55800, Oct. 30, 1991] § 51.41 Fees for additional copies of in spection certificates. Additional copies of any inspection certificate other than those copies pro vided for in § 51.21, or copies of official memoranda, may be mailed, faxed, or otherwise provided to any interested party upon payment of a fee of $5.00 for each copy. [56 FR 55800, Oct. 30, 1991] § 51.42 Charges for inspection services on a contract basis. Irrespective of fees and charges pre scribed in the foregoing sections, the Administrator may enter into con tracts with applicants to perform in spection services pursuant to the regu lations in this part and other require ments as prescribed by the Adminis trator in such contract, and the charges for such inspection services provided for in such contracts shall be on such basis as will reimburse the Ag ricultural Marketing Service of the De partment for the full cost of con ducting such inspection service, includ ing an appropriate overhead charge to cover as nearly as practicable adminis trative overhead expenses, as may be determined by the Administrator. § 51.43 How fees shall be paid. Fees shall be paid by the applicant in accordance with the directions on the fee bill furnished him by the billing of fice, and in advance, if required by the inspector. § 51.44 Disposition of fees. (a) The fees collected for services rendered shall be disposed of as follows: (1) Fees for inspections made by in spectors acting exclusively for the Ag ricultural Marketing Service shall be remitted promptly to the Agricultural Marketing Service. (2) Fees for inspections made by an inspector acting under a cooperative agreement with a State or other orga nization shall be disposed of in accord ance with the terms of such agreement. Such portion of the fees collected under a cooperative agreement with a State or other cooperating bodies as may be due the United States shall be remitted to the Agricultural Mar keting Service. (b) Fees and charges collected pursu ant to §§ 51.40 to 51.41 shall be remitted to the Agricultural Marketing Service. (c) Fees and charges collected pursu ant to § 51.42 shall be disposed of in ac cordance with the terms of the con tract. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00345 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 336 7 CFR Ch. I (1–1–17 Edition) § 51.45 SCHEDULE OF FEES AND CHARGES AT SHIPPING POINT AREAS § 51.45 Fees and charges at shipping point areas. Fees for inspection performed under cooperative agreements pursuant to authority contained in any Act of Con gress shall be those provided by such agreements. MISCELLANEOUS § 51.46 Denial of inspection service. Any or all benefits of the act may be denied any person for any of the fol lowing reasons: (a) Any willful mis representation or deceptive or fraudu lent practice made or committed by any person in connection with the making or filing of an application for inspection service; (b) any fradulent or unauthorized use, alteration, or imita tion of any certificate issued pursuant to the regulations in this subpart; (c) any interference with or obstruction of any inspector or official sampler in the performance of his duties, by intimida tion, threat, assault or any other im proper means; or (d) any willful viola tion of the regulations in this subpart may be deemed sufficient cause for de barring the person found guilty thereof from any or all benefits of the acts, after notice and opportunity for hear ing has been accorded him. The Rules of Practice Governing Formal Adju dicatory Proceedings Instituted by the Secretary Under Various Statutes set forth in §§ 1.130 through 1.151 of this title and the Supplemental Rules of Practice in part 50 of this chapter shall govern proceedings conducted pursuant to this section. [32 FR 15066, Nov. 1, 1967. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981, and amended at 60 FR 8464, Feb. 14, 1995] § 51.47 Political activity. All inspectors are forbidden, during the period of their respective appoint ments or while holding a valid inspec tors’ license to take an active part in political campaigns and a violation by a licensee shall constitute grounds for revocation of his license. All Federal employees are subject to the applicable provisions of the Department’s admin istrative regulations relating to polit ical activity. § 51.48 Inspector’s identification. Each inspector shall have in his pos session at all times, and present upon request, while on duty, the means of identification furnished by the Depart ment to such person. § 51.49 Approved identifications. (a) Grade marks. The approved shield mark with the appropriate U.S. grade designation may be used on containers, labels or otherwise indicated on the package when: (1) The product has been packed under continuous inspection as provided by the Inspection Service, (2) the plant in which the product is packed is maintained under good com mercial sanitary practices, and (3) the product has been certified by an inspec tor as meeting the requirements of U.S. Grade A, U.S. Grade No. 1, or a higher U.S. grade as shown within the shield. The shields with approved grade designation for use shall be similar in form and design to the examples in fig ures 1 and 2 of this section. (b) Inspection legends. The approved continuous inspection legends may be used on containers, labels or otherwise indicated on the package when: (1) The VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00346 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31 EC 0 2 S E 9 1 .0 3 9 < /G P H > E C 0 2 S E 9 1 .0 4 0 < /G P H > lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 337 Agricultural Marketing Service, USDA § 51.49 product has been packed under contin uous inspection provided by the Inspec tion Service, (2) the plant in which the product is packed is maintained under good commercial sanitary practices, and (3) the product meets the require ments of such quality, grade, or speci fication as may be approved by the Ad ministrator. The continuous inspection legends approved for use shall be simi lar in form and design to the examples in figures 3 and 4. (c) Combined grade and inspection leg ends. The grade marks set forth in paragraph (a) of this section and illus trated by figures 1 and 2 of this section and the inspection legends set forth in paragraph (b) of this section and illus trated by figures 3 and 4 of paragraph (b) of this section may be combined into a consolidated grade and inspec tion legend for use on products which meet the requirements of both of these paragraphs. See figure 5. (d) Packer identification. The packer’s name and address or assigned code number or other mark identifying the packer as may be approved by the Ad ministrator, shall appear on any con tainer bearing grade marks or inspec tion legends approved under paragraph (a), (b), or (c) of this section, as illus trated by the example in figure 6. (e) Other identification marks. Prod ucts may be inspected on a lot inspec tion basis as provided in this part and identified by an official inspection VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00347 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31 EC 0 2 S E 9 1 .0 4 1 < /G P H > E C 0 2 S E 9 1 .0 4 2 < /G P H > E C 0 2 S E 9 1 .0 4 3 < /G P H > E C 0 2 S E 9 1 .0 4 4 < /G P H > lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 338 7 CFR Ch. I (1–1–17 Edition) § 51.50 mark similar in form and design to fig ure 7 of this paragraph. The use of this mark or other comparable identifica tion marks may be required by the Ad ministrator whenever he determines that such identification is necessary in order to maintain the identity of lots which have been inspected and cer tified. [38 FR 7448, Mar. 22, 1973. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981] § 51.50 Custody of official inspection marking devices. All official inspection marking de vices as shown in figure 6 of § 51.49 shall be kept in the custody of the Agricul tural Marketing Service and accurate records shall be kept of these devices. Each inspection office shall keep a record of the devices assigned to it. Such devices shall be distributed only to authorized employees of the Depart ment who shall keep the devices in their official possession or control at all times and keep complete records of such devices. § 51.51 Prohibited uses of approved identification. No label or advertising material used on, or in conjunction with any product, shall bear a brand name, trademark, product name or any other descriptive material that incorporates, resembles, simulates, or alludes to any official U.S. Department of Agriculture grade mark, grade statement, continuous in spection legend, sampling mark or sampling statement, or combination of one or more thereof. § 51.52 Licensing and identification of certain official devices. The Administrator may issue li censes permitting the manufacture, identification, distribution, and sale of any official device designated as a USDA color standard, defect guide or other similar aid under such terms and conditions as may be specified by the Administrator. Licenses shall be avail able to all persons meeting conditions prescribed by the Administrator, shall be nonexclusive, and shall be revocable for cause. No person shall manufacture, identify, distribute or sell any such of ficial device except at the direction of or under license from the Adminis trator. Such official devices may be marked, tagged or otherwise des ignated with the prefix ‘‘USDA’’ to gether with other identifying words or symbols, as prescribed by the license. REQUIREMENTS FOR PLANTS OPERATING UNDER CONTINUOUS INSPECTION ON A CONTRACT BASIS § 51.53 Continuous inspections. Continuous inspection service which is associated with the use of the ap proved shield showing the U.S. grade, the approved continuous inspection legend, or both, on the container may be furnished whenever inspectors are available, the facilities and conditions are satisfactory for the conduct of the service, and there is a signed contract between the applicant and the Depart ment or a cooperative Federal-State Inspection Agency in which it is agreed that such service will be conducted subject to regulations governing the inspection and certification of fresh fruits, vegetables, and other products, contained in this part and any addi tional and supplemental instructions issued by the Department or such in structions issued by a cooperating agency which are not inconsistent with those issued by the Department. § 51.54 Plant survey. Prior to the inauguration of contin uous Federal or Federal-State Inspec tion Service on a contract basis, the Administrator will make or cause to be made a survey and inspection where such service is to be performed to de termine whether the premises, plant VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00348 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31 EC 0 2 S E 9 1 .0 4 5 < /G P H > lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 339 Agricultural Marketing Service, USDA § 51.59 and facilities are suitable and adequate for the performance of such service in accordance with the regulations in this part, including, but not limited to re quirements contained in §§ 51.54 through 51.59. § 51.55 Premises. The premises shall be free from con ditions objectionable to packing oper ations, including, but not limited to litter, waste and refuse within the im mediate vicinity of the plant buildings, excessively dusty roads, yards or park ing lots, and poorly drained areas. § 51.56 Buildings and structures. The packing plant buildings shall be properly constructed and maintained in a sanitary condition, including, but not limited to the following require ments: (a) There shall be sufficient light consistent with the use to which the particular portion of the building is de voted and to permit efficient cleaning. The grading belts and bins shall be pro vided with sufficient proper nonglaring light to insure adequacy of grading and inspection operations; (b) If the product is washed there shall be ample supply of water of a safe and sanitary quality with adequate fa cilities for its distribution throughout the plant and washing machinery; (c) There shall also be an efficient waste disposal and plumbing system maintained in good repair; (d) Each room in which the product is graded or stored shall be designed and constructed as to insure operating con ditions of a clean and orderly character and shall be maintained in a clean and sanitary manner; and, (e) Every practical precaution shall be taken to exclude dogs, cats, rodents and other vermin from the rooms in which the products are to be graded or stored. § 51.57 Facilities. Each packing plant shall be equipped with adequate sanitary facilities and accommodations, including but not being limited to the following: (a) There shall be a sufficient number of adequately lighted toilet rooms, ample in size and conveniently located. Toilet rooms shall be adequately screened and equipped with self-closing doors, and shall have independent out side ventilation; (b) Adequate lavatory accommoda tions and supplies shall be placed at such locations in or near toilet rooms as to insure the cleanliness of each per son who grades or handles the product to be inspected; and (c) Suitable facilities for cleaning shall be provided at convenient loca tions in the plant. § 51.58 Equipment. All equipment used for receiving, washing, grading, packaging or storing shall be of such design, material and construction that it may be kept clean. § 51.59 Operations and operating pro cedures. (a) The inspector shall refuse to per mit the use of the official shield with grade mark or continuous inspection legend on packages if the produce is from a field or orchard having a disease or other condition which may not be apparent on individual specimens at packing time but which may cause the product to materially decrease in qual ity after packing. (b) All products which are certified shall be subjected to continuous in spection throughout the packing oper ations. (c) The inspectors are available for consultation purposes but shall not be come involved in plant operations. (d) The Inspection Service will not be responsible for damages occurring through any act of commission or omission on the part of its inspectors when engaged in rendering continuous inspection service; for packing errors or misbranding of products; or for fail ure to supply enough inspectors during any period of service provided under the contract. (e) The applicant for continuous in spection shall: (1) Conform to all applicable regula tions under which the continuous in spection service is conducted. (2) Use only raw material which has been handled or stored under condi tions which insures its suitability for packing; maintain the plant designated herein in such sanitary condition and to employ such methods of handling VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00349 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 340 7 CFR Ch. I (1–1–17 Edition) § 51.60 raw materials for packing as may be necessary to conform to the sanitary requirements prescribed in this part. (3) Not permit any of his marks or la bels or buyers’ and distributors’ marks or labels applied by him on which ref erence is made to continuous inspec tion to be used on any product not packed under this continuous inspec tion service; or permit any of his marks or labels or buyers’ and distribu tors’ marks or labels applied by him on which reference is made to any U.S. Grade to be used on any product which does not meet the requirements of such grade; or to supply labels bearing ref erence to continuous inspection service to another plant unless the products to which such labels are to be applied have been packed under continuous in spection. (4) Furnish any reports of packaging and output of products inspected, as may be requested by the inspection agencies. (5) Make available to inspectors ade quate office space in the designated plant and furnish suitable desks and of fice equipment for the proper care of inspection records. (6) Make his laboratory or other fa cilities and necessary equipment avail able for the use of inspectors in making inspection of samples. (7) Furnish if required, such steno graphic and clerical assistance as may be necessary in the typing of certifi cates and reports and the handling of official correspondence, as well as the labor incident to drawing of samples and facilitating adequate inspection procedure when necessary. (8) Submit to the Chief of the Fresh Products Standardization and Inspec tion Branch, Fruit and Vegetable Divi sion, Agricultural Marketing Service, for approval prior to printing, drawings or printers’ proofs of each packer’s or distributor’s label bearing or referring in any manner to official inspection legends or grade marks. (9) Not make deceptive, fraudulent, or unauthorized use in his advertising, or otherwise, of the continuous inspec tion service, the inspection certificates or reports issued, or the containers on which the shield of the Department is identified, in connection with the sale of any of the packaged products; and to submit to the Agricultural Marketing Service through the inspector assigned to the plant or other representative of the Inspection Service, for approval to use any proposed advertising in which reference is made to the Inspection Service. [32 FR 15066, Nov. 1, 1967, as amended at 38 FR 7448, Mar. 22, 1973. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981] § 51.60 Termination of contracts. In case the applicant wishes to termi nate the contract he agrees either to continue the service until all unused containers, labels and advertising ma terial on hand or in the possession of his supplier bearing the Department shield, or reference to continuous in spection service have been used, or to destroy such containers, labels and ad vertising material, or to obliterate the Department shield and all other ref erence to the continuous inspection service on said containers, labels, and advertising material, or otherwise fur nish assurance satisfactory to the Ag ricultural Marketing Service that such containers, labels and advertising ma terial will not be used in violation of the terms and conditions of this agree ment. In case the continuous inspec tion service is terminated for cause by the Agricultural Marketing Service, the applicant agrees to destroy all un used containers, labels and advertising material on hand bearing the Depart ment shield, or reference to continuous inspection service, or to obliterate the Department shield, and all reference to the continuous inspection service on said containers, labels and advertising material or otherwise furnish assur ance satisfactory to the Agricultural Marketing Service that such con tainers, labels and advertising material will not be used in violation of the terms and conditions of the agreement. § 51.61 Congressional interest in con tracts. No member of, or delegate to Con gress, or Resident Commissioner, shall be admitted to any share or part of any contract provided for in the regula tions in this subpart or to any benefit that may arise therefrom, but this pro vision shall not be construed to extend VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00350 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 341 Agricultural Marketing Service, USDA § 51.302 to such contract if made with a cor poration for its general benefit, and shall not extend to any benefits that may accrue from the contract to a member of, or delegate to Congress, or a Resident Commissioner in his capac ity as a farmer. § 51.62 OMB control numbers assigned pursuant to the Paperwork Reduc tion Act. The information collection require ments contained in this part have been approved by the Office of Management and Budget (OMB) under the provisions of 44 U.S.C. Chapter 35 and have been assigned OMB Control No. 0581–0125. (44 U.S.C. Chap. 35) [49 FR 23826, June 8, 1984] Subpart—United States Standards for Grades of Apples SOURCE: 67 FR 69663, Nov. 19, 2002, unless otherwise noted. GRADES § 51.300 U.S. Extra Fancy. ‘‘U.S. Extra Fancy’’ consists of ap ples of one variety (except when more than one variety is printed on the con tainer) which are mature but not over ripe, clean, fairly well formed, free from decay, internal browning, inter nal breakdown, soft scald, scab, freez ing injury, visible water core, and bro ken skins. The apples are also free from injury caused by bruises, brown surface discoloration, smooth net-like russeting, sunburn or sprayburn, limb rubs, hail, drought spots, scars, dis ease, insects, or other means. The ap ples are free from damage caused by bitter pit or Jonathan spot and by smooth solid, slightly rough or rough russeting, or stem or calyx cracks, as well as damage by invisible water core after January 31st of the year following the year of production except for the Fuji variety of apples. Invisible water core shall not be scored against the Fuji variety of apples under any cir cumstances. For the apple varieties listed in table I of § 51.305, each apple of this grade has the amount of color specified for the variety. (See §§ 51.305 and 51.306.) § 51.301 U.S. Fancy. ‘‘U.S. Fancy’’ consists of apples of one variety (except when more than one variety is printed on the container) which are mature but not overripe, clean, fairly well formed, and free from decay, internal browning, internal breakdown, soft scald, freezing injury, visible water core, and broken skins. The apples are also free from damage caused by bruises, brown surface dis coloration, russeting, sunburn or sprayburn, limb rubs, hail, drought spots, scars, stem or calyx cracks, dis ease, insects, bitter pit, Jonathan spot, or damage by other means, or invisible water core after January 31st of the year following the year of production, except for the Fuji variety of apples. Invisible water core shall not be scored against the Fuji variety of apples under any circumstances. For the apple varieties listed in table I of § 51.305, each apple of this grade has the amount of color specified for the vari ety. (See §§ 51.305 and 51.306.) § 51.302 U.S. No. 1. ‘‘U.S. No. 1’’ consists of apples which meet the requirements of U.S. Fancy grade except for color, russeting, and invisible water core. In this grade, less color is required for all varieties listed in table I of § 51.305. Apples of this grade are free from excessive damage caused by russeting which means that apples meet the russeting requirements for U.S. Fancy as defined under the definitions of ‘‘damage by russeting,’’ except the aggregate area of an apple which may be covered by smooth net like russeting shall not exceed 25 per cent; and the aggregate area of an apple which may be covered by smooth solid russeting shall not exceed 10 per cent: Provided, That, in the case of the Yellow Newtown or similar varieties, the aggregate area of an apple which may be covered with smooth solid russeting shall not exceed 20 percent. Each apple of this grade has the amount of color specified in § 51.305 for the variety. Invisible water core shall not be scored in this grade. (See §§ 51.305 and 51.306.) (a) U.S. No. 1 Hail: ‘‘U.S. No. 1 Hail’’ consists of apples which meet the re quirements of U.S. No. 1 grade except that hail marks where the skin has not VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00351 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 342 7 CFR Ch. I (1–1–17 Edition) § 51.303 been broken and well healed hail marks where the skin has been broken, are permitted, provided the apples are fair ly well formed. (See §§ 51.305 and 51.306.) (b) [Reserved] § 51.303 U.S. Utility. ‘‘U.S. Utility’’ consists of apples of one variety (except when more than one variety is printed on the container) which are mature but not overripe, not seriously deformed and free from decay, internal browning, internal breakdown, soft scald, and freezing in jury. The apples are also free from seri ous damage caused by dirt or other for eign matter, broken skins, bruises, brown surface discoloration, russeting, sunburn or sprayburn, limb rubs, hail, drought spots, scars, stem or calyx cracks, visible water core, bitter pit or Jonathan spot, disease, insects, or other means. (See § 51.306.) § 51.304 Combination grades. (a) Combinations of the above grades may be used as follows: (1) Combination U.S. Extra Fancy and U.S. Fancy; (2) Combination U.S. Fancy and U.S. No. 1; and (3) Combination U.S. No. 1 and U.S. Utility. (b) Combinations other than these are not permitted in connection with the U.S. apple grades. When Combina tion grades are packed, at least 50 per cent of the apples in any lot shall meet the requirements of the higher grade in the combination. (See § 51.306.) COLOR REQUIREMENTS § 51.305 Color requirements. In addition to the requirements spec ified for the grades set forth in §§ 51.300 to 51.304, apples of these grades shall have the percentage of color specified for the variety in table I appearing in this section. All apple varieties other than those appearing in table I shall have no color requirements pertaining to these grades. For the solid red vari eties, the percentage stated refers to the area of the surface which must be covered with a good shade of solid red characteristic of the variety: Provided, That an apple having color of a lighter shade of solid red or striped red than that considered as a good shade of red characteristic of the variety may be admitted to a grade, provided it has sufficient additional area covered so that the apple has as good an appear ance as one with the minimum percent age of good red characteristic of the variety required for the grade. For the striped red varieties, the percentage stated refers to the area of the surface in which the stripes of a good shade of red characteristic of the variety shall predominate over stripes of lighter red, green, or yellow. However, an apple having color of a lighter shade than that considered as a good shade of red characteristic of the variety may be admitted to a grade, provided it has sufficient additional area covered so that the apple has as good an appear ance as one with the minimum percent age of stripes of a good red char acteristic of the variety required for the grade. Faded brown stripes shall not be considered as color. (A) Color standards USDA Visual Aid APL-CC–1 (Plates a—e) consists of a folder con taining the color requirements for ap ples set forth in this section and five plates illustrating minimum good shade of solid red or striped red color, minimum compensating color and shade not considered color, for the fol lowing 12 varieties: Red Delicious, Red Rome, Empire, Idared, Winesap, Jona than, Stayman, McIntosh, Cortland, Rome Beauty, Delicious, and York. These color standards will be avail able for examination and purchasing information in the Fresh Products Branch, Fruit and Vegetable Programs, AMS, U.S. Department of Agriculture, South Building, Washington, DC 20250; in any field office of the Fresh Prod ucts Branch; or upon request of any au thorized inspector of the Fresh Fruit and Vegetable Inspection Service. TABLE 1 1 [Only the varieties listed below shall be required to meet a minimum color requirement] Variety U.S. extra fancy (Percent) U.S. fancy (Percent) U.S. No. 1 (Percent) Red Delicious .... 66 40 25 Red Rome ......... 66 40 25 Empire ............... 66 40 25 Idared ................ 66 40 25 Winesap ............. 66 40 25 Jonathan ............ 66 40 25 Stayman ............ 50 33 25 VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00352 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 343 Agricultural Marketing Service, USDA § 51.307 1 ‘‘Fairly uniform’’ means the size of the fruit within the container does not vary more than 1⁄2 inch diameter from the small est to largest fruit. TABLE 1 1—Continued [Only the varieties listed below shall be required to meet a minimum color requirement] Variety U.S. extra fancy (Percent) U.S. fancy (Percent) U.S. No. 1 (Percent) McIntosh ............ 50 33 25 Cortland ............. 50 33 25 Rome Beauty ..... 50 33 25 Delicious ............ 50 33 25 York ................... 50 33 25 1 Variations on varietal designations listed above must meet or exceed those color requirements listed. TOLERANCES § 51.306 Tolerances. In order to allow for variations inci dent to proper grading and handling in each of the grades in 51.300, 51.301, 51.302, 51.303, and 51.304 the following tolerances are provided as specified: (a) Defects: (1) U.S. Extra Fancy, U.S. Fancy, U.S. No. 1, and U.S. No. 1 Hail grades: 10 percent of the apples in any lot may fail to meet the requirements of the grade, but not more than one half of this amount, or 5 percent, shall be allowed for apples which are seri ously damaged, including therein not more than 1 percent for apples affected by decay or internal breakdown. (2) U.S. Utility grade: 10 percent of the apples in any lot may fail to meet the requirements of the grade, but not more than one-half of this amount, or 5 percent, shall be allowed for apples which are seriously damaged by in sects, and including in the total toler ance not more than 1 percent for apples affected by decay or internal break down. (b) When applying the foregoing tol erances to Combination grades, no part of any tolerance shall be allowed to re duce, for the lot as a whole, the 50 per cent of apples of the higher grade re quired in the combination, but indi vidual containers shall have not less than 40 percent of the higher grade. (c) Size: When size is designated by the numerical count for a container, not more than 10 percent of packages in the lot may fail to be fairly uni form. 1 When size is designated by min imum or maximum diameter, not more than 5 percent of the apples in any lot may be smaller than the designated minimum, and not more than 10 per cent may be larger than the designated maximum. For Red Delicious or Golden Delicious varieties only, a combination of minimum diameter and/or weight may be used. When this designation is used, an individual apple will be con sidered to have met the minimum size requirement even if the apple is small er than the minimum diameter, pro vided it is equal to or greater than the weight provided in table II of this sec tion. However, not more than 5 percent of the apples in any lot may fail to meet either the minimum diameter or minimum weight when so designated. In addition, when Red Delicious or Golden Delicious apples are designated with diameter/weight combinations, they may only be designated according to the following table: TABLE II Red delicious Golden delicious 21⁄8 inches or 65 grams ......................... 63 grams 21⁄4 inches or 75 grams ......................... 70 grams 23⁄8 inches or 84 grams ......................... 82 grams 21⁄2 inches or 100 grams ....................... 95 grams 25⁄8 inches or 115 grams ....................... 109 grams 23⁄4 inches or 139 grams ....................... 134 grams APPLICATION OF TOLERANCES § 51.307 Application of tolerances. The contents of individual packages in the lot, are subject to the following limitations: Provided, That the aver ages for the entire lot are within the tolerances specified for the grade: (a) Packages which contain more than 10 pounds: (1) Shall have not more than one and one-half times a specified tolerance of 10 percent or more and not more than double a tolerance of less than 10 per cent, except that at least one apple which is seriously damaged by insects or affected by decay or internal break down may be permitted in any pack age. (2) [Reserved] (b) Packages which contain 10 pounds or less: (1) No package may have more than 3 times the tolerance specified, except that at least three defective apples VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00353 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 344 7 CFR Ch. I (1–1–17 Edition) § 51.308 2 ‘‘Fairly tight’’ means that apples are of the proper size for molds or cell compart ments in which they are packed, and that molds or cells are filled in such a way that no more than slight movement of apples within molds or cells is possible. 3 ‘‘Fairly well filled’’ means that the net weight of apples in containers ranging from 2,100 to 2,900 cubic inch capacity is not less than 37 pounds for Cortland, Gravenstein, Jonathan, McIntosh and Golden Delicious varieties and not less than 40 pounds for all other varieties. may be permitted in any package: Pro vided, That not more than three apples or more than 18 percent (whichever is the larger amount) may be seriously damaged by insects or affected by decay or internal breakdown. (2) [Reserved] METHODS OF SAMPLING AND CALCULATION OF PERCENTAGES § 51.308 Methods of sampling and cal culation of percentages. (a) When the numerical count is marked on the container, containers are packed to weigh ten pounds or less, or in any container where the min imum diameter of the smallest apple does not vary more than 1⁄2 inch from the minimum diameter of the largest apple, percentages shall be calculated on the basis of count. (b) In all other cases except those listed in paragraph (a) of this section, they shall be calculated on the basis of weight. CONDITION AFTER STORAGE OR TRANSIT § 51.309 Condition after storage or transit. Decay, scald, or any other deteriora tion which may have developed on ap ples after they have been in storage or transit shall be considered as affecting condition and not the grade. PACKING REQUIREMENTS § 51.310 Packing requirements. (a) Apples tray packed or cell packed in cartons shall be arranged according to approved and recognized methods. Packs shall be at least fairly tight 2 or fairly well filled. 3 (b) Closed cartons containing apples not tray or cell packed shall be fairly well filled or the pack shall be suffi ciently tight to prevent any appre ciable movement of the apples. (c) Packs in wooden boxes or baskets shall be sufficiently tight to prevent any appreciable movement of apples within containers when the packages are closed. Each wrapped apple shall be completely enclosed by its individual wrapper. (d) Apples on the shown face of any container shall be reasonably rep resentative in size, color and quality of the contents. (e) Tolerances: In order to allow for variations incident to proper packing, not more than 10 percent of the con tainers in any lot may fail to meet these requirements. MARKING REQUIREMENTS § 51.311 Marking requirements. Variety (or varieties if more than one is packed in the container), grade, and the numerical count or minimum di ameter of apples packed in a closed container shall be indicated on the con tainer. For apple lots utilizing the combined diameter/weight designations for Red Delicious and Golden Delicious varieties, the minimum diameter and minimum weight of apples packed in a closed container shall be indicated on the container. (a) When the numerical count is not shown, the minimum diameter or, in the case of Red Delicious or Golden De licious lots where minimum diameter/ weight designations have been chosen, the minimum diameter and weight as designated in table II, shall be plainly stamped, stenciled or otherwise marked on the container in terms of whole inches, or whole inches and not less than eighth inch fractions thereof in the following manner: ‘‘A’’ inches or ‘‘B’’ grams, where ‘‘A’’ corresponds to one of the diameter measurements in terms of inches listed in table II and ‘‘B’’ corresponds to the weight meas urement in grams as indicated in table II. Both diameter and weight must be shown using the word ‘‘or’’ between the given measurements. (b) The word ‘‘minimum,’’ or its ab breviation, when following a diameter size marking, means that the apples VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00354 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 345 Agricultural Marketing Service, USDA § 51.316 are of the size marked or larger. (See §§ 51.306 and 51.307.) DEFINITIONS § 51.312 Mature. ‘‘Mature’’ means that the apples have reached the stage of development which will insure the proper comple tion of the ripening process. Before a mature apple becomes overripe it will show varying degrees of firmness, de pending upon the stage of the ripening process. The following terms are used for describing different stages of firm ness of apples: (a) ‘‘Hard’’ means apples with a tena cious flesh and starchy flavor. (b) ‘‘Firm’’ means apples with a tena cious flesh but which are becoming crisp with a slightly starchy flavor, ex cept the Delicious variety. (c) ‘‘Firm ripe’’ means apples with crisp flesh except that the flesh of the Gano, Ben Davis, and Rome Beauty va rieties may be slightly mealy. (d) ‘‘Ripe’’ means apples with mealy flesh and soon to become soft for the variety. § 51.313 Overripe. ‘‘Overripe’’ means apples which have progressed beyond the stage of ripe, with flesh very mealy or soft, and past commercial utility. § 51.314 Clean. ‘‘Clean’’ means that the apples are free from excessive dirt, dust, spray residue, and other foreign material. § 51.315 Fairly well formed. ‘‘Fairly well formed’’ means that the apple may be slightly abnormal in shape but not to an extent which de tracts materially from its appearance. § 51.316 Injury. ‘‘Injury’’ means any specific defect defined in this section or an equally ob jectionable variation of any one of these defects, any other defect, or any combination of defects, which more than slightly detract from the appear ance or the edible or shipping quality of the apple. In addition, specific defect measurements are based on an apple three inches in diameter. Cor responding smaller or larger areas would be allowed on smaller or larger fruit. Any reference to ‘‘inch’’ or ‘‘inches in diameter’’ refers to that of a circle of the specified diameter. Any reference to ‘‘aggregate area,’’ ‘‘total area,’’ or ‘‘aggregate affected area’’ means the gathering together of sepa rate areas into one mass for the pur pose of comparison to determine the extent affected. The following specific defects shall be considered as injury: (a) Russeting in the stem cavity or calyx basin which cannot be seen when the apple is placed stem end or calyx end down on a flat surface shall not be considered in determining whether an apple is injured by russeting. Smooth net-like russeting outside of the stem cavity or calyx basin shall be consid ered as injury when an aggregate area of more than 10 percent of the surface is covered, and the color of the russeting shows no very pronounced contrast with the background color of the apple, or lesser amounts of more conspicuous net-like russeting when the appearance is affected to a greater extent than the amount permitted above. (b) Sunburn or sprayburn, when the discolored area does not blend into the normal color of the fruit. (c) Dark brown or black limb rubs which affect a total area of more than one-fourth inch in diameter, except that light brown limb rubs of a russet character shall be considered under the definition of injury by russeting. (d) Hail marks, drought spots, other similar depressions or scars: (1) When the skin is broken, whether healed or unhealed; (2) When there is appreciable discol oration of the surface; (3) When any surface indentation ex ceeds one-sixteenth inch in depth; (4) When any surface indentation ex ceeds one-eighth inch in diameter; or (5) When the aggregate affected area of such spots exceeds one-half inch in diameter. (e) Bruises which are not slight and incident to proper handling and pack ing, and which are greater than: (1) 1⁄8 inch in depth; (2) 5⁄8 inch in diameter; (3) any combination of lesser bruises which detract from the appearance or edible quality of the apple to an extent VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00355 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 346 7 CFR Ch. I (1–1–17 Edition) § 51.317 greater than any one bruise described in paragraphs (e)(1) or (2) of this sec tion. (f) Brown surface discoloration when caused by delayed sunburn, surface scald, or any other means and affects an area greater than 1⁄4 inch in diame ter. (g) Disease: (1) Cedar rust infection which affects a total area of more than three-sixteenths inch in diameter. (2) Sooty blotch or fly speck which is thinly scattered over more than 5 per cent of the surface, or dark, heavily concentrated spots which affect an area of more than one-fourth inch in diameter. (3) Red skin spots which are thinly scattered over more than one-tenth of the surface, or dark, heavily con centrated spots which affect an area of more than one-fourth inch in diameter. (h) Insects: (1) Any healed sting or healed stings which affect a total area of more than one-eighth inch in diame ter including any encircling discolored rings. (2) Worm holes. [67 FR 69663, Nov. 19, 2002; 67 FR 79516, Dec. 30, 2002] § 51.317 Damage. ‘‘Damage’’ means any specific defect defined in this section or an equally ob jectionable variation of any one of these defects, any other defect, or any combination of defects, which materi ally detract from the appearance, or the edible or shipping quality of the apple. In addition, specific defect meas urements are based on an apple three inches in diameter. Corresponding smaller or larger areas would be al lowed on smaller or larger fruit. Any reference to ‘‘inch’’ or ‘‘inches in diame ter’’ refers to that of a circle of the specified diameter. Any reference to ‘‘aggregate area,’’ ‘‘total area,’’ or ‘‘aggregate affected area’’ means the gathering together of separate areas into one mass for the purpose of com parison to determine the extent af fected. The following specific defects shall be considered as damage: (a) Russeting in the stem cavity or calyx basin which cannot be seen when the apple is placed stem end or calyx end down on a flat surface shall not be considered in determining whether an apple is damaged by russeting, except that excessively rough or bark-like russeting in the stem cavity or calyx basin shall be considered as damage when the appearance of the apple is materially affected. The following types and amounts of russeting outside of the stem cavity or calyx basin shall be considered as damage: (1) Russeting which is excessively rough on Roxbury Russet and other similar varieties. (2) Smooth net-like russeting, when an aggregate area of more than 15 per cent of the surface is covered, and the color of the russeting shows no very pronounced contrast with the back ground color of the apple, or lesser amounts of more conspicuous net-like russeting when the appearance is af fected to a greater extent than the amount permitted above. (3) Smooth solid russeting, when an aggregate area of more than 5 percent of the surface is covered, and the pat tern and color of the russeting shows no very pronounced contrast with the background color of the apple, or lesser amounts of more conspicuous solid russeting when the appearance is af fected to a greater extent than the above amount permitted. (4) Slightly rough russeting which covers an aggregate area of more than one-half inch in diameter. (5) Rough russeting which covers an aggregate area of more than one-fourth inch in diameter. (b) Sunburn or sprayburn which has caused blistering or cracking of the skin, or when the discolored area does not blend into the normal color of the fruit unless the injury can be classed as russeting. (c) Limb rubs which affect a total area of more than one-half inch in di ameter, except that light brown limb rubs of a russet character shall be con sidered under the definition of damage by russeting. (d) Hail marks, drought spots, other similar depressions, or scars: (1) When any unhealed mark is present; (2) When any surface indentation ex ceeds one-eighth inch in depth; (3) When the skin has not been bro ken and the aggregate affected area ex ceeds one-half inch in diameter; or VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00356 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 347 Agricultural Marketing Service, USDA § 51.318 (4) When the skin has been broken and well healed, and the aggregate af fected area exceeds one-fourth inch in diameter. (e) Stem or calyx cracks which are not well healed, or well healed stem or calyx cracks which exceed an aggre gate length of one-fourth inch. (f) Invisible water core existing around the core and extending to water core in the vascular bundles, or sur rounding the vascular bundles when the affected areas surrounding three or more vascular bundles meet or coa lesce, or existing in more than a slight degree outside the circular area formed by the vascular bundles. Provided, That invisible water core shall not be scored as damage against the Fuji variety of apples under any circumstances. (g) Bruises which are not slight and incident to proper handling and pack ing, and which are greater than: (1) 3⁄16 inch in depth; (2) 7⁄8 inch in diameter; (3) any combination of lesser bruises which detract from the appearance or edible quality of the apple to an extent greater than any one bruise described in paragraphs (g)(1) or (2) of this sec tion. (h) Brown surface discoloration when caused by delayed sunburn, surface scald, or any other means and affects an area greater than 1⁄2 inch in diame ter. (i) Disease: (1) Scab spots which af fect a total area of more than one fourth inch in diameter. (2) Cedar rust infection which affects a total area of more than one-fourth inch in diameter. (3) Sooty blotch or fly speck which is thinly scattered over more than one tenth of the surface, or dark, heavily concentrated spots which affect an area of more than one-half inch in di ameter. (4) Red skin spots which are thinly scattered over more than one-tenth of the surface, or dark, heavily con centrated spots which affect an area of more than one-half inch in diameter. (5) Bitter pit or Jonathan spot when one or more spots affects the surface of the apple. (j) Insects: (1) Any healed sting or healed stings which affect a total area of more than three-sixteenths inch in diameter including any encircling dis colored rings. (2) Worm holes. [67 FR 69663, Nov. 19, 2002; 67 FR 79517, Dec. 30, 2002] § 51.318 Serious damage. ‘‘Serious damage’’ means any specific defect defined in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects which se riously detract from the appearance, or the edible or shipping quality of the apple. In addition, specific defect meas urements are based on an apple three inches in diameter. Corresponding smaller or larger areas would be al lowed on smaller or larger fruit. Any reference to ‘‘inch’’ or ‘‘inches in di ameter’’ refers to that of a circle of the specified diameter. Any reference to ‘‘aggregate area,’’ ‘‘total area,’’ or ‘‘aggregate affected area’’ means the gathering together of separate areas into one mass for the purpose of com parison to determine the extent af fected. The following specific defects shall be considered as serious damage: (a) The following types and amounts of russeting shall be considered as seri ous damage: (1) Smooth solid russeting, when more than one-half of the surface in the aggregate is covered, including any russeting in the stem cavity or calyx basin, or slightly rough, or excessively rough or bark-like russeting, which de tracts from the appearance of the fruit to a greater extent than the amount of smooth solid russeting permitted: Pro vided, That any amount of russeting shall be permitted on Roxbury Russet and other similar varieties. (2) [Reserved] (b) Sunburn or sprayburn which seri ously detracts from the appearance of the fruit. (c) Limb rubs which affect more than one-tenth of the surface in the aggre gate. (d) Hail marks, drought spots, or scars, if they materially deform or dis figure the fruit, or if such defects affect more than one-tenth of the surface in the aggregate: Provided, That no hail marks which are unhealed shall be per mitted and not more than an aggregate area of one-half inch shall be allowed VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00357 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 348 7 CFR Ch. I (1–1–17 Edition) § 51.319 4 These standards may be applied to domes tic shipments of apples as well as export lots, and may be referred to as ‘‘U.S. Condition Standards.’’ 5 ‘‘Damage by water core’’ means exter nally invisible water core existing around the core and extending to water core in the vascular bundles, or surrounding the vas cular bundles when the affected areas sur rounding three or more vascular bundles meet or coalesce, or existing in more than slight degree outside the circular area formed by the vascular bundles, or any ex ternally visible water core. for well healed hail marks where the skin has been broken. (e) Stem or calyx cracks which are not well healed, or well healed stem or calyx cracks which exceed an aggre gate length of one-half inch. (f) Visible water core which affects an area of more than one-half inch in diameter. (g) Disease: (1) Scab spots which af fect a total area of more than three fourths inch in diameter. (2) Cedar rust infection which affects a total area of more than three-fourths inch in diameter. (3) Sooty blotch or fly speck which affects more than one-third of the sur face. (4) Red skin spots which affect more than one-third of the surface. (5) Bitter pit or Jonathan spot which is thinly scattered over more than one tenth of the surface. (h) Insects: (1) Healed stings which af fect a total area of more than one fourth inch in diameter including any encircling discolored rings. (2) Worm holes. (i) Bruises which are not slight and incident to proper handling and pack ing, and which are greater than: (1) 3⁄8 inch in depth; (2) 11⁄8 inches in diameter; (3) any combination of lesser bruises which detract from the appearance or edible quality of the apple to an extent greater than any one bruise described in paragraph (i)(1) or (2) of this section. (j) Brown surface discoloration when caused by delayed sunburn, surface scald, or any other means and affects an area greater than 3⁄4 inch in diame ter. § 51.319 Seriously deformed. ‘‘Seriously deformed’’ means that the apple is so badly misshapen that its ap pearance is seriously affected. § 51.320 Diameter. When measuring for minimum size, ‘‘diameter’’ means the greatest dimen sion of the apple measured at right an gles to a line from stem to blossom end. When measuring for maximum size, ‘‘diameter’’ means the smallest dimension of the apple determined by passing the apple through a round opening in any position. U.S. CONDITION STANDARDS FOR EXPORT § 51.321 U.S. Condition Standards for Export. 4 (a) Not more than 5 percent of the ap ples in any lot shall be further ad vanced in maturity than firm ripe. (b) Not more than 5 percent of the ap ples in any lot shall be damaged by storage scab. (c) Not more than a total of 5 percent of the apples in any lot shall be af fected by scald, internal breakdown, freezing injury, or decay; or damaged by bitter pit, Jonathan spot, water core 5 except that invisible water core shall not be scored as damage when these condition standards are applied to the Fuji variety of apples, or other condition factors: Provided, That: (1) Not more than a total of 2 percent shall be allowed for apples affected by decay and soft scald; (2) Not more than 2 percent shall be allowed for apples affected by internal breakdown; (d) Container packs shall comply with packing requirements specified in § 51.310 of the United States Standards for Grades of Apples. (e) Any lot of apples shall be consid ered as meeting the U.S. Condition Standards for Export if the entire lot averages within the requirements spec ified: Provided, That no package in any lot shall have more than double the percentages specified, except that for packages which contain 10 pounds or less, individual packages in any lot may have not more than three times the tolerance or three apples (which ever is the greater amount). VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00358 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 349 Agricultural Marketing Service, USDA § 51.346 METRIC CONVERSION TABLE § 51.322 Metric conversion table. Inches Millimeters (mm) 1⁄16 equals ...................................................... 1.6 1⁄8 equals ....................................................... 3.2 3⁄16 equals ...................................................... 4.8 1⁄4 equals ....................................................... 6.4 3⁄8 equals ....................................................... 9.5 1⁄2 equals ....................................................... 12.7 5⁄8 equals ....................................................... 15.9 3⁄4 equals ....................................................... 19.1 7⁄8 equals ....................................................... 22.2 11⁄8 equals ..................................................... 28.6 21⁄8 equals ..................................................... 54.0 21⁄4 equals ..................................................... 57.2 23⁄8 equals ..................................................... 60.3 21⁄2 equals ..................................................... 63.5 23⁄4 equals ..................................................... 69.9 Cubic Inches Cubic Centi-meters (cc) 2100 equals ................................................... 34,412.7 2900 equals ................................................... 47,522.3 Pounds Grams (g) 10 equals ....................................................... 4,536.0 37 equals ....................................................... 16,783.2 40 equals ....................................................... 18,144.0 Subpart—United States Standards for Grades of Apples for Proc essing SOURCE: 26 FR 3604, Apr. 27, 1961, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. GRADES § 51.340 U.S. No. 1. ‘‘U.S. No. 1’’ consists of apples of one variety, unless designated as mixed va rieties, which are not overripe, which are free from decay, worm holes, freez ing injury and internal breakdown and free from any other defect, or combina tion of defects, the removal of which in the usual commercial preparation for use will cause a loss of more than 5 per cent, by weight, of the apple. § 51.341 U.S. No. 2. ‘‘U.S. No. 2’’ consists of apples of one variety, unless designated as mixed va rieties, which are not overripe, which are free from decay, worm holes, freez ing injury and internal breakdown and free from any other defect, or combina tion of defects, the removal of which in the usual commercial preparation for use will cause a loss of more than 12 percent, by weight, of the apple. § 51.342 U.S. Cider. ‘‘U.S. Cider’’ consists of apples which are free from decay, worm holes and in ternal breakdown. CULLS § 51.343 Culls. ‘‘Culls’’ consist of apples which fail to meet the requirements of U.S. Cider Grade. SIZE § 51.344 Size. (a) The minimum and maximum sizes or range of sizes shall be determined as agreed upon by buyer and seller. (b) Unless otherwise specified, the minimum and maximum sizes or range of sizes shall be determined by the use of an approved sizing chain of the exact dimension specified in the agreement between buyer and seller. (c) Size is the dimension of the apples determined by the smallest opening through which it will pass. APPLICATION OF STANDARDS § 51.345 Application of standards. (a) When a lot of apples is required to meet a specific U.S. grade, the toler ances as set forth in § 51.346 shall apply. When packed in closed packages the application of tolerances in § 51.347 shall apply. The application of toler ances shall not apply to apples in open or bulk containers. (b) In the application of these stand ards to determine the percentage of the lot which meets the requirements of each of the grades, tolerances shall not apply. TOLERANCES § 51.346 Tolerances. When a lot of apples is required to meet one of the U.S. grades, the apples shall not be further advanced in matu rity than generally firm ripe, and the following tolerances, by weight, shall apply: VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00359 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 350 7 CFR Ch. I (1–1–17 Edition) § 51.347 1 Packing in the product in conformity with the requirements of these standards shall not excuse failure to comply with the provisions of the Federal Food, Drug, and Cosmetic Act or with applicable State laws and regulations. 2 Shipping point, as used in these stand ards, means the point of origin of the ship ment in the producing area or at port of loading for ship stores or overseas shipment, or, in the case of shipments from outside the continental United States, the port of entry into the United States. (a) For defects. 10 percent for apples which fail to meet the requirements of the grade: Provided, That included in this amount not more than the fol lowing percentages shall be allowed for the defects listed: (1) 2 percent for apples which are af fected by decay; (2) 2 percent for apples which are af fected by internal breakdown; and, (3) 5 percent for apples which are af fected by worm holes. (b) For off-size. 5 percent for apples which are smaller than any specified minimum size, and 10 percent for ap ples larger than any specified max imum size. APPLICATION OF TOLERANCES § 51.347 Application of tolerances. Apples in closed packages are subject to the following limitations provided the averages for the entire lot are within the tolerances specified for the grade: (a) For a tolerance of 10 percent, indi vidual packages shall have not more than one and one-half times the toler ance specified. For a tolerance of less than 10 percent, individual packages shall have not more than double the tolerances specified. DEFINITIONS § 51.348 One variety. One variety within the meaning of these standards shall include all bud sports and strains of the specified vari ety. § 51.349 Overripe. Overripe means apples which are dead ripe, and with flesh very mealy or soft. Subpart—United States Standards for Grades of Cantaloups 1 SOURCE: 26 FR 2217, Mar. 16, 1961, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. GRADES § 51.475 U.S. Fancy. ‘‘U.S. Fancy’’ consists of cantaloups which meet the requirements of U.S. No. 1 grade except that the cantaloups have very good internal quality and have uniform appearance. (a) Tolerances. In order to allow for variations incident to proper grading and handling the following tolerances, by count, shall be permitted, except that these tolerances shall not apply to the requirements relating to internal quality and uniformity of appearance: (1) At shipping point.2 8 percent for cantaloups in any lot which fail to meet the requirements of this grade: Provided, That included in this amount not more than 4 percent shall be al lowed for defects causing serious dam age, including in this latter amount not more than one-half of 1 percent for cantaloups which are affected by decay or mold. (2) En route or at destination. 12 per cent for cantaloups in any lot which fail to meet the requirements of this grade: Provided, That included in this amount not more than the following percentages shall be allowed for defects listed: (i) 8 percent for cantaloups which fail to meet the requirements of this grade because of permanent defects; or, (ii) 6 percent for cantaloups which are seriously damaged, including there in not more than 4 percent for canta loups which are seriously damaged by permanent defects and not more than 2 percent for cantaloups which are af fected by decay. (See § 51.480.) § 51.476 U.S. No. 1. ‘‘U.S. No. 1’’ consists of cantaloups of one type which are mature and have good internal quality but are not over ripe or soft or wilted, which are well formed, well netted, and free from decay, wet slip and sunscald, and free from damage caused by liquid in the seed cavity, sunburn, hail, dirt, surface VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00360 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 351 Agricultural Marketing Service, USDA § 51.478 2 See footnote 2 to § 51.475. mold or other disease, aphis or other insects, scars, cracks, sunken areas, ground spot, bruises, or mechanical or other means. (a) Tolerances. In order to allow for variations incident to proper grading and handling the following tolerances, by count, shall be permitted, except that these tolerances shall not apply to the requirement relating to internal quality. (1) At shipping point.2 8 percent for cantaloups in any lot which fail to meet the requirements of this grade: Provided, That included in this amount not more than 4 percent shall be al lowed for defects causing serious dam age, including in this latter amount not more than one-half of 1 percent for cantaloups which are affected by decay or mold. (2) En route or at destination. 12 per cent for cantaloups in any lot which fail to meet the requirements of this grade: Provided, That included in this amount not more than the following percentages shall be allowed for defects listed: (i) 8 percent for cantaloups which fail to meet the requirements of this grade because of permanent defects; or, (ii) 6 percent for cantaloups which are seriously damaged, including there in not more than 4 percent for canta loups which are seriously damaged by permanent defects and not more than 2 percent for cantaloups which are af fected by decay. (See § 51.480.) § 51.477 U.S. Commercial. ‘‘U.S. Commercial’’ consists of canta loups of one type which are mature but not overripe or soft or wilted, which are well formed and fairly well netted, and free from decay, wet slip and sunscald, and free from damage caused by liquid in the seed cavity, sunburn, hail, dirt, surface mold or other dis ease, aphis or other insects, scars, cracks, sunken areas, ground spot, bruises, or mechanical or other means. (a) Tolerances. In order to allow for variations incident to proper grading and handling the following tolerances, by count, shall be permitted: (1) At shipping point. 16 percent for cantaloups in any lot which fail to meet the requirements of this grade: Provided, That included in this amount not more than the following percent ages shall be allowed for defects listed: (i) 12 percent for cantaloups which fail to meet the requirements of this grade because of condition defects; (ii) 4 percent for cantaloups which are seriously damaged, including there in not more than one-half of 1 percent for cantaloups affected by decay or mold. (2) En route or at destination. 24 per cent for cantaloups in any lot which fail to meet the requirements of this grade: Provided, That included in this amount not more than the following percentages shall be allowed for defects listed: (i) 16 percent for cantaloups which fail to meet the requirements of this grade because of permanent defects; (ii) 12 percent for cantaloups which fail to meet the requirements of this grade because of condition defects; or, (iii) 8 percent for cantaloups which are seriously damaged, including there in not more than 4 percent for canta loups which are seriously damaged by permanent defects and not more than 2 percent for cantaloups which are af fected by decay. (See § 51.480.) [26 FR 2217, Mar. 16, 1961; 27 FR 2307, Mar. 10, 1962, as amended at 33 FR 7619, May 23, 1968. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981] § 51.478 U.S. No. 2. ‘‘U.S. No. 2’’ consists of cantaloups of one type which are mature but not overripe or soft or wilted, which are fairly well formed and fairly well net ted, which are free from decay, wet slip and sunscald, and free from serious damage caused by liquid in the seed cavity, sunburn, hail, dirt, surface mold or other disease, aphis or other insects, scars, cracks, sunken areas, bruises, or mechanical or other means. (a) Tolerances. In order to allow for variations incident to proper grading and handling the following tolerances, by count, shall be permitted: (1) At shipping point. 8 percent for cantaloups in any lot which fail to meet the requirements of this grade in cluding therein not more than one-half VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00361 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 352 7 CFR Ch. I (1–1–17 Edition) § 51.479 of 1 percent for cantaloups which are affected by decay or mold. (2) En route or at destination. 12 per cent for cantaloups in any lot which fail to meet the requirements of this grade: Provided, That included in this amount not more than the following percentages shall be allowed for the de fects listed: (i) 8 percent for cantaloups which fail to meet the requirements of this grade because of defects of a permanent na ture; or, (ii) 2 percent for cantaloups which are affected by decay. (See § 51.480.) UNCLASSIFIED § 51.479 Unclassified. ‘‘Unclassified’’ consists of cantaloups which have not been classified in ac cordance with any of the foregoing grades. The term ‘‘unclassified’’ is not a grade within the meaning of these standards but is provided as a designa tion to show that no grade has been ap plied to the lot. APPLICATION OF TOLERANCES § 51.480 Application of tolerances. The contents of individual packages are subject to the following limitation: Provided, That the averages for the en tire lot are within the tolerances speci fied for the grade: (a) A package may contain not more than double any specified tolerance ex cept that at least two defective speci mens may be permitted in any pack age. DEFINITIONS § 51.481 Very good internal quality. Very good internal quality means that the combined juice from the edible por tion of a sample of cantaloups selected at random contains not less than 11 percent soluble solids as determined by an approved hand refractometer. § 51.482 Uniform in appearance. Uniform in appearance means that not more than one-tenth of the packages in any lot contain cantaloups which show sufficient variation in shape, size, ground color or netting to materially detract from the appearance of the con tents of the individual packages, or which are not packed according to the approved and recognized methods for the package. § 51.483 One type. One type means that the cantaloups in any container are similar in color of flesh and are not decidely different in shape, character of netting and promi nence of ribbing. § 51.484 Mature. Mature means that the cantaloup has reached the stage of maturity which will insure the proper completion of the normal ripening process. § 51.485 Good internal quality. Good internal quality means that the combined juice from the edible portion of a sample of cantaloups selected at random contains not less than 9 per cent soluble solids as determined by an approved hand refractometer. § 51.486 Soft. Soft means that the cantaloup yields readily to slight pressure. § 51.487 Wilted. Wilted means that the cantaloup lacks turgidity and is somewhat flab by, spongy and pliable under moderate pressure. § 51.488 Well formed. Well formed means that the cantaloup has the normal shape characteristic of the variety. § 51.489 Well netted. Well netted means that to an extent characteristic of the variety the canta loup is well covered with fully devel oped, well raised netting, some portion of which is well rounded with prac tically no crease. § 51.490 Decay. Decay means breakdown, disintegra tion or fermentation of the flesh or rind of the cantaloup caused by bac teria or fungi; except that dry type de cays will only be scored when pene trating the rind and extending into the edible flesh of the melon. [63 FR 20522, Apr. 27, 1998] VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00362 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 353 Agricultural Marketing Service, USDA § 51.494 § 51.491 Wet slip. Wet slip means a condition present at time of packing in which the stem scar is abnormally large, excessively wet and slippery, yields to slight pressure, and is frequently accompanied by fresh radial growth cracks at the edge of the stem scar. § 51.492 Sunscald. Sunscald means discolored or bleached, sunken areas of the surface having tough epidermis with under lying flesh leathery and usually off color. § 51.493 Damage. Damage means any specific defect de scribed in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materi ally detracts from the appearance, or the edible or shipping quality of the cantaloup. The following specific de fects shall be considered as damage: (a) Liquid in the seed cavity under the following circumstances: (1) At shipping point when more than a slight amount of liquid is present in the seed cavity; or, (2) En route or at destination when an objectionably large amount of liq uid is present in the seed cavity, or when the flesh of the cavity wall is mushy or noticeably discolored; (b) Sunburn when the color of the flesh is materially changed; when the rind is hard, tough, thin, or definitely flattened; when distinct flattening of the netting or dark yellow surface dis coloration affects an aggregate area exceeding 20 percent of the surface of the cantaloup; or when brown, gray, purple or dark green surface discolora tion detracts from the appearance of the cantaloup to a greater extent than the area of dark yellow discoloration permitted; (c) Hail when the injury is unhealed or deep; (d) Surface mold under the following circumstances: (1) At shipping point when any sur face mold is visible; or, (2) En route or at destination when the color, character, or location of the mold materially detracts from the ap pearance or marketing quality of the cantaloup; (e) Aphis when aphis honeydew is more than slightly sticky, or when re sulting discoloration more than slight ly detracts from the appearance of the cantaloup; (f) Scars when healed, shallow, smooth and light colored and the ag gregate area affected exceeds 5 percent of the surface of the cantaloup; or when deep, rough or dark colored and detracting from the appearance to a greater extent than the area of healed, shallow, smooth and light colored scars permitted. Smooth scarring at the blossom end and coalesced netting should not be considered in deter mining damage caused by scarring un less materially detracting from the ap pearance of the cantaloup; (g) Cracks when deep or not dry. Slight, dry cracks at the ends or in the sutures of the cantaloup shall not be considered damage; (h) Ground spot when the rind of the affected area is thin or weak, or when the size or color of the affected area or the character of netting on the area in relation to the remainder of the sur face of the cantaloup materially de tracts from the appearance of the can taloup; (i) Bruises when the surface of the cantaloup is definitely flattened or in dented, or when the underlying flesh is noticeably discolored; and, (j) Mechanical means when cuts or gouges are deep or when any skin break is unhealed. § 51.494 Serious damage. Serious damage means any specific de fect described in 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 shipping quality of the cantaloup. The following specific de fects shall be considered as serious damage: (a) Liquid in the seed cavity under the following circumstances: (1) At shipping point when a large amount of liquid is present in the seed cavity or the flesh of the cavity wall is noticeably soft or discolored or when any fermentation is present; or, VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00363 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 354 7 CFR Ch. I (1–1–17 Edition) § 51.494a (2) En route or at destination when there is any fermentation of the liquid in the seed cavity, or when the flesh of the cavity wall shows fermentation or is badly discolored; (b) Sunburn when the flesh is seri ously discolored, when causing crack ing of the rind, or when causing flat tening of the rind which seriously de tracts from the appearance of the can taloup; (c) Hail when the injury is unhealed; (d) Surface mold under the following circumstances: (1) At shipping point when any sur face mold is visible; or, (2) En route or at destination when the color, character, or location of the mold seriously detracts from the ap pearance or marketing quality of the cantaloup; (e) Cracks when fresh and deep; (f) Bruises when the surface of the cantaloup is seriously flattened or in dented or when a material portion of the underlying flesh is broken down; and, (g) Mechanical means when fresh cuts or gouges extend into the edible portion of the cantaloup. § 51.494a Permanent defects. Permanent defects means defects which are not subject to change during shipping or storage; including, but not limited to factors of shape, netting, scarring, sunscald, sunburn and injury caused by hail or insects, and mechan ical injury which is so located as to in dicate that it occurred prior to ship ment. [26 FR 2217, Mar. 16, 1961. Redesignated at 27 FR 2307, Mar. 10, 1962, 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981] § 51.494b Fairly well netted. Fairly well netted means that to an extent characteristic of the variety the cantaloup is fairly well covered with fairly good netting. [26 FR 2217, Mar. 16, 1961. Redesignated at 27 FR 2307, Mar. 10, 1962, 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981] § 51.494c Condition defects. Condition defects means defects which may develop or change during ship ment or storage; including, but not limited to decayed or soft cantaloups and such factors as liquid in the seed cavity, surface mold, sunken areas, fresh cracks, and bruising which is so located as to indicate that it occurred after packing. [26 FR 2217, Mar. 16, 1961. Redesignated at 27 FR 2307, Mar. 10, 1962, 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981] Subpart—United States Standards for Celery SOURCE: 24 FR 2640, Apr. 7, 1959, unless oth erwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. GRADES § 51.560 U.S. Extra No. 1. ‘‘U.S. Extra No. 1’’ consists of stalks of celery of similar varietal character istics which are well developed, well formed, clean, well trimmed, compact, and which are free from blackheart, brown stem, soft rot, doubles and free from damage caused by freezing, growth cracks, horizontal cracks, pithy branches, seedstems, suckers, wilting, blight, other disease, insects or me chanical or other means. Stalks shall be green unless specified as fairly well blanched, or mixed blanch. (a) The average midrib length of the outer whorl of branches shall be not less than 7 inches. (b) Unless otherwise specified in con nection with the grade, stalks shall be of such length as to extend from one side, end or bottom of the container to within 11⁄2 inches of the corresponding opposite side, end or top of the con tainer. Such measurement shall not in clude the bulge. In any container when stalk length is specified, it shall be the minimum length in terms of whole inches of even number, as 12 inches, 14 inches, etc., in accordance with the facts. (c) In order to allow for variations in cident to proper grading and handling, the following tolerances shall be per mitted: (1) For defects. 10 percent, by count, in any lot for stalks which fail to meet VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00364 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 355 Agricultural Marketing Service, USDA § 51.563 the requirements of the grade, includ ing therein not more than 2 percent for soft rot; (2) For off-length stalks. 5 percent, by count, in any lot for stalks which fail to meet the minimum length required or specified; and, (3) For off-length midribs. 5 percent, by count, in any lot for stalks which fail to meet the requirements as to average midrib length. § 51.561 U.S. No. 1. ‘‘U.S. No. 1’’ consists of stalks of cel ery of similar varietal characteristics which are fairly well developed, fairly well formed, well trimmed, fairly com pact, and which are free from black heart and soft rot and free from dam age caused by freezing, growth cracks, horizontal cracks, pithy branches, seedstems, suckers, dirt, doubles, wilt ing, blight, other disease, insects or mechanical or other means. Stalks shall be green unless specified as fairly well blanched, or mixed blanch. (a) Unless otherwise specified, the av erage midrib length of the outer whorl of branches shall be not less than 6 inches. (b) Unless otherwise specified in con nection with the grade, stalks shall be of such length as to extend from one side, end or bottom of the container to within 11⁄2 inches of the corresponding opposite side, end or top of the con tainer. Such measurement shall not in clude the bulge. In any container when stalk length is specified, it shall be the minimum length in terms of whole inches of even number, as 12 inches, 14 inches, etc., in accordance with the facts. (c) In order to allow for variations in cident to proper grading and handling, the following tolerances shall be per mitted: (1) For defects. 10 percent, by count, in any lot for stalks which fail to meet the requirements of the grade, includ ing therein not more than 2 percent for soft rot; (2) For off-length stalks. 5 percent, by count, in any lot for stalks which fail to meet the minimum length required or specified; and, (3) For off-length midribs. 5 percent, by count, in any lot for stalks which fail to meet the requirements as to average midrib length. § 51.562 U.S. No. 2. ‘‘U.S. No. 2’’ consists of stalks of cel ery of similar varietal characteristics which are reasonably well developed, reasonably well formed, fairly well trimmed and are free from blackheart and soft rot and free from serious dam age caused by freezing, growth cracks, horizontal cracks, pithy branches, seedstems, dirt, doubles, wilting, blight, other disease, insects or me chanical or other means. Stalks shall be green unless specified as fairly well blanched, or mixed blanch. (a) Unless otherwise specified, the av erage midrib length of the outer whorl of branches shall be not less than 4 inches. (b) Unless otherwise specified in con nection with the grade, stalks shall be of such length as to extend from one side, end or bottom of the container to within 11⁄2 inches of the corresponding opposite side, end or top of the con tainer. Such measurement shall not in clude the bulge. In any container when stalk length is specified, it shall be the minimum length in terms of whole inches of even number, as 12 inches, 14 inches, etc., in accordance with the facts. (c) In order to allow for variations in cident to proper grading and handling, the following tolerances shall be per mitted: (1) For defects. 10 percent, by count, in any lot for stalks which fail to meet the requirements of the grade, includ ing therein not more than 2 percent for soft rot; (2) For off-length stalks. 5 percent, by count, in any lot for stalks which fail to meet the minimum length required or specified; and, (3) For off-length midribs. 5 percent, by count, in any lot for stalks which fail to meet the requirements as to average midrib length. UNCLASSIFIED § 51.563 Unclassified. ‘‘Unclassified’’ consists of stalks of celery which have not been classified in accordance with any of the foregoing grades. The term ‘‘unclassified’’ is not VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00365 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 356 7 CFR Ch. I (1–1–17 Edition) § 51.564 a grade within the meaning of these standards but is provided as a designa tion to show that no grade has been ap plied to the lot. COUNT § 51.564 Requirements as to count. (a) The number of stalks of celery in the container may be specified by nu merical count or in terms of dozens or half-dozens. Variations from the num ber specified shall be permitted as fol lows: Provided, That the average for the lot is not less than the number speci fied: Specified number per package Variations per mitted in individual packages 24 stalks or less ....................................... 1 stalk variation. 25 to 50 stalks, inclusive ......................... 3 stalk variation. 51 to 70 stalks, inclusive ......................... 4 stalk variation. More than 70 stalks ................................. 5 stalk variation. APPLICATION OF TOLERANCES § 51.565 Application of tolerances. (a) The contents of individual pack ages in the lot, based on sample inspec tion, are subject to the following limi tations: Provided, That the averages for the entire lot are within the tolerances specified: (1) For packages which contain 20 specimens or more and a tolerance of 10 percent or more is provided, individual packages in any lot may contain not more than one and one-half times the tolerance specified. For packages which contain 20 specimens or more and a tolerance of less than 10 percent is provided, individual packages may contain not more than double the tol erance specified except that at least one defective and one off-size specimen may be permitted in any package; and, (2) For packages which contain less than 20 specimens, individual packages in any lot may contain not more than double the tolerance specified, except that at least one defective and one off size specimen may be permitted in any package: Provided, That for packages which contain 6 specimens or less, indi vidual packages in any lot are not re stricted as to the percentage of defects: And provided further, That not more than one specimen which is affected by decay or otherwise seriously damaged and one off-size specimen may be per mitted in any package. DEFINITIONS § 51.566 Stalk. Stalk means an individual plant. § 51.567 Similar varietal characteris tics. Similar varietal characteristics means that the stalks in any package have the same general appearance and char acter of growth. § 51.568 Well developed. Well developed means that the branches are of good width and thick ness in relation to the length of mid ribs and type of celery and that the heart branches are of reasonable num ber, length and stockiness. § 51.569 Well formed. Well formed means that the branches are fairly straight and not more than slightly curved or twisted. § 51.570 Clean. Clean means that the stalk is prac tically free from dirt or other foreign material. Stalks shall be permitted to have a small amount of dirt on the in side of the branches or in the heart branches which cannot be removed by good commercial methods of washing. § 51.571 Well trimmed. Well trimmed means that not more than 2 relatively thin, short or spindly, or coarse and fibrous outer branches remain; that the main root has been cut off so as not to extend more than 11⁄2 inches below the point of attach ment of the lowest outer branch; that secondary rootlets are not of such number or length as to materially af fect the appearance of the stalk; and, that the appearance is not materially affected by the presence of discolored leaves or by excessive removal of leaves or portions of leaves. § 51.572 Compact. Compact means that the branches on the stalk are fairly close together throughout most of their length. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00366 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 357 Agricultural Marketing Service, USDA § 51.579 § 51.573 Damage. Damage, unless otherwise specifically defined in this section, means any de fect which materially affects the ap pearance, or the edible or shipping quality of the celery stalk or the gen eral appearance of the stalks in the container. Any one of the following de fects, or any combination of defects the seriousness of which exceeds the max imum allowed for any one defect, shall be considered as damage: (a) Growth cracks when more than 2 branches are affected by growth cracks which are over one-half inch in length, or when more than 6 branches have growth cracks; (b) Horizontal cracks when more than 3 branches have horizontal cracks which are over one-half inch in length, or when more than 6 branches have horizontal cracks; (c) Pithy branches when more than 2 are pithy in that portion of the midrib between a point 11⁄2 inches above the point of attachment to the base and the first node, or between a point 11⁄2 inches below the first node and the point of attachment to the base, or when pith occurs at both ends of the midrib and more than a total of 11⁄2 inches is affected: Provided, That stalks having 6 outer branches or less shall have not more than one-third of the outer branches affected by pith as de scribed above; (d) Seedstems when the length of seedstem exceeds twice the diameter of the stalk or 8 inches in length (see §§ 51.587 and 51.588); (e) Dirt when there is caked dirt on the stalk, or when dirt is present be tween the branches to the extent that the appearance is materially affected; (f) Doubles when not separated and the appearance is materially affected, or when separated and either of the stalks is badly curved; (g) Disease: (1) Brown stem, cracked stem and crater blotch when materi ally affecting more than 2 branches, or when the aggregate area exceeds two thirds of a square inch on the branches; and, (2) Discoloration when each of more than 2 branches or 1⁄4 of the branches of the stalk, whichever is less, has more than 3 distinct hair-like lines more than 3 inches long occurring on the outer side of the branch or an aggre gate area of more than 1⁄4 by 1 inch of blotch or solid type discoloration oc curring on the inner side; (h) Insects when worms are present, or when insect injury occurs on heart branches, or when insect injury affects the midrib portion of more than 2 branches, or when injury or other por tions materially affects the appearance of the stalk; and, (i) Mechanical injury when the root has been cut off too closely leaving the branches without support; when more than 2 branches are materially scuffed or bruised; when the branches have been broken above the first node to an extent which materially affects the ap pearance; or when more than 2 branches are broken below the first node except that all branches may be cut below the first node provided the stalk is of the length specified. § 51.574 Green. Green means that the middle portions of the outer branches on the stalk are generally green to light green color. § 51.575 Fairly well blanched. Fairly well blanched means that the midrib portions of the outer branches on the stalk are generally of a creamy white to pale green color. § 51.576 Mixed blanch. Mixed blanch consists of green and fairly well blanched stalks of celery in the same container. § 51.577 Average midrib length. Average midrib length means the aver age length of all the branches in the outer whorl measured from the point of attachment at the base to the first node. § 51.578 Branch. Branch means the leaf of a stalk and consists of the edible stem-like portion and the tops or leaf blades. § 51.579 Length of stalk. Length of stalk means the distance from where the root is cut off to a point which represents the average length of the longest branches. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00367 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 358 7 CFR Ch. I (1–1–17 Edition) § 51.580 § 51.580 Fairly well developed. Fairly well developed means that the branches are of fairly good width and thickness in relation to the length of midribs and type of celery and that there is not excessive open space in the center of the stalk. § 51.581 Fairly well formed. Fairly well formed means that the branches are reasonably straight and not more than moderately curved or twisted. § 51.582 Fairly compact. Fairly compact means that the branches on the stalk are reasonably close together throughout most of their length. § 51.583 Reasonably well developed. Reasonably well developed means that the branches are of reasonable width and thickness in relation to the length of midribs and type of celery. § 51.584 Reasonably well formed. Reasonably well formed means that the branches are not crooked, curved or twisted to the extent that the ap pearance of the stalk is seriously af fected. § 51.585 Fairly well trimmed. Fairly well trimmed means that the main root has been cut off so that it does not extend more than 3 inches below the point of attachment of the lowest outer branch, and that sec ondary rootlets are not of such number or length as to seriously affect the ap pearance of the stalk. § 51.586 Serious damage. Serious damage, unless otherwise spe cifically defined in this section, means any defect which seriously affects the appearance, or the edible or shipping quality of the celery stalk or the gen eral appearance of the stalks in the container. Any one of the following de fects, or any combination of defects the seriousness of which exceeds the max imum allowed for any one defect, shall be considered as serious damage: (a) Growth cracks when more than 4 branches are affected by growth cracks which are over one-half inch in length, or when more than 8 branches have growth cracks; (b) Horizontal cracks when more than 5 branches have horizontal cracks which are over one-half inch in length, or when more than 8 branches have horizontal cracks; (c) Pithy branches when more than 4 are pithy in that portion of the midrib between a point 11⁄2 inches above the point of attachment to the base and the first node, or between a point 11⁄2 inches below the first node and the point of attachment to the base, or when pith occurs at both ends of the midrib and more than a total of 11⁄2 inches is affected: Provided, That stalks having 6 outer branches or less shall have not more than one-half of the outer branches affected by pith as de scribed above; (d) Seedstems when the length of seedstem exceeds 3 times the diameter of the stalk (see §§ 51.587 and 51.588); (e) Dirt when dirt is badly caked on the stalk; (f) Doubles when the inner branches are not fairly well protected; (g) Disease: (1) Brown stem, cracked stem and crater blotch when seriously affecting more than 4 branches, or when the aggregate area exceeds 1 square inch on the branches; and, (2) Discoloration when each of more than 5 branches or 1⁄2 of the branches of the stalk, whichever is less, has more than 3 distinct hair-like lines more than 3 inches long occurring on the outer side of the branch or an aggre gate area of more than 1⁄4 by 1 inch of blotch or solid type discoloration oc curring on the inner side; (h) Insects when worms are present, or when insect injury affects the mid rib portion of more than 4 branches, or when injury on other portions seri ously affects the appearance of the stalk; and, (i) Mechanical injury when the root has been cut off too closely leaving the branches without support; when more than 4 branches are materially scuffed or bruised; when the branches have been broken above the first node to an extent which seriously affects the ap pearance; or when more than 4 branches are broken below the first node except all branches may be cut VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00368 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 359 Agricultural Marketing Service, USDA § 51.598 below the first node provided the stalk is of the length specified. § 51.587 Diameter. Diameter means the greatest dimen sion of the stalk measured at a point 2 inches above the point of attachment of the lowest outer branch to the base. § 51.588 Length of seedstem. Length of seedstem means the distance from the base of the outer branches of the stalk to the top of the actual seedstem, exclusive of any leaves or leafstems attached to the top of the seedstem. Subpart—United States Consumer Standards for Celery Stalks SOURCE: 18 FR 7089, Nov. 11, 1953, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. GENERAL § 51.595 General. These standards do not apply to cel ery hearts. GRADES § 51.596 U.S. Grade AA. U.S. Grade AA shall consist of stalks of celery of similar varietal character istics, which are well developed, and have good heart formation; which are clean, well trimmed, fairly compact, and are free from blackheart, brown stem, decay (except dry type crater rot), doubles, and from damage caused by crater rot, wilting, cutworms, freez ing, suckers, growth cracks, hollow crown, pithy branches, seedstems, rust, cracked stem, other diseases, insects or mechanical or other means. (a) The average midrib length of the outer whorl of branches on stalks in this grade shall be not less than 7 inches. (See §§ 51.599 and 51.600.) (b) Incident to proper grading and handling other than for average midrib length of branches not more than 5 per cent, by count, of the stalks in any lot may fail to meet the requirements of the grade including not more than 1 percent for stalks affected by moist type decay. In addition, not more than 3 percent, by count, of the stalks in any lot may fail to meet the require ments as to average midrib length of the stalks. § 51.597 U.S. Grade A. U.S. Grade A shall consist of stalks of celery of similar varietal character istics which are fairly well developed and have fairly good heart formation; which are clean, well trimmed, and not badly spread, and which are free from blackheart, decay (except dry type cra ter rot), doubles, and from damage caused by crater rot, brown stem, wilt ing, cutworms, freezing, suckers, growth cracks, hollow crown, pithy branches, seedstems, rust, cracked stem, other diseases, insects, or me chanical or other means. (a) The average midrib length of the outer whorl of branches on stalks in this grade shall be not less than 5 inches. (See §§ 51.599 and 51.600.) (b) Incident to proper grading and handling other than for average midrib length of branches, not more than 5 percent, by count, of the stalks in any lot may fail to meet the requirements of the grade including not more than 1 percent for stalks affected by moist type decay. In addition, not more than 3 percent, by count, of the stalks in any lot may fail to meet the require ments as to average midrib length of the stalks. § 51.598 U.S. Grade B. U.S. Grade B shall consist of stalks of celery of similar varietal character istics which are fairly well developed, which are clean, well trimmed and free from blackheart, decay (except dry type crater rot), doubles, and from seri ous damage caused by crater rot, brown stem, wilting, cutworms, freez ing, suckers, growth cracks, hollow crown, pithy branches, seedstems, rust, cracked stem, other diseases, insects, or mechanical or other means. (a) The average midrib length of the outer whorl of branches on stalks in this grade shall be not less than 4 inches. (See §§ 51.599 and 51.600.) (b) Incident to proper grading and handling other than for average midrib length of branches, not more than 5 percent, by count, of the stalks in any lot may fail to meet the requirements VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00369 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 360 7 CFR Ch. I (1–1–17 Edition) § 51.599 of this grade including not more than 1 percent for stalks affected by moist type decay. In addition not more than 3 percent, by count, of the stalks in any lot may fail to meet the require ments as to average midrib length of the stalks. BLANCHING; LENGTH OF STALKS § 51.599 Blanching. There are no requirements in the grades as to blanching. However, celery stalks may be classed as ‘‘green’’ when they have a medium to dark green ap pearance, fairly ‘‘well blanched’’ when the midrib portions of the branches on the stalks are generally of a light greenish to creamy white color, or ‘‘well blanched’’ when the midrib por tions of the branches on the stalks are generally of a creamy white color. Not more than 5 percent of the stalks in any lot may fail to meet the require ments of any of the above classes. § 51.600 Length of stalks. There are no requirements in the grades as to stalk length. However, when the stalk length is specified it shall be determined by measuring the distance from where the main root is cut off, to a point which represents the average length of the longest branches and leaves expressed in terms of the nearest whole inch. Incident to proper sizing, not more than 5 percent, by count, of the stalks in any lot may fail to meet any specified stalk length. OFF-GRADE § 51.601 Off-Grade celery. Celery stalks which fail to meet the requirements of any of the foregoing grades shall be Off-Grade celery stalks. DEFINITIONS § 51.602 Stalk. Stalk means an individual plant. § 51.603 Similar varietal characteris tics. Similar varietal characteristics means that the stalks in any container have the same character of growth. For ex ample, celery of Giant Pascal and Gold en Self Blanching types must not be mixed. § 51.604 Well developed. Well developed means that the outer branches are of good width in relation to the length of midribs and type of celery. § 51.605 Good heart formation. Good heart formation means that the stalk has a reasonable number of stocky inner heart branches for its size. § 51.606 Clean. Clean means that the stalk is prac tically free from dirt or other foreign materials. Stalks shall be permitted to have a small amount of dirt on the in side of the branches or in the heart branches which cannot be removed by good commercial methods of washing. § 51.607 Well trimmed. Well trimmed means that the outside coarse and damaged branches have been removed and that the root or roots have been neatly trimmed to a reasonable length for the size of the stalk. § 51.608 Fairly compact. Fairly compact means that the branches are fairly close together on the stalk. § 51.609 Damage. Damage means any injury or defect which materially affects the appear ance, or edible or shipping quality. Any one of the following defects, or any combination of defects, the seriousness of which exceeds the maximum allowed for any one defect shall be considered as damage: (a) Crater rot, when moist, or when occurring on more than 2 branches, or when aggregating more than two thirds of a square inch on the branch or branches. (b) Cutworms, when the worms are present, or when worm injury occurs on the heart branches, or when occur ring on the midrib portion of more than two branches, or when aggre gating more than one-half of a square inch on the midrib portion of the branch or branches. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00370 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 361 Agricultural Marketing Service, USDA § 51.613 (c) Growth cracks, when the stalk has more than one branch affected by growth cracks any of which are more than one-half inch long. (d) Pithy branches, when the midribs of more than one branch are pithy. Pithy branches means those which have a distinctly open texture with air spaces in the central portion. (e) Seedstems, when the stalk has a seedstem the length of which is more than one and one-half times the great est diameter of the stalk. The greatest diameter of the stalk shall be meas ured at a point two inches above the point of attachment of the outer branches to the root. The length of the seedstem shall be measured from the point of attachment of the outer branches at the base of the seedstem to the top of the actual seedstem, exclu sive of any leaves or leaf stems at tached to the top of the seedstem. (f) Rust, when there are more than five hair-like lines of any length on one or more heart branches, or when there is more than one square inch in the ag gregate on branches other than heart branches. (g) Cracked stem, when there is more than one-half of a square inch in the aggregate on any or all branches. § 51.610 Midrib length. Midrib length of a branch means the distance between the point of attach ment to the root and the first node. § 51.611 Fairly well developed. Fairly well developed means that the outer branches are not spindly or ab normally short and thin. § 51.612 Fairly good heart formation. Fairly good heart formation means that the stalk has a moderate number of fairly stocky inner heart branches for its size. § 51.613 Serious damage. Serious damage means any injury or defect which seriously affects the ap pearance, or edible or shipping quality. Any one of the following defects, or any combination of defects, the seri ousness of which exceeds the maximum allowed for any one defect, shall be considered as serious damage: (a) Crater rot, when moist, or when occurring on more than three branches, or when aggregating more than one square inch on the branch or branches. (b) Cutworms, when the worms are present, or when worm injury occurs on the heart branches, or when occur ring on the midrib portion of more than three branches, or when aggre gating more than one square inch on the midrib portion of the branch or branches. (c) Growth cracks, when the stalk has more than two branches affected by growth cracks any of which are more than one-half inch long. (d) Pithy branches, when the midribs of more than two branches are pithy. Pithy branches means those which have a distinctly open texture with air spaces in the central portion. (e) Seedstems, when the stalk has a seedstem the length of which is more than three times the greatest diameter of the stalk. The greatest diameter of the stalk shall be measured at a point two inches above the point of attach ment of the outer branches to the root. The length of the seedstem shall be measured from the point of attachment of the outer branches at the base of the seedstem to the top of the actual seedstem, exclusive of any leaves or leafstems attached to the top of the seedstem. (f) Rust, when there are more than fifteen hair-like lines of any length on one or more heart branches, or when there are more than one and one-half square inches in the aggregate on branches other than heart branches. (g) Cracked stem, when there is more than one square inch in the aggregate on any or all branches. Subpart—United States Standards for Grades of Grapefruit (Texas and States Other Than Florida, California, and Ari zona) SOURCE: 34 FR 13905, Aug. 30, 1969, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00371 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 362 7 CFR Ch. I (1–1–17 Edition) § 51.620 GRADES § 51.620 U.S. Fancy. ‘‘U.S. Fancy’’ consists of grapefruit which meet the following require ments: (a) Basic requirements: (1) Discoloration: (i) Not more than one-tenth of the surface, in the aggregate, may be af fected by discoloration. (See § 51.638.) (2) Firm; (3) Mature; (4) Similar varietal characteristics; (5) Smooth texture; (6) Well formed; and, (7) Well colored. (b) Free from: (1) Ammoniation; (2) Bruises; (3) Buckskin; (4) Cuts not healed; (5) Skin breakdown; (6) Decay; (7) Growth cracks; (8) Scab; (9) Sprayburn; and, (10) Wormy fruit. (c) Not injured by: (1) Green spots; (2) Oil spots; (3) Scale; (4) Scars; and, (5) Thorn scratches. (d) Not damaged by any other cause. (e) For tolerances see § 51.628. § 51.621 U.S. No. 1. ‘‘U.S. No. 1’’ consists of grapefruit which meet the following require ments: (a) Basic requirement: (1) Discoloration: (i) Not more than one-half of the sur face, in the aggregate, may be affected by discoloration. (See § 51.638.) (2) Firm; (3) Mature; (4) Similar varietal characteristics; (5) Fairly well colored; (6) Fairly smooth texture; and, (7) Fairly well formed. (b) Free from: (1) Bruises; (2) Cuts not healed; (3) Caked melanose; (4) Growth cracks; (5) Sprayburn; (6) Decay; and, (7) Wormy fruit. (c) Not damaged by any other cause. (d) For tolerances see § 51.628. § 51.622 U.S. No. 1 Bright. The requirements for this grade are the same as for U.S. No. 1 except that no fruit may have more than one-tenth of its surface, in the aggregate, af fected by discoloration. (a) For tolerances see § 51.628. § 51.623 U.S. No. 1 Bronze. The requirements for this grade are the same as for U.S. No. 1 except that all fruit must show some discoloration. Not less than the number of fruits re quired in § 51.628, Tables I and II, shall have more than one-half of their sur face, in the aggregate, affected by dis coloration. The predominating discol oration on these fruits shall be of rust mite type. (a) For tolerances see § 51.628. § 51.624 U.S. Combination. ‘‘U.S. Combination’’ consists of a combination of U.S. No. 1 and U.S. No. 2 grapefruit: Provided, That the number of U.S. No. 2 fruits specified in § 51.628, Tables I and II, are not exceeded. § 51.625 U.S. No. 2. ‘‘U.S. No. 2’’ consists of grapefruit which meet the following require ments: (a) Basic requirements: (1) Discoloration: (i) Not more than two-thirds of the surface, in the aggregate, may be af fected by discoloration. (See § 51.638.) (2) Fairly firm; (3) Mature; (4) Similar varietal characteristics; (5) May be slightly colored; (6) Not more than slightly mis shapen; and, (7) Not more than slightly rough tex ture. (b) Free from: (1) Bruises; (2) Cuts not healed; (3) Growth cracks; (4) Decay; and, (5) Wormy fruit. (c) Not seriously damaged by any other cause. (d) For tolerances see § 51.628. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00372 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 363 Agricultural Marketing Service, USDA § 51.628 § 51.626 U.S. No. 2 Russet. The requirements for this grade are the same as for U.S. No. 2 except that not less than the number of fruits re quired in § 51.628, Tables I and II, shall have more than two-thirds of their sur face, in the aggregate, affected by dis coloration. (a) For tolerances see § 51.628. § 51.627 U.S. No. 3. ‘‘U.S. No. 3’’ consists of grapefruit which meet the following require ments: (a) Basic requirements: (1) Mature; (2) Similar varietal characteristics; (3) May be misshapen; (4) May be slightly spongy; (5) May have rough texture; (6) Not seriously lumpy or cracked; and, (7) May be poorly colored. (i) Not more than 25 percent of the surface may be of a solid dark green color. (b) Free from: (1) Cuts not healed; (2) Decay; and, (3) Wormy fruit. (c) Not very seriously damaged by any other cause. (d) For tolerances see § 51.628. TOLERANCES § 51.628 Tolerances. In order to allow for variations inci dent to proper grading and handling in each of the foregoing grades, based on sample inspection, the number of de fective or off-size specimens in the in dividual sample, and the number of de fective or off-size specimens in the lot, shall be within the limitations speci fied in Tables I and II. No tolerance shall apply to wormy fruit. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00373 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 364 7 CFR Ch. I (1–1–17 Edition) § 51.628 T A B L E I— S H IP P IN G P O IN T 1 (A ) F O R 1 T H R O U G H 2 0 S A M P L E S F a ct o r G ra d e s A L 2 N u m b e r o f 3 3 c o u n t sa m p le s 3 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 A cc e p ta n ce n u m b e rs ( m a xi m u m p e rm itt e d )4 D e ca y .. .. .. .. .. .. .. .. . U .S . F a n cy . U .S . N o . 1 . 1 0 0 0 1 5 1 2 2 2 2 5 2 2 2 3 3 3 5 3 3 4 4 4 U .S . C o m b in a tio n . U .S . N o . 2 . U .S . N o . 3 . 1 0 1 5 1 1 2 2 2 2 3 3 3 3 3 4 4 4 5 4 5 5 5 5 5 5 V e ry s e ri o u s U .S . F a n cy . d a m a g e U .S . N o . 1 . 4 3 5 7 8 1 0 1 1 1 3 1 4 1 6 1 7 1 8 2 0 2 1 2 3 2 4 2 5 2 7 2 8 3 0 3 2 in cl u d in g U .S . C o m b in a tio n . d e ca y. U .S . N o . 2 . T o ta l d e fe ct s U .S . F a n cy . in cl u d in g U .S . N o . 1 . 5 5 9 1 2 1 6 1 9 2 2 2 5 2 8 3 1 3 4 3 7 4 0 4 4 4 6 4 9 5 2 5 5 5 8 6 1 6 4 d e ca y a n d U .S . N o . 2 . ve ry s e ri o u s U .S . N o . 3 . d a m a g e . U .S . C o m b in a tio n (U .S . N o . 2 ’s p e r m itt e d ). 2 1 1 8 3 3 4 7 6 2 7 6 9 0 1 0 4 1 1 9 1 3 3 1 4 7 1 6 1 1 7 4 1 8 8 2 0 2 2 1 6 2 3 0 2 4 4 2 5 7 2 7 1 2 8 5 O ff s iz e .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 7 5 9 1 2 1 6 1 9 2 2 2 5 2 8 3 1 3 4 3 7 4 0 4 4 4 6 4 9 5 2 5 5 5 8 6 1 6 4 D is co lo ra tio n . .. .. .. U .S . N o . 1 . U .S . N o . 1 B ri g h t. 7 5 9 1 2 1 6 1 9 2 2 2 5 2 8 3 1 3 4 3 7 4 0 4 4 4 6 4 9 5 2 5 5 5 8 6 1 6 4 U .S . N o . 2 . U .S . C o m b in a tio n . A cc e p ta n ce n u m b e rs ( m in im u m r e q u ir e d )4 U .S . N o . 1 B ro n ze . 0 2 4 8 1 1 1 4 1 8 2 1 2 5 2 8 3 2 3 6 3 9 4 3 4 7 5 0 5 3 5 7 6 1 6 4 6 8 U .S . N o . 2 R u ss e t. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00374 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 365 Agricultural Marketing Service, USDA § 51.628 T A B L E I— S H IP P IN G P O IN T 1 (C O N T IN U E D ) (B ) F O R 2 1 T H R O U G H 4 0 S A M P L E S F a ct o r G ra d e s A L 2 N u m b e r o f 3 3 c o u n t sa m p le s 3 2 1 2 2 2 3 2 4 2 5 2 6 2 7 2 8 2 9 3 0 3 1 3 2 3 3 3 4 3 5 3 6 3 7 3 8 3 9 4 0 A cc e p ta n ce n u m b e rs ( m a xi m u m p e rm itt e d )4 D e ca y .. .. .. .. .. .. .. .. . U .S . F a n cy . U .S . N o . 1 . 1 4 4 5 4 4 4 5 5 5 5 5 3 5 5 5 6 6 6 6 6 3 6 6 U .S . C o m b in a tio n . U .S . N o . 2 . U .S . N o . 3 . 1 5 6 6 6 5 6 6 7 7 7 5 7 7 8 8 8 8 5 8 9 9 9 9 V e ry s e ri o u s U .S . F a n cy . d a m a g e U .S . N o . 1 . 4 3 2 3 4 3 5 3 6 3 8 3 9 4 0 4 2 4 3 4 4 4 5 4 7 4 8 4 9 5 1 5 2 5 3 5 4 5 6 5 7 in cl u d in g U .S . C o m b in a tio n . d e ca y. U .S . N o . 2 . T o ta l d e fe ct s U .S . F a n cy . in cl u d in g U .S . N o . 1 . 5 6 7 7 0 7 3 7 6 7 9 8 2 8 4 8 7 9 0 9 3 9 6 9 9 1 0 2 1 0 5 1 0 7 1 1 0 1 1 3 1 1 6 1 1 9 1 2 2 d e ca y a n d U .S . N o . 2 . ve ry s e ri o u s U .S . N o . 3 . d a m a g e . U .S . C o m b in a tio n (U .S . N o . 2 ’s p e r m itt e d ). 2 1 2 9 8 3 1 2 3 2 6 3 3 9 3 5 3 3 6 7 3 8 0 3 9 4 4 0 8 4 2 1 4 3 5 4 4 9 4 6 2 4 7 6 4 8 9 5 0 3 5 1 7 5 3 0 5 4 4 5 5 7 O ff s iz e .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 7 6 7 7 0 7 3 7 6 7 9 8 2 8 4 8 7 9 0 9 3 9 6 9 9 1 0 2 1 0 5 1 0 7 1 1 0 1 1 3 1 1 6 1 1 9 1 2 2 D is co lo ra tio n .. .. .. . U .S . N o . 1 . U .S . N o . 1 B ri g h t. 7 6 7 7 0 7 3 7 6 7 9 8 2 8 4 8 7 9 0 9 3 9 6 9 9 1 0 2 1 0 5 1 0 7 1 1 0 1 1 3 1 1 6 1 1 9 1 2 2 U .S . N o . 2 . U .S . C o m b in a tio n . A cc e p ta n ce n u m b e rs ( m in im u m r e q u ir e d )4 U .S . N o . 1 B ro n ze . 0 7 2 7 6 8 0 8 4 8 8 9 2 9 6 9 9 1 0 3 1 0 7 1 1 0 1 1 4 1 1 8 1 2 2 1 2 6 1 3 0 1 3 4 1 3 7 1 4 1 1 4 5 U .S . N o . 2 R u ss e t. 1 S h ip p in g p o in t, a s u se d i n t h e se s ta n d a rd s, m e a n s th e p o in t o f o ri g in o f th e s h ip m e n t in t h e p ro d u ct io n a re a o r a t p o rt o f lo a d in g f o r sh ip s to re s o r o ve rs e a s sh ip m e n ts , o r in t h e c a se o f sh ip m e n ts f ro m o u ts id e t h e c o n tin e n ta l U n ite d S ta te s, t h e p o rt o f e n tr y in to t h e U n ite d S ta te s. 2 A L — A b so lu te l im it p e rm itt e d i n i n d iv id u a l 3 3 c o u n t sa m p le . 3 S a m e s iz e 3 3 c o u n t. 4 A cc e p ta n ce n u m b e r— m a xi m u m o r m in im u m n u m b e r o f d e fe ct iv e o r o ff s iz e f ru it p e rm itt e d . 5 P re fe rr e d n u m b e r o f sa m p le s fo r th is a cc e p ta n ce n u m b e r. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00375 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 366 7 CFR Ch. I (1–1–17 Edition) § 51.628 T A B L E II — E N R O U T E O R A T D E S T IN A T IO N F a ct o r G ra d e s A L 1 N u m b e r o f 3 3 c o u n t sa m p le s 2 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 A cc e p ta n ce n u m b e rs ( m a xi m u m p e rm itt e d )3 D e ca y .. .. .. .. .. .. .. .. . A ll. 3 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 4 1 3 1 4 1 5 1 6 1 7 1 8 4 1 8 1 9 V e ry S e ri o u s U .S . F a n cy . d a m a g e U .S . N o . 1 . 4 3 5 7 8 1 0 1 1 1 3 1 4 1 6 1 7 1 8 2 0 2 1 2 3 2 4 2 5 2 7 2 8 3 0 3 1 o th e r th a n U .S . N o . 2 . d e ca y. U .S . C o m b in a tio n . T o ta l d e fe ct s U .S . F a n cy . in cl u d in g U .S . N o . 1 . 5 5 9 1 2 1 6 1 9 2 2 2 5 2 8 3 1 3 4 3 7 4 0 4 4 4 6 4 9 5 2 5 5 5 8 6 1 6 4 ve ry s e ri o u s U .S . N o . 2 . d a m a g e . U .S . N o . 3 . o th e r th a n d e ca y. U .S . C o m b in a tio n (U .S . N o . 2 ’s p e r m itt e d ). 2 1 1 8 3 3 4 7 6 2 7 6 9 0 1 0 4 1 1 9 1 3 3 1 4 7 1 6 1 1 7 4 1 8 8 2 0 2 2 1 6 2 3 0 2 4 4 2 5 7 2 7 1 2 8 O ff s iz e .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 7 5 9 1 2 1 6 1 9 2 2 2 5 2 8 3 1 3 4 3 7 4 0 4 4 4 6 4 9 5 2 5 5 5 8 6 1 6 4 D is co lo ra tio n .. .. .. . U .S . N o . 1 . U .S . N o . 1 B ri g h t. 7 5 9 1 2 1 6 1 9 2 2 2 5 2 8 3 1 3 4 3 7 4 0 4 4 4 6 4 9 5 2 5 5 5 8 6 1 6 4 U .S . N o . 2 . U .S . C o m b in a tio n . A cc e p ta n ce n u m b e rs ( m in im u m r e q u ir e d )3 U .S . N o . 1 B ro n ze . 0 2 4 8 1 1 1 4 1 8 2 1 2 5 2 8 3 2 3 6 3 9 4 3 4 7 5 0 5 3 5 7 6 1 6 4 6 8 U .S . N o . 2 R u ss e t. 1 A b so lu te l im it p e rm itt e d i n i n d iv id u a l 3 3 c o u n t sa m p le 2 S a m p le s iz e — 3 3 c o u n t 3 A cc e p ta n ce n u m b e r— m a xi m u m o r m in im u m n u m b e r o f d e fe ct iv e o r o ff s iz e f ru it p e rm itt e d 4 P re fe rr e d n u m b e r o f sa m p le s fo r th is a cc e p ta n ce n u m b e r VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00376 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 367 Agricultural Marketing Service, USDA § 51.638 SAMPLE FOR GRADE OR SIZE DETERMINATION § 51.629 Sample for grade or size deter mination. Each sample shall consist of 33 grape fruit. When individual packages con tain at least 33 grapefruit, the sample is drawn from one package; when indi vidual packages contain less than 33 grapefruit, a sufficient number of ad joining packages are opened to form a 33-count sample. When practicable, at point of packaging, the sample may be obtained from the grading belt or bins after sorting has been completed. STANDARD PACK § 51.630 Standard Pack. (a) Fruits shall be fairly uniform in size, unless specified as uniform in size. When packed in approved containers, fruit shall be arranged according to the approved and recognized methods. (b) ‘‘Fairly uniform in size’’ means that not more than the number of fruit permitted in § 51.628, Tables I and II, are outside the ranges of diameters given in Table III. TABLE III—7⁄10 BUSHEL CARTON Pack size/number of grapefruit Diameter in inches Minimum Maximum 18 ............................................... 415⁄16 59⁄16 23 ............................................... 45⁄16 5 27 ............................................... 42⁄16 412⁄16 32 ............................................... 315⁄16 48⁄16 36 ............................................... 313⁄16 45⁄16 40 ............................................... 310⁄16 42⁄16 48 ............................................... 39⁄16 314⁄16 56 ............................................... 35⁄16 310⁄16 (c) ‘‘Uniform in size’’ means that not more than the number of fruit per mitted in § 51.628, Tables I and II, vary more than the following amounts: (1) 32 size and smaller—not more than six-sixteenths inch in diameter; and (2) 27 size and larger—not more than nine-sixteenths inch in diameter. (d) In order to allow for variations, other than sizing, incident to proper packing, not more than 5 percent of the packages in any lot may fail to meet the requirements of standard pack. [66 FR 48788, Sept. 24, 2001] DEFINITIONS § 51.631 Mature. Mature shall have the same meaning currently assigned that term in the laws and regulations of the State in which the grapefruit is grown; or as the definition of such term may hereafter be amended. § 51.632 Similar varietal characteris tics. Similar varietal characteristics means that the fruits in any container are similar in color and shape. § 51.633 Well colored. Well colored means that the fruit is yellow in color with practically no trace of green color. § 51.634 Firm. Firm means that the fruit is not soft, or noticeably wilted or flabby, and the skin is not spongy or puffy. § 51.635 Well formed. Well formed means that the fruit has the shape characteristic of the variety. § 51.636 Smooth texture. Smooth texture means that the skin is thin and smooth for the variety and size of the fruit. § 51.637 Injury. Injury means any specific defect de scribed in § 51.652, Table IV; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which slightly detracts from the appearance, or the edible or marketing quality of the fruit. § 51.638 Discoloration. Discoloration means russeting of light shade of golden brown caused by rust mite or other means. Lighter shades of discoloration caused by smooth or fair ly smooth, superficial scars or other means may be allowed on a greater area, or darker shades may be allowed on a lesser area, provided no discolora tion caused by speck type melanose or VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00377 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 368 7 CFR Ch. I (1–1–17 Edition) § 51.639 other means may detract from the ap pearance of the fruit to a greater ex tent than the shade and amount of dis coloration allowed in the grade. § 51.639 Fairly well colored. Fairly well colored means that except for a 1-inch circle in the aggregate of green color, the yellow color predomi nates over the green color on that part of the fruit which is not discolored. § 51.640 Fairly well formed. Fairly well formed means that the fruit may not have the shape char acteristic of the variety but is not elongated or pointed or otherwise de formed. § 51.641 Fairly smooth texture. Fairly smooth texture means that the skin is not materially rough or coarse and that the skin is not thick for the variety. § 51.642 Damage. Damage means any specific defect de scribed in § 51.652, Table IV; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materially detracts from the appear ance, or the edible or marketing qual ity of the fruit. § 51.643 Fairly firm. Fairly firm means that the fruit may be slightly soft, but not bruised, and the skin is not spongy or puffy. § 51.644 Slightly misshapen. Slightly misshapen means that the fruit is not of the shape characteristic of the variety but is not appreciably elongated or pointed or otherwise de formed. § 51.645 Slightly rough texture. Slightly rough texture means that the skin is not smooth or fairly smooth but is not excessively rough or excessively thick, or materially ridged, grooved or wrinkled. § 51.646 Serious damage. Serious damage means any specific de fect described in § 51.652, Table IV; or an equally objectionable variation of any one of these defects, any other de fect, or any combination of defects, which seriously detracts from the ap pearance, or the edible or marketing quality of the fruit. § 51.647 Slightly colored. Slightly colored means that, except for a 2-inch circle in the aggregate of green color, the portion of the fruit surface which is not discolored shows some yellow color. § 51.648 Misshapen. Misshapen means that the fruit is de cidedly elongated, pointed or flat sided. § 51.649 Slightly spongy. Slightly spongy means that the fruit is puffy or slightly wilted but not flab by. § 51.650 Very serious damage. Very serious damage means any spe cific defect described in § 51.652, Table IV; or an equally objectionable vari ation of any one of these defects, any other defect, or any combination of de fects, which very seriously detracts from the appearance, or the edible or marketing quality of the fruit. § 51.651 Diameter. Diameter means the greatest dimen sion measured at right angles to a line from stem to blossom end. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00378 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 369 Agricultural Marketing Service, USDA § 51.652 § 51.652 Classification of defects. TABLE IV Factor Injury Damage Serious damage Very serious damage Ammoniation ...... ................................... Not occurring as light speck type. Scars are cracked or dark and aggregating more than a circle 3⁄4 inch in diameter on a 70 size grapefruit. Aggregating more than 25 percent of the surface. Buckskin ............. ................................... Aggregating more than a circle 11⁄4 inches in di ameter on a 70 size grapefruit. Aggregating more than 25 percent of the sur face. Aggregating more than 50 percent of the surface. Caked melanese ................................... .......................................... Aggregating more than a circle 1 inch in diame ter on a 70 size grape fruit. Aggregating more than 25 percent of the surface. Dryness or mushy condi tion. ................................... Affecting all segments more than 1⁄4 inch at stem end, or the equiv alent of this amount, by volume, when occurring in other portions of the fruit. Affecting all segments more than 1⁄2 inch at stem end, or the equiv alent of this amount, by volume, when occurring in other portions of the fruit. Affecting all segments more than 3⁄4 inch at stem end, or the equivalent of this amount, by volume, when occurring in other por tions of the fruit. Green spots or oil spots. More than slightly af fecting appearance. Aggregating more than a circle 1 inch in diame ter on a 70 size grape fruit. Aggregating more than a circle 11⁄2 inches in di ameter on a 70 size grapefruit. Hail ..................... Not well healed, or aggregating more than a circle 2⁄3 inch in diameter on a 70 size grapefruit. Not well healed, or aggre gating more than a cir cle 1⁄2 inch in diameter on a 70 size grapefruit. Not well healed, or aggre gating more than a cir cle 5⁄8 inch in diameter on a 70 size grapefruit. Not well healed, or aggre gating more than a circle 1 inch in diameter on a 70 size grapefruit. Scab ................... ................................... Materially detracts from the shape or texture, or aggregating more than a circle 3⁄4 inch in di ameter on a 70 size grapefruit. Seriously detracts from the shape or texture, or aggregating more than a circle 1 inch in di ameter on a 70 size grapefruit. Aggregating more than 25 percent of the surface. Scale .................. More than a few ad jacent to the ‘‘but ton’’ at the stem end, or more than 6 scattered on other portions of the fruit. Blotch aggregating more than a circle 3⁄4 inch in diameter, or occurring as a ring more than a circle 11⁄4 inches in di ameter on a 70 size grapefruit. Blotch aggregating more than a circle 1 inch in diameter, or occurring as a ring more than a circle 11⁄2 inches in di ameter on a 70 size grapefruit. Aggregating more than 25 percent of the surface. Skin breakdown ................................... Aggregating more than a circle 3⁄8 inch in diame ter on a 70 size grape fruit. Aggregating more than a circle 5⁄8 inch in diame ter on a 70 size grape fruit. Aggregating more than a circle 11⁄4 inches in di ameter on a 70 size grapefruit. Scars .................. Depressed, not smooth, or detracts from appearance more than the amount of discol oration permitted in the grade.. Very deep or very rough aggregating more than a circle 1⁄2 inch in di ameter; deep or rough aggregating more than 1 inch in diameter; slightly rough or of slight depth aggre gating more than 10 percent of fruit surface. All areas based on a 70 size grapefruit. Very deep or very rough aggregating more than a circle 1 inch in di ameter; deep or rough aggregating more than 5 percent of fruit sur face; slight depth or slightly rough aggre gating more than 15 percent of fruit surface. All areas based on a 70 size grapefruit. Very deep or very rough or unsightly that appearance is very seriously affected. Sprayburn .......... Hard or aggregating more than a circle 11⁄4 inches in di ameter on a 70 size grapefruit. Aggregating more than 25 percent of the sur face. Sunburn ............. Skin is flattened, dry, darkened, or hard, aggregating more than 25 percent of fruit surface. Skin is hard, fruit is de cidedly one-sided, ag gregating more than one-third of fruit sur face. Aggregating more than 50 percent of fruit sur face. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00379 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 370 7 CFR Ch. I (1–1–17 Edition) § 51.653 TABLE IV—Continued Factor Injury Damage Serious damage Very serious damage Sprouting ............ More than 6 seeds are sprouted, in cluding not more than 1 sprout ex tending to the rind, remainder average not over 1⁄4 inch in length. More than 6 seeds are sprouted, including not more than 2 sprouts extending to the rind, remainder average not over 1⁄2 inch in length. More than 6 seeds are sprouted, including not more than 3 sprouts extending to the rind, remainder average not over 3⁄4 inch in length. Thorn scratches Not well healed, or more unsightly than discoloration permitted in the grade. Not well healed, hard concentrated thorn in jury aggregating more than a circle 3⁄4 inch in diameter, or slight scratches aggregating more than a circle 1 inch in diameter. All areas based on a 70 size grapefruit.. Not well healed, hard concentrated thorn in jury aggregating more than a circle 7⁄8 inch in diameter, or slight scratches aggregating more than a circle 11⁄4 inches in diameter. All areas based on a 70 size grapefruit. Aggregating more than 25 percent of the surface. METRIC CONVERSION TABLE § 51.653 Metric conversion table. Inches Millimeters (mm) 1⁄4 equals ........................................................... 6.4 3⁄8 equals ........................................................... 9.5 1⁄2 equals ........................................................... 12.7 9⁄16 equals .......................................................... 14.3 5⁄8 equals ........................................................... 15.9 3⁄4 equals ........................................................... 19.1 7⁄8 equals ........................................................... 22.2 1 equals ............................................................. 25.4 11⁄4 equals ......................................................... 31.8 11⁄2 equals ......................................................... 38.1 3 equals ............................................................. 76.2 32⁄16 equals ........................................................ 79.4 36⁄16 equals ........................................................ 85.7 38⁄16 equals ........................................................ 88.9 310⁄16 equals ...................................................... 92.1 313⁄16 equals ...................................................... 96.8 314⁄16 equals ...................................................... 98.4 315⁄16 equals ...................................................... 100.0 42⁄16 equals ........................................................ 104.8 45⁄16 equals ........................................................ 109.5 48⁄16 equals ........................................................ 114.3 412⁄16 equals ...................................................... 120.7 5 equals ............................................................. 127.0 Subpart—United States Standards for Grades of Oranges (Texas and States Other Than Florida, California, and Arizona) SOURCE: 34 FR 13909, Aug. 30, 1969; 34 FR 14325, Sept. 12, 1969, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. GENERAL § 51.680 General. The standards in this subpart apply only to the common or sweet orange group and varieties belonging to the Mandarin group except tangerines for which separate U.S. Standards are issued. GRADES § 51.681 U.S. Fancy. ‘‘U.S. Fancy’’ consists of oranges which meet the following require ments: (a) Basic requirements: (1) Discoloration: (i) Not more than one-tenth of the surface, in the aggregate, may be af fected by discoloration. (See § 51.700.) (2) Firm; (3) Mature; (4) Similar varietal characteristics; (5) Well colored; (6) Well formed; and, (7) Smooth texture. (b) Free from: (1) Ammoniation; (2) Bruises; (3) Buckskin; (4) Caked melanose; (5) Creasing; (6) Cuts not healed; (7) Decay; (8) Growth cracks; (9) Scab; (10) Skin breakdown; (11) Sprayburn; (12) Undeveloped segments; and, VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00380 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 371 Agricultural Marketing Service, USDA § 51.688 (13) Wormy fruit. (c) Not injured by: (1) Green spots; (2) Oil spots; (3) Split navels; (4) Rough, wide or protruding navels; (5) Scale; (6) Scars; and, (7) Thorn scratches. (d) Not damaged by any other cause. (e) For tolerances see § 51.689. § 51.682 U.S. No. 1. ‘‘U.S. No. 1’’ consists of oranges which meet the following require ments: (a) Basic requirements: (1) Discoloration: (i) Not more than one-third of the surface, in the aggregate, may be af fected by discoloration. (See § 51.700.) (2) Firm; (3) Mature; (4) Similar varietal characteristics; (5) Well formed; (6) Fairly smooth texture; and, (7) Color: (i) Early and midseason varieties shall be fairly well colored. (ii) For Valencia and other late vari eties, not less than 50 percent, by count, shall be fairly well colored and the remainder reasonably well colored. (b) Free from: (1) Bruises; (2) Cuts not healed; (3) Caked melanose; (4) Decay; (5) Growth cracks; (6) Sprayburn; (7) Undeveloped segments; and, (8) Wormy fruit. (c) Not damaged by any other cause. (d) For tolerances see § 51.689. § 51.683 U.S. No. 1 Bright. The requirements for this grade are the same as for U.S. No. 1 except that no fruit may have more than one-tenth of its surface, in the aggregate, af fected by discoloration. (a) For tolerances see § 51.689. § 51.684 U.S. No. 1 Bronze. The requirements for this grade are the same as for U.S. No 1 except that all fruit must show some discoloration. Not less than the number of fruits re quired in § 51.689, Tables I and II, shall have more than one-third of their sur face, in the aggregate, affected by dis coloration. The predominating discol oration on these fruits shall be of rust mite type. § 51.685 U.S. Combination. ‘‘U.S. Combination’’ consists of a combination of U.S. No. 1 and U.S. No. 2 oranges: Provided, That the number of U.S. No. 2 fruits specified in § 51.689, Tables I and II, are not exceeded. § 51.686 U.S. No. 2. ‘‘U.S. No. 2’’ consists of oranges which meet the following require ments: (a) Basic requirements: (1) Discoloration: (i) Not more than one-half of the sur face, in the aggregate, may be affected by discoloration. (See § 51.700.) (2) Fairly firm; (3) Mature; (4) Similar varietal characteristics; (5) Reasonably well colored; (6) Not more than slightly mis shapen, and, (7) Not more than slightly rough. (b) Free from: (1) Bruises; (2) Cuts not healed; (3) Decay; (4) Growth cracks; and, (5) Wormy fruit. (c) Not seriously damaged by any other cause. (d) For tolerances see § 51.689. § 51.687 U.S. No. 2 Russet. The requirements for this grade are the same as for U.S. No. 2 except that not less than the number of fruits re quired in § 51.689, Tables I and II, shall have more than one-half of their sur face, in the aggregate, affected by dis coloration. § 51.688 U.S. No. 3. ‘‘U.S. No. 3’’ consists of oranges which meet the following require ments: (a) Basic requirements: (1) Mature; (2) Similar varietal characteristics; (3) May be misshapen; (4) May be slightly spongy; (5) May have rough texture; VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00381 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 372 7 CFR Ch. I (1–1–17 Edition) § 51.689 (6) Not seriously lumpy or cracked; and, (7) May be poorly colored. (i) Not more than 25 percent of the surface may be of a solid dark green color. (b) Free from: (1) Cuts not healed; (2) Decay; and, (3) Wormy fruit. (c) Not very seriously damaged by any other cause. (d) For tolerances see § 51.689. TOLERANCES § 51.689 Tolerances. In order to allow for variations inci dent to proper grading and handling in each of the foregoing grades, based on sample inspection, the number of de fective or off-size specimens in the lot, shall be within the limitations speci fied in Tables I and II. No tolerance shall apply to wormy fruit. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00382 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 373 Agricultural Marketing Service, USDA § 51.689 T A B L E I— S H IP P IN G P O IN T 1 (A ) F O R 1 T H R O U G H 2 0 S A M P L E S [S e e f o o tn o te s a t e n d o f T a b le I ] F a ct o r G ra d e s A L 2 N u m b e r o f 5 0 c o u n t sa m p le s 3 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 A cc e p ta n ce n u m b e r (m a xi m u m p e rm itt e d )4 D e ca y .. .. .. .. .. .. .. .. . U .S . F a n cy . U .S . N o . 1 . 1 0 1 5 1 1 2 5 2 2 3 3 3 5 3 3 4 4 5 4 4 5 5 5 5 U .S . N o . 2 . U .S . C o m b in a tio n . U .S . N o . 3 . 2 0 1 2 5 2 2 5 3 3 4 4 5 4 5 5 5 5 6 6 5 6 6 7 7 7 V e ry s e ri o u s U .S . F a n cy . d a m a g e U .S . N o . 1 . 6 4 6 9 1 1 1 4 1 6 1 8 2 0 2 2 2 4 2 6 2 8 3 0 3 3 3 5 3 7 3 9 4 1 4 3 4 5 in cl u d in g U .S . N o . 2 . d e ca y. U .S . C o m b in a tio n . T o ta l d e fe ct s U .S . F a n cy . in cl u d in g U .S . N o . 1 . 8 7 1 2 1 7 2 2 2 7 3 2 3 6 4 1 4 5 5 0 5 4 5 9 6 3 6 8 7 2 7 6 8 1 8 5 9 0 9 4 d e ca y a n d U .S . N o . 2 . ve ry s e ri o u s U .S . N o . 3 . d a m a g e . U .S . C o m b in a tio n (U .S . N o . 2 ’s p e r m itt e d ). 2 9 2 6 4 8 7 0 9 1 1 1 2 1 3 4 1 5 5 1 7 6 1 9 7 2 1 8 2 3 9 2 6 0 2 8 1 3 0 1 3 2 2 3 4 3 3 6 4 3 8 4 4 0 5 4 2 5 O ff s iz e .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 1 0 7 1 2 1 7 2 2 2 7 3 2 3 6 4 1 4 5 5 0 5 4 5 9 6 3 6 8 7 2 7 6 8 1 8 5 9 0 9 4 D is co lo ra tio n .. .. .. . U .S . N o . 1 . U .S . N o . 1 B ri g h t. 1 0 7 1 2 1 7 2 2 2 7 3 2 3 6 4 1 4 5 5 0 5 4 5 9 6 3 6 8 7 2 7 6 8 1 8 5 9 0 9 4 U .S . N o . 2 . U .S . C o m b in a tio n . A cc e p ta n ce n u m b e r (m in im u m r e q u ir e d )4 U .S . N o . 1 B ro n ze . 1 3 8 1 2 1 8 2 3 2 9 3 4 4 0 4 5 5 1 5 6 6 2 6 8 7 4 7 9 8 5 9 1 9 7 1 0 2 1 0 8 U .S . N o . 2 R u ss e t. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00383 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 374 7 CFR Ch. I (1–1–17 Edition) § 51.689 T A B L E I— S H IP P IN G P O IN T 1 — C O N T IN U E D (B ) F O R 2 1 T H R O U G H 4 0 S A M P L E S [S e e f o o tn o te s a t e n d o f T a b le I ] F a ct o r G ra d e s A L 2 N u m b e r o f 5 0 c o u n t sa m p le s 3 2 1 2 2 2 3 2 4 2 5 2 6 2 7 2 8 2 9 3 0 3 1 3 2 3 3 3 4 3 5 3 6 3 7 3 8 3 9 4 0 A cc e p ta n ce n u m b e rs ( m a xi m u m p e rm itt e d )4 D e ca y .. .. .. .. .. .. .. .. . U .S . F a n cy . U .S . N o . 1 . 1 5 5 6 6 6 6 5 6 6 7 7 7 7 5 7 7 8 8 8 5 8 8 9 9 U .S . N o . 2 . U .S . C o m b in a tio n . U .S . N o . 3 . 2 8 8 5 8 8 9 9 5 9 9 1 0 1 0 5 1 0 1 1 1 1 5 1 1 1 1 1 2 1 2 5 1 2 1 2 1 3 V e ry s e ri o u s U .S . F a n cy . d a m a g e U .S . N o . 1 . 6 4 7 4 9 5 1 5 3 5 4 5 6 5 8 6 0 6 2 6 4 6 6 6 8 7 0 7 2 7 4 7 6 7 8 8 0 8 1 8 3 in cl u d in g U .S . N o . 2 . d e ca y. U .S . C o m b in a tio n . T o ta l d e fe ct s U .S . F a n cy . in cl u d in g U .S . N o . 1 . 8 9 8 1 0 3 1 0 7 1 1 1 1 1 6 1 2 0 1 2 4 1 2 9 1 3 3 1 3 7 1 4 1 1 4 6 1 5 0 1 5 4 1 5 9 1 6 3 1 6 7 1 7 1 1 7 6 1 8 0 d e ca y a n d U .S . N o . 2 . ve ry s e ri o u s U .S . N o . 3 . d a m a g e . U .S . C o m b in a tio n (U .S . N o . 2 ’s p e r m itt e d ). 2 9 4 4 6 4 6 7 4 8 7 5 0 8 5 2 9 5 4 9 5 7 0 5 9 0 6 1 1 6 3 1 6 5 2 6 7 2 6 9 3 7 1 3 7 3 4 7 5 4 7 7 5 7 9 5 8 1 6 8 3 6 O ff s iz e .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 1 0 9 8 1 0 3 1 0 7 1 1 1 1 1 6 1 2 0 1 2 4 1 2 9 1 3 3 1 3 7 1 4 1 1 4 6 1 5 0 1 5 4 1 5 9 1 6 3 1 6 7 1 7 1 1 7 6 1 8 0 D is co lo ra tio n .. .. .. . U .S . N o . 1 . U .S . N o . 1 B ri g h t. 1 0 9 8 1 0 3 1 0 7 1 1 1 1 1 6 1 2 0 1 2 4 1 2 9 1 3 3 1 3 7 1 4 1 1 4 6 1 5 0 1 5 4 1 5 9 1 6 3 1 6 7 1 7 1 1 7 6 1 8 0 U .S . N o . 2 . U .S . C o m b in a tio n . A cc e p ta n ce n u m b e r (m in im u m r e q u ir e d )4 U .S . N o . 1 B ro n ze . 1 1 1 4 1 1 9 1 2 5 1 3 1 1 3 7 1 4 3 1 4 9 1 5 5 1 6 1 1 6 6 1 7 2 1 7 8 1 8 4 1 9 0 1 9 6 2 0 2 2 0 8 2 1 4 2 2 0 2 2 6 U .S . N o . 2 R u ss e t. 1 S h ip p in g p o in t, a s u se d i n t h e se s ta n d a rd s, m e a n s th e p o in t o f o ri g in o f th e s h ip m e n t in t h e p ro d u ct io n a re a o r a t p o rt o f lo a d in g f o r sh ip s to re s o r o ve rs e a s sh ip m e n ts , o r in t h e c a se o f sh ip m e n ts f ro m o u ts id e t h e c o n tin e n ta l U n ite d S ta te s, t h e p o rt o f e n tr y in to t h e U n ite d S ta te s. 2 A L — A b so lu te l im it p e rm itt e d i n i n d iv id u a l 3 3 c o u n t sa m p le . 3 S a m p le s iz e — 3 3 c o u n t. 4 A cc e p ta n ce n u m b e r— m a xi m u m o r m in im u m n u m b e r o f d e fe ct iv e o r o ff s iz e f ru it p e rm itt e d . 5 P re fe rr e d n u m b e r o f sa m p le s fo r th is a cc e p ta n ce n u m b e r. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00384 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 375 Agricultural Marketing Service, USDA § 51.689 T A B L E II — E N R O U T E O R A T D E S T IN A T IO N F a ct o r G ra d e s A L 1 N u m b e r o f 5 0 c o u n t sa m p le s 2 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 A cc e p ta n ce n u m b e rs ( m a xi m u m p e rm itt e d ) D e ca y .. .. .. .. .. .. .. .. . A ll. 4 3 4 6 7 9 1 0 1 1 1 3 1 4 1 5 1 6 1 8 1 9 2 0 2 1 2 3 2 4 2 5 2 6 2 7 V e ry s e ri o u s U .S . F a n cy . d a m a g e U .S . N o . 1 . 6 4 6 9 1 1 1 4 1 6 1 8 2 0 2 2 2 4 2 6 2 8 3 0 3 3 3 5 3 7 3 9 4 1 4 3 4 5 o th e r th a n U .S . N o . 2 . d e ca y. U .S C o m b in a tio n . T o ta l d e fe ct s U .S . F a n cy . in cl u d in g U .S . N o . 1 . 8 7 1 2 1 7 2 2 2 7 3 2 3 6 4 1 4 5 5 0 5 4 5 9 6 3 6 8 7 2 7 6 8 1 8 5 9 0 9 4 ve ry s e ri o u s U .S . N o . 2 . d a m a g e U .S . N o . 3 . o th e r th a n d e ca y. U .S . C o m b in a tio n (U .S . N o . 2 ’s p e r m itt e d ). 2 9 2 6 4 8 7 0 9 1 1 1 2 1 3 4 1 5 5 1 7 6 1 9 7 2 1 8 2 3 9 2 6 0 2 8 1 3 0 1 3 2 2 3 4 3 3 6 4 3 8 4 4 0 5 4 2 5 O ff s iz e .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 1 0 7 1 2 1 7 2 2 2 7 3 2 3 6 4 1 4 5 5 0 5 4 5 9 6 3 6 8 7 2 7 6 8 1 8 5 9 0 9 4 D is co lo ra tio n .. .. .. . U .S . N o . 1 . U .S . N o . 1 B ri g h t. 1 0 7 1 2 1 7 2 2 2 7 3 2 3 6 4 1 4 5 5 0 5 4 5 9 6 3 6 8 7 2 7 6 8 1 8 5 9 0 9 4 U .S . N o . 2 . U .S . C o m b in a tio n . A cc e p ta n ce n u m b e r (m in im u m r e q u ir e d )3 U .S . N o . 1 B ro n ze . 1 3 8 1 2 1 8 2 3 2 9 3 4 4 0 4 5 5 1 5 6 6 2 6 8 7 4 7 9 8 5 9 1 9 7 1 0 2 1 0 8 U .S . N o . 2 R u ss e t. 1 A L — A b so lu te l im it p e rm itt e d i n i n d iv id u a l 5 0 c o u n t sa m p le . 2 S a m p le s iz e 5 0 c o u n t. 3 A cc e p ta n ce n u m b e r— m a xi m u m o r m in im u m n u m b e r o f d e fe ct iv e o r o ff s iz e f ru it p e rm itt e d . VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00385 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 376 7 CFR Ch. I (1–1–17 Edition) § 51.690 SAMPLE FOR GRADE OR SIZE DETERMINATION § 51.690 Sample for grade or size deter mination. Each sample shall consist of 50 or anges. When individual packages con tain at least 50 oranges, the sample is drawn from one package; when indi vidual packages contain less than 50 oranges, a sufficient number of adjoin ing packages are opened to form a 50 count sample. When practicable, at point of packaging, the sample may be obtained from the grading belt or bins after sorting has been completed. STANDARD PACK § 51.691 Standard pack for oranges ex cept Temple variety. (a) Fruit shall be fairly uniform in size. When packed in approved con tainers, fruit shall be arranged accord ing to the approved and recognized methods. (b) ‘‘Fairly uniform in size’’ means that not more than the number of fruit permitted in § 51.689, Tables I and II, are outside the ranges of diameters given in Table III: TABLE III—7⁄10 BUSHEL CARTON Pack size/number of oranges Diameter in inches Minimum Maximum 24 ............................................... 312⁄16 51⁄16 32 ............................................... 36⁄16 49⁄16 36 ............................................... 34⁄16 46⁄16 40 ............................................... 32⁄16 44⁄16 48 ............................................... 215⁄16 4 56 ............................................... 213⁄16 313⁄16 64 ............................................... 211⁄16 310⁄16 72 ............................................... 29⁄16 38⁄16 88 ............................................... 28⁄16 34⁄16 113 ............................................. 27⁄16 3 138 ............................................. 26⁄16 212⁄16 (c) In order to allow for variations, other than sizing, incident to proper packing, not more than 5 percent of the packages in any lot may fail to meet the requirements of standard pack. [66 FR 48788, Sept. 24, 2001] STANDARD SIZING § 51.692 Standard sizing. (a) Boxes, cartons, bag packs, or bulk loads in which oranges are not packed according to a definite pattern do not meet the requirements of standard pack, but may be certified as meeting the requirements of standard sizing: Provided, that the ranges are fairly uni form in size as defined in § 51.691. (b) In order to allow for variations in cident to proper packing, not more than 5 percent of the containers in any lot may fail to meet the requirements of standard sizing. [34 FR 13909, Aug. 30, 1969; 34 FR 14325, Sept. 12, 1969. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 66 FR 48788, Sept. 24, 2001] DEFINITIONS § 51.693 Mature. Mature shall have the same meaning currently assigned that term in the laws and regulations of the State in which the orange is grown; or as the definition of such term may hereafter be amended. § 51.694 Similar varietal characteris tics. Similar varietal characteristics means that the fruits in any container are similar in color and shape. § 51.695 Well colored. Well colored means that the fruit is yellow or orange in color with prac tically no trace of green color. § 51.696 Firm. Firm as applied to common oranges, means that the fruit is not soft, or no ticeably wilted or flabby; as applied to oranges of the Mandarin group (Satsuma, King, Mandarin), means that the fruit is not extremely puffy, al though the skin may be slightly loose. § 51.697 Well formed. Well formed means that the fruit has the shape characteristic of the variety. § 51.698 Smooth texture. Smooth texture means that the skin is thin and smooth for the variety and size of the fruit. § 51.699 Injury. Injury means any specific defect de scribed in § 51.713, Table IV; or an equally objectionable variation of any VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00386 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 377 Agricultural Marketing Service, USDA § 51.712 one of these defects, any other defect, or any combination of defects, which slightly detracts from the appearance, or the edible or marketing quality of the fruit. § 51.700 Discoloration. Discoloration means russeting of light shade of golden brown caused by rust mite or other means. Lighter shades of discoloration caused by smooth or fair ly smooth, superficial scars or other means may be allowed on a greater area, or darker shades may be allowed on a lesser area, provided no discolora tion caused by melanose or other means may affect the appearance of the fruit to a greater extent than the shade and amount of discoloration al lowed for the grade. § 51.701 Fairly smooth texture. Fairly smooth texture means that the skin is not materially rough or coarse and that the skin is not thick for the variety. § 51.702 Damage. Damage means any specific defect de scribed in § 51.713, Table IV; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materially detracts from the appear ance, or the edible or marketing qual ity of the fruit. § 51.703 Fairly well colored. Fairly well colored means that except for a one inch circle in the aggregate of green color, the yellow or orange color predominates over the green color on that part of the fruit which is not dis colored. § 51.704 Reasonably well colored. Reasonably well colored means that the yellow or orange color predomi nates over the green color on at least two-thirds of the fruit surface in the aggregate which is not discolored. § 51.705 Fairly firm. Fairly firm as applied to common or anges, means that the fruit may be slightly soft, but not bruised; as ap plied to oranges of the Mandarin group (Satsuma, King, Mandarin) means that the fruit is not extremely puffy or the skin extremely loose. § 51.706 Slightly misshapen. Slightly misshapen means that the fruit is not of the shape characteristic of the variety but is not appreciably elongated or pointed or otherwise de formed. § 51.707 Slightly rough texture. Slightly rough texture means that the skin is not smooth or fairly smooth but is not excessively rough or excessively thick, or materially ridged, grooved or wrinkled. § 51.708 Serious damage. Serious damage means any specific de fect described in § 51.713, Table IV; or an equally objectionable variation of any one of these defects, any other de fect, or any combination of defects, which seriously detracts from the ap pearance, or the edible or marketing quality of the fruit. § 51.709 Misshapen. Misshapen means that the fruit is de cidedly elongated, pointed or flatsided. § 51.710 Slightly spongy. Slightly spongy means that the fruit is puffy or slightly wilted but not flab by. § 51.711 Very serious damage. Very serious damage means any spe cific defect described in § 51.713, Table IV; or an equally objectionable vari ation of any one of these defects, any other defect, or any combination of de fects, which very seriously detracts from the appearance, or the edible or marketing quality of the fruit. § 51.712 Diameter. Diameter means the greatest dimen sion measured at right angles to a line from stem to blossom end of the fruit. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00387 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 378 7 CFR Ch. I (1–1–17 Edition) § 51.713 § 51.713 Classification of defects. TABLE IV Factor Injury Damage Serious damage Very serious damage Ammoniation .. .......................................... Not occurring as light speck type. Scars are cracked or dark and aggregating more than a circle 3⁄4 inch in diameter or light col ored and aggregating more than a circle 11⁄4 inches in diameter on a 200 size orange. Aggregating more than 25 percent of the surface. Buckskin ........ .......................................... Aggregating more than a circle 1 inch in diameter on a 200 size orange.. Aggregating more than 25 percent of the surface. Aggregating more than 50 percent of the surface. Caked melanose. .......................................... .......................................... Aggregating more than a circle 3⁄4 inch in diame ter on a 200 size or ange. Aggregating more than 25 percent of the surface. Creasing ........ .......................................... Materially weakens the skin, or extends over more than one-third of the surface. Seriously weakens the skin, or extends over more than one-half of the surface. Very seriously weakens the skin, or is distrib uted over practically the entire surface. Dryness or mushy con dition. .......................................... Affecting all segments more than 1⁄4 inch at stem end, or the equiv alent of this amount, by volume, when occurring in other portions of the fruit. Affecting all segments more than 1⁄2 inch at stem end, or the equiv alent of this amount, by volume, when occurring in other portions of the fruit. Affecting all segments more than 3⁄4 inch at stem end, or the equiv alent of this amount, by volume, when occurring in other portions of the fruit. Green spots or oil spots. More than slightly affect ing appearance. Aggregating more than a circle 7⁄8 inch in diame ter on a 200 size or ange. Aggregating more than a circle 11⁄4 inches in di ameter on a 200 size orange. Hail ................ Not well healed, or aggre gating more than a cir cle 1⁄4 inch in diameter on a 200 size orange. Not well healed, or aggre gating more than a cir cle 3⁄8 inch in diameter on a 200 size orange. Not well healed, or aggre gating more than a cir cle 1⁄2 inch in diameter on a 200 size orange. Not well healed, or aggre gating more than a cir cle 3⁄4 inch in diameter on a 200 size orange. Scab .............. .......................................... Materially detracts from the shape or texture, or aggregating more than a circle 5⁄8 inch in di ameter on a 200 size orange. Seriously detracts from the shape or texture, or aggregating more than a circle 3⁄4 inch in di ameter on a 200 or ange. Aggregating more than 25 percent of the surface. Scale .............. More than a few adjacent to the ‘‘button’’ at the stem end, or more than 6 scattered on other portions of the fruit. Aggregating more than a circle 5⁄8 inch in diame ter on a 200 size or ange. Aggregating more than a circle 3⁄4 inch in diame ter on a 200 size or ange. Aggregating more than 25 percent of the surface. Scars ............. Depressed, not smooth, or detracts from ap pearance more than the amount of discol oration permitted in the grade. Deep, rough or hard ag gregating more than a circle 1⁄4 inch in diame ter; slightly rough with slight depth aggre gating more than a cir cle 7⁄8 inch in diameter; smooth or fairly smooth with slight depth aggre gation more than a cir cle 11⁄4 inches in di ameter. All areas based on a 200 size orange. Deep, rough aggregating more than a circle 1⁄2 inch in diameter; slight ly rough with slight depth aggregating more than a circle 11⁄4 inches in diameter. All areas based on a 200 size or ange. Deep, rough or unsightly that appearance is very seriously affected. Skin break down. .......................................... Aggregating more than a circle 1⁄4 inch in diame ter on a 200 size or ange. Aggregating more than a circle 5⁄8 inch in diame ter on a 200 size or ange. Aggregating more than 25 percent of the surface. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00388 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 379 Agricultural Marketing Service, USDA § 51.750 TABLE IV—Continued Factor Injury Damage Serious damage Very serious damage Sunburn ......... .......................................... Skin is flattened, dry, darkened or hard, ag gregating more than 25 percent of the surface. Affecting more than 1⁄3 of the surface, hard, de cidedly one-sided, or light brown and aggre gating more than a cir cle 11⁄4 inches in di ameter on a 200 size orange. Aggregating more than 50 percent of the surface. Sprayburn ...... .......................................... .......................................... Hard, or aggregating more than a circle 11⁄4 inches in diameter on a 200 size orange. Aggregating more than 25 percent of the surface. Split, rough or protruding navels. Split is unhealed; navel protrudes beyond gen eral contour; opening is so wide, growth so fold ed and ridged that it detracts noticeably from appearance. Split is unhealed, or more than 1⁄4 inch in length, or more than 3 well healed splits, or navel protrudes beyond the general contour, and opening is so wide, folded or ridged that it detracts materially from appearance. Split is unhealed, or more than 1⁄2 inch in length, or aggregate length of all splits exceed 1 inch, or navel protrudes be yond general contour, and opening is so wide, folded and ridged that it seriously detracts from appearance. Split is unhealed or fruit is seriously weakened. Thorn scratch es. Not slight, not well healed, or more un sightly than discolora tion permitted in the grade. Not well healed, or hard concentrated thorn in jury aggregating more than a circle 5⁄8 inch in diameter on a 200 size orange. Not well healed, or hard concentrated thorn in jury aggregating more than a circle 3⁄4 inch in diameter on a 200 size orange. Aggregating more than 5 percent of the surface. METRIC CONVERSION TABLE § 51.714 Metric conversion table. Inches Millimeters (mm) 1⁄4 equals ........................................................... 6.4 5⁄16 equals .......................................................... 7.9 3⁄8 equals ........................................................... 9.5 1⁄2 equals ........................................................... 12.7 5⁄8 equals ........................................................... 15.9 3⁄4 equals ........................................................... 19.1 7⁄8 equals ........................................................... 22.2 1 equals ............................................................. 25.4 11⁄4 equals ......................................................... 31.8 23⁄16 equals ........................................................ 55.6 24⁄16 equals ........................................................ 57.2 27⁄16 equals ........................................................ 61.9 28⁄16 equals ........................................................ 63.5 29⁄16 equals ........................................................ 65.1 211⁄16 equals ...................................................... 68.3 212⁄16 equals ...................................................... 69.9 215⁄16 equals ...................................................... 74.6 31⁄16 equals ........................................................ 77.8 33⁄16 equals ........................................................ 81.0 35⁄16 equals ........................................................ 84.1 37⁄16 equals ........................................................ 87.3 39⁄16 equals ........................................................ 90.5 313⁄16 equals ...................................................... 96.8 Subpart—United States Standards for Grades of Florida Grapefruit SOURCE: 61 FR 20703, May 8, 1996, unless otherwise noted. GRADES § 51.750 U.S. Fancy. ‘‘U.S. Fancy’’ consists of grapefruit which meet the following require ments: (a) Basic requirements: (1) Discoloration: Not more than one tenth of the surface, in the aggregate, may be affected by discoloration. (See § 51.770.); (2) Firm; (3) Mature; (4) Similar varietal characteristics; (5) Smooth texture; (6) Well colored; and, (7) Well formed. (b) Free from: (1) Ammoniation; (2) Buckskin; (3) Caked melanose; (4) Decay; (5) Scab; (6) Sprayburn; (7) Unhealed skin breaks; and, (8) Wormy fruit. (c) Free from injury caused by: (1) Bruises; (2) Green spots; (3) Oil spots; (4) Scale; (5) Scars; VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00389 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 380 7 CFR Ch. I (1–1–17 Edition) § 51.751 (6) Skin breakdown; and, (7) Thorn scratches. (d) Free from damage caused by: (1) Dirt or other foreign material; (2) Disease; (3) Dryness or mushy condition; (4) Hail; (5) Insects; (6) Sprouting; (7) Sunburn; and, (8) Other means. (e) For tolerances see § 51.760. § 51.751 U.S. No. 1 Bright. The requirements for this grade are the same as for U.S. No. 1 except that fruit shall have not more than one-fifth of its surface, in the aggregate, af fected by discoloration. For tolerances see § 51.760. § 51.752 U.S. No. 1. ‘‘U.S. No. 1’’ consists of grapefruit which meet the following require ments: (a) Basic requirements: (1) Discoloration: Not more than one third of the surface, in the aggregate, may be affected by discoloration. (See § 51.770.); (2) Fairly smooth texture; (3) Fairly well colored; (4) Firm; (5) Mature; (6) Similar varietal characteristics; and, (7) Well formed. (b) Free from: (1) Decay; (2) Unhealed skin breaks; and, (3) Wormy fruit. (c) Free from damage caused by: (1) Ammoniation; (2) Bruises; (3) Buckskin; (4) Caked melanose; (5) Dirt or other foreign material; (6) Disease; (7) Dryness or mushy condition; (8) Green spots; (9) Hail; (10) Insects; (11) Oil spots; (12) Scab; (13) Scale; (14) Scars; (15) Skin breakdown; (16) Sprayburn; (17) Sprouting; (18) Sunburn; (19) Thorn scratches; and, (20) Other means. (d) For tolerances see § 51.760. § 51.753 U.S. No. 1 Golden. The requirements for this grade are the same as for U.S. No. 1 except that not more than 30 percent, by count, of the fruit shall have more than one third of their surface, in the aggregate, affected by discoloration. For toler ances see § 51.760. § 51.754 U.S. No. 1 Bronze. The requirements for this grade are the same as for U.S. No. 1 except that at least 30 percent, by count, of the fruit shall have more than one-third of their surface, in the aggregate, affected by discoloration. The predominating discoloration on each of these fruits shall be of rust mite type. For toler ances see § 51.760. § 51.755 U.S. No. 1 Russet. The requirements for this grade are the same as for U.S. No. 1 except that at least 30 percent, by count, of the fruit shall have more than one-third of their surface, in the aggregate, affected by any type of discoloration. For toler ances see § 51.760. § 51.756 U.S. No. 2 Bright. The requirements for this grade are the same as for U.S. No. 2 except that fruit shall have not more than one-fifth of its surface, in the aggregate, af fected by discoloration. For tolerances see § 51.760. § 51.757 U.S. No. 2. ‘‘U.S. No. 2’’ consists of grapefruit which meet the following require ments: (a) Basic requirements: (1) Discoloration: Not more than one half of the surface, in the aggregate, may be affected by discoloration. (See § 51.770.); (2) Fairly firm; (3) Mature; (4) Similar varietal characteristics; (5) Slightly colored; (6) Not more than slightly mis shapen; and, (7) Not more than slightly rough tex ture. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00390 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 381 Agricultural Marketing Service, USDA § 51.760 1 Shipping point, as used in these stand ards, means the point of origin of the ship ment in the producing area or at port of loading for ship stores or overseas shipment, or, in the case of shipments from outside the continental United States, the port of entry into the United States. (b) Free from: (1) Decay; (2) Unhealed skin breaks; and, (3) Wormy fruit. (c) Free from serious damage caused by: (1) Ammoniation; (2) Bruises; (3) Buckskin; (4) Caked melanose; (5) Dirt or other foreign material; (6) Disease; (7) Dryness or mushy condition; (8) Green spots; (9) Hail; (10) Insects; (11) Oil spots; (12) Scab; (13) Scale; (14) Scars; (15) Skin breakdown; (16) Sprayburn; (17) Sprouting; (18) Sunburn; (19) Thorn scratches; and, (20) Other means. (d) For tolerances see § 51.760. § 51.758 U.S. No. 2 Russet. The requirements for this grade are the same as for U.S. No. 2 except that at least 10 percent of the fruit shall have more than one-half of their sur face, in the aggregate, affected by any type of discoloration. For tolerances see § 51.760. § 51.759 U.S. No. 3. ‘‘U.S. No. 3’’ consists of grapefruit which meet the following require ments: (a) Basic requirements: (1) Mature; (2) Misshapen; (3) Poorly colored; (4) Rough texture, not seriously bumpy; (5) Similar varietal characteristics; and, (6) Slightly spongy. (b) Free from: (1) Decay; (2) Unhealed skin breaks; and, (3) Wormy fruit. (c) Free from very serious damage caused by: (1) Ammoniation; (2) Bruises; (3) Buckskin; (4) Caked melanose; (5) Disease; (6) Dryness or mushy condition; (7) Hail; (8) Insects; (9) Oil spotting; (10) Scab; (11) Scale; (12) Scars; (13) Skin breakdown; (14) Sprayburn; (15) Sprouting; (16) Sunburn; and, (17) Other means. (d) For tolerances see § 51.760. TOLERANCES § 51.760 Tolerances. In order to allow for variations inci dent to proper grading and handling in each of the foregoing grades, the fol lowing tolerances, by count, based on a minimum 25 count sample, are pro vided as specified: (a) Defects. (1) U.S. Fancy, U.S. No. 1 Bright, U.S. No. 1, U.S. No. 1 Golden, U.S. No. 1 Bronze, U.S. No. 1 Russet, U.S. No. 2 Bright, U.S. No. 2, and U.S. No. 2 Russet. (i) For defects at shipping point. 1 Not more than 10 percent of the fruit in any lot may fail to meet the requirements of the specified grade: Provided, that in cluded in this amount not more than 5 percent shall be allowed for defects causing very serious damage, including in this latter amount not more than 1 percent for decay or wormy fruit. (ii) For defects en route or at destina tion. Not more than 12 percent of the fruit which fail to meet the require ments of the specified grade: Provided, that included in this amount not more than the following percentages shall be allowed for defects listed: (A) 10 percent for fruit having perma nent defects; or, (B) 7 percent for defects causing very serious damage, including therein not more than 5 percent for very serious damage by permanent defects and not VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00391 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 382 7 CFR Ch. I (1–1–17 Edition) § 51.761 more than 3 percent for decay or wormy fruit. (2) U.S. No. 3. (i) For defects at shipping point. 1 Not more than 10 percent of the fruit in any lot may fail to meet the requirements of the grade: Provided, that included in this amount not more than 1 percent shall be for decay or wormy fruit. (ii) For defects en route or at destina tion. Not more than 12 percent of the fruit which fail to meet the require ments of the grade: Provided, that in cluded in this amount not more than the following percentages shall be al lowed for defects listed: (A) 10 percent for fruit having perma nent defects; or, (B) 3 percent for decay or wormy fruit. (b) Discoloration—(1) U.S. No. 1 Bright, U.S. No. 1, U.S. No. 2 Bright, and U.S. No. 2. Not more than 10 percent of the fruit in any lot may fail to meet the re quirements relating to discoloration as specified in each grade. No sample may have more than 20 percent of the fruit with excessive discoloration: And pro vided further, that the entire lot aver ages within percentage specified. (2) U.S. No. 1 Golden. Not more than 30 percent of the fruit shall have in ex cess of one-third of their surface, in the aggregate, affected by discoloration, and no part of any tolerance shall be allowed to increase this percentage. No sample may have more than 40 percent of the fruit with excessive discolora tion: And provided further, that the en tire lot averages within the percentage specified. (3) U.S. No. 1 Bronze, and U.S. No. 1 Russet. At least 30 percent of the fruit shall have in excess of one-third of the surface, in the aggregate, affected by discoloration, and no part of any toler ance shall be allowed to reduce this percentage. No sample may have less than 20 percent of the fruit with re quired discoloration: And provided fur ther, that the entire lot averages with in the percentage specified. (4) U.S. No. 2 Russet. At least 10 per cent of the fruit shall have in excess of one-half of the surface, in the aggre gate, affected by discoloration, and no part of any tolerance shall be allowed to reduce this percentage: And provided further, that the entire lot averages within the percentage specified. [61 FR 20703, May 8, 1996, as amended at 61 FR 40290, Aug. 2, 1996; 62 FR 2897, Jan. 21, 1997] APPLICATION OF TOLERANCES § 51.761 Application of tolerances. Individual samples are subject to the following limitations, unless otherwise specified in § 51.760. Individual samples shall have not more than one and one half times a specified tolerance of 10 percent or more, and not more than double a specified tolerance of less than 10 percent: Provided, that at least one decayed or wormy fruit may be permitted in any sample: And provided further, that the averages for the entire lot are within the tolerances specified for the grade. [62 FR 2897, Jan. 21, 1997] SIZE § 51.762 Size. (a) Fruits shall be fairly uniform in size and shall be packed in containers according to approved and recognized methods. (b) ‘‘Fairly uniform in size’’ means that not more than 10 percent of the grapefruit per sample may vary more than one-half inch in diameter. (c) In order to allow for variations in cident to proper sizing, not more than 10 percent of the samples in any lot may fail to meet the requirements of size. DEFINITIONS § 51.763 Similar varietal characteris tics. Similar varietal characteristics means that the fruits in any container are similar in color and shape. § 51.764 Well colored. Well colored means that the fruit has characteristic color for the variety with practically no trace of green color. § 51.765 Firm. Firm means that the fruit is not soft, or noticeably wilted or flabby, and the skin is not spongy or puffy. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00392 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 383 Agricultural Marketing Service, USDA § 51.775 § 51.766 Well formed. Well formed means that the fruit has the shape characteristic of the variety. § 51.767 Mature. Mature shall have the same meaning assigned the term in the Florida Citrus Code, Chapter 601, 1995 Edition, and the Official Rules Affecting the Florida Citrus Industry, in effect as of Feb ruary 12, 1995. These grapefruit matu rity requirements are contained in the Florida Citrus Code, Chapter 601, Flor ida Statutes, Sections 601.16, 601.17, and 601.18, 1995 Edition, and the State of Florida Department of Citrus Official Rules Affecting the Florida Citrus In dustry, Part 1, Chapter 20–13 Market Classification, Maturity Standards and Processing or Packing Restrictions for Hybrids in effect as of February 12, 1995. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from, Florida Depart ment of Citrus, Post Office Box 148, Lakeland, Florida 33802 or copies of both regulations may be inspected at USDA, AMS, F&VD, FPB, Standardiza tion Section, Room 2065–S, 14th and Independence Ave., Washington, DC 20250 or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/ federallregister/ codeloflfederallregulations/ ibrllocations.html. § 51.768 Smooth texture. Smooth texture means that the skin is thin and smooth for the variety and size of the fruit. ‘‘Thin’’ means that the skin thickness does not average more than 3⁄8 inch (9.5 mm), on a cen tral cross section, on grapefruit 41⁄8 inches (104.8 mm) in diameter. § 51.769 Injury. Injury means any specific defect de scribed in § 51.784, Table I; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which slightly detracts from the appearance, or the edible or marketing quality of the fruit. § 51.770 Discoloration. Discoloration means russeting of a light shade of golden brown caused by rust mite or other means. Lighter shades of discoloration caused by smooth or fairly smooth superficial scars or other means may be allowed on a greater area, or darker shades may be allowed on a lesser area, pro vided no discoloration caused by speck type melanose or other means may de tract from the appearance of the fruit to a greater extent than the shade and amount of discoloration allowed in the grade. § 51.771 Fairly well colored. Fairly well colored means that except for an aggregate area of green color which does not exceed the area of a cir cle 1 inch (25.4 mm) in diameter, the characteristic color predominates over the green color. § 51.772 Fairly smooth texture. Fairly smooth texture means that the skin is fairly thin and not coarse for the variety and size of the fruit. ‘‘Fair ly thin’’ means that the skin thickness does not average more than 1⁄2 inch (12.7 mm), on a grapefruit 41⁄8 inches (104.8 mm) in diameter. § 51.773 Damage. Damage means any specific defect de scribed in § 51.784, Table I; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materi ally detracts from the appearance, or the edible or marketing quality of the fruit. § 51.774 Fairly firm. Fairly firm means that the fruit may be slightly soft, but not bruised, and the skin is not spongy or puffy. § 51.775 Slightly misshapen. Slightly misshapen means that the fruit has fairly good shape char acteristic of the variety and is not more than slightly elongated or point ed or otherwise deformed. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00393 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 384 7 CFR Ch. I (1–1–17 Edition) § 51.776 § 51.776 Slightly rough texture. Slightly rough texture means that the skin may be slightly thick but not ex cessively thick, materially ridged or grooved. ‘‘Slightly thick’’ means that the skin thickness does not average more than 5⁄8 inch (15.9 mm), on a cen tral cross section, on a grapefruit 41⁄8 inches (104.8 mm) in diameter. § 51.777 Serious damage. Serious damage means any specific de fect described in § 51.784, Table I; 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 fruit. § 51.778 Slightly colored. Slightly colored means that except for an aggregate area of green color which does not exceed the area of a circle 2 inches (50.8 mm) in diameter, the fruit surface shows some characteristic color. § 51.779 Poorly colored. Poorly colored means that not more than 25 percent of the surface may be of a solid dark green color. § 51.780 Misshapen. Misshapen means that the fruit is de cidedly elongated, pointed, or flatsided. § 51.781 Slightly spongy. Slightly spongy means that the fruit is puffy or slightly wilted but not flab by. § 51.782 Very serious damage. Very serious damage means any spe cific defect described in § 51.784, Table I; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which very seriously detracts from the appearance, or the edible or marketing quality of the fruit. § 51.783 Diameter. Diameter means the greatest dimen sion measured at right angles to a line from stem to blossom end. § 51.784 Classification of defects. TABLE I Factor Injury Damage Serious damage Very serious damage Ammoniation ................ ...................................... Not occurring as light speck type. Scars are cracked or dark and aggregating more than a circle 1 inch (25.4 mm) in di ameter. Aggregating more than 25 percent of the sur face. Bruises ......................... Segment walls are col lapsed, or rag is rup tured and juice sacs are ruptured. Segment walls are col lapsed, or rag is rup tured and juice sacs are ruptured. Segment walls are col lapsed, or rag is rup tured and juice sacs are ruptured. Fruit is split open, peel is badly watersoaked, or rag is ruptured and juice sacs are ruptured causing a mushy condition af fecting all segments more than 3⁄4 inch (19.1 mm) at bruised area or the equiva lent of this amount, by volume, when af fecting more than one area on the fruit. Buckskin ....................... ...................................... Aggregating more than a circle 1–1⁄4 inches (31.8 mm) in diame ter. Aggregating more than 25 percent of the sur face. Aggregating more than 50 percent of the sur face. Caked melanose .......... ...................................... Aggregating more than a circle 3⁄4 inch (19.1 mm) in diameter. Aggregating more than a circle 1 inch (25.4 mm) in diameter. Aggregating more than 25 percent of the sur face. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00394 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 385 Agricultural Marketing Service, USDA § 51.784 TABLE I—Continued Factor Injury Damage Serious damage Very serious damage Dryness or mushy con dition. ...................................... Affecting all segments more than 1⁄4 inch (6.4 mm) at stem end, or the equiva lent of this amount, by volume, when oc curring in other por tions of the fruit. Affecting all segments more than 1⁄2 inch (12.7 mm) at stem end, or the equiva lent of this amount, by volume, when oc curring in other por tions of the fruit. Affecting all segments more than 3⁄4 inch (19.1 mm) at stem end, or the equiva lent of this amount, by volume, when oc curring in other por tions of the fruit. Green spots ................. Aggregating more than a circle 1⁄2 inch (12.7 mm) in diameter, caused by scale. Aggregating more than a circle 3⁄4 inch (19.1 mm) in diameter, caused by scale. Aggregating more than a circle 1 inch (25.4 mm) in diameter, caused by scale. Aggregating more than 1⁄3 of the surface, caused by scale. Oil spots ....................... Aggregating more than a circle 1⁄2 inch (12.7 mm) in diameter. Aggregating more than a circle 1 inch (25.4 mm) in diameter. Aggregating more than a circle 11⁄2 inches (38.1 mm) in diame ter. Aggregating more than 1⁄3 of the surface. Scab ............................. ...................................... Materially detracts from the shape or texture, or aggregating more than a circle 3⁄4 inch (19.1 mm) in diame ter. Seriously detracts from the shape or texture, or aggregating more than a circle 7⁄8 inch (22.2 mm) in diame ter. Aggregating more than 25 percent of the sur face. Scale ............................ More than a few adja cent to the ‘‘button’’ at the stem end, or more than 6 scat tered on other por tions of the fruit. Blotch aggregating more than a circle 3⁄4 inch (19.1 mm) in di ameter, or occurring as a ring more than a circle 13⁄4 inches (31.8 mm) in diame ter. Blotch aggregating more than a circle 1 inch (25.4 mm) in di ameter, or occurring as a ring more than a circle 11⁄2 inches (38.1 mm) in diame ter.. Aggregating more than 25 percent of the sur face. Scars, Hail, or Thorn scratches [For smooth or fairly smooth superficial scars see § 51.770.]. Depressed, not smooth, or detracts from ap pearance more than the amount of discol oration permitted in the grade. Very deep or very rough aggregating more than a circle 1⁄2 inch (12.7 mm) in di ameter; deep or rough aggregating more than a circle 1 inch (25.4 mm) in di ameter; slightly rough or of slight depth ag gregating more than 10 percent of fruit surface. Very deep or very rough aggregating more than a circle 1 inch (25.4 mm) in di ameter; deep or rough aggregating more than 5 percent of fruit surface; slight depth or slightly rough aggregating more than 15 percent of fruit surface. Very deep or very rough or unsightly that appearance is very seriously af fected. Skin breakdown ........... Aggregating more than a circle 3⁄8 inch (9.5 mm) in diameter. Aggregating more than a circle 3⁄4 inch (19.1 mm) in diameter. Aggregating more than a circle 1 inch (25.4 mm) in diameter. Aggregating more than 25 percent of the sur face. Sprayburn .................... ...................................... Aggregating more than a circle 3⁄4 inch (19.1 mm) in diameter. Hard and aggregating more than a circle 11⁄2 inches (38.1 mm) in diameter. Aggregating more than 25 percent of the sur face. Sprouting ...................... ...................................... More than six seeds have sprouts of more than 1⁄4 inch (6.4 mm) in length, or more than 3 seeds with sprouts over 3⁄4 inch (19.1 mm) in length. More than six seeds have sprouts of more than 1⁄2 inch (12.7 mm) in length, or more than 3 seeds with sprouts over 1 inch (25.4 mm) in length. More than six seeds have sprouts of more than 3⁄4 inch (19.1 mm) in length, or more than 3 seeds with sprouts over 11⁄4 inches (31.8 mm) in length. Sunburn ....................... ...................................... Skin is flattened, dry, darkened, or hard and the affected area exceeds 25 percent of the surface. Skin is hard and affects more than one-third of the surface. Aggregating more than 50 percent of the sur face. Note: All references to area or aggregating area, or length in this standard are based on a grapefruit 41⁄8 inches (104.8 mm) in diameter, allowing proportionately greater areas on larger fruit and lesser areas on smaller fruit. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00395 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 386 7 CFR Ch. I (1–1–17 Edition) § 51.880 1 Packing of the product in conformity with the requirements of these standards shall not excuse failure to comply with the provisions of the Federal Food, Drug, and Cosmetic Act or with applicable State laws and regulations. Subpart—United States Standards for Grades of Table Grapes (European or Vinifera Type) 1 GRADES § 51.880 U.S. Extra Fancy Table. ‘‘U.S. Extra Fancy Table’’ consists of bunches of well developed grapes of one variety, except when designated as as sorted varieties, which are uniform in appearance, well colored, and which meet the following requirements: (a) Basic requirements for berries: (1) Mature; (2) Firm; (3) Firmly attached to capstem; (4) Not weak; (5) Not shriveled at capstem; (6) Not shattered; (7) Not split or crushed; (8) Not wet. (b) Basic requirements for bunches: (1) Fairly well filled; (2) Not excessively tight for the vari ety. (c) Basic requirements for stems: (1) Well developed and strong; (2) Not dry and brittle; (3) At least yellowish-green in color except for Cardinal, Robin, Exotic, and Beauty Seedless varieties. (d) Berries free from: (1) Decay; (2) Waterberry; (3) Sunburn; (4) Almeria Spot. (e) Stems free from: (1) Mold; (2) Decay. (f) Berries not damaged by: (1) Any other cause. (g) Bunches not damaged by: (1) Shot berries; (2) Dried berries; (3) Other defective berries; (4) Trimming away of defective ber ries; (5) Any other cause. (h) Stems not damaged by: (1) Freezing; (2) Any other cause. (i) Size: (1) For berries: Exclusive of shot ber ries and dried berries, not less than 90 percent, by count, of the berries on each bunch shall have the minimum di ameters indicated for varieties as fol lows: (i) Ribier, Cardinal, Robin, Exotic, Queen, Italia Muscat, and other similar varieties thirteen-sixteenths of an inch. (ii) Other varieties eleven-sixteenths of an inch. (2) For bunches: (i) Not less than one-half pound. (j) For tolerances see § 51.886. [36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981, and amended at 56 FR 15802, Apr. 18, 1991] § 51.881 U.S. Extra Fancy Export. ‘‘U.S. Extra Fancy Export’’ consists of grapes which meet the requirements for U.S. Extra Fancy Table and, in ad dition, meet the packaging require ments set forth in § 51.911. [36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981] § 51.882 U.S. Fancy Table. ‘‘U.S. Fancy Table’’ consists of bunches of well developed grapes of one variety, except when designated as as sorted varieties, which are at least rea sonably well colored, uniform in ap pearance when so specified in connec tion with the grade, and which meet the following requirements: (a) Basic requirements for berries: (1) Mature; (2) Firm; (3) Firmly attached to capstem; (4) Not weak; (5) Not shriveled at capstem; (6) Not shattered; (7) Not split or crushed; (8) Not wet. (b) Basic requirements for bunches: (1) Fairly well filled; (2) Not excessively tight for the vari ety. (c) Basic requirements for stems: (1) Well developed and strong; (2) Not dry and brittle. (d) Berries free from: (1) Decay; (2) Waterberry; (3) Sunburn; VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00396 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 387 Agricultural Marketing Service, USDA § 51.884 (4) Almeria Spot. (e) Stems free from: (1) Mold; (2) Decay. (f) Berries not damaged by: (1) Any other cause. (g) Bunches not damaged by: (1) Shot berries; (2) Dried berries; (3) Other defective berries; (4) Trimming away of defective ber ries; (5) Any other cause. (h) Stems not damaged by: (1) Freezing; (2) Any other cause. (i) Size: (1) For berries: Exclusive of shot ber ries and dried berries, the following percentages, by count, of the berries on each bunch shall have the minimum di ameters indicated for varieties as fol lows: (i) For Ribier, Cardinal, Robin, Ex otic, Queen, Italia Muscat, and other similar varieties, 90 percent shall be at least twelve-sixteenths of an inch; (ii) For Thompson Seedless, Perlette, Delight, Beauty Seedless, Sugraone, Flame Seedless and other seedless vari eties, 75 percent shall be at least ten sixteenths of an inch; and, (iii) For other varieties 90 percent shall be at least ten-sixteenths of an inch. (2) For bunches: (i) Not less than one-fourth pound. (j) For tolerances see § 51.886. [36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981, and amended at 48 FR 19350, Apr. 29, 1983; 56 FR 15802, Apr. 18, 1991; 64 FR 14576, Mar. 26, 1999] § 51.883 U.S. Fancy Export. ‘‘U.S. Fancy Export’’ consists of grapes which meet the requirements for U.S. Fancy Table, except that bunches shall weigh not less than one half pound, and in addition meet the packaging requirements set forth in § 51.912. [36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981, and amended at 56 FR 15802, Apr. 18, 1991] § 51.884 U.S. No. 1 Table. ‘‘U.S. No. 1 Table’’ consists of bunches of well developed grapes of one variety, except when designated as as sorted varieties, which are at least fairly well colored, uniform in appear ance when so specified in connection with the grade, and which meet the fol lowing requirements: (a) Basic requirements for berries: (1) Mature; (2) Firm; (3) Firmly attached to capstem; (4) Not weak; (5) Not materially shriveled at capstem; (6) Not shattered; (7) Not split or crushed; (8) Not wet. (b) Basic requirements for bunches: (1) Not straggly. (c) Basic requirements for stems: (1) Not weak, or dry and brittle. (d) Berries free from: (1) Decay; (2) Waterberry; (3) Sunburn. (e) Stems free from: (1) Mold; (2) Decay. (f) Berries not damaged by: (1) Any other cause. (g) Bunches not damaged by: (1) Shot berries; (2) Dried berries; (3) Other defective berries; (4) Trimming away of defective ber ries; (5) Any other cause. (h) Stems not damaged by: (1) Freezing; (2) Any other cause. (i) Size: (1) For berries: Exclusive of shot ber ries and dried berries, 75 percent, by count, of the berries on each bunch shall have the minimum diameters in dicated for varieties as follows: (i) Thompson Seedless, Perlette, De light, Beauty Seedless, Sugraone, Flame Seedless and other seedless vari eties nine-sixteenths of an inch. (ii) Other varieties ten-sixteenths of an inch. (2) For bunches: (i) Not less than one-fourth pound. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00397 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 388 7 CFR Ch. I (1–1–17 Edition) § 51.885 (j) For tolerances see § 51.886. [36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981, and amended at 48 FR 19350, Apr. 29, 1983; 56 FR 15802, Apr. 18, 1991; 64 FR 14576, Mar. 26, 1999] § 51.885 U.S. No. 1 Institutional. ‘‘U.S. No. 1 Institutional’’ grapes must have no less than 95 percent of the containers in the lot legibly marked ‘‘Institutional Pack.’’ Further requirements for this grade include grapes which consist of clusters and/or bunches of well developed grapes of one variety, except when designated as as sorted varieties, which are at least fairly well colored, uniform in appear ance when so specified in connection with the grade, and which meet the fol lowing requirements: (a) Basic requirements for berries: (1) Mature; (2) Firm; (3) Firmly attached to capstem; (4) Not weak; (5) Not materially shriveled at capstem; (6) Not shattered; (7) Not split or crushed; (8) Not wet. (b) Basic requirements for stems: Not weak, or dry and brittle. (c) Berries free from: (1) Decay; (2) Waterberry; (3) Sunburn. (d) Stems free from: (1) Mold; (2) Decay. (e) Berries not damaged by: Any other cause. (f) Bunches not damaged by: (1) Shot berries; (2) Dried berries; (3) Other defective berries; (4) Any other cause. (g) Stems not damaged by: (1) Freezing; (2) Any other cause. (h) Size: (1) For berries: Exclusive of shot ber ries and dried berries, 75 percent, by count, of the berries on each bunch shall have the minimum diameters in dicated for varieties as follows: (i) Thompson Seedless, Perlette, De light, Beauty Seedless, Sugraone, Flame Seedless and other seedless vari eties nine-sixteenths of an inch. (ii) Other varieties ten-sixteenths of an inch. (2) For clusters/bunches: In this grade grapes shall consist of at least a two berry cluster ranging to clusters and/or bunches of grapes not greater than five ounces in weight. See section 51.913. (i) For tolerances see section 51.886. [61 FR 11126, Mar. 19, 1996, as amended at 64 FR 14576, Mar. 26, 1999] TOLERANCES § 51.886 Tolerances. (a) No tolerances are provided in these standards for grapes which fail to meet the applicable maturity require ments other than the allowances speci fied in § 51.888 or in the sampling and testing procedures of State maturity regulations. (b) In order to allow for variations in cident to proper grading and handling in each of the foregoing grades except U.S. No. 1 Institutional, tolerances, by weight, other than for maturity, are provided as set forth in Tables I and II. TABLE I—TOLERANCES AT SHIPPING POINT 1 [Percent] Factor U.S. Extra fancy table U.S. Fancy table U.S. No. 1 table (A) For bunches failing to meet color requirements ............................................................................. 10 10 10 (B) For bunches failing to meet requirements for minimum diameter of berries ................................. 10 10 10 (C) For bunches failing to meet stem color requirements .................................................................... 10 (D) For offsize bunches and for bunches and berries failing to meet the remaining requirements for the grade ............................................................................................................................................ 8 8 8 Including in (D): (a) For serious damage ............................................................................................ 2 2 2 VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00398 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 389 Agricultural Marketing Service, USDA § 51.887 TABLE I—TOLERANCES AT SHIPPING POINT 1—Continued [Percent] Factor U.S. Extra fancy table U.S. Fancy table U.S. No. 1 table And, including in (a): (i) For decay ................................................................................ 1⁄2 of 1 1⁄2 of 1 1⁄2 of 1 1 Shipping Point, as used in these standards, means the point of origin of the shipment in the producing area or at port of load ing for ship stores or overseas shipment, or, in the case of shipments from outside the continental United States, the port of entry into the United States. TABLE II—TOLERANCES EN ROUTE OR AT DESTINATION (A) For bunches failing to meet color requirements ................................................ 10 10 10 (B) For bunches failing to meet requirements for minimum diameter of berries .... 10 10 10 (C) For bunches failing to meet stem color requirements ...................................... 10 (D) For offsize bunches and for bunches and berries failing to meet the remain ing requirements for the grade ............................................................................ 12 12 12 Including in (D): (a) For permanent defects .......................................................... 8 8 8 (b) For serious damage .............................................................. 4 4 4 And, including in (b): (i) For serious damage by permanent defects 2 2 2 (ii) For decay .................................................. 1 1 1 (c) In order to allow for variations in cident to proper grading and handling in the U.S. No. 1 Institutional grade only, tolerances, by weight, other than for maturity, are provided as set forth in Tables Ia and IIa of this section. TABLE IA—TOLERANCES AT SHIPPING POINT FOR U.S. NO. 1 INSTITUTIONAL GRADE ONLY 1 [Percent] Factor U.S. No. 1 in-stitutional (A) For clusters/bunches failing to meet color requirements. 10. (B) For clusters/bunches failing to meet re quirements for minimum diameter of ber ries. 10. (C) For offsize clusters/bunches ................... 4. (D) For clusters/bunches and berries failing to meet the remaining requirements for the grade. 8. Including in (D): (a) For serious damage .......................... 2 And, including in (a): (i) For decay .................................................. 1⁄2 of 1. 1Shipping point, as used in these standards, means the point of origin of the shipment in the producing area or at port of loading for ship stores or overseas shipment, or, in the case of shipments from outside the continental United States, the port of entry into the United States. TABLE IIA—TOLERANCES EN ROUTE OR AT DES TINATION FOR U.S. NO. 1 INSTITUTIONAL GRADE ONLY Factor U.S. No. 1 institu tional (A) For clusters/bunches failing to meet color re quirements ........................................................... 10. (B) For clusters/bunches failing to meet require ments for minimum diameter of berries ............... 10. (C) For offsize clusters/bunches ............................. 4. (D) For clusters/bunches and berries failing to meet the remaining requirements for the grade .. 12. Including in (D): (a) For permanent defects ............................... 8. (b) For serious damage .................................... 4. And, including in (b): (i) For serious damage by permanent defects ............................................ 2. (ii) For decay ...................................... 1. [36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981, and amended at 52 FR 22437, June 12, 1987. Redes ignated and amended at 56 FR 15802, Apr. 18, 1991; 61 FR 11127, Mar. 19, 1996] APPLICATION OF TOLERANCES § 51.887 Application of tolerances. The contents of the individual pack ages in any lot, based on sample in spection, are subject to the following VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00399 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 390 7 CFR Ch. I (1–1–17 Edition) § 51.888 limitations: Provided, That the aver ages for the entire lot are within the tolerances specified for the grade: (a) For tolerances of 10 percent or more, individual packages may contain not more than one and one-half times the specified tolerance. (b) For a tolerance of less than 10 percent, individual packages may con tain not more than double the specified tolerance. [36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981. Redesig nated at 56 FR 15802, Apr. 18, 1991] MATURITY REQUIREMENTS § 51.888 Maturity requirements. (a) In the case of grapes grown in Ari zona or California, ‘‘mature’’ means grapes in any lot shall meet the matu rity requirements for the variety as set forth in the applicable State Agricul tural Laws and Regulations referenced in this section. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from, in the case of Arizona maturity regulations, Arizona Department of Agriculture, Citrus, Fruit and Vegetable Standard ization, 1688 W. Adams, Phoenix, AZ 85007 or in the case of California matu rity regulations, California Depart ment of Food and Agriculture, Fruit and Vegetable Quality Control, Stand ardization Section, 1220 N Street, P.O. Box 942871, Sacramento, California 94271–0001 or copies of both regulations may be inspected at USDA, AMS, F&VD, FPB, Standardization Section, Room 2065–S, 14th and Independence Avenue, Washington, DC 20250 or at the National Archives and Records Admin istration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http:// www.archives.gov/federallregister/ codeloflfederallregulations/ ibrllocations.html. (1) Arizona maturity regulations are contained in Chapter 4—Plant Services Division, Article 7, Fruit And Vege table Standardization, Section R3–4–733 Table Grape Standards, Effective Janu ary 6, 1994. (2) California maturity regulations are contained in The California Code of Regulations, Title 3, Subchapter 4. Fresh Fruits, Nuts and Vegetables, Ar ticle 25, Table Grapes and Raisins, No vember 16, 1996. (b) Grapes subject to U.S. import reg ulations shall meet the maturity re quirements specified in such regula tions. (c) Grapes produced in States other than Arizona or California, or grapes imported from countries outside the United States during periods in which U.S. import regulations do not apply, shall meet the minimum percentage of soluble solids set forth in Table III as determined by use of a standard hand refractometer. TABLE III Variety Percent of soluble solids Muscat ................................................................... 17.5 All varieties not listed in this table ......................... 16.5 Cardinal, Emperor, Perlette, Ribier, Olivette Blanche, Rish Baba, Red Malaga, and similar varieties .............................................................. 15.5 (1) The minimum percentage of solu ble solids for any lot shall be deter mined from the juice of at least 10 per cent, by weight, of whole bunches of the least mature grapes in that con tainer which appears to have the least mature grapes. No lot shall be consid ered as failing to meet these require ments unless samples from two con tainers which appear to have the least mature grapes test below the required percentage of soluble solids. [48 FR 19350, Apr. 29, 1983, as amended at 52 FR 22437, June 12, 1987. Redesignated at 56 FR 15802, Apr. 18, 1991; 61 FR 11127, Mar. 19, 1996; 64 FR 14577, Mar. 26, 1999] DEFINITIONS § 51.889 Well developed grapes. Well developed grapes means grapes which are not abnormally small for the variety. [36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981. Redesig nated at 56 FR 15802, Apr. 18, 1991] VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00400 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 391 Agricultural Marketing Service, USDA § 51.895 § 51.890 One variety. One variety means that the grapes show similar varietal characteristics. [36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981. Redesig nated at 56 FR 15802, Apr. 18, 1991] § 51.891 Uniform in appearance. Uniform in appearance means that not more than one-tenth of the containers in any lot show sufficient variation in color or size of berries to materially detract from the appearance of the con tents of the individual container, and that the stems are well developed and strong. [36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981. Redesig nated at 56 FR 15802, Apr. 18, 1991] § 51.892 Color terms. The color terms well colored, reason ably well colored, and fairly well colored are defined in Table IV. TABLE IV Color terms Black varieties Red varieties White varieties Well colored (U.S. Extra Fancy). Each bunch shall have not less than 95 percent, by count, of berries showing good characteristic color. 1 Each bunch shall have not less than 75 percent, by count, of berries showing good characteristic color. 1 No requirement. Reasonably well colored (U.S. Fancy). Each bunch shall have not less than 85 percent, by count, of berries showing good characteristic color. 1 Each bunch shall have not less than 662⁄3 percent, by count, of berries showing good characteristic color 1 except the Tokay and Cardinal vari eties shall have not less than 75 percent, by count, of berries show ing characteristic color. 2 No requirement. Fairly well colored (U.S. No. 1). Each bunch shall have not less than 75 percent, by count, of berries showing characteristic color. 2 Each bunch shall have not less than 60 percent, by count, of berries showing characteristic color. 2 No requirement. 1 Good characteristic color for black varieties means purple to black except that Ribier or similar varieties of grapes shall have at least two-thirds of the surface of the berry showing purple to black color. For red varieties good characteristic color means at least two-thirds of the surface of the berry is light red through dark red color; except, for the Tokay variety pink through dark red, and for the Cardinal variety light red through purple shall be permitted. 2 Characteristic color for black varieties means reddish-purple to black except that Ribier or similar varieties of grapes shall have at least two-thirds of the surface of the berry showing reddish-purple to black color. For red varieties characteristic color means at least two-thirds of the surface of the berry is pink to dark red; except, for the Tokay variety light pink through dark red and for the Cardinal variety light pink through purple color shall be permitted. [36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981. Redesig nated at 56 FR 15802, Apr. 18, 1991] § 51.893 Firm. Firm means that the berry does not yield more than slightly to moderate pressure and is not flabby or wilted. [36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981. Redesig nated at 56 FR 15802, Apr. 18, 1991] § 51.894 Weak. Weak means that individual berries are somewhat translucent, watery and soft, may have relatively low sugar content, inferior flavor, or are of poor keeping quality. [36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981. Redesig nated at 56 FR 15802, Apr. 18, 1991] § 51.895 Shriveled at capstem. Shriveled at capstem means that the berry shows more than slight wrin kling of the skin surrounding the capstem. [36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981. Redesig nated at 56 FR 15802, Apr. 18, 1991] VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00401 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 392 7 CFR Ch. I (1–1–17 Edition) § 51.896 § 51.896 Shattered. Shattered means that the berry is sep arated from the bunch and may or may not have the capstem attached. [36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981. Redesig nated at 56 FR 15802, Apr. 18, 1991] § 51.897 Wet. Wet means that the grapes are wet from moisture from crushed, leaking, or decayed berries or from rain. Grapes which are moist from dew or other moisture condensation such as that re sulting from removing grapes from a refrigerator car or cold storage to a warmer location shall not be consid ered as wet. [36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981. Redesig nated at 56 FR 15802, Apr. 18, 1991] § 51.898 Decay. Decay means any soft breakdown of the flesh or skin of the berry resulting from bacterial or fungus infection. Slight surface development of green mold (Cladosporium) shall not be con sidered decay. [36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981. Redesig nated at 56 FR 15802, Apr. 18, 1991] § 51.899 Waterberry. Waterberry means a watery, soft, or flabby condition of the berry. Affected berries are low in sugar content, have tender skins, and are easily crushed. This is an advanced or more pro nounced stage of the condition referred to as ‘‘weak’’. [36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981. Redesig nated 56 FR 15802, Apr. 18, 1991] § 51.900 Sunburn. Sunburn means injury to the berry caused by exposure to the sun, includ ing ‘‘sulphur burn,’’ usually occurring as a sunken and discolored or dried area on the exposed surface. [36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981. Redesig nated at 56 FR 15802, Apr. 18, 1991] § 51.901 Damage. Damage means any specific defect de scribed in this section; or an equally objectionable variation of any one of these defects, or any other defect, or any combination of defects which ma terially detracts from the appearance, or the edible or marketing quality of the individual berry, the appearance of the bunch as a whole, or the marketing quality of the stems. (a) The following shall be considered as damage to the individual berry: (1) Scarring such as that caused by thrips, mildew, rubs, and similar inju ries when materially detracting from the appearance of the berry; (2) Discoloration when any light brown, tan, or darker discoloration of the skin materially detracts from the appearance of the berry: Provided, That ‘‘sunkissed’’ berries of the white Mal aga variety which show discoloration of amber or light brown color shall not be considered as damaged. ‘‘Buckskin’’ berries of the Tokay variety, and simi lar injury to other varieties, shall be considered as damaged by discolora tion; (3) Heat when the flesh of the berry is affected; (4) Almeria Spot when any spot is distinctly sunken or dark in color; (5) Mildew when active powdery mil dew is present; (6) Freezing when the berry is frozen or when the flesh of the berry is af fected by freezing; (7) Insect injury when penetrating the skin of the berry or when there is noticeable insect infestation on the bunch; when mealybug residue or aphis honeydew are present in noticeable amounts; or when leafhopper residue materially detracts from the appear ance of the individual berry or of the bunch. (b) The following shall be considered as damage to stems: (1) Active powdery mildew or any other disease when present on the stems to the extent that it detracts VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00402 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 393 Agricultural Marketing Service, USDA § 51.910 from the appearance of the bunch or when scars caused by mildew or other disease constrict or weaken any part of the main or lateral stems; and, (2) Freezing when the stems are fro zen or the capstems are swollen or dried, or when the main or lateral stems are water-soaked and limp, or dried, as a result of freezing. [36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981. Redesig nated at 56 FR 15802, Apr. 18, 1991] § 51.902 Fairly well filled. Fairly well filled means that the ber ries are reasonably closely spaced on main and lateral stems and that the bunch is not very loose or stringy. [36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981. Redesig nated at 56 FR 15802, Apr. 18, 1991] § 51.903 Excessively tight. Excessively tight means that the ber ries are so wedged together that the bunch is extremely compact for the va riety and resulting distorted berries materially detract from the appear ance of the bunch. [36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981. Redesig nated at 56 FR 15802, Apr. 18, 1991] § 51.904 Shot berries. Shot berries means very small berries resulting from insufficient pollination, usually seedless in those varieties which normally develop seeds. [36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981. Redesig nated at 56 FR 15802, Apr. 18, 1991] § 51.905 Dried berries. Dried berries means berries which are dry and shriveled to the extent that practically no moisture is present. [36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981. Redesig nated at 56 FR 15802, Apr. 18, 1991] § 51.906 Well developed and strong. Well developed and strong means that the main and lateral stems are firm, fi brous, and pliable; not distinctly im mature or spindly or threadlike at time of packing. [36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981. Redesig nated at 56 FR 15802, Apr. 18, 1991] § 51.907 Diameter. Diameter means the greatest dimen sion of the berry taken at right angles to a line running from the stem to the blossom end. [36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981. Redesig nated at 56 FR 15802, Apr. 18, 1991] § 51.908 Serious damage. Serious damage means any defect or any combination of defects which seri ously detracts from the appearance, or the edible or marketing quality of the grapes and includes berries which are split, crushed, wet, affected by decay or waterberry, or affected by heat or freezing. Grapes which show healed cracks at the blossom and shall not be considered as seriously damaged. [36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981. Redesig nated at 56 FR 15802, Apr. 18, 1991] § 51.909 Materially shriveled at capstem. Materially shriveled at capstem means that the skin of the berry is definitely wrinkled adjacent to the capstem and the surface is materially sunken. [36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981. Redesig nated at 56 FR 15802, Apr. 18, 1991] § 51.910 Straggly. Straggly means that the berries are so widely spaced on main and laterial stems that the bunch is distinctly open or very stemmy or stringy in struc ture. [36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981. Redesig nated at 56 FR 15802, Apr. 18, 1991] VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00403 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 394 7 CFR Ch. I (1–1–17 Edition) § 51.911 § 51.911 Container. Container as used in these standards shall, for the purposes of determining maturity and other factors of grade of grapes in packages containing 5 pounds or less, mean the master container in which the individual packages are packed for shipment. [52 FR 22437, June 12, 1987. Redesignated at 56 FR 15802, Apr. 18, 1991] § 51.912 Export. When designated as Export, grapes shall be packed with any of the cus tomary protective materials such as cushions, liners, or wraps, or properly packed in sawdust or granulated cork. The so-called ‘‘semi-sawdust packs’’ which are cushioned and/or covered with sawdust are not approved as pro tective packaging for export. [36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981. Redesig nated at 56 FR 15802, Apr. 18, 1991] § 51.913 Clusters. Clusters as used in these standards in reference to the U.S. No. 1 Institu tional grade only shall be defined as two or more berries sharing a common point of attachment. [61 FR 11127, Mar. 19, 1996] METRIC CONVERSION TABLE § 51.914 Metric conversion table. Inches Millimeters (mm) 3⁄16 equals .......................................................... 12.7 9⁄16 equals .......................................................... 14.3 10⁄16 equals ........................................................ 15.9 11⁄16 equals ........................................................ 17.5 12⁄16 equals ........................................................ 19.1 13⁄16 equals ........................................................ 20.6 14⁄16 equals ........................................................ 22.2 15⁄16 equals ........................................................ 28.8 1 equals ............................................................. 25.4 Pounds Grams 1⁄4 equals ........................................................... 113.4 1⁄2 equals ........................................................... 226.8 3⁄4 equals ........................................................... 340.2 1 equals ............................................................. 453.6 2 equals ............................................................. 907.2 3 equals ............................................................. 1,360.8 4 equals ............................................................. 1,814.4 5 equals ............................................................. 2,268.0 10 equals ........................................................... 4,536.0 [36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981. Redesig nated at 56 FR 15802, Apr. 18, 1991, and fur ther redesignated at 61 FR 11127, Mar. 19, 1996] Subpart—United States Standards for Persian (Tahiti) Limes SOURCE: 23 FR 4446, June 20, 1958, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. GRADES § 51.1000 U.S. No. 1. ‘‘U.S. No. 1’’ consists of Persian limes which are firm, fairly well formed, of fairly smooth texture, which are free from decay, stylar end breakdown or other internal discoloration, broken skins which are not healed, bruises (ex cept those incident to proper handling and packing), hard or dry skins, and free from damage caused by freezing, dryness or mushy condition, sprayburn, exanthema (ammoniation), scars, thorn scratches, scale, sunburn, scab, blanch ing, yellow color, discoloration, buck skin, dirt or other foreign material, disease, insects or mechanical or other means. (a) Each fruit in this grade shall have not less than an aggregate area of three-fourths of the surface of the fruit which shows good green color char acteristic of the Persian lime: Provided, That lots of limes which fail to meet the U.S. No. 1 grade requirements only because of blanching shall be des ignated as ‘‘U.S. No. 1, Mixed Color’’: And provided further, That lots of limes which fail to meet the U.S. No. 1 or U.S. No. 1 Mixed Color grade require ments only because of turning yellow or yellow color, caused by the ripening process, shall be designated as ‘‘U.S. No. 1, Turning’’. (b) The fruit shall have a juice con tent of not less than 42 percent, by vol ume. (c) In order to allow for variations in cident to proper grading and handling, not more than 10 percent, by count, of the fruit in any lot may fail to meet the color requirements. In addition, not more than 10 percent, by count, of the fruit in any lot may be below the VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00404 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 395 Agricultural Marketing Service, USDA § 51.1002 remaining requirements of this grade, but not more than one-half of this amount, or 5 percent, shall be allowed for decay, stylar end breakdown, bro ken skins which are not healed, or de fects causing serious damage including not more than one-half of 1 percent for decay at shipping point: Provided, That an additional tolerance of 21⁄2 percent, or a total of not more than 3 percent, shall be allowed for decay en route or at destination. § 51.1001 U.S. Combination. ‘‘U.S. Combination’’ consists of a combination of U.S. No. 1 and U.S. No. 2 limes: Provided, That at least 60 per cent, by count, of the limes in the lot meet the requirements of U.S. No. 1 grade. (a) In this grade the U.S. No. 1 limes shall meet the color requirements of the U.S. No. 1 grade and the U.S. No. 2 limes shall meet the color require ments of the U.S. No. 2 grade: Provided, That lots of limes which fail to meet the U.S. Combination grade require ments only because of blanching shall be designated as ‘‘U.S. Combination, Mixed Color’’: And provided further, That lots of limes which fail to meet the U.S. Combination or U.S. Combina tion Mixed Color grade requirements only because of turning yellow or yel low color, caused by the ripening proc ess, shall be designated as ‘‘U.S. Com bination, Turning’’. (b) In order to allow for variations in cident to proper grading and handling, not more than 10 percent, by count, of the fruit in any lot may fail to meet the color requirements. In addition, not more than 10 percent, by count, of the fruit in any lot may be below the remaining requirements of the lower grade in the combination, but not more than one-half of this amount, or 5 per cent, shall be allowed for limes affected by decay, stylar end breakdown and broken skins which are not healed, in cluding not more than one-half of 1 percent for decay at shipping point: Provided, That an additional tolerance of 21⁄2 percent, or a total of not more than 3 percent, shall be allowed for decay en route or at destination. (c) No part of the above tolerances shall be allowed to reduce for the lot as a whole, the 60 percent of U.S. No. 1 limes required in the U.S. Combination grade, but individual containers may have not less than 50 percent of the higher grade. § 51.1002 U.S. No. 2. ‘‘U.S. No. 2’’ consists of Persian limes which are fairly firm, which are not badly deformed, and not of excessively rough texture, which are free from decay, stylar end breakdown or other internal discoloration, broken skins which are not healed, bruises (except those incident to proper handling and packing), and hard or dry skins, and free from serious damage caused by freezing, dryness or mushy condition, sprayburn, exanthema (ammoniation), scars, thorn scratches, scale, sunburn, scab, blanching, yellow color, discol oration, buckskin, dirt or other foreign material, disease, insects or mechan ical or other means. (a) Each fruit in this grade shall have not less than an aggregate area of one half of the surface of the fruit which shows good green color characteristic of the Persian lime: Provided, That lots of limes which fail to meet the U.S. No. 2 grade requirements only because of blanching shall be designated as ‘‘U.S. No. 2, Mixed Color’’; And provided fur ther, That lots of limes which fail to meet the U.S. No. 2 or U.S. No. 2 Mixed Color grade requirements only because of turning yellow or yellow color, caused by the ripening process, shall be designated as ‘‘U.S. No. 2, Turning’’. (b) The fruit shall have a juice con tent of not less than 42 percent, by vol ume. (c) In order to allow for variations in cident to proper grading and handling, not more than 10 percent, by count, of the fruit in any lot may fail to meet the color requirements. In addition, not more than 10 percent, by count, of the fruit in any lot may be below the remaining requirements of this grade, but not more than one-half of this amount, or 5 percent, shall be allowed for decay, stylar end breakdown, and broken skins which are not healed, in cluding not more than one-half of 1 percent for decay at shipping point: Provided, That an additional tolerance of 21⁄2 percent, or a total of not more than 3 percent, shall be allowed for decay en route or at destination. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00405 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 396 7 CFR Ch. I (1–1–17 Edition) § 51.1003 UNCLASSIFIED § 51.1003 Unclassified. ‘‘Unclassified’’ consists of Persian limes which have not been classified in accordance with any of the foregoing grades. The term ‘‘unclassified’’ is not a grade within the meaning of these standards but is provided as a designa tion to show that no grade has been ap plied to the lot. APPLICATION OF TOLERANCES § 51.1004 Application of tolerances. (a) The contents of individual pack ages in the lot, based on sample inspec tion, are subject to the following limi tations: Provided, That the averages for the entire lot are within the tolerances specified for the grade: (1) For packages which contain more than 3 pounds and a tolerance of 10 per cent or more is provided, individual packages in any lot shall have not more than one and one-half times the tolerance specified. For packages which contain more than 3 pounds and a tolerance of less than 10 percent is provided, individual packages in any lot shall have not more than double the tolerance specified, except that at least one decayed fruit may be permitted in any package; and, (2) For packages which contain 3 pounds or less, individual packages in any lot are not restricted as to the per centage of defects: Provided, That not more than 10 percent of the packages may have more than one decayed fruit. STANDARD PACK § 51.1005 Standard pack. (a) Fruit shall be fairly uniform in size, and when place packed in crates or cartons, the fruit shall be arranged according to the approved and recog nized methods. (b) All packages shall be well filled but the contents shall not show exces sive or unnecessary bruising because of over-filled packages. (c) ‘‘Fairly uniform in size’’ means that not more than 10 percent, by count of the fruit in any container may vary more than four-sixteenths of an inch in diameter. (d) In order to allow for variations, other than sizing, incident to proper packing, not more than 5 percent of the packages in any lot may fail to meet the requirements of standard pack. DEFINITIONS § 51.1006 Firm. Firm means that the fruit is not soft or flabby. § 51.1007 Fairly well formed. Fairly well formed means that the fruit shows normal characteristic shape for the Persian variety and is not materially flattened on one side. § 51.1008 Fairly smooth texture. Fairly smooth texture means that the fruit is comparatively free from lumpiness and that pebbling is not ab normally coarse. Coarse pebbling is not objectionable as it is indicative of good keeping quality and is characteristic of the fruit, especially that from young trees. § 51.1009 Stylar end breakdown. Stylar end breakdown is a physio logical breakdown starting at the base of the nipple as a grayish tan water soaked spot. A brownish discoloration develops in the rind. As it progresses the color of the affected area becomes darker and usually sinks below the healthy surface, but the area remains firm unless infected with secondary or ganisms that cause soft decay. § 51.1010 Damage. Damage means any defect which ma terially affects the appearance, or the edible or shipping quality of the fruit. Any one of the following defects, or any combination of defects the serious ness of which exceeds the maximum al lowed for any one defect, shall be con sidered as damage: (a) Dryness or mushy condition which extends into all segments more than one-eighth of an inch at the stem end, or more than the equivalent of this amount, by volume, when occur ring in other portions of the fruit; (b) Sprayburn which changes the color to such an extent that the ap pearance of the fruit is materially af fected, or which causes scarring that in VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00406 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 397 Agricultural Marketing Service, USDA § 51.1015 the aggregate exceeds the area of a cir cle one-fourth inch in diameter; (c) Exanthema (ammoniation) which materially detracts from the appear ance of the fruit, or which occurs as small, thinly scattered spots over more than 10 percent of the fruit surface, or as solid scarring (not cracked) or de pressions which in the aggregate ex ceed the area of a circle one-half inch in diameter; (d) Scars which are dark, rough, or deep and in the aggregate exceed the area of a circle one-fourth inch in di ameter, or scars which are fairly light in color, slightly rough, or of slight depth and in the aggregate exceed the area of a circle one-half inch in diame ter, or scars which are light colored, fairly smooth, with no depth and ag gregate more than 10 percent of the fruit surface; (e) Thorn scratches when the injury is not well healed, or when dark col ored, rough or deep and in the aggre gate exceeds the area of a circle one fourth inch in diameter, or when light colored, fairly smooth and con centrated and in the aggregate exceeds the area of a circle one-half inch in di ameter, or light colored and scattered thorn injury which detracts from the appearance of the fruit to a greater ex tent than the aggregate area of one half inch permitted for light colored concentrated injury; (f) Scale when the appearance of the fruit is affected to a greater extent than that of a lime which has 10 me dium to large California red or purple scale attached; (g) Sunburn which causes appreciable flattening of the fruit, drying of the skin, material change in the color of the skin, appreciable drying of the flesh underneath the affected area, or which affects more than 5 percent of the fruit surface; (h) Scab which materially affects the shape or texture; (i) Blanching when more than 25 per cent, in the aggregate, of the fruit sur face shows a whitish to yellowish green area or areas because of shading, rest ing on the surface of the ground, or contact with other fruit on the tree. Such areas are not to be confused with limes which are turning yellow due to the ripening process; (j) Yellow color when plainly visible and caused by the ripening process; (k) Discoloration caused by rust mite, melanose or other means, when fairly smooth and more than 10 percent of the fruit surface is affected, or when slightly rough and in the aggregate ex ceeds the area of a circle one-half inch in diameter; and, (l) Buckskin when more unsightly than the maximum discoloration al lowed, or the fruit texture is materi ally affected. § 51.1011 Good green color. Good green color means that the skin of the lime is of a good green color characteristic of the Persian variety. § 51.1012 Fairly firm. Fairly firm means that the fruit is not soft or excessively flabby. § 51.1013 Badly deformed. Badly deformed means that the fruit is seriously misshapen from any cause. § 51.1014 Excessively rough texture. Excessively rough texture means that the skin is badly ridged or very decid edly lumpy. § 51.1015 Serious damage. Serious damage means any defect which seriously affects the appearance, or the edible or shipping quality of the fruit. Any one of the following defects, or any combination of defects the seri ousness of which exceeds the maximum allowed for any one defect, shall be considered as serious damage: (a) Dryness or mushy condition which extends into all segments more than one-fourth of an inch at the stem end, or more than the equivalent of this amount, by volume, when occur ring in other portions of the fruit; (b) Sprayburn which changes the color to such an extent that the ap pearance of the fruit is seriously in jured or which causes scarring that in the aggregate exceeds the area of a cir cle one-half inch in diameter; (c) Exanthema (ammoniation) which occurs as small spots over more than 25 percent of the fruit surface, or as solid scarring (not cracked) or depressions which aggregate more than 10 percent of the fruit surface; VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00407 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 398 7 CFR Ch. I (1–1–17 Edition) § 51.1016 (d) Scars which are dark, rough, or deep and aggregate more than 5 per cent of the fruit surface, or scars which are fairly light in color, slightly rough, or of slight depth and aggregate more than 10 percent of the fruit surface, or scars which are light colored, fairly smooth, with no depth and aggregate more than 25 percent of the fruit sur face; (e) Thorn scratches when the injury is not well healed, or when dark col ored, rough or deep and aggregates more than 5 percent of the fruit sur face, or when light colored, fairly smooth and concentrated and aggre gates more than 10 percent of the fruit surface, or light colored and scattered thorn injury which detracts from the appearance of the fruit to a greater ex tent than the 10 percent light colored concentrated injury; (f) Scale when the appearance of the fruit is affected to a greater extent than that of a lime which has a blotch the area of a circle one-half inch in di ameter; (g) Sunburn which causes decided flattening of the fruit, marked drying or dark discoloration of the skin, mate rial drying of the flesh underneath the affected area, or which affects more than 10 percent of the fruit surface; (h) Scab which seriously affects shape or texture; (i) Blanching when more than 50 per cent, in the aggregate, of the fruit sur face shows a whitish to yellowish green area or areas because of shading, rest ing on the surface of the ground, or contact with other fruit on the tree. Such areas are not to be confused with limes which are turning yellow due to the ripening process; (j) Yellow color when plainly visible and caused by the ripening process; (k) Discoloration caused by rust mite, melanose or other means, when fairly smooth and more than 50 percent of the fruit surface is affected, or when slightly rough and more than 25 per cent of the fruit surface is affected; and, (l) Buckskin when more unsightly than the maximum discoloration al lowed, or the fruit texture is seriously affected. § 51.1016 Diameter. Diameter means the greatest dimen sion measured at right angles to a line from stem to blossom end of the fruit. Subpart—United States Standards for Grades of Florida Oranges and Tangelos SOURCE: 61 FR 20708, May 8, 1996, unless otherwise noted. GENERAL § 51.1140 General. The standards contained in this sub part apply only to the common or sweet orange group and varieties and hybrids of varieties belonging to the Mandarin group, except tangerines, and to the citrus fruit commonly known as ‘‘tangelo’’—a hybrid between tangerine or mandarin orange (citrus reticulata) with either the grapefruit or pomelo (C. paradisi and C. grandis). Separate U.S. standards apply to tangerines. The standards for internal quality con tained in §§ 51.1176 through 51.1179 apply only to common sweet oranges (citrus sinensis (L) Osbeck). GRADES § 51.1141 U.S. Fancy. ‘‘U.S. Fancy’’ consists of oranges which meet the following require ments: (a) Basic requirements: (1) Discoloration: Not more than one tenth of the surface, in the aggregate, may be affected by discoloration. (See § 51.1161.); (2) Firm; (3) Mature; (4) Similar varietal characteristics; (5) Smooth texture; (6) Well colored; and, (7) Well formed. (b) Free from: (1) Ammoniation; (2) Buckskin; (3) Caked melanose; (4) Creasing; (5) Decay; (6) Scab; (7) Split navels; (8) Sprayburn; (9) Undeveloped segments; (10) Unhealed skin breaks; and, VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00408 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 399 Agricultural Marketing Service, USDA § 51.1145 (11) Wormy fruit. (c) Free from injury caused by: (1) Bruises; (2) Green spots; (3) Oil spots; (4) Rough, wide or protruding navels; (5) Scale; (6) Scars; (7) Skin breakdown; and, (8) Thorn scratches. (d) Free from damage caused by: (1) Dirt or other foreign material; (2) Disease; (3) Dryness or mushy condition; (4) Hail; (5) Insects; (6) Riciness or woodiness; (7) Sunburn; and, (8) Other means. (e) For tolerances see § 51.1151. (f) Internal quality: Lots meeting the internal requirements for ‘‘U.S. Grade AA Juice (Double A)’’ or ‘‘U.S. Grade A Juice’’ may be so specified in connec tion with the grade. (See §§ 51.1176– 51.1179.) § 51.1142 U.S. No. 1 Bright. The requirements for this grade are the same as for U.S. No. 1 except that fruit shall have not more than one-fifth of its surface, in the aggregate, af fected by discoloration. (a) For tolerances see § 51.1151. (b) Internal quality: Lots meeting the internal requirements for ‘‘U.S. Grade AA Juice (Double A)’’ or ‘‘U.S. Grade A Juice’’ may be so specified in connection with the grade. (See §§ 51.1176–51.1179.) § 51.1143 U.S. No. 1. ‘‘U.S. No. 1’’ consists of oranges which meet the following require ments: (a) Basic requirements: (1) Color; (i) Early and midseason varieties shall be fairly well colored. (ii) For Valencia and other late vari eties, not less than 50 percent, by count, shall be fairly well colored and the remainder reasonably well colored. (2) Discoloration: Not more than one third of the surface, in the aggregate, may be affected by discoloration. (See § 51.1161.); (3) Fairly smooth texture; (4) Firm; (5) Mature; (6) Similar varietal characteristics; and, (7) Well formed. (b) Free from: (1) Decay; (2) Unhealed skin breaks; and, (3) Wormy fruit. (c) Free from damage caused by: (1) Ammoniation; (2) Bruises; (3) Buckskin; (4) Caked melanose; (5) Creasing; (6) Dirt or other foreign material; (7) Disease; (8) Dryness or mushy condition; (9) Green spots; (10) Hail; (11) Insects; (12) Oil spots; (13) Riciness or woodiness; (14) Scab; (15) Scale; (16) Scars; (17) Skin breakdown; (18) Split, rough or protruding navels; (19) Sprayburn; (20) Sunburn; (21) Thorn scratches; and, (22) Other means. (d) For tolerances see § 51.1151. (e) Internal quality: Lots meeting the internal requirements for ‘‘U.S. Grade AA Juice (Double A)’’ or ‘‘U.S. Grade A Juice’’ may be so specified in connec tion with the grade. (See §§ 51.1176– 51.1179.) § 51.1144 U.S. No. 1 Golden. The requirements for this grade are the same as for U.S. No. 1 except that not more than 30 percent, by count, of the fruit shall have more than one third of their surface, in the aggregate, affected by discoloration. (a) For tolerances see § 51.1151. (b) Internal quality: Lots meeting the internal requirements for ‘‘U.S. Grade AA Juice (Double A)’’ or ‘‘U.S. Grade A Juice’’ may be so specified in connection with the grade. (See §§ 51.1176–51.1179.) § 51.1145 U.S. No. 1 Bronze. The requirements for this grade are the same as for U.S. No. 1 except at least 30 percent, by count, of the fruit shall have more than one-third of their VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00409 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 400 7 CFR Ch. I (1–1–17 Edition) § 51.1146 surface, in the aggregate, affected by discoloration. The predominating dis coloration on each fruit shall be of rust mite type. (a) For tolerances see § 51.1151. (b) Internal quality: Lots meeting the internal requirements for ‘‘U.S. Grade AA Juice (Double A)’’ or ‘‘U.S. Grade A Juice’’ may be so specified in connection with the grade. (See §§ 51.1176–51.1179.) § 51.1146 U.S. No. 1 Russet. The requirements for this grade are the same as for U.S. No. 1 except that at least 30 percent, by count, of the fruit shall have more than one-third of their surface, in the aggregate, affected by any type of discoloration. (a) For tolerances see § 51.1151. (b) Internal quality: Lots meeting the internal requirements for ‘‘U.S. Grade AA Juice (Double A)’’ or ‘‘U.S. Grade A Juice’’ may be so specified in connection with the grade. (See §§ 51.1176–51.1179.) § 51.1147 U.S. No. 2 Bright. The requirements for this grade are the same as for U.S. No. 2 except that fruit shall have not more than one-fifth of its surface, in the aggregate, af fected by discoloration. (a) For tolerances see § 51.1151. (b) Internal quality: Lots meeting the internal requirements for ‘‘U.S. Grade AA Juice (Double A)’’ or ‘‘U.S. Grade A Juice’’ may be so specified in connection with the grade. (See §§ 51.1176–51.1179.) § 51.1148 U.S. No. 2. ‘‘U.S. No. 2’’ consists of oranges which meet the following require ments: (a) Basic requirements: (1) Discoloration: Not more than one half of the surface, in the aggregate, may be affected by discoloration. (See § 51.1161.) (2) Fairly firm; (3) Mature; (4) Reasonably well colored; (5) Similar varietal characteristics; (6) Not more than slightly mis shapen; and (7) Not more than slightly rough tex ture. (b) Free from: (1) Decay; (2) Unhealed skin breaks; and (3) Wormy fruit. (c) Free from serious damage caused by: (1) Ammoniation; (2) Bruises; (3) Buckskin; (4) Caked melanose; (5) Creasing; (6) Dirt or other foreign material; (7) Disease; (8) Dryness or mushy condition; (9) Green spots; (10) Hail; (11) Insects; (12) Oil spots; (13) Riciness or woodiness; (14) Scab; (15) Scale; (16) Scars; (17) Skin breakdown; (18) Split, rough or protruding navels; (19) Sprayburn; (20) Sunburn; (21) Thorn scratches; and (22) Other means. (d) For tolerances see § 51.1151. (e) Internal quality: Lots meeting the internal requirements for ‘‘U.S. Grade AA Juice (Double A)’’ or ‘‘U.S. Grade A Juice’’ may be so specified in connec tion with the grade. (See §§ 51.1176– 51.1179.) § 51.1149 U.S. No. 2 Russet. The requirements for this grade are the same as for U.S. No. 2 except that at least 10 percent of the fruit shall have more than one-half of their sur face, in the aggregate, affected by any type of discoloration. (a) For tolerances see § 51.1151. (b) Internal quality: Lots meeting the internal requirements for ‘‘U.S. Grade AA Juice (Double A)’’ or ‘‘U.S. Grade A Juice’’ may be so specified in connection with the grade. (See §§ 51.1176–51.1179.) § 51.1150 U.S. No. 3. ‘‘U.S. No. 3’’ consists of oranges which meet the following require ments: (a) Basic requirements: (1) Mature; (2) Misshapen; (3) Poorly colored; VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00410 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 401 Agricultural Marketing Service, USDA § 51.1151 1 Shipping point, as used in these stand ards, means the point of origin of the ship ment in the producing area or at port of loading for ship stores or overseas shipment, or, in the case of shipments from outside the continental United States, the port of entry into the United States. (4) Rough texture, not seriously lumpy; (5) Similar varietal characteristics; and (6) Slightly spongy. (b) Free from: (1) Decay; (2) Unhealed skin breaks; and (3) Wormy fruit. (c) Free from very serious damage caused by: (1) Ammoniation; (2) Bruises; (3) Buckskin; (4) Caked melanose; (5) Creasing; (6) Disease; (7) Dryness or mushy condition; (8) Hail; (9) Insects; (10) Riciness or woodiness; (11) Scab; (12) Scale; (13) Scars; (14) Skin breakdown; (15) Split navels; (16) Sprayburn; (17) Sunburn; and (18) Other means. (d) For tolerances see § 51.1151. (e) Internal quality: Lots meeting the internal requirements for ‘‘U.S. Grade AA Juice (Double A)’’ or ‘‘U.S. Grade A Juice’’ may be so specified in connec tion with the grade. (See §§ 51.1176– 51.1179.) TOLERANCES § 51.1151 Tolerances. In order to allow for variations inci dent to proper grading and handling in each of the foregoing grades, the fol lowing tolerances, by count, based on a minimum 25 count sample, are pro vided as specified: (a) Defects. (1) U.S. Fancy, U.S. No. 1 Bright, U.S. No. 1, U.S. No. 1 Golden, U.S. No. 1 Bronze, U.S. No. 1 Russet, U.S. No. 2 Bright, U.S. No. 2, and U.S. No. 2 Russet grades. (i) For defects at shipping point.1 Not more than 10 percent of the fruit in any lot may fail to meet the requirements of the specified grade: Provided, that in cluded in this amount not more than 5 percent shall be allowed for defects causing very serious damage, including in this latter amount not more than 1 percent for decay or wormy fruit. (ii) For defects en route or at destina tion. Not more than 12 percent of the fruit which fail to meet the require ments of the specified grade: Provided, that included in this amount not more than the following percentages shall be allowed for defects listed: (A) 10 percent for fruit having perma nent defects; or, (B) 7 percent for defects causing very serious damage, including therein not more than 5 percent for very serious damage by permanent defects and not more than 3 percent for decay or wormy fruit. (2) U.S. No. 3. (i) For defects at shipping point.1 Not more than 10 percent of the fruit in any lot may fail to meet the requirements of the grade: Provided, that included in this amount not more than 1 percent shall be for decay or wormy fruit. (ii) For defects en route or at destina tion. Not more than 12 percent of the fruit which fail to meet the require ments of the grade: Provided, that in cluded in this amount not more than the following percentages shall be al lowed for defects listed: (A) 10 percent for fruit having perma nent defects; or, (B) 3 percent for decay or wormy fruit. (b) Discoloration—(1) U.S. No. 1 Bright, U.S. No. 1, U.S. No. 2 Bright, and U.S. No. 2. Not more than 10 percent of the fruit in any lot may fail to meet the re quirements relating to discoloration as specified in each grade. No sample may have more than 20 percent of the fruit with excessive discoloration: And pro vided further, that the entire lot aver ages within the percentage specified. (2) U.S. No. 1 Golden. Not more than 30 percent of the fruit shall have in ex cess of one-third of their surface, in the aggregate, and no part of any tolerance shall be allowed to increase this per centage. No sample may have more VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00411 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 402 7 CFR Ch. I (1–1–17 Edition) § 51.1152 than 40 percent of the fruit with exces sive discoloration: And provided further, that the entire lot averages within the percentage specified. (3) U.S. No. 1 Bronze, and U.S. No. 1 Russet. At least 30 percent of the fruit shall have in excess of one-third of the surface, in the aggregate, affected by discoloration, and no part of any toler ance shall be allowed to reduce this percentage. No sample may have less than 20 percent of the fruit with re quired discoloration: And provided fur ther, that the entire lot averages with in the percentage specified. (4) U.S. No. 2 Russet. At least 10 per cent of the fruit shall have in excess of one-half of the surface, in the aggre gate, affected by discoloration, and no part of any tolerance shall be allowed to reduce this percentage: And provided further, that the entire lot averages within the percentage specified. [61 FR 20708, May 8, 1996, as amended at 61 FR 40290, Aug. 2, 1996; 62 FR 2897, Jan. 21, 1997] APPLICATION OF TOLERANCES § 51.1152 Application of tolerances. Individual samples are subject to the following limitations, unless otherwise specified in § 51.1151. Individual samples shall have not more than one and one half times a specified tolerance of 10 percent or more, and not more than double a specified tolerance of less than 10 percent: Provided, that at least one decayed or wormy fruit may be permitted in any sample: And provided further, that the averages for the entire lot are within the tolerances specified for the grade. [62 FR 2897, Jan. 21, 1997] SIZE § 51.1153 Size. (a) Fruits shall be fairly uniform in size and shall be packed in containers according to approved and recognized methods. (b) ‘‘Fairly uniform in size’’ means that not more than 10 percent of the oranges per sample may vary more than one-half inch in diameter. (c) In order to allow for variations in cident to proper sizing, not more than 10 percent of the samples in any lot may fail to meet the requirements of size. DEFINITIONS § 51.1154 Similar varietal characteris tics. Similar varietal characteristics means that the fruits in any container are similar in color and shape. § 51.1155 Well colored. Well colored as applied to common or anges and tangelos means that the fruit has characteristic color for the variety with practically no trace of green color. § 51.1156 Firm. Firm as applied to common oranges and tangelos means that the fruit is not soft, or noticeably wilted or flabby; as applied to oranges of the Mandarin group (Satsumas, King, Mandarin), ‘‘firm’’ means that the fruit is not ex tremely puffy, although the skin may be slightly loose. § 51.1157 Well formed. Well formed means that the fruit has the shape characteristic of the variety. § 51.1158 Mature. Mature shall have the same meaning assigned the term in the Florida Citrus Code, Chapter 601, 1995 Edition, and the Official Rules Affecting the Florida Citrus Industry, in effect as of Feb ruary 12, 1995. These orange maturity requirements are contained in the Florida Citrus Code, Chapter 601, Flor ida Statutes, Sections 601.19, and 601.20, 1995 Edition, and the State of Florida Department of Citrus Official Rules Af fecting the Florida Citrus Industry, Part 1, Chapter 20–13 Market Classifica tion, Maturity Standards and Proc essing or Packing Restrictions for Hy brids in effect as of February 12, 1995. This incorporation by reference was ap proved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from, Florida Department of Citrus, Post Office Box 148, Lakeland, Florida 33802 or copies of both regula tions may be inspected at USDA, AMS, F&VD, FPB, Standardization Section, Room 2065–S, 14th and Independence VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00412 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 403 Agricultural Marketing Service, USDA § 51.1171 Ave., Washington, DC 20250 or at the National Archives and Records Admin istration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http:// www.archives.gov/federallregister/ codeloflfederallregulations/ ibrllocations.html. § 51.1159 Smooth texture. Smooth texture means that the skin is thin and smooth for the variety and size of the fruit. § 51.1160 Injury. Injury means any specific defect de scribed in § 51.1175, Table I; or an equal ly objectionable variation of any one of these defects, any other defect, or any combination of defects which slightly detracts from the appearance, or the edible or marketing quality of the fruit. § 51.1161 Discoloration. Discoloration means russeting of a light shade of golden brown caused by rust mite or other means. Lighter shades of discoloration caused by smooth or fairly smooth superficial scars or other means may be allowed on a greater area, or darker shades may be allowed on a lesser area, pro vided no discoloration caused by speck type melanose or other means may de tract from the appearance of the fruit to a greater extent than the shade and amount of discoloration allowed for the grade. § 51.1162 Fairly smooth texture. Fairly smooth texture means that the skin is fairly thin and not coarse for the variety and size of the fruit. § 51.1163 Damage. Damage means any specific defect de scribed in § 51.1175, Table I; or an equal ly objectionable variation of any one of these defects, any other defect, or any combination of defects, which materi ally detracts from the appearance, or the edible or marketing quality of the fruit. § 51.1164 Fairly well colored. Fairly well colored as applied to com mon oranges and tangelos means that except for an aggregate area of green color which does not exceed the area of a circle 1 inch (25.4 mm) in diameter, the characteristic color predominates over the green color. § 51.1165 Reasonably well colored. Reasonably well colored as applied to common oranges means that the char acteristic color predominate over the green color on at least two-thirds of the fruit surface, in the aggregate. § 51.1166 Poorly colored. Poorly colored as applied to common oranges means that not more than 25 percent of the surface may be solid dark green color. § 51.1167 Fairly firm. Fairly firm as applied to common or anges and tangelos, means that the fruit may be slightly soft, but not bruised; as applied to oranges of the Mandarin group (Satsumas, King, Man darin), means that the skin of the fruit is not extremely puffy or extremely loose. § 51.1168 Slightly misshapen. Slightly misshapen means that the fruit is not of the shape characteristic of the variety but is not appreciably elongated or pointed or otherwise de formed. § 51.1169 Slightly rough texture. Slightly rough texture means that the skin is not of smooth texture but is not materially ridged, grooved, or wrin kled. § 51.1170 Serious damage. Serious damage means any specific de fect described in § 51.1175, Table I; 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 fruit. § 51.1171 Misshapen. Misshapen means that the fruit is de cidedly elongated, pointed or flatsided. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00413 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 404 7 CFR Ch. I (1–1–17 Edition) § 51.1172 § 51.1172 Slightly spongy. Slightly spongy means that the fruit is puffy or slightly wilted but not flab by. § 51.1173 Very serious damage. Very serious damage means any spe cific defect described in § 51.1175, Table I; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which very seriously detracts from the appearance, or the edible or marketing quality of the fruit. § 51.1174 Diameter. Diameter means the greatest dimen sion measured at right angles to a line from stem to blossom end. § 51.1175 Classification of defects. TABLE I Factor Injury Damage Serious damage Very serious damage Ammoniation ................ ...................................... Not occurring as light speck type. Scars are cracked or dark and aggregating more than a circle 3⁄4 inch (19.1 mm) in di ameter. Aggregating more than 25 percent of the sur face. Bruises ......................... Segment walls are col lapsed, or rag is rup tured and juice sacs are ruptured. Segment walls are col lapsed, or rag is rup tured and juice sacs are ruptured. Segment walls are col lapsed, or rag is rup tured and juice sacs are ruptured. Fruit is split open, peel is badly watersoaked, or rag is ruptured and juice sacs are ruptured causing a mushy condition af fecting all segments more than 3⁄4 inch (19.9 mm) at bruised area or the equiva lent of this amount, by volume, when af fecting more than one area on the fruit. Buckskin ....................... ...................................... Aggregating more than a circle 1 inch (25.4 mm) in diameter. Aggregating more than 25 percent of the sur face. Aggregating more than 50 percent of the sur face. Caked melanose .......... ...................................... Aggregating more than a circle 5⁄8 inch (15.9 mm) in diameter. Aggregating more than a circle 3⁄4 inch (19.1 mm) in diameter. Aggregating more than 25 percent of the sur face. Creasing ....................... ...................................... Materially weakens the skin, or extends over more than one-third of the surface. Seriously weakens the skin, or extends over more than one-half of the surface. Very seriously weakens the skin, or is distrib uted over practically the entire surface. Dryness or mushy con dition. ...................................... Affecting all segments more than 1⁄4 inch (6.4 mm) at stem end, or the equiva lent of this amount, by volume, when oc curring in other por tions of the fruit. Affecting all segments more than 1⁄2 inch (12.7 mm) at stem end, or the equiva lent of this amount, by volume, when oc curring in other por tions of the fruit. Affecting all segments more than 3⁄4 inch (19.1 mm) at stem end, or the equiva lent of this amount, by volume, when oc curring in other por tions of the fruit. Green spots ................. Aggregating more than a circle 3⁄8 inch (9.5 mm) in diameter, caused by scale. Aggregating more than a circle 5⁄8 inch (15.9 mm) in diameter, caused by scale. Aggregating more than a circle 7⁄8 inch (22.2 mm) in diameter, caused by scale. Aggregating more than 1⁄3 of the surface, caused by scale. Oil spots ....................... Aggregating more than a circle 3⁄8 inch (9.5 mm) in diameter. Aggregating more than a circle 7⁄8 inch (22.2 mm) in diameter. Aggregating more than a circle 11⁄4 inches (31.8 mm) in diame ter. Aggregating more than 1⁄3 of the surface. Scab ............................. ...................................... Materially detracts from the shape or texture, or aggregating more than a circle 5⁄8 inch (15.9 mm) in diame ter. Seriously detracts from the shape or texture, or aggregating more than a circle 3⁄4 inch (19.1 mm) in diame ter. Aggregating more than 25 percent of the sur face. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00414 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 405 Agricultural Marketing Service, USDA § 51.1177 TABLE I—Continued Factor Injury Damage Serious damage Very serious damage Scale ............................ More than a few adja cent to the ‘‘button’’ at the stem end, or more than 6 scat tered on other por tions of the fruit. Aggregating more than a circle 5⁄8 inch (15.9 mm) in diameter. Aggregating more than a circle 3⁄4 inch (19.1 mm) in diameter. Aggregating more than 25 percent of the sur face. Scars, Hail, or Thorn scratches [For smooth or fairly smooth superficial scars see § 51.1161.]. Depressed, not smooth, or detracts from ap pearance more than the amount of discol oration permitted in the grade. Deep or rough aggre gating more than a circle 1⁄4 inch (6.4 mm) in diameter; slightly rough with slight depth aggre gating more than a circle 7⁄8 inch (22.2 mm) in diameter; smooth or fairly smooth with slight depth aggregating more than a circle 11⁄4 inches (31.8 mm) in diameter. Deep or rough aggre gating more than a circle 1⁄2 inch (12.7 mm) in diameter; slightly rough with depth aggregating more than a circle 11⁄4 inches (31.8 mm) in diameter; smooth or fairly smooth with slight depth aggre gating more than 10 percent of fruit sur face. Deep or rough or un sightly that appear ance is very seriously affected. Skin breakdown ........... Aggregating more than a circle 1⁄4 inch (6.4 mm) in diameter. Aggregating more than a circle 1⁄2 inch (12.7 mm) in diameter. Aggregating more than a circle 7⁄8 inch (22.2 mm) in diameter. Aggregating more than 25 percent of the sur face. Sprayburn .................... ...................................... Aggregating more than a circle 5⁄8 inch (15.9 mm) in diameter. Hard and aggregating more than a circle 11⁄2 inches (38.1 mm) in diameter. Aggregating more than 25 percent of the sur face. Split, rough, protruding navels. Split is unhealed, or more than 1⁄8 inch (3.2 mm) in length, or navel protrudes be yond the general contour, and opening is so wide, folded and ridged that it de tracts from the ap pearance. Split is unhealed, or more than 1⁄4 inch (6.4 mm) in length, or more than three well healed splits, or navel protrudes be yond the general contour, and opening is so wide, folded and ridged that it de tracts from appear ance. Split is unhealed, or more than 1⁄2 inch (12.7 mm) in length, or two or more splits aggregate more than 1 inch (25.4 mm) in length, or navel pro trudes beyond gen eral contour, and opening is so wide, folded and ridged that it detracts from appearance. Split is unhealed or fruit is seriously weak ened. Sunburn ....................... ...................................... Skin is flattened, dry, darkened, or hard and the affected area exceeds 25 percent of the surface. Skin is hard and affects more than one-third of the surface. Aggregating more than 50 percent of the sur face. NOTE: All references to area or aggregating area, or length in this standard are based on an orange or tangelo 27⁄8 inches (73.0 mm) in diameter, allowing proportionately greater areas on larger fruit and lesser areas on smaller fruit. STANDARDS FOR INTERNAL QUALITY OF COMMON SWEET ORANGES (CITRUS SINENSIS (L) OSBECK) § 51.1176 U.S. Grade AA Juice (Double A). Any lot of oranges, the juice content of which meets the following require ments, may be designated ‘‘U.S. Grade AA Juice (Double A)’’: (a) Each lot of fruit shall contain an average of not less than 5 gallons (18.9 liters) of juice per standard packed box of 13⁄5 bushels. (b) The average juice content for any lot of fruit shall have not less than 10 percent total soluble solids, and not less than one-half of 1 percent anhy drous citric acid, or more than the per missible maximum acid specified in Table II of § 51.1178. § 51.1177 U.S. Grade A Juice. Any lot of oranges, the juice content of which meets the following require ments, may be designated ‘‘U.S. Grade A Juice’’: (a) Each lot of fruit shall contain an average of not less than 41⁄2 gallons (17.0 liters) of juice per standard packed box of 13⁄5 bushels. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00415 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 406 7 CFR Ch. I (1–1–17 Edition) § 51.1178 (b) The average juice content for any lot of fruit shall have not less than 9 percent total soluble solids, and not less than one-half of 1 percent anhy drous citric acid, or more than the per missible maximum acid specified in Table II of § 51.1178. § 51.1178 Maximum anhydrous citric acid permissible for corresponding total soluble solids. For determining the grade of juice, the maximum permissible anhydrous citric acid content in relation to cor responding total soluble solids in the fruit is set forth in the following Table II together with the minimum ratio of total soluble solids to anhydrous citric acid: TABLE II Total soluble solids (average pct) Maximum anhydrous citric acid (average pct) Minimum ratio of total soluble sol ids to anhy drous citric acid 9.0 .......................................... 0.947 9.50–1 9.1 .......................................... .963 9.45–1 9.2 .......................................... .979 9.40–1 9.3 .......................................... .995 9.35–1 9.4 .......................................... 1.011 9.30–1 9.5 .......................................... 1.027 9.25–1 9.6 .......................................... 1.043 9.20–1 9.7 .......................................... 1.060 9.15–1 9.8 .......................................... 1.077 9.10–1 9.9 .......................................... 1.094 9.05–1 10.0 ............................................ 1.111 9.00–1 10.1 ............................................ 1.128 8.95–1 10.2 ............................................ 1.146 8.90–1 10.3 ............................................ 1.164 8.85–1 10.4 ............................................ 1.182 8.80–1 10.5 ............................................ 1.200 8.75–1 10.6 ............................................ 1.218 8.70–1 10.7 ............................................ 1.237 8.65–1 10.8 ............................................ 1.256 8.60–1 10.9 ............................................ 1.275 8.55–1 11.0 ............................................ 1.294 8.50–1 11.1 ............................................ 1.306 8.50–1 11.2 ............................................ 1.318 8.50–1 11.3 ............................................ 1.329 8.50–1 11.4 ............................................ 1.341 8.50–1 11.5 ............................................ 1.353 8.50–1 11.6 ............................................ 1.365 8.50–1 11.7 ............................................ 1.376 8.50–1 11.8 ............................................ 1.388 8.50–1 11.9 ............................................ 1.400 8.50–1 12.0 ............................................ 1.412 8.50–1 12.1 ............................................ 1.424 8.50–1 12.2 ............................................ 1.435 8.50–1 12.3 ............................................ 1.447 8.50–1 12.4 ............................................ 1.459 8.50–1 12.5 ............................................ 1.471 8.50–1 12.6 ............................................ 1.482 8.50–1 12.7 ............................................ 1.494 8.50–1 12.8 ............................................ 1.506 8.50–1 12.9 ............................................ 1.517 8.50–1 13.0 ............................................ 1.530 8.50–1 13.1 ............................................ 1.541 8.50–1 13.2 ............................................ 1.553 8.50–1 TABLE II—Continued Total soluble solids (average pct) Maximum anhydrous citric acid (average pct) Minimum ratio of total soluble sol ids to anhy drous citric acid 13.3 ............................................ 1.565 8.50–1 13.4 ............................................ 1.576 8.50–1 13.5 ............................................ 1.588 8.50–1 13.6 ............................................ 1.600 8.50–1 13.7 ............................................ 1.612 8.50–1 13.8 ............................................ 1.624 8.50–1 13.9 ............................................ 1.635 8.50–1 14.0 ............................................ 1.647 8.50–1 14.1 ............................................ 1.659 8.50–1 14.2 ............................................ 1.671 8.50–1 14.3 ............................................ 1.682 8.50–1 14.4 ............................................ 1.694 8.50–1 14.5 ............................................ 1.705 8.50–1 14.6 ............................................ 1.718 8.50–1 14.7 ............................................ 1.729 8.50–1 14.8 ............................................ 1.741 8.50–1 14.9 ............................................ 1.753 8.50–1 15.0 ............................................ 1.765 8.50–1 15.1 ............................................ 1.776 8.50–1 15.2 ............................................ 1.788 8.50–1 15.3 ............................................ 1.800 8.50–1 15.4 ............................................ 1.812 8.50–1 15.5 ............................................ 1.824 8.50–1 15.6 or more .............................. .................... 8.50–1 § 51.1179 Method of juice extraction. The juice used in the determining of solids, acids and juice content shall be extracted from representative samples as thoroughly as possible with a hand reamer or by such mechanical extrac tor or extractors as may be approved. The juice shall be strained through cheese cloth or other approved strain ing device of extra fine mesh to pre vent passage of juice cells, pulp, or seeds. Subpart—United States Standards for Grades of Peaches SOURCE: 69 FR 9191, Feb. 27, 2004, unless otherwise noted. GRADES § 51.1210 U.S. Fancy. ‘‘U.S. Fancy’’ consists of peaches of one variety which are mature but not soft or overripe, well formed and which are free from decay, bacterial spot, cuts which are not healed, growth cracks, hail injury, scab, scale, split pits, worms, worm holes, leaf or limb rub injury; and free from damage caused by bruises, dirt or other foreign VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00416 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 407 Agricultural Marketing Service, USDA § 51.1214 1 Shipping point, as used in these stand ards, means the point of origin of the ship ment in the producing area or at port of loading for ship stores or overseas shipment, or, in the case of shipments from outside the continental United States, the port of entry into the United States. material, other disease, insects or me chanical or other means. In addition to the above requirements, each peach shall have not less than one-third of its surface showing blushed, pink or red color. § 51.1211 U.S. Extra No. 1. Any lot of peaches may be designated ‘‘U.S. Extra No. 1’’ when the peaches meet the requirements of the U.S. No. 1 grade: Provided, That in addition to these requirements, 50 percent, by count, of the peaches in any lot shall have not less than one-fourth of the surface showing blushed, pink or red color. § 51.1212 U.S. No. 1. ‘‘U.S. No. 1’’ consists of peaches of one variety which are mature but not soft or overripe, well formed, and which are free from decay, growth cracks, cuts which are not healed, worms, worm holes, and free from dam age caused by bruises, dirt, or other foreign material, bacterial spot, scab, scale, hail injury, leaf or limb rubs, split pits, other disease, insects or me chanical or other means. § 51.1213 U.S. No. 2. ‘‘U.S. No. 2’’ consists of peaches of one variety which are mature but not soft or overripe, not badly misshapen, and which are free from decay, cuts which are not healed, worms, worm holes, and free from serious damage caused by bruises, dirt or other foreign material, bacterial spot, scab, scale, growth cracks, hail injury, leaf or limb rubs, split pits, other disease, insects, or mechanical or other means. TOLERANCES § 51.1214 Tolerances. In order to allow for variations inci dent to proper grading and handling in each of the following grades, the fol lowing tolerances, by count, based on a minimum 50-count sample, except when packages contain less than 50 fruit, a minimum 25-count sample shall be examined, (when packages contain less than 25 fruit adjoining packages shall be opened to obtain the 25-count minimum sample), are provided as specified: (a) U.S. Fancy, U.S. Extra No. 1, and U.S. No. 1 grades—(1) For defects at ship ping point.1 10 percent of the peaches in any lot may fail to meet the require ments of the specified grade: Provided, That included in this amount, 5 per cent shall be allowed for defects caus ing serious damage, including in this latter amount not more than 1 percent for peaches which are affected by decay. (2) For defects en route or at destina tion. 14 percent for peaches in any lot that fail to meet the requirements of the grade: Provided, That included in this amount not more than the fol lowing percentages shall be allowed for defects listed: (i) 10 percent for permanent defects; (ii) 7 percent for defects causing seri ous damage, included therein not more than 5 percent for serious damage by permanent defects and not more than 2 percent for decayed peaches. (3) For color—(i) U.S. Fancy grade. 10 percent for peaches in any lot which fail to meet the requirements of the grade: (ii) U.S. Extra No. 1 grade. Individual packages may contain not less than 40 percent of peaches which meet the re quirements of the grade: Provided, That the entire lot averages not less than 50 percent. (b) U.S. No. 2 grade—(1) For defects at shipping point. 10 percent of the peaches in any lot may fail to meet the require ments of this grade: Provided, That in cluded in this amount not more than 1 percent for peaches which are affected by decay. (2) For defects en route or at destina tion. 14 percent for peaches in any lot that fail to meet the requirements of the grade: Provided, That included in this amount not more than the fol lowing percentages shall be allowed for defects listed: (i) 10 percent for permanent defects; VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00417 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 408 7 CFR Ch. I (1–1–17 Edition) § 51.1215 (ii) 2 percent for peaches which are affected by decay. [69 FR 9191, Feb. 27, 2004, as amended at 69 FR 29171, May 21, 2004] APPLICATION OF TOLERANCES § 51.1215 Application of tolerances to individual packages. (a) The contents of individual pack ages in the lot, based on sample inspec tion, are subject to the following limi tations, provided the averages for the entire lot are within the tolerances specified for the grade: (1) For packages which contain more than 10 pounds, and a tolerance of 10 percent or more is provided (as in the case of oversize, where a tolerance of 15 percent is provided), individual pack ages in any lot shall have not more than one and one-half times the toler ance specified. For packages which contain more than 10 pounds and a tol erance of less than 10 percent is pro vided, individual packages in any lot shall have not more than double the tolerance specified, except that at least one peach which is seriously damaged by insects or affected by decay may be permitted in any package. (2) For packages which contain 10 pounds or less, individual packages in any lot are not restricted as to the per centage of defects: Provided, That not more than one peach which is seriously damaged by insects or affected by decay may be permitted in any pack age. SIZE § 51.1216 Size requirements. (a) The numerical count or a count size based on equivalent tray pack size designations or the minimum diameter of the peaches packed in a closed con tainer shall be indicated on the con tainer. (b) When the numerical count is not shown the minimum diameter shall be plainly stamped, stenciled, or other wise marked on the container in terms of whole inches, whole and half inches, whole and quarter inches, or whole and eighth inches, as 2 inches minimum, 21⁄4 inches minimum, 17⁄8 inches minimum, in accordance with the facts. The min imum and maximum diameters may both be stated, as 17⁄8 to 2 inches, or 2 to 21⁄4 inches, in accordance with the facts. (c) ‘‘Diameter’’ means the greatest dimension measured at right angles to a line from stem to blossom end of the fruit. (d) In order to allow for variations in cident to proper sizing, not more than 10 percent, by count, of peaches in any lot may be below the specified min imum size and not more than 15 per cent may be above any specified max imum size. STANDARD PACK § 51.1217 Standard pack. (a) Each package shall be packed so that the peaches in the shown face shall be reasonably representative in size, color and quality of the contents of the package. (b) Peaches packed in U.S. Standard bushel baskets, or half-bushel baskets, shall be ring faced and tightly packed with sufficient bulge to prevent any ap preciable movement of the peaches within the packages when lidded. (c) Peaches packed in standard west ern boxes shall be reasonably uniform in size and arranged in the packages according to the approved and recog nized methods. Each wrapped peach shall be fairly well enclosed by its indi vidual wrapper. All packages shall be well filled and tightly packed but the contents shall not show excessive or unnecessary bruising because of over filled packages. The number of peaches in the box shall not vary more than 4 from the number indicated on the box. (d) Peaches packed in other type boxes such as wire-bound boxes and fiber-board boxes may be place packed, or jumble packed faced, and all packs shall be well filled. (e) Peaches packed in boxes equipped with cell compartments or molded trays shall be of the proper size for the cells or the molds in which they are packed. (f) Peaches placed in individual paper cups and packed in boxes shall be in cups of the proper size for the peaches. (g) Peaches packed in loose or vol ume filled boxes shall be uniform in size and well filled. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00418 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 409 Agricultural Marketing Service, USDA § 51.1223 (h) In order to allow for variations incident to proper packing, not more than 10 percent of the packages in any lot may not meet these requirements. (i) ‘‘Well filled’’ means that the peaches packed in loose or volume filled containers are packed within 1 inch of the top of the container. DEFINITIONS § 51.1218 Mature. ‘‘Mature’’ means that the peach has reached the stage of growth which will ensure a proper completion of the rip ening process. § 51.1219 Well formed. ‘‘Well formed’’ means that the shape of the peach may be slightly irregular but not to the extent that its appear ance is materially affected. § 51.1220 Leaf or limb rub injury. ‘‘Leaf or limb rub injury’’ means that the scarring is not smooth, not light colored, or aggregates more than 1⁄4 inch in diameter. § 51.1221 Damage. ‘‘Damage’’ means any injury or de fect which materially affects the ap pearance, or the edible or shipping quality of the peach. Any one of the following defects, or any combination thereof, the seriousness of which ex ceeds the maximum allowed for any one defect, shall be considered as dam age: (a) Bacterial spot, when cracked, or when aggregating more than 3⁄8 inch in diameter; (b) Scab spots, when cracked, or when aggregating more than 3⁄8 inch in diameter; (c) Scale, when concentrated, or when scattered and aggregating more than 1⁄4 inch in diameter; (d) Hail injury which is unhealed, or deep, or when aggregating more than 1⁄4 inch in diameter; (e) Leaf or limb rubs, when not smooth, or when not light colored, or when aggregating more than 1⁄2 inch in diameter; (f) Split pit, when causing any unhealed crack, or when causing any crack which is readily apparent, or when affecting shape to the extent that the fruit is not well formed. § 51.1222 Serious damage. ‘‘Serious damage’’ means any injury or defect which seriously affects the appearance or the edible or shipping quality of the peach. Any one of the following defects, or any combination thereof, the seriousness of which ex ceeds the maximum allowed for any one defect, shall be considered as seri ous damage: (a) Bacterial spot, when any cracks are not well healed, or when aggre gating more than 3⁄4 inch in diameter; (b) Scab spots, when cracked, or when healed and aggregating more than one inch in diameter; (c) Scale, when aggregating more than 1⁄2 inch in diameter; (d) Growth cracks, when unhealed, or more than 1⁄2 inch in length; (e) Hail injury, when unhealed, or shallow hail injury when aggregating more than 3⁄4 inch in diameter, or deep hail injury which seriously deforms the fruit or which aggregates more than 1⁄2 inch in diameter; (f) Leaf or limb rubs, when smooth and light colored and aggregating more than 11⁄2 inches in diameter, or dark or slightly rough and barklike scars ag gregating more than 3⁄4 inch in diame ter; (g) Split pit, when causing any unhealed crack, or when healed and ag gregating more than 1⁄2 inch in length including any part of the crack which may be covered by the stem; (h) Soft or overripe peaches; (i) Wormy fruit or worm holes. § 51.1223 Badly misshapen. ‘‘Badly misshapen’’ means that the peach is so decidedly deformed that its appearance is seriously affected. Subpart—United States Standards for Cleaned Virginia Type Peanuts in the Shell SOURCE: 18 FR 7117, Nov. 11, 1953, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00419 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 410 7 CFR Ch. I (1–1–17 Edition) § 51.1235 GRADES § 51.1235 U.S. Jumbo Hand Picked. U.S. Jumbo Hand Picked shall con sist of cleaned Virginia type peanuts in the shell which are mature, dry, and free from loose peanut kernels, dirt or other foreign material, pops, paper ends, and from damage caused by cracked or broken shells, discoloration or other means. The kernels shall be free from damage from any cause. In addition, the peanuts shall not pass through a screen having 37⁄64 × 3 inch perforations. Unless otherwise speci fied, the unshelled peanuts in any lot shall not average more than 176 count per pound. (a) In order to allow for variations in cident to proper grading and handling, the following tolerances, by weight, shall be permitted: (1) 10.0 percent total for pops, pea nuts having paper ends or damaged shells, loose undamaged peanut ker nels, and dirt or other foreign material, but not more than one-twentieth of this amount, or 0.5 percent, shall be al lowed for dirt or other foreign mate rial. (2) 5.0 percent for peanuts which will pass through the prescribed screen, but which are free from pops and from pea nuts having paper ends or damaged shells. (3) 3.5 percent for peanuts with dam aged kernels, and damaged loose ker nels. § 51.1236 U.S. Fancy Hand Picked. U.S. Fancy Hand Picked shall consist of cleaned Virginia type peanuts in the shell which are mature, dry, and free from loose peanut kernels, dirt or other foreign material, pops, paper ends, and from damage caused by cracked or broken shells, discoloration or other means. The kernels shall be free from damage from any cause. In addition, the peanuts shall not pass through a screen having 32⁄64 × 3 inch perforations. Unless otherwise speci fied, the unshelled peanuts in any lot shall not average more than 225 count per pound. (a) In order to allow for variations in cident to proper grading and handling, the following tolerances, by weight, shall be permitted: (1) 11.0 percent total for pops, pea nuts having paper ends or damaged shells, loose undamaged peanut ker nels, and dirt or other foreign material, but not more than one twenty-second of this amount, or 0.5 percent, shall be allowed for dirt or other foreign mate rial. (2) 5.0 percent for peanuts which will pass through the prescribed screen, but which are free from pops and from pea nuts having paper ends or damaged shells. (3) 4.5 percent for peanuts with dam aged kernels, and damaged loose ker nels. UNCLASSIFIED § 51.1237 Unclassified. Unclassified shall consist of cleaned Virginia type peanuts in the shell which fail to meet the requirements of either of the foregoing grades. The term ‘‘unclassified’’ is not a grade within the meaning of these standards but is provided as a designation to show that no definite grade has been applied to the lot. DEFINITIONS § 51.1238 Mature. Mature means that the shells are firm and well developed. § 51.1239 Pops. Pops means fully developed shells which contain practically no kernels. § 51.1240 Paper ends. Paper ends means peanuts which have very soft and/or very thin ends. § 51.1241 Damage. Damage means any injury or defect which materially affects the appear ance edible or shipping quality of the individual peanut or the lot as a whole. The following shall be considered as damage: (a) Cracked or broken shells which have been broken to the extent that the kernel within is plainly visible without minute examination and with no application of pressure, or the ap pearance of the individual peanut is materially affected. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00420 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 411 Agricultural Marketing Service, USDA § 51.1265 1 Packing of the product in conformity with the requirements of these standards shall not excuse failure to comply with the provisions of the Federal Food, Drug, and Cosmetic Act. (b) Discolored shells which have dark discoloration caused by mildew, stain ing or other means affecting one-half or more of the shell surface. Talc pow der or other similar material which may have been applied to the shells during the cleaning process shall not be removed to determine the amount of discoloration beneath, but the peanut shall be judged as it appears with the talc. (c) Kernels which are rancid or de cayed. (d) Moldy kernels. (e) Kernels showing sprouts extend ing more than one-eighth inch from the end of the kernel. (f) Distinctly dirty kernels. (g) Kernels which are wormy, or have worm frass adhering, or have worm cuts which are more than superficial. (h) Kernels which have dark yellow color penetrating the flesh, or yellow pitting extending deep into the kernel. § 51.1242 Count per pound. Count per pound means the number of peanuts in a pound. When determining the count per pound, one single kernel peanut shall be counted as one-half peanut. Subpart—United States Standards for Summer and Fall Pears 1 SOURCE: 20 FR 5620, Aug. 5, 1955, unless oth erwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. GENERAL § 51.1260 General. These standards apply to varieties such as Bartlett, Hardy and other simi lar varieties. GRADES § 51.1261 U.S. No. 1. ‘‘U.S. No. 1’’ consists of pears of one variety which are mature, but not over-ripe, carefully hand-picked, clean, fairly well formed, free from decay, in ternal breakdown, scald, freezing in jury, worm holes, black end, and from damage caused by hard end, bruises, broken skins, russeting, limb- rubs, hail, scars, drought spot, sunburn, sprayburn, stings or other insect in jury, disease, or mechanical or other means. (See §§ 51.1265 and 51.1268.) § 51.1262 U.S. Combination. A combination of U.S. No. 1 and U.S. No. 2 may be packed. When such a com bination is packed, at least 50 percent of the pears in any container shall meet the requirements of U.S. No. 1. (See §§ 51.1265 and 51.1268.) § 51.1263 U.S. No. 2. ‘‘U.S. No. 2’’ consists of pears of one variety which are mature, but not over-ripe, carefully hand-picked, clean, not seriously misshapen, free from decay, internal breakdown, scald, freez ing injury, worm holes, black end, and from damage caused by hard end, or broken skins. The pears shall also be free from serious damage caused by bruises, russeting, limbrubs, hail, scars, drought spot, sunburn, sprayburn, stings or other insect in jury, disease, or mechanical or other means. (See §§ 51.1265 and 51.1268.) UNCLASSIFIED § 51.1264 Unclassified. ‘‘Unclassified’’ consists of pears which have not been classified in ac cordance with any of the foregoing grades. The term ‘‘unclassified’’ is not a grade within the meaning of these standards, but is provided as a designa tion to show that no grade has been ap plied to the lot. TOLERANCES § 51.1265 Tolerances. (a) In order to allow for variations in cident to proper grading and handling, not more than a total of 10 percent of the pears in any lot may fail to meet the requirements of grade: Provided, That not more than 5 percent shall be seriously damaged by insects, and not more than 1 percent shall be allowed for decay or internal breakdown. (b) When applying the foregoing tol erances to the combination grade no VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00421 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 412 7 CFR Ch. I (1–1–17 Edition) § 51.1266 part of any tolerance shall be used to reduce the percentage of U.S. No. 1 pears required in the combination, but individual containers may have not more than 10 percent less than the per centage of U.S. No. 1 required: Pro vided, That the entire lot averages within the percentage specified. APPLICATION OF TOLERANCES § 51.1266 Application of tolerances. (a) The contents of individual pack ages in the lot, based on sample inspec tion, are subject to the following limi tations, provided the averages for the entire lot are within the tolerances specified for the grade: (1) For packages which contain more than 10 pounds, and a tolerance of 10 percent or more is provided individual packages in any lot shall have not more than one and one-half times the tolerance specified. For packages which contain more than 10 pounds and a tolerance of less than 10 percent is provided, individual packages in any lot shall have not more than double the tolerance specified, except that at least one pear which is seriously damaged by insects or affected by decay or internal breakdown may be permitted in any package. (2) For packages which contain 10 pounds or less, individual packages in any lot are not restricted as to the per centage of defects or off-size: Provided, That not more than four times the tol erance specified may be permitted in any package for pears which are seri ously damaged by insects or affected by decay or internal breakdown except that at least one defective pear may be permitted in any package. BASIS FOR CALCULATING PERCENTAGES § 51.1267 Basis for calculating percent ages. (a) When the numerical count is marked on the container or when pears are packed in a container to weigh 5 pounds or less, percentages shall be calculated on the basis of count. (b) When the minimum diameter or minimum and maximum diameters are marked on a container packed to weigh more than 5 pounds or when the pears are jumbled in a container packed to weigh more than 5 pounds, percentages shall be calculated on the basis of weight or an equivalent basis. CONDITION AFTER STORAGE OR TRANSIT § 51.1268 Condition after storage or transit. Decay, scald, or other deterioration which may have developed on pears after they have been in storage or tran sit shall be considered as affecting con dition and not grade. STANDARD PACK § 51.1269 Sizing. (a) The numerical count, or the min imum size of the pears packed in closed containers shall be indicated on the package. The number of pears in the box shall not vary more than 3 from the number indicated on the box. (b) When the numerical count is marked on western standard pear boxes the pears shall not vary more than three-eighths inch in their transverse diameter for counts 120 or less; one fourth inch for counts 135 to 180, inclu sive; and three-sixteenths inch for counts 193 or more. (c) When the numerical count is marked on western standard half boxes or special half boxes packed three tiers deep, the pears shall not vary more than three-eighths inch for counts 75 or less; one-fourths inch for counts 80 to 110, inclusive; and three-sixteenths inch for counts 115 or more. (d) When the numerical count is marked on western standard half boxes or special half boxes packed two tiers deep, the pears shall not vary more than three-eighths inch for counts 50 or less; one-fourth inch for counts 55 to 70, inclusive; and three-sixteenths inch for counts 80 or more. (e) When the numerical count is not shown, the minimum size shall be plainly stamped, stenciled or otherwise marked on the container in terms of whole inches, whole and half inches, whole and quarter inches, or whole and eighth inches, as 21⁄2 inches minimum, 21⁄4 inches minimum, or 25⁄8 inches min imum, in accordance with the facts. It is suggested that both minimum and maximum sizes be marked on the con tainer, as 21⁄4 to 23⁄4 inches, 21⁄2 to 23⁄4 inches, as such marking is especially VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00422 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 413 Agricultural Marketing Service, USDA § 51.1277 desirable for pears marketed in the ex port trade. (f) ‘‘Size’’ means the greatest trans verse diameter of the pear taken at right angles to a line running from the stem to the blossom end. § 51.1270 Packing. (a) Each package shall be packed so that the pears in the shown face shall be reasonably representative in size and quality of the contents of the package. (b) Pears packed in any container shall be tightly packed. All packages shall be well filled but the contents shall not show excessive or unneces sary bruising because of overfilled packages. (c) Pears packed in boxes shall be ar ranged in containers according to the approved and recognized methods with the pears packed lengthwise. A bridge shall not be allowed in any standard pack. When wrapped, each pear shall be fairly well enclosed by its individual wrapper. (d) Pears packed in round stave bush el baskets, tubs or in barrels shall be ring faced. § 51.1271 Tolerances for standard pack. (a) In order to allow for variations in cident to proper sizing, not more than 5 percent of the pears in any lot may fail to meet the size requirements: Pro vided, That when the maximum and minimum sizes are both stated, an ad ditional 10 percent tolerance shall be allowed for pears which are larger than the maximum size stated. (b) In order to allow for variations in cident to proper packing, not more than 10 percent of the containers in any lot may fail to meet these require ments, but no part of this tolerance shall be allowed for bridge packs, or for packs with different sizes and arrange ments such as layers of 195 size and ar rangement, and layers of 180 size and arrangement packed in the same box. DEFINITIONS § 51.1272 Mature. (a) Mature means that the pear has reached the stage of maturity which will insure the proper completion of the ripening process. (b) Before a mature pear becomes overripe it will show varying degrees of firmness, depending upon the stage of the ripening process. Therefore, a statement of firmness should be given in order to indicate the stage of the ripening process. A description of the ground color should also be given. (1) The following terms should be used for describing the ground color: Green, Light Green, Yellowish Green, and Yellow. (2) The following terms should be used for describing the firmness of pears: (i) Hard means that the flesh of the pear is solid and does not yield appre ciably even to considerable pressure. (ii) Firm means that the flesh of the pear is fairly solid but yields somewhat to moderate pressure. (iii) Firm ripe means that the flesh of the pear yields readily to moderate pressure. (iv) Ripe means that the pear is at the stage where it is in its most desir able condition for eating. § 51.1273 Overripe. Overripe means dead ripe, very mealy or soft, past commercial utility. § 51.1274 Carefully hand-picked. Carefully hand-picked means that the pears do not show evidence of rough handling or of having been on the ground. § 51.1275 Clean. Clean means free from excessive dirt, dust, spray residue or other foreign material. § 51.1276 Black end. Black end is evidenced by an abnor mally deep green color around the calyx, or black spots usually occurring on the one-third of the surface nearest to the calyx, or by an abnormally shal low calyx cavity. § 51.1277 Fairly well formed. Fairly well formed means that the pear may be slightly abnormal in shape but not to an extent which detracts materially from the appearance of the fruit. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00423 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 414 7 CFR Ch. I (1–1–17 Edition) § 51.1278 2 The area refers to that of a circle of the specified diameter. § 51.1278 Damage. Damage means any injury or defect which materially affects the appear ance, or the edible or shipping quality. (a) Hard end shall be considered as damage if the pear shows a distinctly constricted protrusion at the blossom end, or an abnormally yellow color at the blossom end, or an abnormally smooth rounded base with little or no depression at the calyx, or if the flesh near the calyx is abnormally dry and tough or woody. (b) Slight handling bruises and pack age bruises such as are incident to good commercial handling in the prepara tion of a tight pack shall not be consid ered damage. (c) Any pear with one skin break larger than three-sixteenths inch in di ameter or depth, or with more than one skin break one-eighth inch or larger in diameter or depth shall be considered damaged, and scored against the grade tolerance. 2 (1) Small inconspicuous skin breaks, less than one-eighth inch in diameter or depth, shall not be considered dam age. In addition, not more than 15 per cent of the pears in any container may have not more than one skin break from one-eighth inch to three-six teenths inch, inclusive, in diameter or depth. 2 (d) Russeting which exceeds the fol lowing shall be considered as damage: (1) On all varieties excessively rough russeting (russeting which shows ‘‘frogging’’ or slight cracking) when the aggregate area exceeds one-half inch in diameter. 2 (2) On Bartlett and other smooth skinned varieties, slightly rough russeting, or thick russeting such as is characteristic of frost injury, when the aggregate area exceeds three-fourths inch in diameter. 2 (3) On Bartlett and other smooth skinned varieties, smooth solid or smooth netlike russeting when the ag gregate area exceeds 15 percent of the surface. (4) On Hardy, Sand and other similar varieties, rough or thick russeting such as is characteristic of frost injury, when the aggregate area exceeds three fourths inch in diameter. On any of these varieties any amount of char acteristic russeting is permitted whether due to natural causes such as weather or stimulated by artificial means; leaf whips or light limbrubs which resemble and blend into russeted areas shall be considered as russet. 2 (e) Any one of the following defects or any combination thereof, the seri ousness of which exceeds the maximum allowed for any one defect, shall be considered as damage: (1) Any limbrubs which are cracked, softened, or more than slightly de pressed. (2) Black discoloration caused by limbrubs, which exceeds an aggregate area of three-eighths inch in diame ter. 2 (3) Dark brown discoloration or ex cessive roughness caused by limbrubs which exceeds an aggregate area of one-half inch in diameter. 2 (4) Slightly rough, light colored dis coloration caused by limbrubs which exceeds an aggregate area of three fourths inch in diameter. 2 (5) Smooth, light colored discolora tion caused by limbrubs which exceeds an aggregate area of 1 inch in diame ter. 2 (6) Hail marks or other similar de pressions or scars which are not shal low or superficial, or where the injury affects an aggregate area of more than three-eighths inch in diameter. 2 (7) Drought spot when more than one in number, or when the external injury exceeds an aggregate area of three eighths inch in diameter, or when the appearance of the flesh is materially affected by corky tissue or brownish discoloration. 2 (8) Sunburn or sprayburn where the skin is blistered, cracked, or shows any light tan or brownish color, or the shape of the pear is appreciably flat tened, or the flesh is appreciably soft ened or changed in color, except that sprayburn of a russet character shall be considered under the definition of russeting. (9) Insects: (i) More than two healed codling moth stings, or any insect sting which is over three thirty-sec onds of an inch in diameter, or other insect stings affecting the appearance to an equal extent. 2 VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00424 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 415 Agricultural Marketing Service, USDA § 51.1280 2 The area refers to that of a circle of the specified diameter. 1 Packing of the product in conformity with the requirements of these standards shall not excuse failure to comply with the provisions of the Federal Food, Drug, and Cosmetic Act. (ii) Blister mite or canker worm in jury which is not shallow or super ficial, or where the injury affects an aggregate area of more than three eighths inch in diameter. 2 (10) Disease: (i) Scab spots which are black and which cover an aggregate area of more than one-fourth inch in diameter except that scab spots of a russet character shall be considered under the definition of russeting. (ii) Sooty blotch which is thinly scat tered over more than 5 percent of the surface, or dark, heavily concentrated spots which affect an area of more than three-eighths inch in diameter. 2 § 51.1279 Seriously misshapen. Seriously misshapen means that the pear is excessively flattened or elon gated for the variety, or is constricted or deformed so it will not cut three fairly uniform good quarters, or is so badly misshapen that the appearance is seriously affected. § 51.1280 Serious damage. Serious damage means any injury or defect which seriously affects the ap pearance, or the edible or shipping quality. (a) Russeting which in the aggregate exceeds the following shall be consid ered as serious damage: (1) On all varieties, excessively rough russeting (russeting which shows ‘‘frogging’’ or slight cracking) when the aggregate area exceeds three fourths inch in diameter. 2 (2) On all varieties, thick russeting such as is characteristic of frost injury, 15 percent of the surface. (b) Any one of the following defects or combination thereof, the seriousness of which exceeds the maximum allowed for any one defect, shall be considered as serious damage: (1) Limbrubs which are more than slightly cracked, or excessively rough limbrubs or dark brown or black discol oration caused by limbrubs which ex ceeds an aggregate area of three fourths inch in diameter. Other limbrubs which affect an aggregate area of more than one-tenth of the sur face. 2 (2) Hail marks or other similar de pressions or scars which affect an ag gregate area of more than three fourths inch in diameter, or which ma terially deform or disfigure the fruit. 2 (3) Drought spot when more than two in number, or where the external in jury affects an aggregate area of more than three-fourths inch in diameter, or when the appearance of the flesh is se riously affected by corky tissue or brownish discoloration. 2 (4) Sunburn or sprayburn where the skin is blistered, cracked or shows any brownish color, or where the shape of the pear is materially flattened, or the flesh is softened or materially changed in color, except that sprayburn of a russet character shall be considered under the definition of russeting. (5) Insects: (i) Worm holes. More than three healed codling moth stings, of which not more than two may be over three thirty-seconds of an inch in di ameter, or other insect stings affecting the appearance to an equal extent. 2 (ii) Blister mite or canker worm in jury which affects an aggregate area of more than three-fourths inch in diame ter or which materially deforms or dis figures the fruit. 2 (6) Disease: (i) Scab spots which are black and which cover an aggregate area of more than one-half inch in di ameter, except that scab spots of a rus set character shall be considered under the definition of russeting. 2 (ii) Sooty blotch which is thinly scat tered over more than 15 percent of the surface, or dark, heavily concentrated spots which affect an area of more than three-fourths inch in diameter. 2 Subpart—United States Standards for Winter Pears 1 SOURCE: 20 FR 5752, Aug. 10, 1955, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00425 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 416 7 CFR Ch. I (1–1–17 Edition) § 51.1300 GENERAL § 51.1300 General. These standards apply to varieties such as Anjou, Bosc, Winter Nelis, Comice, Flemish Beauty and other similar varieties. GRADES § 51.1301 U.S. Extra No. 1. ‘‘U.S. Extra No. 1’’ consists of pears of one variety which are mature, but not overripe, carefully hand-picked, clean, well formed, free from decay, in ternal breakdown, scald, freezing in jury, worm holes, black end, hard end, drought spot, and free from injury caused by russeting, limbrubs, hail, scars, cork spot, sunburn, sprayburn, stings or other insect injury, or me chanical or other means, except that they shall be free from damage caused by bruises, broken skins, or disease. (See §§ 51.1306 and 51.1309.) § 51.1302 U.S. No. 1. ‘‘U.S. No. 1’’ consists of pears of one variety which are mature, but not over-ripe, carefully hand-picked, clean, fairly well formed, free from decay, in ternal breakdown, scald, freezing in jury, worm holes, black end, and from damage caused by hard end, bruises, broken skins, russeting, limbrubs, hail, scars, cork spot, drought spot, sunburn, sprayburn, stings or other insect in jury, disease, or mechanical or other means. (See §§ 51.1306 and 51.1309.) § 51.1303 U.S. Combination. A combination of U.S. No. 1 and U.S. No. 2 may be packed. When such a com bination is packed, at least 50 percent of the pears in any container shall meet the requirements of U.S. No. 1. (See §§ 51.1306 and 51.1309.) § 51.1304 U.S. No. 2. ‘‘U.S. No. 2’’ consists of pears of one variety which are mature, but not overripe, carefully hand-picked, clean, not seriously misshapen, free from decay, internal breakdown, scald, freez ing injury, worm holes, black end, and from damage caused by hard end, or broken skins. The pears shall also be free from serious damage caused by bruises, russeting, limbrubs, hail, scars, cork spot, drought spot, sunburn, sprayburn, stings or other insect in jury, disease, or mechanical or other means. (See §§ 51.1306 and 51.1309.) UNCLASSIFIED § 51.1305 Unclassified. ‘‘Unclassified’’ consists of pears which have not been classified in ac cordance with any of the foregoing grades. The term ‘‘unclassified’’ is not a grade within the meaning of these standards, but is provided as a designa tion to show that no grade has been ap plied to the lot. TOLERANCES § 51.1306 Tolerances. (a) In order to allow for variations in cident to proper grading and handling, not more than a total of 10 percent of the pears in any lot may fail to meet the requirements of grade: Provided, That not more than 5 percent shall be seriously damaged by insects, and not more than 1 percent shall be allowed for decay or internal breakdown. (b) When applying the foregoing tol erances to the combination grade no part of any tolerance shall be used to reduce the percentage of U. S. No. 1 pears required in the combination, but individual containers may have not more than 10 percent less than the per centage of U.S. No. 1 required: Pro vided, That the entire lot averages within the percentage specified. APPLICATION OF TOLERANCES § 51.1307 Application of tolerances. (a) The contents of individual pack ages in the lot, based on sample inspec tion, are subject to the following limi tations, provided the averages for the entire lot are within the tolerances specified for the grade: (1) For packages which contain more than 10 pounds, and a tolerance of 10 percent or more is provided, individual packages in any lot shall have not more than one and one-half times the tolerance specified. For packages which contain more than 10 pounds and a tolerance of less than 10 percent is provided, individual packages in any lot shall have not more than double the tolerance specified, except that at least VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00426 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 417 Agricultural Marketing Service, USDA § 51.1311 one pear which is seriously damaged by insects or affected by decay or internal breakdown may be permitted in any package. (2) For packages which contain 10 pounds or less, individual packages in any lot are not restricted as to the per centage of defects or off-size: Provided, That not more than four times the tol erance specified may be permitted in any package for pears which are seri ously damaged by insects or affected by decay or internal breakdown except that at least one defective pear may be permitted in any package. BASIS FOR CALCULATING PERCENTAGES § 51.1308 Basis for calculating percent ages. (a) When the numerical count is marked in the container or when pears are packed in a container to weigh 5 pounds or less, percentages shall be calculated on the basis of count. (b) When the minimum diameter or minimum and maximum diameters are marked on a container packed to weigh more than 5 pounds or when the pears are jumbled in a container packed to weigh more than 5 pounds, percentages shall be calculated on the basis of weight or an equivalent basis. CONDITION AFTER STORAGE OR TRANSIT § 51.1309 Condition after storage or transit. Decay, scald or other deterioration which may have developed on pears after they have been in storage or tran sit shall be considered as affecting con dition and not the grade. STANDARD PACK § 51.1310 Sizing. (a) The numerical count, or the min imum size of the pears packed in closed containers shall be indicated on the package. The number of pears in the box shall not vary more than 3 from the number indicated on the box. (b) When the numerical count is marked on western standard pear boxes the pears shall not vary more than three-eighths inch in their transverse diameter for counts 120 or less; one fourth inch for counts 135 to 180, inclu sive; and three-sixteenths inch for counts 193 or more. (c) When the numerical count is marked on western standard half boxes or special half boxes packed three tiers deep, the pears shall not vary more than three-eighths inch for coutns 75 or less; one-fourth inch for counts 80 to 110, inclusive; and three-sixteenths inch for counts 115 or more. (d) When the numerical count is marked on western standard half boxes or special half boxes packed two tiers deep, the pears shall not vary more than three-eighths inch for counts 50 or less; one-fourth inch for counts 55 to 70, inclusive; and three-sixteenths inch for counts 80 or more. (e) When the numerical count is not shown, the minimum size shall be plainly stamped, stenciled or otherwise marked on the container in terms of whole inches, whole and half inches, whole and quarter inches, or whole and eighth inches, as 21⁄2 inches minimum, 21⁄4 inches minimum, or 25⁄8 inches min imum, in accordance with the facts. It is suggested that both minimum and maximum sizes be marked on the con tainer, as 21⁄4 to 23⁄4 inches, 21⁄2 to 23⁄4 inches, as such marking is especially desirable for pears marketed in the ex port trade. (f) ‘‘Size’’ means the greatest trans verse diameter of the pear taken at right angles to a line running from the stem to the blossom end. § 51.1311 Packing. (a) Each package shall be packed so that the pears in the shown face shall be reasonably representative in size and quality of the contents of the package. (b) Pears packed in any container shall be tightly packed. All packages shall be well filled but the contents shall not show excessive or unneces sary bruising because of overfilled packages. (c) Pears packed in boxes shall be ar ranged in containers according to the approved and recognized methods with the pears packed lengthwise. A bridge shall not be allowed in any standard pack. When wrapped, each pear shall be fairly well enclosed by its individual wrapper. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00427 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 418 7 CFR Ch. I (1–1–17 Edition) § 51.1312 (d) Pears packed in round stave bush el baskets, tubs, or in barrels shall be ring faced. § 51.1312 Tolerances for standard pack. (a) In order to allow for variations in cident to proper sizing, not more than 5 percent of the pears in any lot may fail to meet the size requirements: Pro vided, That when the maximum and minimum sizes are both stated, an ad ditional 10 percent tolerance shall be allowed for pears which are larger than the maximum size stated. (b) In order to allow for variations in cident to proper packing, not more than 10 percent of the containers in any lot may fail to meet these require ments but no part of this tolerance shall be allowed for bridge packs, or for packs with different sizes and arrange ments such as layers of 195 size and ar rangement, and layers of 180 size and arrangement packed in the same box. DEFINITIONS § 51.1313 Mature. (a) Mature means that the pear has reached the stage of maturity which will insure the proper completion of the ripening process. (b) Before a mature pear becomes overripe it will show varying degrees of firmness depending upon the stage of the ripening process. Therefore, a statement of firmness should be given in order to indicate the stage of the ripening process. A description of the ground color should also be given. (1) The following terms should be used for describing the ground color: Green, Light Green, Yellowish Green, and Yellow. (2) The following terms should be used for describing the firmness of pears: (i) Hard means that the flesh of the pear is solid and does not yield appre ciably even to considerable pressure. (ii) Firm means that the flesh of the pear is fairly solid but yields somewhat to moderate pressure. (iii) Firm ripe means that the flesh of the pear yields readily to moderate pressure. (iv) Ripe means that the pear is at the stage where it is in its most desir able condition for eating. § 51.1314 Overripe. Overripe means dead ripe, very mealy or soft, past commercial utility. § 51.1315 Carefully hand-picked. Carefully hand-picked means that the pears do not show evidence of rough handling or of having been on the ground. § 51.1316 Clean. Clean means free from excessive dirt, dust, spray residue or other foreign material. § 51.1317 Well formed. Well formed means having the shape characteristic of the variety. Slight irregularities of shape from type which do not appreciably detract from the general appearance of the fruit shall be considered well formed. § 51.1318 Black end. Black end is evidenced by an abnor mally deep green color around the calyx, or black spots usually occurring on the one-third of the surface nearest to the calyx, or by an abnormally shal low calyx cavity. § 51.1319 Injury. Injury means any blemish or defect, that more than slightly affects the ap pearance, or the edible or shipping quality. The following shall be consid ered as injury: (a) Russeting which exceeds the fol lowing shall be considered as injury: (1) On all varieties any excessively rough russeting (russeting which shows ‘‘frogging’’ or slight cracking). (2) On Comice, and on Anjou and other smooth-skinned varieties, slight ly rough russeting, or thick russeting, such as is characteristic of frost injury, when the aggregate area exceeds one half inch in diameter. 2 (3) On Anjou and other smooth skinned varieties, smooth solid russeting when the aggregate area ex ceeds one-half inch in diameter and smooth net-like russeting when the ag gregate area exceeds 15 percent of the surface, and on Comice, smooth solid VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00428 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 419 Agricultural Marketing Service, USDA § 51.1321 or smooth netlike russeting when the aggregate area exceeds one-third of the surface, except that, in addition, on these and similar varieties, any amount of characteristic smooth russeting shall be permitted on that portion of the calyx end not visible for more than one-half inch along the con tour of the pear, when it is placed calyx end down on a flat surface. 2 (4) On any of the following and other similar varieties, rough or thick russeting such as is characteristic of frost injury when the aggregate area exceeds one-half inch in diameter. 2 On any of these varieties any amount of characteristic russeting is permitted whether due to natural causes such as weather or stimulated by artificial means; leaf whips or light limbrubs which resemble and blend into russeted areas shall be considered as russet: Bosc, Clairgeau, Easter Beurre, Flemish Beauty, Kieffer, P. Barry, Pound, Seckel, Sheldon, Winter Nelis, and other similar varieties. (b) Any one of the following defects or any combination thereof, the seri ousness of which exceeds the maximum allowed for any one defect, shall be considered as injury: (1) Limbrubs which are cracked, soft ened, more than very slightly de pressed, not light in color, or exceeding an aggregate area of three-fourths inch in diameter. 2 (2) Hail marks or other similar de pressions or scars which are not very shallow or superficial, or which affect an aggregate area of more than one fourth inch in diameter. 2 (3) Cork spot when a pear shows de pressions or the flesh of the pear is more than slightly affected. (4) Sunburn or sprayburn if the nor mal color of the fruit has been materi ally changed, or if the skin is blistered or cracked, or the flesh softened or dis colored. (5) More than two healed slight stings or depressions, or any stings which materially affect the general ap pearance of the fruit. (6) Blister mite or canker worm in jury which is not very shallow and su perficial or where the injury affects an aggregate area of more than one-fourth inch. 2 § 51.1320 Fairly well formed. Fairly well formed means that the pear may be slightly abnormal in shape but not to an extent which detracts materially from the appearance of the fruit. Winter Nelis pears with char acteristic slight sutures or with slight flattening on one side and/or other slight irregularities which do not ma terially detract from the general ap pearance of the pear shall be consid ered fairly well formed. § 51.1321 Damage. Damage means any injury or defect which materially affects the appear ance, or the edible or shipping quality. (a) Hard end shall be considered as damage if the pear shows an abnor mally yellow color at the blossom end, or an abnormally smooth rounded base with little or no depression at the calyx, or if the flesh near the calyx is abnormally dry and tough or woody. (b) Slight handling bruises and pack age bruises such as are incident to good commercial handling in the prepara tion of a tight pack shall not be consid ered damage. (c) Any pear with one skin break larger than three-sixteenths inch in di ameter of depth, or with more than one skin break one-eighth inch or larger in diameter or depth, shall be considered damaged, and scored against the grade tolerance. 2 (1) Small inconspicuous skin breaks, less than one-eighth inch in diameter or depth, shall not be considered dam age. In addition, not more than 15 per cent of the pears in any container may have not more than one skin break from one-eighth inch to three-six teenths inch, inclusive, in diameter or depth. 2 (d) Russeting which exceeds the fol lowing shall be considered as damage: (1) On all varieties excessively rough russeting (russeting which shows ‘‘frogging’’ or slight cracking) when the aggregate area exceeds one-half inch in diameter. 2 (2) On Anjou and other smooth skinned varieties, slightly rough russeting, or thick russeting such as is characteristic of frost injury, when the aggregate area exceeds three-fourths inch in diameter. 2 VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00429 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 420 7 CFR Ch. I (1–1–17 Edition) § 51.1322 (3) On Anjou, smooth solid or smooth netlike russeting when the aggregate area exceeds one-third of the surface, and on other smooth-skinned varieties, 15 percent of the surface, except that, in addition, on Anjou and other smooth-skinned varieties, any amount of characteristic smooth russeting shall be permitted on that portion of the calyx end not visible for more than one-half inch along the contour of the pear, when it is placed calyx end down on a flat surface. (4) On any of the following and other similar varieties, rough or thick russeting such as is characteristic of frost injury, when the aggregate area exceeds three-fourths inch in diameter. On any of these varieties any amount of characteristic russeting is permitted whether due to natural causes such as weather or stimulated by artificial means; leaf whips or light limbrubs which resemble and blend into russeted areas shall be considered as russet: Bosc, Clairgeau, Comice, Easter Beurre, Flemish Beauty, Kieffer, P. Barry, Pound, Seckel, Sheldon, Winter Nelis, and other similar varieties. (e) Any one of the following defects or any combination thereof, the seri ousness of which exceeds the maximum allowed for any one defect, shall be considered as damage: (1) Any limbrubs which are cracked, softened, or more than slightly de pressed. (2) Black discoloration caused by limbrubs which exceeds an aggregate area of three-eighths inch in diameter. (3) Dark brown discoloration or ex cessive roughness caused by limbrubs which exceeds an aggregate area of one-half inch in diameter. (4) Slightly rough, light colored dis coloration caused by limbrubs which exceeds an aggregate area of three fourths inch in diameter. (5) Smooth, light colored discolora tion caused by limbrubs which exceeds an aggregate area of 1 inch in diame ter. 2 (6) Hail marks or other similar de pressions or scars which are not shal low or superficial, or where the injury affects an aggregate area of more than three-eighths inch in diameter. 2 (7) Cork spot when more than one in number is visible externally or when the flesh is materially affected. (8) Drought spot when more than one in number, or when the external injury exceeds an aggregate area of three eighths inch in diameter, or when the appearance of the flesh is materially affected by corky tissue or brownish discoloration. 2 (9) Sunburn or sprayburn where the skin is blistered, cracked, or shows any light tan or brownish color, or the shape of the pear is appreciably flat tened, or the flesh is appreciably soft ened or changed in color, except that sprayburn of a russet character shall be considered under the definition of russeting. (10) Insects: (i) More than two healed codling moth stings, or any insect sting which is over three thirty-sec onds of an inch in diameter, or other insect stings affecting the appearance to an equal extent. 2 (ii) Blister mite or canker worm in jury which is not shallow or super ficial, or where the injury affects an aggregate area of more than three eighths inch in diameter. 2 (11) Disease: (i) Scab spots which are black and which cover an aggregate area of more than one-fourth inch in diameter, except that scab spots of a russet character shall be considered under the definition of russeting. 2 (ii) Sooty blotch which is thinly scat tered over more than 5 percent of the surface, or dark, heavily concentrated spots which affect an area of more than three-eighths inch in diameter. 2 § 51.1322 Seriously misshapen. Seriously misshapen means that the pear is excessively flattened or elon gated for the variety, or is constricted or deformed so it will not cut three fairly uniform good quarters, or is so badly misshapen that the appearance is seriously affected. § 51.1323 Serious damage. Serious damage means any injury or defect which seriously affects the ap pearance, or the edible or shipping quality. (a) Russeting which in the aggregate exceeds the following shall be consid ered as serious damage: VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00430 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 421 Agricultural Marketing Service, USDA § 51.1347 (1) On all varieties, excessively rough russeting (russeting which shows ‘‘frogging’’ or slight cracking) when the aggregate area exceeds three fourths inch in diameter. 2 (2) On all varieties, thick russeting such as is characteristic of frost injury, 15 percent of the surface. (3) On Anjou, smooth solid or smooth netlike russeting when the aggregate area exceeds two-thirds of the surface, except that, in addition, any amount of characteristic smooth russeting shall be permitted on that portion of the calyx end not visible for more than one-half inch along the contour of the pear, when it is placed calyx end down on a flat surface. On Flemish Beauty smooth russeting shall be permitted on the entire surface. (b) Any one of the following defects or combination thereof, the seriousness of which exceeds the maximum allowed for any one defect, shall be considered as serious damage: (1) Limbrubs which are more than slightly cracked, or excessively rough limbrubs or dark brown or black discol oration caused by limbrubs which ex ceeds an aggregate area of three fourths inch in diameter. 2 (2) Other limbrubs which affect an aggregate area of more than one-tenth of the surface. (3) Hail marks or other similar de pressions or scars which affect an ag gregate area of more than three fourths inch in diameter, or which ma terially deform or disfigure the fruit. 2 (4) Cork spot when more than two in number are visible externally or when the flesh is seriously affected. (5) Drought spot when more than two in number, or where the external in jury affects an aggregate area of more than three-fourths inch in diameter, or when the appearance of the flesh is se riously affected by corky tissue or brownish discoloration. 2 (6) Sunburn or sprayburn where the skin is blistered, cracked or shows any brownish color, or where the shape of the pear is materially flattened, or the flesh is softened or materially changed in color, except that sprayburn of a russet character shall be considered under the definition of russeting. (7) Insects: (i) Worm holes. More than three healed codling moth stings, of which not more than two may be over three thirty-seconds of an inch in di ameter, or other insect stings affecting the appearance to an equal extent. 2 (ii) Blister mite or canker worm in jury which affects an aggregate area of more than three-fourths inch in diame ter or which materially deforms or dis figures the fruit. 2 (8) Disease: (i) Scab spots which are black, and which cover an aggregate area of more than one-half inch in di ameter, except that scab spots of a rus set character shall be considered under the definition of russeting. 2 (ii) Sooty blotch which is thinly scat tered over more than 15 percent of the surface, or dark heavily concentrated spots which affect an area of more than three-fourths inch in diameter. 2 Subpart—United States Standards for Pears for Canning SOURCE: 35 FR 6957, May 1, 1970, unless oth erwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. GENERAL § 51.1345 General. All percentages shall be calculated on the basis of weight. GRADES § 51.1346 U.S. No. 1. ‘‘U.S. No. 1’’ consists of pears of one variety which are mature, handpicked, firm, well formed, free from scald, hard end, black end, internal breakdown, decay, worms and worm holes, and from damage caused by broken skins, limbrubs, sprayburn, sunburn, scab, russeting, bruises, hail, frost, drought spot, disease, insects, mechanical or other means. Unless otherwise speci fied, the pears shall not be further ad vanced than yellowish green. Tree-rip ened pears and pears grown from late blooms shall not be considered as meet ing the requirements of this grade. (See §§ 51.1349 and 51.1350.) § 51.1347 U.S. No. 2. ‘‘U.S. No. 2’’ consists of pears of one variety which are mature, handpicked, firm, not seriously deformed, free from VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00431 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 422 7 CFR Ch. I (1–1–17 Edition) § 51.1348 scald, hard end, black end, internal breakdown, decay, worms and worm holes, and free from serious damage by any other cause. Unless otherwise spec ified, the pears shall not be further ad vanced than yellowish green. Tree-rip ened pears and pears grown from late blooms shall not be considered as meet ing the requirements of this grade. (See §§ 51.1349 and 51.1350.) CULLS § 51.1348 Culls. ‘‘Culls’’ are pears which do not meet the requirements of either of the fore going grades. SIZE § 51.1349 Size. Size may be specified in connection with a grade by agreement between buyer and seller and stated in terms of minimum diameter or minimum and maximum diameters. Diameters shall be specified in inches and not less than eighth-inch fractions thereof. In addi tion, size may be stated in terms of ratio of length to diameter. APPLICATION OF STANDARDS § 51.1350 Application of standards. (a) Tolerances shall not apply in the application of the standards to deter mine the percentages of U.S. No. 1 and U.S. No. 2 quality, culls and off-size in a lot of pears; for example, when deter mining compliance with a grower-proc essor contract. (b) Tolerances. The following toler ances, by weight, shall apply when a lot of pears has been sorted to meet a specific grade, such as a shipment to a processor which is intended to meet the requirements of the U.S. No. 1 grade: (1) For defects. 10 percent for pears which fail to meet the requirements of the grade: Provided, That included in this amount not more than the fol lowing percentages shall be allowed for the defects listed: (i) 2 percent for pears which are af fected by decay. (ii) 5 percent for pears which are in fested by worms or have worm holes. (2) For off-size. 5 percent for pears which are smaller than any specified minimum size, and 10 percent for pears larger than any specified maximum size. DEFINITIONS § 51.1351 Mature. Mature means that the pear has reached the stage of maturity which will insure the proper completion of the ripening process. § 51.1352 Handpicked. Handpicked means that the pears do not show evidence of having been on the ground. § 51.1353 Firm. Firm means that the pear is fairly solid and yields only very slightly to moderate pressure, and is not wilted, shriveled, rubbery or flabby. § 51.1354 Well formed. Well formed means that the pear has the shape characteristic of the variety, so that after paring, cutting in halves, and coring, each half of the pear shall be well formed. Bartlett pears shall have at least a fairly well developed neck. [35 FR 6958, May 1, 1970, as amended at 35 FR 7249, May 8, 1970. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981] § 51.1355 Damage. Damage means any injury or defect which materially affects the processing quality of the fruit. After paring, cut ting in halves, and coring, each half of the pear shall be well formed or the pear is considered damaged. Pears showing surface blemishes shall be con sidered damaged when the injury can not be completely removed in the ordi nary process of paring for commercial use. § 51.1356 Pears grown from late blooms. Pears grown from late blooms. Such pears often have excessively long stems (commonly termed ‘‘rat tails’’), or may be misshapen or slightly rough. Such pears do not ripen properly for ordi nary canning use. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00432 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 423 Agricultural Marketing Service, USDA § 51.1403 1 Packing of the product in conformity with the requirements of these standards shall not excuse failure to comply with the provisions of the Federal Food, Drug, and Cosmetic Act or with applicable State laws and regulations. § 51.1357 Seriously deformed. Seriously deformed means that the pear is so badly misshapen as to cause a loss during the usual commercial preparation for use of over 20 percent, by weight, of the pear in excess of that which would occur if the pear were well formed. Round or apple-shaped pears shall not be considered seriously de formed. § 51.1358 Serious damage. Serious damage means any injury or defect which cannot be removed during the usual commercial preparation for use without a loss of over 20 percent, by weight, of the pear in excess of that which would occur if the pear were not defective. § 51.1359 Diameter. Diameter means the greatest dimen sion of the pear taken at right angles to a line running from the stem to the blossom end. Subpart—United States Standards for Grades of Pecans in the Shell 1 SOURCE: 41 FR 39303, Sept. 15, 1976, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. GRADES § 51.1400 U.S. No. 1. ‘‘U.S. No. 1’’ consists of pecans in the shell which meet the following require ments: (a) Free from loose extraneous or for eign material. (b) Shells are: (1) Fairly uniform in color; and, (2) Free from damage by any cause. (c) Kernels are: (1) Free from damage by any cause. (d) For tolerances see § 51.1404. § 51.1401 U.S. No. 2. The requirements for this grade are the same as for U.S. No. 1 except for: (a) No requirement for uniformity of color of shells; and, (b) Increased tolerances for defects see § 51.1404. SIZE CLASSIFICATION § 51.1402 Size classification. Size of pecans may be specified in connection with the grade in accord ance with one of the following classi fications. To meet the requirements for any one of these classifications, the lot must conform to both the specified number of nuts per pound and the weight of the 10 smallest nuts per 100 nut sample. Size classifica tion Number of nuts per pound Minimum weight of the 10 smallest nuts in a 100-nut sample Oversize ........ Extra large ..... Large ............. Medium .......... Small ............. 55 or less ..... 56 to 63 ........ 64 to 77 ........ 78 to 95 ........ 96 to 120 ...... In each classification, the 10 smallest nuts per 100 must weigh at least 7 pct of the total weight of a 100-nut sample. KERNEL COLOR CLASSIFICATION § 51.1403 Kernel color classification. (a) The skin color of pecan kernels may be described in terms of the color classifications provided in this section. When the color of kernels in a lot gen erally conforms to the ‘‘light’’ or ‘‘light amber’’ classification, that color classification may be used to describe the lot in connection with the grade. (1) ‘‘Light’’ means that the outer sur face of the kernel is mostly golden color or lighter, with not more than 25 percent of the outer surface darker than golden, none of which is darker than light brown. (2) ‘‘Light amber’’ means that more than 25 percent of the outer surface of the kernel is light brown, with not more than 25 percent of the outer sur face darker than light brown, none of which is darker than medium brown. (3) ‘‘Amber’’ means that more than 25 percent of the outer surface of the ker nel is medium brown, with not more than 25 percent of the outer surface darker than medium brown, none of which is darker than dark brown (very dark-brown or blackish-brown discol oration). (4) ‘‘Dark amber’’ means that more than 25 percent of the outer surface of VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00433 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 424 7 CFR Ch. I (1–1–17 Edition) § 51.1404 the kernel is dark brown, with not more than 25 percent of the outer sur face darker than dark brown (very dark-brown or blackish-brown discol oration). (b) U.S. Department of Agriculture kernel color standards, Pec-MC-1, con sisting of plastic models of pecan ker nels, illustrate the color intensities implied by the terms ‘‘golden,’’ ‘‘light brown,’’ ‘‘medium brown’’ and ‘‘dark brown’’ referred to in paragraph (a) of this section. These color standards may be examined in the Fruit and Veg etable Division, AMS, U.S. Department of Agriculture, South Building, Wash ington, D.C. 20250; in any field office of the Fresh Fruit and Vegetable Inspec tion Service; or upon request of any au thorized inspector of such service. Du plicates of the color standards may be purchased from NASCO, Fort Atkin son, Wisconsin 53538. TOLERANCES § 51.1404 Tolerances. In order to allow the variations inci dent to proper grading and handling in each of the foregoing grades, the fol lowing tolerances are provided as spec ified: (a) U.S. No. 1—(1) For shell defects, by count. (i) 5 percent for pecans with damaged shells, including therein not more than 2 percent for shells which are seriously damaged. (2) For kernel defects, by count. (i) 12 percent for pecans with kernels which fail to meet the requirements for the grade or any specified color classifica tion, including therein not more than 7 percent for kernels which are seriously damaged: Provided, That not more than six-sevenths of this amount, or 6 per cent, shall be allowed for kernels which are rancid, moldy, decayed or injured by insects: And provided further, That included in this 6 percent tolerance not more than one-half of one percent shall be allowed for pecans with live insects inside the shell. (ii) In addition, 8 percent for kernels which fail to meet the color require ments for the grade or for any specified color classification, but which are not seriously damaged by dark discolora tion of the skin: Provided, That these kernels meet the requirements for the grade other than for skin color. (3) For loose extraneous or foreign mate rial, by weight. (i) 0.5 percent (one-half of 1 percent). (b) U.S. No. 2—(1) For shell defects, by count. (i) 10 percent for pecans with damaged shells, including therein not more than 3 percent for shells which are seriously damaged. (2) For kernel defects, by count. (i) 30 percent for pecans with kernels which fail to meet the requirements of the U.S. No. 1 grade, including therein not more than 10 percent for pecans with kernels which are seriously damaged: Provided, That not more than seven tenths of this amount, or 7 percent, shall be allowed for kernels which are rancid, moldy, decayed or injured by insects: And provided further, That in cluded in this 7 percent tolerance not more than one-half of one percent shall be allowed for pecans with live insects inside the shell. (3) For loose extraneous or foreign mate rial, by weight. (i) 0.5 percent (one-half of 1 percent). APPLICATION OF TOLERANCES § 51.1405 Application of tolerances. Individual 100–count samples shall have not more than one and one-half times a specified tolerance of 5 percent or more and not more than double a tolerance of less than 5 percent, except that at least one pecan which is seri ously damaged by live insects inside the shell is permitted: Provided, That the averages for the entire lot are within the tolerances specified for the grade. SAMPLE FOR GRADE OR SIZE DETERMINATION § 51.1406 Sample for grade or size de termination. Each sample shall consist of 100 pe cans. The individual sample shall be drawn at random from a sufficient number of packages to form a 100-count composite sample. The number of such individual 100-count samples drawn for grade or size determination will vary with the size of the lot. When prac ticable, at point of packaging the sam ple may be obtained from the grading belt after sorting has been completed. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00434 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 425 Agricultural Marketing Service, USDA § 51.1411 DEFINITIONS § 51.1407 Fairly uniform in color. Fairly uniform in color means that the shells do not show sufficient variation in color to materially detract from the general appearance of the lot. § 51.1408 Loose extraneous or foreign material. Loose extraneous or foreign material means loose hulls, empty broken shells, or any substance other than pe cans in the shell or pecan kernels. § 51.1409 Well developed. Well developed means that the kernel has a large amount of meat in propor tion to its width and length (see Figure 1). § 51.1410 Fairly well developed. Fairly well developed means that the kernel has at least a moderate amount of meat in proportion to its width and length. Shriveling and hollowness shall be considered only to the extent that they have reduced the meatiness of the kernel (see Figure 1). § 51.1411 Poorly developed. Poorly developed means that the ker nel has a small amount of meat in pro portion to its width and length (see Figure 1). VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00435 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 426 7 CFR Ch. I (1–1–17 Edition) § 51.1412 § 51.1412 Well cured. Well cured means that the kernel sep arates freely from the shell, breaks cleanly when bent, without splintering, shattering, or loosening the skin; and the kernel appears to be in good ship ping or storage condition as to mois ture content. § 51.1413 Damage. Damage means any specific defect de scribed in this section; or an equally objectionable variation of any one of these defects, or any other defect, or any combination of defects, which ma terially detracts from the appearance or the edible or marketing quality of the individual pecan or the general ap pearance of the pecans in the lot. The following defects shall be considered as damage: (a) Adhering hull material or dark stains affecting an aggregate of more than 5 percent of the surface of the in dividual shell; VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00436 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31 EC 0 2 S E 9 1 .0 4 6 < /G P H > lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 427 Agricultural Marketing Service, USDA § 51.1416 (b) Split or cracked shells when the shell is spread apart or will spread upon application of slight pressure; (c) Broken shells when any portion of the shell is missing; (d) Kernels which are not well cured; (e) Poorly developed kernels; (f) Kernels which are dark amber in color; (g) Kernel spots when more than one dark spot is present on either half of the kernel, or when any such spot is more than one-eighth inch (3 mm) in greatest dimension; (h) Adhering material from the inside of the shell when firmly attached to more than one-third of the outer sur face of the kernel and contrasting in color with the skin of the kernel; and, (i) Internal flesh discoloration of a medium shade of gray or brown extend ing more than one-fourth inch (6 mm) lengthwise beneath the center ridge, or any equally objectionable amount in other portions of the kernel; or lesser areas of dark discoloration affecting the appearance to an equal or greater extent. § 51.1414 Serious damage. Serious damage means any specific de fect described in this section; or an equally objectionable variation of any one of these defects, or any other de fect, or any combination of defects, which seriously detracts from the ap pearance or the edible or marketing quality of the individual pecan. The following defects shall be considered as serious damage: (a) Adhering hull material or dark stains affecting an aggregate of more than 20 percent of the individual shell; (b) Broken shells when the missing portion of shell is greater in area than a circle one-fourth inch (6 mm) in di ameter; (c) Worm holes when penetrating the shell; (d) Rancidity when the kernel is dis tinctly rancid to the taste. Staleness of flavor shall not be classed as rancidity; (e) Mold, on the surface or inside the kernel, which is plainly visible without magnification; (f) Decay affecting any portion of the kernel; (g) Insect injury when the insect, web or frass is present inside the shell, or the kernal shows distinct evidence of insect feeding; (h) Kernel spots when more than three dark spots on either half of the kernel, or when any spot or the aggre gate of two or more spots on one of the halves of the kernel affects more than 10 percent of the surface; (i) Dark discoloration of the skin which is darker than dark amber over more than 25 percent of the outer sur face of the kernel; (j) Internal flesh discoloration of a dark shade extending more than one third the length of the kernel beneath the ridge, or an equally objectionable amount of dark discoloration in other portions of the kernel; and, (k) Undeveloped kernels having prac tically no food value, or which are blank (complete shell containing no kernel). § 51.1415 Inedible kernels. Inedible kernels means that the kernel or pieces of kernels are rancid, moldy, decayed, injured by insects or other wise unsuitable for human consump tion. OPTIONAL DETERMINATIONS § 51.1416 Optional determinations. The determinations set forth herein are not requirements of these stand ards. They may be performed upon re quest in connection with the grade de termination or as a separate deter mination. Samples of pecans for these determinations shall be taken at ran dom from a composite sample drawn throughout the lot. (a) Edible kernel content. A minimum sample of at least 500 grams of in-shell pecans shall be used for determination of edible kernel content. After the sample is weighed and shelled, edible appearing half kernels and pieces of kernels shall be separated from shells, center wall, and other non-kernel ma terial, and inedible kernels (see § 51.1415) and pieces of kernels, and weighed to determine edible kernel content for the lot. (b) Poorly developed kernel content. A minimum sample of at least 500 grams of in-shell pecans shall be used for de termination of poorly developed kernel VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00437 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 428 7 CFR Ch. I (1–1–17 Edition) § 51.1430 content. The amount of poorly devel oped kernels and pieces of kernels shall be weighed to determine poorly devel oped kernel content of the lot (see § 51.1411 and Figure 1). (c) Edible kernel content color classi fication. The amount of ‘‘Light,’’ ‘‘Light amber,’’ ‘‘Amber,’’ ‘‘Dark amber’’ and darker shades of skin color shall be determined according to § 51.1403, Kernel Color Classification. The total weight of edible kernels and pieces of kernels shall be the basis for determining color classification con tent for the lot. (d) Kernel moisture content. The sam ple of pecans for determination of ker nel moisture content shall be shelled immediately before analysis and all shells, center wall and other non-ker nel material removed. The air-oven or other methods or devices which give equivalent results shall be used for moisture content determination. Subpart—United States Standards for Grades of Shelled Pecans SOURCE: 34 FR 9377, June 14, 1969, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. GRADES § 51.1430 U.S. No. 1 Halves. ‘‘U.S. No. 1 Halves’’ consists of pecan half-kernels which meet the following requirements: (a) For quality: (1) Well dried; (2) Fairly well developed; (3) Fairly uniform in color; (4) Not darker than ‘‘amber’’ skin color; (5) Free from damage or serious dam age by any cause; (6) Free from pieces of shell, center wall and foreign material; and, (7) Comply with tolerances for de fects (see § 51.1439); and, (b) For size: (1) Halves are fairly uniform in size; (2) Halves conform to size classifica tion or count specified; and, (3) Comply with tolerances for pieces, particles, and dust (see § 51.1437). § 51.1431 U.S. No. 1 Halves and Pieces. The requirements for this grade are the same as those for U.S. No. 1 Halves except: (a) For size: (1) At least 50 percent, by weight, are half-kernels; (2) Both halves and pieces will not pass through a 5⁄16–inch round opening; and, (3) Comply with tolerances for undersize. (See Table III.) § 51.1432 U.S. No. 1 Pieces. The requirements for this grade are the same as those for U.S. No. 1 Halves except: (a) For quality: (1) No requirement for uniformity of color; and, (b) For size: (1) No requirement for percentage of half-kernels; (2) Conform to any size classification or other size description specified; and, (3) Comply with applicable tolerances for off-size. (See Table III.) § 51.1433 U.S. Commercial Halves. The requirements for this grade are the same as those for U.S. No. 1 Halves except: (a) For quality: (1) No requirement for uniformity of color; and, (2) Increased tolerances for defects (see § 51.1439); and, (b) For size: (1) No requirement for uniformity of size. § 51.1434 U.S. Commercial Halves and Pieces. The requirements for this grade are the same as those for U.S. No. 1 Halves and Pieces except: (a) For quality: (1) No requirement for uniformity of color; and, (2) Increased tolerances for defects. (See § 51.1439.) § 51.1435 U.S. Commercial Pieces. The requirements for this grade are the same as those for U.S. No. 1 Pieces except for: (a) Increased tolerances for defects. (See § 51.1439.) VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00438 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 429 Agricultural Marketing Service, USDA § 51.1437 COLOR CLASSIFICATIONS § 51.1436 Color classifications. (a) The skin color of pecan kernels may be described in terms of the color classifications provided in this section. When the color of kernels in a lot gen erally conforms to the ‘‘light’’ or ‘‘light amber’’ classification, that color classification may be used to describe the lot in connection with the grade. (1) ‘‘Light’’ means that the kernel is mostly golden color or lighter, with not more than 25 percent of the surface darker than golden, and none of the surface darker than light brown. (2) ‘‘Light amber’’ means that the kernel has more than 25 percent of its surface light brown, but not more than 25 percent of the surface darker than light brown, and none of the surface darker than medium brown. (3) ‘‘Amber’’ means that the kernel has more than 25 percent of the surface medium brown, but not more than 25 percent of the surface darker than me dium brown, and none of the surface darker than dark brown (very dark brown or blackish-brown discolora tion). (4) ‘‘Dark amber’’ means that the kernel has more than 25 percent of the surface dark brown, but not more than 25 percent of the surface darker than dark brown (very dark-brown or black ish-brown discoloration). (b) U.S. Department of Agriculture kernel color standards, PEC-MC-1, con sisting of plastic models of pecan ker nels, illustrate the color intensities implied by the terms ‘‘golden,’’ ‘‘light brown,’’ ‘‘medium brown,’’ and ‘‘dark brown’’ referred to in paragraph (a) of this section. These color standards may be examined in the Fruit and Veg etable Division, AMS, U.S. Department of Agriculture, South Building, Wash ington, D.C. 20250; in any field office of the Fresh Fruit and Vegetable Inspec tion Service; or upon request of any au thorized inspector of such Service. Du plicates of the color standards may be purchased from NASCO, Fort Atkin son, Wis. 53538. SIZE CLASSIFICATIONS § 51.1437 Size classifications for halves. The size of pecan halves in a lot may be specified in accordance with one of the size classifications shown in Table I: TABLE I Size classifications for halves Number of halves per pound Mammoth ............................................... 250 or less. Junior mammoth .................................... 251–300. Jumbo .................................................... 301–350. Extra large ............................................. 351–450. Large ...................................................... 451–550. Medium .................................................. 551–650. Small (topper) ........................................ 651–750. Midget .................................................... 751 or more. (a) The number of halves per pound shall be based upon the weight of half kernels after all pieces, particles and dust, shell, center wall, and foreign material have been removed. (b) In lieu of the size classifications in Table I, the size of pecan halves in a lot may be specified in terms of the number of halves or a range of numbers of halves per pound. For example, ‘‘400’’ or ‘‘600–700’’. (c) Tolerance for count per pound: In order to allow for variations incident to proper sizing, a tolerance shall be permitted as follows: (1) When an exact number of halves per pound is specified, the actual count per pound may vary not more than 5 percent from the specified number; and, (2) When any size classification shown in Table I or a range in count per pound is specified, no tolerance shall be allowed for counts outside of the specified range. (d) Tolerances for pieces, particles, and dust. In order to allow for variations incident to proper sizing and handling, not more than 15 percent, by weight, of any lot may consist of pieces, particles, and dust: Provided, That not more than one-third of this amount, or 5 percent, shall be allowed for portions less than one-half of a complete half-kernel, in cluding not more than 1 percent for particles and dust. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00439 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 430 7 CFR Ch. I (1–1–17 Edition) § 51.1438 § 51.1438 Size classifications for pieces. The size of pecan pieces in a lot may be specified in accordance with one of the size classifications shown in Table II. TABLE II Size classification Maximum diame ter (will pass through round opening of fol lowing diameter) Minimum diameter (will not pass through round opening of fol lowing diameter) (inch) Mammoth pieces ... No limitation ....... 8⁄16 Extra large pieces .. 9⁄16 inch .............. 7⁄16 Halves and pieces No limitation ....... 5⁄16 Large pieces .......... 8⁄16 inch .............. 5⁄16 Medium pieces ....... 6⁄16 inch .............. 3⁄16 Small pieces .......... 4⁄16 inch .............. 2⁄16 Midget pieces ......... 3⁄16 inch .............. 1⁄16 Granules ................ 2⁄16 inch .............. 1⁄16 (a) In lieu of the size classifications in Table II, the size of pieces in a lot may be specified in terms of minimum diameter, or as a range described in terms of minimum and maximum di ameters expressed in sixteenths or sixty-fourths of an inch. (b) Tolerances for size of pieces: In order to allow for variations incident to proper sizing, tolerances are pro vided for pieces in a lot which fail to meet the requirements of any size spec ified. The tolerances, by weight, are shown in Table III. TABLE III [Percent] Size classification Total toler ance for offsize pieces Tolerance (in cluded in total tolerance) for pieces smaller than 2⁄16 1⁄16 inch Mammoth pieces ....................... 15 1 Extra large pieces ..................... 15 1 Halves and pieces ..................... 15 1 Large pieces .............................. 15 1 Medium pieces .......................... 15 2 Small pieces .............................. 15 2 Midget pieces ............................ 15 ............ 2 Granules .................................... 15 ............ 5 Other specified size ................... 15 1 ............ TOLERANCES FOR DEFECTS § 51.1439 Tolerances for defects. In order to allow for variations inci dent to proper grading and handling in each of the foregoing grades, the fol lowing tolerances, by weight, are pro vided as specified: (a) U.S. No. 1 Halves, U.S. No. 1 Halves and Pieces, and U.S. No. 1 Pieces grades: (1) 0.05 percent for shell, center wall, and foreign material; (2) 3 percent for portions of kernels which are ‘‘dark amber’’ or darker color, or darker than any specified lighter color classification but which are not otherwise defective; and, (3) 3 percent for portions of kernels which fail to meet the remaining re quirements of the grade, including therein not more than 0.50 percent for defects causing serious damage: Pro vided, That any unused portion of this tolerance may be applied to increase the tolerance for kernels which are ‘‘dark amber’’ or darker color, or dark er than any specified lighter color clas sification. (b) U.S. Commercial Halves, U.S. Commercial Halves and Pieces, and U.S. Commercial Pieces grades: (1) 0.15 percent for shell, center wall, and foreign material; (2) 25 percent for portions of kernels which are ‘‘dark amber’’ or darker color, or darker than any specified lighter color classification, but which are not otherwise defective; and, (3) 8 percent for portions of kernels which fail to meet the remaining re quirements of the grade, including therein not more than 1 percent for de fects causing serious damage. APPLICATION OF STANDARDS § 51.1440 Application of standards. The grade of a lot of shelled pecans shall be determined on the basis of a composite sample drawn at random from containers in various locations in the lot. However, any identifiable con tainer or number of containers in which the pecans are obviously of a quality or size materially different from that in the majority of con tainers, shall be considered as a sepa rate lot, and shall be sampled and grad ed separately. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00440 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 431 Agricultural Marketing Service, USDA § 51.1450 DEFINITIONS § 51.1441 Half-kernel. Half-kernel means one of the sepa rated halves of an entire pecan kernel with not more than one-eighth of its original volume missing, exclusive of the portion which formerly connected the two halves of the kernel. § 51.1442 Piece. Piece means a portion of a kernel which is less than seven-eighths of a half-kernel, but which will not pass through a round opening two-six teenths inch in diameter. § 51.1443 Particles and dust. Particles and dust means, for all size designations except ‘‘midget pieces’’ and ‘‘granules,’’ fragments of kernels which will pass through a round open ing two-sixteenths inch in diameter. § 51.1444 Well dried. Well dried means that the portion of kernel is firm and crisp, not pliable or leathery. § 51.1445 Fairly well developed. Fairly well developed means that the kernel has at least a moderate amount of meat in proportion to its width and length. (See Figure 1.) § 51.1446 Poorly developed. Poorly developed means that the ker nel has a small amount of meat in pro portion to its width and length. (See Figure 1.) § 51.1447 Fairly uniform in color. Fairly uniform in color means that 90 percent or more of the kernels in the lot have skin color within the range of one or two color classifications. § 51.1448 Fairly uniform in size. Fairly uniform in size means that, in a representative sample of 100 halves, the 10 smallest halves weigh not less than one-half as much as the 10 largest halves. § 51.1449 Damage. Damage means any specific defect de scribed in this section; or an equally objectionable variation of any one of these defects, or any other defect, or any combination of defects, which ma terially detracts from the appearance or the edible or marketing quality of the individual portion of the kernel or of the lot as a whole. The following de fects should be considered as damage: (a) Adhering material from inside the shell when attached to more than one fourth of the surface on one side of the half-kernel or piece; (b) Dust or dirt adhering to the ker nel when conspicuous; (c) Kernel which is not well dried; (d) Kernel which is ‘‘dark amber’’ or darker color; (e) Kernel having more than one dark kernel spot, or one dark kernel spot more than one-eighth inch in greatest dimension; (f) Shriveling when the surface of the kernel is very conspicuously wrinkled; (g) Internal flesh discoloration of a medium shade of gray or brown extend ing more than one-fourth the length of the half-kernel or piece, or lesser areas of dark discoloration affecting the ap pearance to an equal or greater extent; and, (h) Poorly developed kernel. (See Figure 1.) § 51.1450 Serious damage. Serious damage means any specific de fect described in this section; or an equally objectionable variation of any one of these defects, or any other de fect, or any combination of defects, which seriously detracts from the ap pearance or the edible or marketing quality of the individual portion of kernel or of the lot as a whole. The fol lowing defects shall be considered as serious damage: (a) Any plainly visible mold; (b) Rancidity when the kernel is dis tinctly rancid to the taste. Staleness of flavor shall not be classed as rancidity; (c) Decay affecting any portion of the kernel; (d) Insects, web, or frass or any dis tinct evidence of insect feeding on the kernel; (e) Internal discoloration which is dark gray, dark brown, or black and extends more than one-third the length of the half-kernel or piece; (f) Adhering material from inside the shell when attached to more than one VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00441 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 432 7 CFR Ch. I (1–1–17 Edition) § 51.1451 half of the surface on one side of the half-kernel or piece; (g) Dark kernel spots when more than three are on the kernel, or when any dark kernel spot or the aggregate of two or more spots affect an area of more than 10 percent of the surface of the half-kernel or piece; (h) Dark skin discoloration, darker than ‘‘dark brown,’’ when covering more than one-fourth of the surface of the half-kernel or piece; and, (i) Undeveloped kernel. (See Figure 1.) METRIC CONVERSION TABLE § 51.1451 Metric conversion table. Inches Millimeters (mm) 8⁄16 ..................................................................... 12.7 7⁄16 ..................................................................... 11.1 6⁄16 ..................................................................... 9.5 5⁄16 ..................................................................... 7.9 Inches Millimeters (mm) 4⁄16 ..................................................................... 6.4 3⁄16 ..................................................................... 4.8 2⁄16 ..................................................................... 3.2 6⁄64 ..................................................................... 2.4 5⁄64 ..................................................................... 2.0 1⁄16 ..................................................................... 1.6 VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00442 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31 EC 0 2 S E 9 1 .0 4 7 < /G P H > lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 433 Agricultural Marketing Service, USDA § 51.1525 1 Shipping point, as used in these stand ards, means the point of origin of the ship ment in the producing area or at port of loading for ship stores or overseas shipment, or, in the case of shipments from outside the continental United States, the port of entry into the United States. Subpart—United States Standards for Grades of Fresh Plums and Prunes SOURCE: 69 FR 9193, Feb. 27, 2004, unless otherwise noted. GRADES § 51.1520 U.S. Fancy. ‘‘U.S. Fancy’’ consists of plums or prunes of one variety which are well formed, clean, mature but not overripe or soft or shriveled; which are free from decay, sunscald, heat injury, sun burn, split pits and hail marks, and free from damage caused by broken skins, growth cracks, drought spots, gum spots, russeting, scars, other dis ease, insects or mechanical or other means. (a) Italian type prunes shall be well colored and, unless otherwise specified, shall be not less than 11⁄4 inches in di ameter. (See § 51.1525.) (b) [Reserved] § 51.1521 U.S. No. 1. ‘‘U.S. No. 1’’ consists of plums or prunes of one variety which are well formed, clean, mature but not overripe or soft or shriveled; which are free from decay and sunscald, and free from damage caused by broken skins, heat injury, growth cracks, sunburn, split pits, hail marks, drought spots, gum spots, russeting, scars, other disease, insects or mechanical or other means. (a) Italian type prunes shall be fairly well colored and, unless otherwise spec ified, shall be not less than 11⁄4 inches in diameter. (See § 51.1525.) (b) [Reserved] § 51.1522 U.S. Combination. ‘‘U.S. Combination’’ consists of a combination of U.S. No. 1 and U.S. No. 2 plums or prunes: Provided, That at least 75 percent, by count, meet the re quirements of U.S. No. 1 grade. (See § 51.1525.) § 51.1523 U.S. No. 2. ‘‘U.S. No. 2’’ consists of plums or prunes of one variety which are not badly misshapen, which are clean, ma ture but not overripe or soft or shriv eled; which are free from decay and sunscald, and free from serious damage caused by broken skins, heat injury, growth cracks, sunburn, split pits, hail marks, drought spots, gum spots, russeting, scars, other disease, insects or mechanical or other means. (See § 51.1525.) § 51.1524 [Reserved] TOLERANCES § 51.1525 Tolerances. In order to allow for variations inci dent to proper grading and handling in each of the following grades, the fol lowing tolerances, by count, based on a minimum 50-count sample, except when packages contain less than 50 fruit, a minimum 25-count sample shall be examined, (when packages contain less than 25 fruit adjoining packages shall be opened to obtain the 25-count minimum sample), are provided as specified: (a) U.S. Fancy and U.S. No. 1—(1) For defects of plums or prunes other than Italian type prunes at shipping point. 1 8 percent for fruit which fails to meet the requirements of the specified grade: Provided, That included in this amount not more than 4 percent shall be allowed for defects causing serious damage, including in this latter amount not more than one-half of 1 percent for fruit which is affected by decay. (2) For defects of plums or prunes other than Italian type prunes en route or at destination. 12 percent for fruit which fails to meet the requirements of the specified grade: Provided, That included in this amount not more than the fol lowing percentages shall be allowed for defects listed: (i) 8 percent for permanent defects; (ii) 6 percent for defects causing seri ous damage, including therein not more than 4 percent for serious damage by permanent defects and not more than 2 percent for decay. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00443 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 434 7 CFR Ch. I (1–1–17 Edition) § 51.1526 (3) For defects of Italian type prunes at shipping point.1 Not more than a total of 12 percent of the fruit in any lot may fail to meet the requirements of the specified grade: Provided, That included in this amount not more than the fol lowing percentages shall be allowed for the defects listed: (i) 10 percent for prunes which fail to meet the color requirement; (ii) 10 percent for prunes which fail to meet the minimum diameter require ment; (iii) 8 percent for prunes which fail to meet the remaining requirements of the grade: Provided, That not more than one-half of this amount, or 4 per cent, shall be allowed for defects caus ing serious damage, including in the latter amount not more than one-half of 1 percent for decay. (4) For defects of Italian type prunes en route or at destination. Not more than a total of 18 percent of the fruit in any lot may fail to meet the require ments of the specified grade: Provided, That included in this amount not more than the following percentages shall be allowed for the defects listed: (i) 12 percent for permanent defects including therein not more than 10 per cent which fail to meet the color re quirement, 10 percent which fail to meet the minimum diameter require ment, and 8 percent which fail to meet the requirements of the grade because of other permanent defects; (ii) 6 percent for defects causing seri ous damage, including therein not more than 4 percent for serious damage by permanent defects and not more than 2 percent for decay. (b) U.S. Combination and U.S. No. 2— (1) For defects at shipping point.1 8 per cent for fruit which fails to meet the requirements of the specified grade: Provided, That included in this amount not more than 4 percent shall be al lowed for sunscald, decay or serious damage by insects or heat injury, in cluding in this latter amount not more than one-half of 1 percent for decay. (2) For defects en route or at destina tion. 12 percent for fruit which fails to meet the requirements of the specified grade: Provided, That included in this amount not more than the following percentages shall be allowed for defects listed: (i) 8 percent for permanent defects including therein not more than 4 per cent for sunscald, or serious damage by insects or heat injury; and, (ii) 2 percent for decay. (3) When applying the tolerance for the U.S. Combination grade individual packages may have not more than 10 percent less than the percentage of U.S. No. 1 required: Provided, That the entire lot averages within the required percentage. (See § 51.1526.) APPLICATION OF TOLERANCES § 51.1526 Application of tolerances. The contents of individual packages in the lot, based on sample inspection, are subject to the following limita tions: (a) A package may contain not more than double any specified tolerance ex cept that at least two defective and two off-size specimens may be per mitted in any package: Provided, That the averages for the entire lot are within the tolerances specified for the grade. (b) [Reserved] STANDARD PACK § 51.1527 Standard pack. (a) Packing. (1) All packages shall be tightly packed or well filled, according to the approved and recognized meth ods. (2) The plums or prunes in the top layer of any package shall be reason ably representative in quality and size of those in the remainder of the pack age. (3) ‘‘Well filled’’ means that the plums or prunes packed in loose or vol ume filled containers are packed with in 1 inch of the top of the container. (4) ‘‘Tightly packed’’ means the plums or prunes are the proper size for the mold or cell compartments in which they are packed, and the molds or cells are filled in such a way that movement is not allowed. (b) Marking. (1) The size of plums or prunes shall be marked on each pack age, and shall be indicated in terms of minimum diameter, or number of fruit per package, or in accordance with the arrangement of the top layer of fruit in the package or subcontainer. Size may VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00444 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 435 Agricultural Marketing Service, USDA § 51.1532 also be shown in terms of maximum number of fruit for a specified weight, such as ‘‘8 per pound,’’ ‘‘6.4 per pound’’ or ‘‘72⁄3 per pound’’ or by a count-size designation based on the number of fruits contained in a 10 pound sample with the designation rounded to an ap plicable number which is divisible by 5 (example: 40 size, 45 size, 50 size, 55 size, etc.). (i) California peach boxes, lug boxes and small consumer packages. In layer packed California peach boxes or lug boxes, and in small layer packed con sumer packages, the count of the en tire contents shall be marked on the package. The number of plums or prunes in California peach boxes or lug boxes shall not vary more than 4 from the number indicated on the package. Loose filled consumer packs not in a master container shall have a count size marked on the package or on a tag closure. Master containers of loose filled consumer packages shall have a count-size marked on the package de scribing the size of plums or prunes within the container. (ii) Face and fill packs in cartons and lug boxes. In face and fill packs in car tons and lug boxes the number of rows in the face shall be marked on the packages, as ‘‘6 row,’’ ‘‘8 row,’’ etc. (c) Sizing. (1) Not more than 5 per cent, by count, of the plums or prunes in any package may vary more than one-fourth inch in diameter, except that not more than 5 percent, by count, of the plums or prunes 2–1/4 inches or larger in diameter and packed in loose or volume filled containers may vary more than three-eighths inch in diame ter. (2) When size is indicated in terms of minimum diameter, not more than 5 percent, by count, of the fruit in any package may be smaller than the size marked. (d) Tolerance for standard pack. In order to allow for variations incident to proper sizing and packing, not more than 10 percent, by count, of the pack ages in any lot may fail to meet the re quirements for standard pack. DEFINITIONS § 51.1528 Well formed. ‘‘Well formed’’ means that the fruit has the shape characteristic of the va riety. Doubles shall not be considered well formed. § 51.1529 Clean. ‘‘Clean’’ means that the fruit is prac tically free from dirt and other foreign material. § 51.1530 Mature. ‘‘Mature’’ means that the fruit has reached the stage of maturity which will insure a proper completion of the ripening process. § 51.1531 Sunscald. ‘‘Sunscald’’ means injury caused by the sun in which softening or collapse of the flesh is apparent. § 51.1532 Damage. ‘‘Damage’’ means any specific defect defined in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materi ally detracts from the appearance, or the edible or marketing quality of the fruit. The following specific defects shall be considered as damage: (a) Broken skins which are unhealed except those caused by pulled stems where the skin is torn only slightly within the stem cavity. (Healed skin breaks shall be considered scars); (b) Heat injury, sprayburn or sun burn: (1) When the skin is blistered, cracked or decidedly flattened; (2) When the normal color of the skin or flesh has materially changed; (3) When there is more than one in dentation; or, (4) When an indentation exceeds three-sixteenths inch in diameter; (c) Growth cracks: (1) When not healed; (2) When more than one in number; (3) When more than one-eighth inch in depth; (4) When more than three-eighths inch in length if within the stem cav ity; or, (5) When more than one-fourth inch in length if outside of the stem cavity; VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00445 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 436 7 CFR Ch. I (1–1–17 Edition) § 51.1533 (6) When extending from within to outside the stem cavity, when more than three-eighths inch in length if the major portion of the crack is within the stem cavity or when more than one-fourth inch in length if the major portion of the crack is outside the stem cavity; (d) Split pit when causing any unhealed crack, or when healed and ag gregating more than one-fourth inch in length, or when affecting the shape to the extent that the fruit is not well formed; (e) Scab or bacterial spot when cracked, or when the aggregate area exceeds that of a circle one-fourth inch in diameter on a fruit 2 inches in di ameter or smaller; or when the aggre gate area exceeds that of a circle three eighths inch in diameter on a fruit larger than 2 inches in diameter; (f) Drought spots or external gum spots which have an aggregate area ex ceeding that of a circle one-fourth inch in diameter; (g) Scale or scale marks when the ag gregate area exceeds that of a circle one-fourth inch in diameter; (h) Scars, including those caused by hail, when the surface of the fruit is de pressed more than one-sixteenth inch, or when exceeding any of the following aggregate areas, or a combination of two or more types of scars the serious ness of which exceeds the maximum al lowed for any one type: (1) Dark or rough scars when the area exceeds that of a circle one-fourth inch in diameter on a fruit 2 inches in di ameter or smaller; or when the area ex ceeds that of a circle three-eighths inch in diameter on a fruit larger than 2 inches in diameter. (2) Fairly light colored, fairly smooth scars when, in the case of Italian type prunes, the area exceeds that of a cir cle one-half inch in diameter; or when, in the case of other types of plums, the area exceeds that of a circle one-half inch in diameter on a fruit 2 inches in diameter or smaller; or when the area exceeds that of a circle five-eighths inch in diameter on a fruit larger than 2 inches in diameter; (3) Light colored, smooth scars when, in the case of Italian type prunes, the area exceeds one-twelfth of the fruit surface; or when, in the case of other types of plums, the area exceeds that of a circle three-fourths inch in diameter on a fruit 2 inches in diameter or smaller; or when the area exceeds that of a circle seven-eighths inch in diame ter on a fruit larger than 2 inches in di ameter; (4) Twig or limb scratches which are not well healed or which have an aggre gate length of more than one-half inch; (i) Russeting which exceeds any of the following aggregate areas of any one type of russeting, or a combination of two or more types of russeting the seriousness of which exceeds the max imum allowed for any one type: (1) Rough russeting when the area ex ceeds that of a circle one-fourth inch in diameter on a fruit 2 inches in diame ter or smaller; or when the area ex ceeds that of a circle one-half inch in diameter on a fruit larger than 2 inches in diameter; (2) Slightly rough russeting when, in the case of Italian type prunes, the area exceeds one-twelfth of the fruit surface; or when, in the case of other types of plums, the area exceeds that of a circle five-eighths inch in diameter on a fruit 2 inches in diameter or smaller; or when the area exceeds that of a circle three-fourths inch in diame ter on a fruit larger than 2 inches in di ameter; (3) Fairly smooth or smooth russeting when, in the case of Italian type prunes, the area exceeds one twelfth of the fruit surface; or when, in the case of other types of plums the area exceeds that of a circle three fourths inch in diameter on a fruit 2 inches in diameter or smaller; or when the area exceeds that of a circle 1 inch in diameter on a fruit larger than 2 inches in diameter. (j) Discoloration when definitely con trasting with the normal surface color of the fruit and affects more than 10 percent of the surface. § 51.1533 Well colored. ‘‘Well colored,’’ as applied to Italian type prunes, means that 95 percent of the surface of the prune is purple color. § 51.1534 Fairly well colored. ‘‘Fairly well colored,’’ as applied to Italian type prunes, means that at VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00446 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 437 Agricultural Marketing Service, USDA § 51.1537 least three-fourths of the surface of the prune is purple color. § 51.1535 Badly misshapen. ‘‘Badly misshapen’’ means that the fruit is so malformed or rough that its appearance is seriously affected. Dou bles shall be considered badly mis shapen, except that doubles of Italian type prunes which have approximately equal halves shall not be considered badly misshapen. § 51.1536 Serious damage. ‘‘Serious damage’’ means any specific defect defined in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects which se riously detracts from the appearance, or the edible or marketing quality of the fruit. The following specific defects shall be considered as serious damage: (a) Broken skins which are unhealed when aggregating more than one eighth inch in diameter, length or depth. (Healed skin breaks shall be considered scars); (b) Heat injury, sprayburn or sun burn: (1) When the skin is blistered, cracked or decidedly flattened; (2) When causing any dark discolora tion of the flesh; (3) When there are more than two in dentations; (4) When the aggregate area of inden tations exceeds that of a circle three eighths inch in diameter; or, (5) When causing noticeable brownish or darker discoloration over more than one-fourth of the fruit surface; (c) Growth cracks: (1) When not healed and more than one-eighth inch in length or depth; (2) When healed and more than three sixteenths inch in depth; (3) When healed and aggregating more than five-eighths inch in length if within the stem cavity; or, (4) When healed and aggregating more than one-half inch in length if outside of the stem cavity; (5) When extending from within to outside the stem cavity, when healed and aggregating more than five-eighths inch in length if the major portion of the crack is within the stem cavity or when healed and aggregating more than one-half inch in length if the major portion of the crack is outside the cavity; (d) Split pit when causing any unhealed crack, or when healed and ag gregating more than three-eighths inch in length, or when affecting the shape to the extent that the fruit is badly misshapen; (e) Scab or bacterial spot, when the aggregate area exceeds that of a circle one-half inch in diameter on a fruit 2 inches in diameter or smaller; or when the aggregate area exceeds that of a circle three-fourths inch in diameter on a fruit larger than 2 inches in di ameter; (f) Drought spots or external gum spots which have an aggregate area ex ceeding that of a circle one-half inch in diameter; (g) Scale or scale marks when the ag gregate area exceeds that of a circle three-eighths inch in diameter; (h) Russeting and scars, including those caused by hail, when the surface of the fruit is depressed more than three-sixteenths inch, or when exceed ing any of the following aggregate areas, or a combination of two or more types of russeting or scars the serious ness of which exceeds the maximum al lowed for any one type: (1) Dark or rough scars or rough russeting when the area exceeds that of a circle three-fourths inch in diameter on a fruit 2 inches in diameter or smaller; or when the area exceeds that of a circle one inch in diameter on a fruit larger than 2 inches in diameter; (2) Russeting and scars which are not dark or rough when the area exceeds one-fourth of the fruit surface. (i) Soft or overripe or shriveled plums or prunes; (j) Plums or prunes affected by decay; and (k) Plums or prunes affected by sunscald. (l) Discoloration when definitely con trasting with the normal surface color and affects more than 25 percent of the surface. § 51.1537 Diameter. ‘‘Diameter’’ means the greatest di mension measured at right angles to a line from the stem to blossom end of the fruit. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00447 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 438 7 CFR Ch. I (1–1–17 Edition) § 51.1538 1 Packing of the product in conformity with the requirements of these standards shall not excuse failure to comply with the provisions of the Federal Food and Drug Cos metic Act or with applicable State laws and regulations. 2 Potatoes in containers bearing official State Seed Certification Tags and Seals are not required to be fairly clean but shall be free from damage by dirt. METRIC CONVERSION TABLE § 51.1538 Metric conversion table. Inches Millimeters (mm) 1⁄8 equals ........................................................... 3.2 1⁄4 equals ........................................................... 6.4 3⁄8 equals ........................................................... 9.5 1⁄2 equals ........................................................... 12.7 5⁄8 equals ........................................................... 15.9 3⁄4 equals ........................................................... 19.1 7⁄8 equals ........................................................... 22.2 1 equals ............................................................. 25.4 11⁄4 equals ......................................................... 31.8 11⁄2 equals ......................................................... 38.1 13⁄4 equals ......................................................... 44.5 2 equals ............................................................. 50.8 3 equals ............................................................. 76.2 4 equals ............................................................. 101.6 Subpart—United States Standards for Grades of Potatoes 1 SOURCE: 35 FR 18258, Dec. 1, 1970, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. GRADES § 51.1540 [Reserved] § 51.1541 U.S. No. 1. ‘‘U.S. No. 1’’ consists of potatoes which meet the following require ments: (a) Similar varietal characteristics, except when designated as a mixed or specialty pack; (b) Firm; (c) Fairly clean; 2 (d) Fairly well shaped; (e) Free from: (1) Freezing; (2) Blackheart; (3) Late blight, southern bacterial wilt and ring rot; and, (4) Soft rot and wet breakdown. (f) Free from damage by any other cause. See §§ 51.1564 and 51.1565. (g) Size. Not less than 17⁄8 inches in diameter, unless otherwise specified in connection with the grade. (h) For tolerances see § 51.1546. [35 FR 18258, Dec. 1, 1970, as amended at 76 FR 31789, June 2, 2011] § 51.1542 U.S. Commercial. ‘‘U.S. Commercial’’ consists of pota toes which meet the requirements of U.S. No. 1 grade except for the fol lowing: (a) Free from serious damage caused by: (1) Dirt or other foreign matter; (2) Russet scab; and, (3) Rhizoctonia. (b) Increased tolerances for defects specified in § 51.1546. § 51.1543 U.S. No. 2. ‘‘U.S. No. 2’’ consists of potatoes which meet the following require ments: (a) Similar varietal characteristics, except when designated as a mixed or specialty pack; (b) Not seriously misshapen; (c) Free from: (1) Freezing; (2) Blackheart; (3) Late blight, southern bacterial wilt and ring rot; and, (4) Soft rot and wet breakdown. (d) Free from serious damage by any other cause. See §§ 51.1564 and 51.1565. (e) Size. Not less than 11⁄2 inches in diameter, unless otherwise specified in connection with the grade. (f) For tolerances see § 51.1546. [35 FR 18258, Dec. 1, 1970, as amended at 76 FR 31789, June 2, 2011] UNCLASSIFIED § 51.1544 [Reserved] SIZE § 51.1545 Size. (a) The minimum size, or minimum and maximum sizes may be specified in connection with the grade in terms of diameter or weight of the individual potato, or in accordance with one of the size designations in Table I or Table II: Provided, That sizes so speci fied shall not be in conflict with the basic size requirements for the grade. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00448 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 439 Agricultural Marketing Service, USDA § 51.1546 (b) When size is designated as shown in Table II, the corresponding weight ranges shall apply. These size designa tions may be applied to potatoes packed in any size container: Provided, that the weight ranges are within the limits specified. TABLE 1 Size designation Minimum diameter 1 or weight Maximum diameter 1 or weight Inches Ounces Inches Ounces Creamer .......................................................................................... 3⁄4 (3 ) 15⁄8 (3 ) Chef ................................................................................................. 23⁄4 8 41⁄2 28 Size A2 ............................................................................................ 17⁄8 (3 ) (3 ) (3 ) Size B .............................................................................................. 11⁄2 (3 ) 21⁄4 (3 ) Small ............................................................................................... 13⁄4 (3 ) 21⁄2 6 Medium ............................................................................................ 21⁄4 5 31⁄4 10 Large ............................................................................................... 3 10 41⁄2 28 1 Diameter means the greatest dimension at right angles to the longitudinal axis, without regard to the position of the stem end. 2 In addition to the minimum size specified, a lot of potatoes designated as Size A shall contain at least 40 percent of potatoes which are 21⁄2 inches in diameter or larger or 6 ounces in weight or larger. 3 No requirement. TABLE II [Ounces] Size designation Minimum weight Maximum weight Under 50 ........................................ 15 50 ................................................... 12 19 60 ................................................... 10 16 70 ................................................... 9 15 80 ................................................... 8 13 90 ................................................... 7 12 100 ................................................. 6 10 110 ................................................. 5 9 120 ................................................. 4 8 130 ................................................. 4 8 140 ................................................. 4 8 Over 140 ........................................ 4 8 [35 FR 18258, Dec. 1, 1970, as amended at 37 FR 2745, Feb. 5, 1972. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981; amended at 56 FR 7553, Feb. 25, 1991; 73 FR 15055, Mar. 21, 2008; 73 FR 70585, Nov. 21, 2008] TOLERANCES § 51.1546 Tolerances. To allow for variations incident to proper grading and handling in each of the foregoing grades, the following tol erances by weight or equivalent basis, are provided as specified. (a) For defects—(1) U.S. No. 1. (i) At Shipping Point: A total of 8 percent for potatoes in any lot which fail to meet the requirements for the grade: Pro vided, That included in this tolerance not more than the following percent ages shall be allowed for the defects listed: (A) 5 percent for external defects; (B) 5 percent for internal defects; and (C) Not more than a total of 1 percent for potatoes which are frozen or af fected by soft rot or wet breakdown. See § 51.1547. (ii) En route or at destination: A total of 10 percent for potatoes in any lot which fail to meet the requirements for the grade: Provided, That included in this tolerance not more than a total of 8 percent shall be allowed for perma nent defects: And provided further, the following percentages shall be allowed for the defects listed: (A) 7 percent for external defects, in cluding therein not more than 5 per cent for permanent external defects; (B) 7 percent for internal defects, in cluding therein not more than 5 per cent for permanent internal defects; and (C) Not more than a total of 2 percent for potatoes which are frozen or af fected by soft rot or wet breakdown. See § 51.1547. (2) U.S. Commercial: A total of 20 per cent for potatoes in any lot which fail to meet the requirements for the grade: Provided, That included in this toler ance not more than the following per centages shall be allowed for the de fects listed: (i) 10 percent for potatoes which fail to meet the requirements for U.S. No. 2 grade, including therein not more than: (ii) 6 percent for external defects; (iii) 6 percent for internal defects; and (iv) Not more than a total of 1 per cent for potatoes which are frozen or VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00449 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 440 7 CFR Ch. I (1–1–17 Edition) § 51.1547 affected by soft rot or wet breakdown. See § 51.1547. (3) U.S. No. 2. (i) At Shipping Point: A total of 10 percent for potatoes in any lot which fail to meet the requirements for the grade: Provided, That included in this tolerance not more than the fol lowing percentages shall be allowed for the defects listed: (A) 6 percent for external defects; (B) 6 percent for internal defects; and (C) Not more than a total of 1 percent for potatoes which are frozen or af fected by soft rot or wet breakdown. See § 51.1547. (ii) En route or at destination: A total of 12 percent for potatoes in any lot which fail to meet the requirements for the grade: Provided, That included in this tolerance not more than a total of 10 percent shall be allowed for perma nent defects: And provided further, the following percentages shall be allowed for the defects listed: (A) 8 percent for external defects, in cluding therein not more than 6 per cent for permanent external defects; (B) 8 percent for internal defects, in cluding therein not more than 6 per cent for permanent internal defects; and (C) Not more than a total of 2 percent for potatoes which are frozen or af fected by soft rot or wet breakdown. See § 51.1547. (b) For off-size. (1) Not more than 3 percent of the potatoes in any lot may be smaller than the required or speci fied minimum size except that a toler ance of 5 percent shall be allowed for potatoes packed to meet a minimum size of 21⁄4 inches or larger in diameter or 5 ounces or more in weight. In addi tion, not more than 10 percent may be larger than any required or specified maximum size. See § 51.1547. (2) When a percentage of the potatoes is specified to be of a certain size and larger, individual samples shall have not less than one-half of the percentage specified: Provided, That the average for the entire lot is not less than the percentage specified. [35 FR 18258, Dec. 1, 1970. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981; amended at 56 FR 7553, Feb. 25, 1991; 73 FR 15055, Mar. 21, 2008; 73 FR 70585, Nov. 21, 2008; 76 FR 31789, June 2, 2011] APPLICATION OF TOLERANCES § 51.1547 Application of tolerances. Individual samples shall have not more than double the tolerances speci fied, except that at least one defective and one off-size potato may be per mitted in any sample: Provided, That en route or at destination one-tenth of the samples may contain three times the tolerance permitted for potatoes which are frozen or affected by soft rot or wet breakdown: And provided further, That the averages for the entire lot are within the tolerances specified for the grade. SAMPLES FOR GRADE AND SIZE DETERMINATION § 51.1548 Samples for grade and size determination. Individual samples shall consist of at least 20 pounds. When individual pack ages contain at least 20 pounds, each individual sample is drawn from one package; when packages contain less than 20 pounds, a sufficient number of adjoining packages are opened to pro vide at least a 20-pound sample. The number of such individual samples drawn for grade and size determination will vary with the size of the lot. SKINNING § 51.1549 Skinning. (a) The following definitions provide a basis for describing lots of potatoes as to the degree of skinning whenever description may be appropriate: (1) ‘‘Practically no skinning’’ means that not more than 5 percent of the po tatoes in the lot have more than one tenth of the skin missing or ‘‘feath ered’’; (2) ‘‘Slightly skinned’’ means that not more than 10 percent of the pota toes in the lot have more than one fourth of the skin missing or ‘‘feath ered’’; (3) ‘‘Moderately skinned’’ means that not more than 10 percent of the pota toes in the lot have more than one-half of the skin missing or ‘‘feathered’’; and (4) ‘‘Badly skinned’’ means that more than 10 percent of the potatoes in the lot have more than one-half of the skin missing or ‘‘feathered’’. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00450 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 441 Agricultural Marketing Service, USDA § 51.1564 DEFINITIONS § 51.1550 Similar varietal characteris tics. Similar varietal characteristics means that the potatoes in any lot have the same general shape, color and char acter of skin, and color of flesh. § 51.1551 Firm. Firm means that the potato is not shriveled or flabby. § 51.1552 Clean. Clean means that at least 90 percent of the potatoes in any lot are prac tically free from dirt or staining and practically no loose dirt or other for eign matter is present in the container. § 51.1553 Fairly clean. Fairly clean means that at least 90 percent of the potatoes in any lot are reasonably free from dirt or staining and not more than a slight amount of loose dirt or foreign matter is present in the container. § 51.1554 Mature. Mature means that the skins of the potatoes are generally firmly set and not more than 5 percent of the potatoes in the lot have more than one-tenth of the skin missing or ‘‘feathered.’’ § 51.1555 Fairly well matured. Fairly well matured means that the skins of the potatoes are generally fair ly firmly set and not more than 10 per cent of the potatoes in the lot have more than one-fourth of the skin miss ing or ‘‘feathered.’’ § 51.1556 Well shaped. Well shaped means that the potato has the normal shape for the variety. § 51.1557 Fairly well shaped. Fairly well shaped means that the po tato is not materially pointed, dumb bell-shaped or otherwise materially de formed. § 51.1558 Seriously misshapen. Seriously misshapen means that the potato is seriously pointed, dumbell shaped or otherwise badly deformed. § 51.1559 [Reserved] § 51.1560 Damage. ‘‘Damage’’ means any defect, or any combination of defects, which materi ally detracts from the edible or mar keting quality, or the internal or ex ternal appearance of the potato, or any external defect which cannot be re moved without a loss of more than 5 percent of the total weight of the po tato. See Tables III, IV, V and VI in § 51.1564 and Table VII in § 51.1565. [76 FR 31789, June 2, 2011] § 51.1561 Serious damage. ‘‘Serious damage’’ means any defect, or any combination of defects, which seriously detracts from the edible or marketing quality, or the internal or external appearance of the potato, or any external defect which cannot be re moved without a loss of more than 10 percent of the total weight of the po tato. See Tables III, IV, V and VI in § 51.1564 and Table VII in 5§ 1.1565. [76 FR 31789, June 2, 2011] § 51.1562 Freezing. Freezing means that the potato is fro zen or shows evidence of having been frozen. § 51.1563 Soft rot or wet breakdown. Soft rot or wet breakdown means any soft, mushy, or leaky condition of the tissue such as slimy soft rot, leak, or wet breakdown following freezing in jury. § 51.1564 External defects. External defects are defects which can be detected externally. However, cutting may be required to determine the extent of the injury. Some external defects are listed in Tables III, IV, V and VI. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00451 Fmt 8010 Sfmt 8016 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 442 7 CFR Ch. I (1–1–17 Edition) § 51.1564 TABLE III—EXTERNAL DEFECTS Defects Damage Serious damage1 Air Cracks ........................ When removal causes a loss of more than 5 per cent of the total weight of the potato or when the air crack(s) affects more than 1⁄3 the length or diameter of the potato (whichever is great er) in the aggregate. When removal causes a loss of more than 10 percent of the total weight of the potato or when the air crack(s) affects more than 3⁄4 the length or diameter of the potato (whichever is greater) in the aggregate. Artificial Coloring ............. When unsightly or when concealing any defect causing damage or when penetrating the flesh and removal causes loss of more than 5 per cent of total weight of potato. When concealing a serious defect or when pene trating into the flesh and removal causes loss of more than 10 percent of total weight of po tato. Bruises (Not including pressure bruise and sunken discolored areas). When removal causes a loss of more than 5 per cent of the total weight of the potato or when the area affected is more than 5 percent of the surface in the aggregate (i.e., 3⁄4 inch on a 21⁄2 inch or 6 oz. potato). Correspondingly lesser or greater areas in smaller or larger potatoes. When removal causes a loss of more than 10 percent of the total weight of the potato or when the area affected is more than 10 per cent of the surface in the aggregate (i.e., 11⁄4 inches on a 21⁄2 inch or 6 oz. potato). Cor respondingly lesser or greater areas in smaller or larger potatoes. Cuts ................................. When one smooth cut affects more than 5 per cent of the surface area. Cut(s) that affect more than 10 percent of the surface area in the aggregate or when a single side cut extends beyond 1⁄2 the length of the potato. Dirt ................................... When materially detracting from the appearance of the potato. When seriously detracting from the appearance of the potato. Elephant Hide .................. When affecting over 10 percent of the surface area of the potato. When affecting over 25 percent of the surface area. Enlarged Lenticels ........... When materially detracting from the appearance of the potato. When seriously detracting from the appearance of the potato. External Discoloration (Areas that are light tan or lighter in color and blends should be ig nored). When more than 30 percent of the surface is af fected by light tan or light brown colors which do not blend or when more than 15 percent of the surface is affected by colors darker than light tan or light brown. When more than 60 percent of the surface is af fected by light tan or light brown colors which do not blend or when more than 30 percent of the surface is affected by colors darker than light tan or light brown. Flattened or Depressed Areas/Pressure Bruises. When removal of underlying discolored flesh causes a loss of more than 5 percent of the total weight of the potato or when the flattened or depressed area(s) covers more surface area than allowed in Table IV. (See Table IV.). When removal of underlying discolored flesh the causes a loss of more than 10 percent of the weight of the potato or when the flattened de pressed area(s) covers more surface area than allowed in the Table IV. (See Table IV.) Flea Beetle Injury ............ When materially detracting from the appearance or when removal causes a loss of more than 5 percent of the total weight of the potato or when the area affected is more than 5 percent of the surface in the aggregate. When seriously detracting from the appearance of the potato or when removal causes a loss of more than 10 percent of the weight of the potato or when the area affected is more than 10 percent of the surface in the aggregate. Greening .......................... When removal causes a loss of more than 5 per cent of the total weight of the potato or when green color affects more than 25 percent of the surface in the aggregate. When removal causes a loss of more than 10 percent of the weight of the potato or when green color affects more than 50 percent of the surface in the aggregate. Growth Cracks ................ When the growth crack(s) affects more than 1⁄2 the length of the potato in the aggregate on round varieties or more than 1⁄3 the length in the aggregate on long varieties; or, when the depth is greater than that as outlined in Table V. (See Table V.). When the growth crack(s) affects more than 3⁄4 the length of the potato in the aggregate or when the depth is greater than that as outlined in Table V. (See Table V.). Grub Damage .................. When removal causes a loss of more than 5 per cent of the total weight of the potato or when affecting more than 5 percent of the surface area (i.e. more than 3⁄4 inch on a 21⁄2 inch or 6 ounce potato). Correspondingly lesser or greater areas in smaller or larger potatoes. When removal causes a loss of more than 10 percent of the total weight of the potato or when affecting more than 10 percent of the surface area (i.e. more than 11⁄4 inch on a 21⁄2 inch or 6 ounce potato). Correspondingly less er or greater areas in smaller or larger pota toes. Insects or Worms ............ (See Serious Damage.) ........................................ When present inside the potato. Nematode (Root Knot) .... When removal causes loss of more than 5 per cent of total weight of potato. When removal causes loss of more than 10 per cent of total weight of potato. Rhizoctonia ...................... When affecting more than 15 percent of the sur face in the aggregate. When affecting more than 50 percent of the sur face in the aggregate. Russeting (On Non Rus set Type). When more than 50 percent of the surface is af fected in the aggregate. N/A. Rodent or Bird Damage .. When removal causes a loss of more than 5 per cent of the total weight of the potato or when affecting more than 5 percent of the surface area (i.e. more than 3⁄4 inch on a 21⁄2 inch or 6 ounce potato). Correspondingly lesser or greater areas in smaller or larger potatoes. When removal causes a loss of more than 10 percent of the total weight of the potato or when affecting more than 10 percent of the surface area (i.e. more than 11⁄4 inch on a 21⁄2 inch or 6 ounce potato). Correspondingly less er or greater areas in smaller or larger pota toes. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00452 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 443 Agricultural Marketing Service, USDA § 51.1564 TABLE III—EXTERNAL DEFECTS—Continued Defects Damage Serious damage1 Scab, Pitted ..................... When removal causes a loss of more than 5 per cent of the total weight of the potato or when scab affects an aggregate area of more than 1⁄2 inch. (Based on a potato 21⁄2 inches in di ameter or 6 oz. in weight.) Correspondingly lesser or greater areas in smaller or larger po tatoes. When the removal causes a loss of more than 10 percent of the total weight of the potato or when scab affects an aggregate area of more than 1 inch. (Based on a potato 21⁄2 inches in diameter or 6 oz. in weight.) Correspondingly lesser or greater areas in smaller or larger po tatoes. Scab, Russet ................... Smooth and affecting more than 1⁄3 of the sur face or rough russet scab which affects more than 10 percent of the surface in the aggre gate. Rough and affecting more than 25 percent of the surface in the aggregate. Scab, Surface .................. When more than 5 percent of the surface in the aggregate is affected. When more than 25 percent of the surface in the aggregate is affected. Second Growth ............... When materially detracting from the appearance of the potato. When seriously detracting from the appearance of the potato. Silver Scurf ...................... When affecting more than 50 percent of the sur face area of the potato. When its severity causes a wrinkling of the skin over more than 50 percent of the surface. Sprouts ............................ When more than 5 percent of the potatoes in any lot have any sprout more than 1⁄4 inch in length at shipping point; more than 1⁄2 inch in length at destination; or have numerous indi vidual and/or clusters of sprouts which materi ally detract from the appearance of the potato. When more than 10 percent of the potatoes in any lot have any sprout more than 1⁄2 inch in length at shipping point; more than 1 inch in length at destination; or have numerous indi vidual and/or clusters of sprouts which seri ously detract from the appearance of the po tato. Serious damage by sprouts shall only be scored against the U.S. Commercial and U.S. No. 2 grades. Sunburn ........................... When removal causes loss of more than 5 per cent of total weight of potato. When removal causes loss more than 10 per cent of total weight of potato. Sunken Discolored Areas SEE TABLE VI ..................................................... SEE TABLE VI. Surface Cracks (Areas af fected by fine net-like cracking should be ig nored.). When smooth shallow cracking affects more than 1⁄3 of the surface or when rough deep cracking affects more than 5 percent of the surface. When rough deep cracking affects more than 10 percent of the surface. Wireworm or Grass Dam age. When affecting the flesh of the potato and re moval causes loss of more than 5 percent of total weight of potato.. When affecting the flesh of the potato and re moval causes loss of more than 10 percent of total weight of potato. The following defects are considered serious damage when present in any degree: 1. Freezing. 2. Late blight. 3. Ring rot. 4. Southern bacterial wilt. 5. Soft rot. 6. Wet breakdown. TABLE IV—FLATTENED OR DEPRESSED AREAS—PRESSURE BRUISES MAXIMUM AREA ALLOWED Diameter Weight No. 1 (aggregate area) No. 2 (aggregate area) Potato is: Potato is: Not more than: Not more than: Less than 2 in ............................. Less than 4 oz ................................... 1⁄2 in .............. 1 in 2 to 21⁄2 in ................................... 4 to 6 oz ............................................. 1 in ............... 11⁄2 in More than 21⁄2 to 3 in ................. More than 6 to 8 oz ........................... 11⁄4 in ............ 13⁄4 in More than 3 to 31⁄2 in ................. More than 8 to 14 oz ......................... 11⁄2 in ............ 17⁄8 in More than 31⁄2 to 4 in ................. More than 14 to 20 oz ....................... 13⁄4 in ............ 2 in More than 4 to 41⁄2 in ................. More than 20 to 28 oz ....................... 2 in ............... 21⁄4 in More than 41⁄2 to 5 in ................. More than 28 to 36 oz ....................... 21⁄4 in ............ 23⁄4 in More than 5 in ............................. More than 36 oz ................................. 21⁄2 in ............ 31⁄4 in TABLE V—DEPTH ALLOWED FOR GROWTH CRACKS Diameter Weight No. 1 (depth) No. 2 (depth) Potato is: Potato is: Not more than: Not more than: Less than 2 in ............................. Less than 4 oz ................................... 1⁄8 in .............. 1⁄4 in 2 to 21⁄2 in ................................... 4 oz to 6 oz ........................................ 1⁄4 in .............. 3⁄8 in More than 21⁄2 to 3 in ................. More than 6 oz to 8 oz ...................... 3⁄8 in .............. 1⁄2 in More than 3 in ............................. More than 8 oz ................................... 1⁄2 in .............. 5⁄8 in VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00453 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 444 7 CFR Ch. I (1–1–17 Edition) § 51.1565 TABLE VI—SUNKEN DISCOLORED AREAS MAXIMUM AREA ALLOWED Diameter Weight No. 1 (aggregate area) No. 2 (aggregate area) Potato is: Potato is: Not more than: Not more than: Less than 2 in ............................. Less than 4 oz ................................... 3⁄8 in .............. 3⁄4 in 2 to 21⁄2 in ................................... 4 to 6 oz ............................................. 3⁄4 in .............. 1 in More than 21⁄2 to 3 in ................. More than 6 to 8 oz ........................... 1 in ............... 11⁄4 in More than 3 to 31⁄2 in ................. More than 8 to 14 oz ......................... 11⁄4 in ............ 11⁄2 in More than 31⁄2 to 4 in ................. More than 14 to 20 oz ....................... 11⁄2 in ............ 13⁄4 in More than 4 to 41⁄2 in ................. More than 20 to 28 oz ....................... 13⁄4 in ............ 2 in More than 41⁄2 to 5 in ................. More than 28 to 36 oz ....................... 2 in ............... 21⁄4 in More than 5 in ............................. More than 36 oz ................................. 21⁄4 in ............ 21⁄2 in [35 FR 18258, Dec. 1, 1970, as amended at 73 FR 15055, Mar. 21, 2008; 73 FR 70586, Nov. 21, 2008; 76 FR 31789, June 2, 2011] § 51.1565 Internal defects. Internal defects are defects which cannot be detected without cutting the potato. Some internal defects are listed in Table VII. TABLE VII—INTERNAL DEFECTS Defects Damage Maximum Allowed Serious Damage Maximum Allowed Occurring outside of or not entirely confined to the vascular ring Ingrown Sprouts, Internal Discoloration, Vascular Browning, Fusarium Wilt, Net Necrosis, Other Necrosis, Stem End Browning. 5 percent waste .................................................... 10 percent waste. Internal Black Spot .......... When the spot(s) are darker than the official color chip (POT–CC–2) after removing 5 per cent of the total weight of the potato. When the spot(s) are darker than the official color chip (POT–CC–2) after removing 10 per cent of the total weight of the potato. Occurring entirely within the vascular ring Hollow Heart or Hollow Heart with Discoloration. Area affected not to exceed that of a circle 1⁄2 inch in diameter in a potato 21⁄2–inches in di ameter or 6 ounces in weight. 1 Area affected not to exceed that of a circle 3⁄4 inch in diameter in a potato 21⁄2–inches in di ameter or 6 ounces in weight.1 Light Brown Discoloration (Brown Center). Area affected not to exceed that of a circle 1⁄2 inch in diameter in a potato 21⁄2 inches in di ameter or 6 ounces in weight.1 Area affected not to exceed that of a circle 3⁄4 inch in diameter in a potato 21⁄2 inches in di ameter or 6 ounces in weight.1 Occurring entirely within the vascular ring Internal Brown Spot and Similar Discoloration (Heat Necrosis). Not more than the equivalent of 3 scattered spots 1⁄8 inch in diameter in a potato 21⁄2– inches in diameter or 6 ounces in weight.1 Not more than the equivalent of 6 scattered spots 1⁄8 inch in diameter in a potato 21⁄2– inches in diameter or 6 ounces in weight.1 1Note: Correspondingly lesser or greater areas in smaller or larger potatoes. [35 FR 18258, Dec. 1, 1970. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981; amended at 56 FR 7553, Feb. 25, 1991; 56 FR 10302, Mar. 11, 1991; 73 FR 15058, Mar. 21, 2008 ; 73 FR 70586, Nov. 21, 2008; 76 FR 31789, June 2, 2011] METRIC CONVERSION TABLE § 51.1566 Metric conversion table. Inches Millimeters (mm) 1⁄8 equals ........................................................... 3.2 1⁄4 equals ........................................................... 6.4 1⁄2 equals ........................................................... 12.7 Inches Millimeters (mm) 3⁄4 equals ........................................................... 19.1 1 equals ............................................................. 25.4 11⁄2 equals ......................................................... 38.1 2 equals ............................................................. 50.8 21⁄2 equals ......................................................... 63.5 3 equals ............................................................. 76.2 31⁄2 equals ......................................................... 88.9 4 equals ............................................................. 101.6 VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00454 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 445 Agricultural Marketing Service, USDA § 51.1577 Inches Millimeters (mm) 41⁄2 equals ......................................................... 114.3 Ounces Grams 1 equals ............................................................. 28.35 4 equals ............................................................. 113.40 5 equals ............................................................. 141.75 6 equals ............................................................. 170.10 7 equals ............................................................. 198.45 8 equals ............................................................. 226.80 9 equals ............................................................. 255.15 10 equals ........................................................... 283.50 12 equals ........................................................... 340.20 14 equals ........................................................... 396.90 16 equals ........................................................... 453.60 18 equals ........................................................... 510.30 19 equals ........................................................... 538.60 20 equals ........................................................... 567.00 Subpart—United States Consumer Standards for Potatoes SOURCE: 18 FR 7132, Nov. 11, 1953, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. GRADES § 51.1575 U.S. Grade A Small; U.S. Grade A Medium; U.S. Grade A Me dium to Large; U.S. Grade A Large. Potatoes of each of these grades shall be of one variety or similar varietal characteristics which are fairly well shaped, fairly clean, free from freezing injury, blackheart, late blight, and soft rot or wet breakdown, and from dam age caused by sunburn, second growth, growth cracks, air cracks, hollowheart, internal discoloration, cuts, shriveling, sprouting, scab, dry rot, rhizoctonia, other diseases, wireworm, other in sects, or mechanical or other means. Potatoes of these grades shall also be mature: Provided, That potatoes which are not mature and the outer skin loos ens or ‘‘feathers’’ readily under the usual handling practices need not meet this requirement if they are firm and are further designated as ‘‘Early’’ in connection with the grade, as for exam ple ‘‘U.S. Grade A Medium-Early.’’ Po tatoes on the shown face shall be rea sonably representative in size and qual ity of the contents of the containers. (See § 51.5177.) (a) Tolerances. Incident to proper grading and handling, except for the tolerances for size, not more than a total of 5 percent, by weight, of the po tatoes in any lot may fail to meet the requirements of the grade, including not more than 1 percent for potatoes affected by soft rot or wet breakdown. (See § 51.1579.) § 51.1576 U.S. Grade B Small; U.S. Grade B Medium; U.S. Grade B Me dium to Large; U.S. Grade B Large. Potatoes of each of these grades shall meet the requirements for U.S. Grade A Small; U.S. Grade A Medium; U.S. Grade A Medium to Large; and U.S. Grade A Large, except for the increased tolerance for defects specified below. (See § 51.1577.) (a) Tolerances. Incident to proper grading and handling, except for the tolerance for size, not more than a total of 20 percent, by weight, of the potaotes in any lot may fail to meet the requirements of the grade, but not more than 5 percent shall be allowed for potatoes which are seriously dam aged by any cause, including not more than 1 percent for potatoes affected by soft rot or wet breakdown. (See § 51.1579.) SIZE § 51.1577 Size range requirements. In addition to the quality require ments specified for the above grades, potatoes shall also meet the require ments for minimum and maximum di ameter or weight, and the tolerances as specified for the various grades in the table appearing in this section. Pota toes specified as meeting one of the grades may be of any size within its size range requirements, except that it is not permissible to specify a lot as ‘‘U.S. Grade A Medium to Large,’’ or ‘‘U.S. Grade B Medium to Large,’’ un less more than 15 percent, by weight, of the potatoes are larger than the maxiumum size required for U.S. Grade A Medium, or U.S. Grade B Medium, respectively. For example, a lot of round or intermediate-shaped potatoes to be specified as ‘‘U.S. Grade A Me dium to Large’’ must have more than 15 percent, by weight, of potatoes from 3 to 4 inches in diameter. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00455 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 446 7 CFR Ch. I (1–1–17 Edition) § 51.1578 Grades Size range require ments, round or in termediate shaped varieties Size range require ments, long varieties Tolerance for size Min imum di ameter (Inches) Max imum di ameter (Inches) Minimum diam. or wt. Max imum weight (Ounces) Under size (Per cent) Over size (Per cent) U.S. Grades A & B small ....................................................... 11⁄2 21⁄4 11⁄2 inches 4 3 15 U.S. Grades A & B medium ................................................... 21⁄4 3 4 ounces 10 5 15 U.S. Grades A & B medium to large ..................................... 21⁄4 4 4 ounces 16 5 15 U.S. Grades A & B large ........................................................ 3 4 10 ounces 16 5 15 OFF-GRADE § 51.1578 Off-Grade potatoes. Potatoes which fail to meet the re quirements of any of the foregoing grades shall be Off-Grade potatoes. APPLICATION OF TOLERANCES § 51.1579 Application of tolerances to individual containers. (a) Based on sample inspection, the contents of individual containers in the lot are subject to the following limita tions: Provided, That the averages for the entire lot are within the tolerances specified for the grade: (1) When a tolerance is 10 percent or more, not more than one-tenth of the individual containers in any lot may contain more than one and one-half times the tolerance specified, except that at least one defective and one off sized specimen may be permitted in a container. (2) When a tolerance is less than 10 percent, not more than one-tenth of the individual containers in any lot may contain more than double the tol erance specified, but no package may contain more than four times the toler ance for soft rot or wet breakdown, ex cept that at least one defective and one off-sized specimen may be permitted in a container. DEFINITIONS § 51.1580 Fairly well shaped. Fairly well shaped means that the ap pearance of the individual potato or the general appearance of the potatoes in the container is not materially in jured by pointed, dumbbell-shaped or otherwise ill-formed potatoes. § 51.1581 Fairly clean. Fairly clean means that from the viewpoint of general appearance, the potatoes in the container are reason ably free from dirt or other foreign matter, and that individual potatoes are not materially caked with dirt or materially stained. § 51.1582 Soft rot or wet breakdown. Soft rot or wet breakdown means any soft, mushy, or leaky condition of the tissue such as slimy soft rot, leak, or wet breakdown following freezing in jury, scald, or other injury. § 51.1583 Damage. Damage means any injury or defect which materially injures the edible or shipping quality, or the appearance of the individual potato or the general ap pearance of the potatoes in the con tainer, or which cannot be removed without a loss of more than 5 percent of the total weight of the potato in cluding peel covering defective area. Loss of outer skin (epidermis) shall not be considered as damage when the po tatoes are designated as ‘‘Early’’ unless the skinned surface is materially af fected by dark discoloration. Any one of the following defects, or any com bination of defects, the seriousness of which exceeds the maximum allowed for any one defect, shall be considered as damage: (a) Second growth or growth cracks which have developed to such an extent as to materially injure the appearance of the individual potato or the general appearance of the potatoes in the con tainer. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00456 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 447 Agricultural Marketing Service, USDA § 51.1587 (b) Air cracks which are deep, or shallow air cracks which materially in jure the appearance of the individual potato or the general appearance of the potatoes in the container. (c) Shriveling, when the potato is more than moderately shriveled, spongy, or flabby. (d) Sprouting, when the sprouts are not dried and are more than one-half inch long. (e) Surface scab which covers an area of more than 5 percent of the surface of the potato in the aggregate. (f) Pitted scab which affects the ap pearance of the potato to a greater ex tent than the amount of surface scab permitted or causes a loss of more than 5 percent of the total weight of the po tato including peel covering defective area. (g) Rhizoctonia, when the general ap pearance of the potatoes in the con tainer is materially injured or when in dividual potatoes are badly infected. (h) Wireworm, grass root or similar injury, when any hole on potatoes ranging in size from 6 to 8 ounces is longer than three-fourths inch, or when the aggregate length of all holes is more than one and one-fourth inches; smaller potatoes shall have lesser amounts and larger potatoes may have greater amounts, provided, that the re moval of the injury by proper trim ming does not cause the appearance of such potatoes to be injured to a greater extent than that caused by the proper trimming of such injury permitted on a 6 to 8 ounce potato. § 51.1584 Internal discoloration. Internal discoloration means discol oration such as is caused by net necro sis or any other type of necrosis, stem end browning, internal brown spot, or other similar types of discoloration not visible externally. § 51.1585 Mature. Mature means that the outer skin (epidermis) does not loosen or ‘‘feath er’’ readily during the ordinary meth ods of handling. § 51.1586 Serious damage. Serious damage means any injury or defect which seriously injures the edi ble or shipping quality, or the appear ance of the individual potato or the general appearance of the potatoes in the container, or which cannot be re moved without a loss of more than 10 percent of the total weight of the po tato including peel covering defective area. Any one of the following defects or any combination of defects the seri ousness of which exceeds the maximum allowed for any one defect shall be con sidered as serious damage: (a) Fairly smooth cuts such as are made by the digger, or by a knife to re move injury when both ends are clipped, or when more than an esti mated one-fourth of the potato is cut away, or, in the case of long varieties, when the remaining portion of the clipped potato weighs less than 6 ounces; irregular types of cuts which seriously affect the appearance of the individual potato, or which cannot be removed without a loss of more than 10 percent of the total weight of the po tato including peel covering defective area. (b) Shriveling, when the potato is ex cessively shriveled, spongy, or flabby. (c) Surface scab which covers an area of more than 50 percent of the surface of the potato in the aggregate. (d) Pitted scab which affects the ap pearance of the potato to a greater ex tent than the amount of surface scab permitted or causes a loss of more than 10 percent of the total weight of the po tato including peel covering defective area. (e) Wireworm, grass root or similar injury, when any hole on potatoes ranging in size from 6 to 8 ounces is longer than one and one-fourth inches, or when the aggregate length of all holes is more than two inches; smaller potatoes shall have lesser amounts and larger potatoes may have greater amounts: Provided, That the removal of the injury by proper trimming, does not cause the appearance of such pota toes to be injured to a greater extent than that caused by the proper trim ming of such injury permitted on a 6 to 8 ounce potato. § 51.1587 Diameter. Diameter means the greatest dimen sion at right angles to the longitudinal VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00457 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 448 7 CFR Ch. I (1–1–17 Edition) § 51.1810 axis. The long axis shall be used with out regard to the position of the stem (rhizome). Subpart—United States Standards for Grades of Florida Tangerines SOURCE: 61 FR 20713, May 8, 1996, unless otherwise noted. GRADES § 51.1810 U.S. Fancy. ‘‘U.S. Fancy’’ consists of tangerines which meet the following require ments: (a) Basic requirements: (1) Discoloration: Not more than one tenth of the surface, in the aggregate, may be affected by discoloration. (See § 51.1828.); (2) Firm; (3) Highly colored; (4) Mature; and, (5) Well formed. (b) Free from: (1) Caked melanose; (2) Decay; (3) Unhealed skin breaks; and, (4) Wormy fruit. (c) Free from damage caused by: (1) Ammoniation; (2) Bruises; (3) Buckskin; (4) Creasing; (5) Dirt or other foreign material; (6) Dryness or mushy condition; (7) Disease; (8) Green spots; (9) Hail; (10) Insects; (11) Oil spots; (12) Scab; (13) Scale; (14) Scars; (15) Skin breakdown; (16) Sprayburn; (17) Sunburn; and, (18) Other means. (d) For tolerances see § 51.1820. § 51.1811 U.S. No. 1 Bright. The requirements for this grade are the same as for U.S. No. 1 except that fruit shall have not more than one-fifth of its surface, in the aggregate, af fected by discoloration. For tolerances see § 51.1820. § 51.1812 U.S. No. 1. ‘‘U.S. No. 1’’ consists of tangerines which meet the following require ments: (a) Basic requirements: (1) Discoloration: Not more than one third of the surface, in the aggregate, may be affected by discoloration. (See § 51.1828.); (2) Fairly well colored; (3) Firm; (4) Mature; and, (5) Well formed. (b) Free from: (1) Decay; (2) Unhealed skin breaks; and, (3) Wormy fruit. (c) Free from damage caused by: (1) Ammoniation; (2) Bruises; (3) Buckskin; (4) Caked melanose; (5) Creasing; (6) Dirt or other foreign material; (7) Disease; (8) Dryness or mushy condition; (9) Green spots; (10) Hail; (11) Insects; (12) Oil spots; (13) Scab; (14) Scale; (15) Scars; (16) Skin breakdown; (17) Sprayburn; (18) Sunburn; and (19) Other means. (d) For tolerances see § 51.1820. § 51.1813 U.S. No. 1 Golden. The requirements for this grade are the same as for U.S. No. 1 except that not more than 30 percent, by count, of the fruit shall have than more one third of their surface, in the aggregate, affected by discoloration. For toler ances see § 51.1820. § 51.1814 U.S. No. 1 Bronze. The requirements for this grade are the same as for U.S. No. 1 except that at least 30 percent, by count, of the fruit shall have more than one-third of their surface, in the aggregate, affected by discoloration. The predominating discoloration on each fruit shall be of rust mite type. For tolerances see § 51.1820. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00458 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 449 Agricultural Marketing Service, USDA § 51.1820 § 51.1815 U.S. No. 1 Russet. The requirements for this grade are the same as for U.S. No. 1 except that at least 30 percent, by count, of the fruit shall have more than one-third of their surface, in the aggregate, affected by any type of discoloration. For toler ances see § 51.1820. § 51.1816 U.S. No. 2 Bright. The requirements for this grade are the same as for U.S. No. 2 except that fruit shall have not more than one-fifth of its surface, in the aggregate, af fected by discoloration. For tolerances see § 51.1820. § 51.1817 U.S. No. 2. ‘‘U.S. No. 2’’ consists of tangerines which meet the following require ments: (a) Basic requirements: (1) Discoloration: Not more than one half of the surface, in the aggregate, may be affected by discoloration. (See § 51.1828.); (2) Fairly firm; (3) Fairly well formed; (4) Mature; and (5) Reasonably well colored. (b) Free from: (1) Decay; (2) Unhealed skin breaks; and, (3) Wormy fruit. (c) Free from serious damage caused by: (1) Ammoniation; (2) Bruises; (3) Buckskin; (4) Caked melanose; (5) Creasing; (6) Dirt or other foreign material; (7) Disease; (8) Dryness or mushy condition; (9) Green spots; (10) Hail; (11) Insects; (12) Oil spots; (13) Scab; (14) Scale; (15) Scars; (16) Skin breakdown; (17) Sprayburn; (18) Sunburn; and (19) Other means. (d) For tolerances see § 51.1820. § 51.1818 U.S. No. 2 Russet. The requirements for this grade are the same as for U.S. No. 2 except that at least 10 percent of the fruit shall have more than one-half of their sur face, in the aggregate, affected by any type of discoloration. For tolerances see § 51.1820. § 51.1819 U.S. No. 3. ‘‘U.S. No. 3’’ consists of tangerines which meet the following require ments: (a) Basic requirements: (1) Mature; (2) Not flabby; and (3) Not seriously lumpy. (b) Free from: (1) Decay; (2) Unhealed skin breaks; and (3) Wormy fruit. (c) Free from very serious damage caused by: (1) Ammoniation; (2) Bruises; (3) Caked melanose; (4) Creasing; (5) Dirt or other foreign material; (6) Disease; (7) Dryness or mushy condition; (8) Hail; (9) Insects; (10) Scab; (11) Scale; (12) Scars; (13) Skin breakdown; (14) Sprayburn; (15) Sunburn; and, (16) Other means. (d) For tolerances see § 51.1820. TOLERANCES § 51.1820 Tolerances. In order to allow for variations inci dent to proper grading and handling in each of the foregoing grades, the fol lowing tolerances, by count, based on a minimum 25 count sample, are pro vided as specified: (a) Defects. (1) U.S. Fancy, U.S. No. 1 Bright, U.S. No. 1, U.S. No. 1 Golden, U.S. No. 1 Bronze, U.S. No. 1 Russet, U.S. No. 2 Bright, U.S. No. 2, and U.S. No. 2 Russet grades. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00459 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 450 7 CFR Ch. I (1–1–17 Edition) § 51.1821 1 Shipping point, as used in these stand ards, means the point of origin of the ship ment in the producing area or at port of loading for ship stores or overseas shipment, or, in the case of shipments from outside the continental United States, the port of entry into the United States. (i) For defects at shipping point. 1 Not more than 10 percent of the fruit in any lot may fail to meet the requirements of the specified grade: Provided, that in cluded in this amount not more than 5 percent shall be allowed for defects causing very serious damage, including in this latter amount not more than 1 percent for decay or wormy fruit. (ii) For defects en route or at destina tion. Not more than 12 percent of the fruit which fail to meet the require ments of the specified grade: Provided, that included in this amount not more than the following percentages shall be allowed for defects listed: (A) 10 percent for fruit having perma nent defects; or, (B) 7 percent for defects causing very serious damage, including therein not more than 5 percent for very serious damage by permanent defects and not more than 3 percent for decay or wormy fruit. (2) U.S. No. 3. (i) For defects at shipping point. 1 Not more than 10 percent of the fruit in any lot may fail to meet the requirements of the grade: Provided, that included in this amount not more than 1 percent shall be for decay or wormy fruit. (ii) For defects en route or at destina tion. Not more than 12 percent of the fruit which fail to meet the require ments of the grade: Provided, that in cluded in this amount not more than the following percentages shall be al lowed for defects listed: (A) 10 percent for fruit having perma nent defects; or, (B) 3 percent for decay or wormy fruit. (b) Discoloration—(1) U.S. No. 1 Bright, U.S. No. 1, U.S. No. 2 Bright, and U.S. No. 2. Not more than 10 percent of the fruit in any lot may fail to meet the re quirements relating to discoloration as specified in each grade. No sample may have more than 20 percent of the fruit with excessive discoloration: And pro vided further, that the entire lot aver ages within the percentage specified. (2) U.S. No. 1 Golden. Not more than 30 percent of the fruit shall have in ex cess of one-third of their surface, in the aggregate, affected by discoloration, and no part of any tolerance shall be allowed to increase this percentage. No sample may have more than 40 percent of the fruit with excessive discolora tion: And provided further, that the en tire lot averages within the percentage specified. (3) U.S. No. 1 Bronze, and U.S. No. 1 Russet. At least 30 percent of the fruit shall have in excess of one-third of the surface, in the aggregate, affected by discoloration, and no part of any toler ance shall be allowed to reduce this percentage. No sample may have less than 20 percent of the fruit with re quired discoloration: And provided fur ther, that the entire lot averages with in the percentage specified. (4) U.S. No. 2 Russet. At least 10 per cent of the fruit shall have in excess of one-half of the surface, in the aggre gate, affected by discoloration, and no part of any tolerance shall be allowed to reduce this percentage: And provided further, that the entire lot averages within the percentage specified. [61 FR 20713, May 8, 1996, as amended at 61 FR 40290, Aug. 2, 1996; 62 FR 2897, Jan. 21, 1997] APPLICATION OF TOLERANCES § 51.1821 Application of tolerances. Individual samples are subject to the following limitations, unless otherwise specified in § 51.1820. Individual samples shall have not more than one and one half times a specified tolerance of 10 percent or more, and not more than double a specified tolerance of less than 10 percent: Provided, that at least one decayed or wormy fruit may be permitted in any sample: And provided further, that the averages for the entire lot are within the tolerances specified for the grade. [62 FR 2898, Jan. 21, 1997] SIZE § 51.1822 Size. (a) Fruits shall be fairly uniform in size and shall be packed in containers according to approved and recognized methods. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00460 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 451 Agricultural Marketing Service, USDA § 51.1831 (b) ‘‘Fairly uniform in size’’ means that not more than 10 percent of the tangerines per sample may vary more than one-half inch in diameter. (c) In order to allow for variations in cident to proper sizing, not more than 10 percent of the samples in any lot may fail to meet the requirements of size. DEFINITIONS § 51.1823 Mature. Mature shall have the same meaning assigned the term in the Florida Citrus Code, Chapter 601, 1995 Edition, and the Official Rules Affecting the Florida Citrus Industry, in effect as of Feb ruary 12, 1995. These tangerine matu rity requirements are contained in the Florida Citrus Code, Chapter 601, Flor ida Statutes, Sections 601.21, and 601.22, 1995 Edition, and the State of Florida Department of Citrus Official Rules Af fecting the Florida Citrus Industry, Part 1, Chapter 20–13 Market Classifica tion, Maturity Standards and Proc essing or Packing Restrictions for Hy brids in effect as of February 12, 1995. This incorporation by reference was ap proved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from, Florida Department of Citrus, Post Office Box 148, Lakeland, Florida 33802 or copies of both regula tions may be inspected at USDA, AMS, F&VD, FPB, Standardization Section, Room 2065–S, 14th and Independence Ave., Washington, DC 20250 or at the National Archives and Records Admin istration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http:// www.archives.gov/federallregister/ codeloflfederallregulations/ ibrllocations.html. § 51.1824 Firm. Firm means that the flesh is not soft and the fruit is not badly puffy and that the skin has not become materi ally separated from the flesh of the tangerine. § 51.1825 Well formed. Well formed means that the fruit has the characteristic tangerine shape and is not deformed. § 51.1826 Damage. Damage means any specific defect de scribed in § 51.1837, Table I; or an equal ly objectionable variation of any one of these defects, any other defect, or any combination of defects, which materi ally detracts from the appearance, or the edible or marketing quality of the fruit. § 51.1827 Highly colored. Highly colored means that the ground color of each fruit is a deep tangerine color, or characteristic color for the variety, with practically no trace of yellow color. § 51.1828 Discoloration. Discoloration means russeting of a light shade of golden brown caused by rust mite or other means. Lighter shades of discoloration caused by smooth or fairly smooth superficial scars or other means may be allowed on a greater area, or darker shades may be allowed on a lesser area, pro vided no discoloration caused by speck type melanose or other means may de tract from the appearance of the fruit to a greater extent than the shade and amount of discoloration allowed in the grade. § 51.1829 Well colored. Well colored means that a good yellow or better ground color predominates over the green color on the entire fruit surface with no distinct green color present, and that some portion of the surface has a reddish tangerine blush, or characteristic color for the variety. § 51.1830 Fairly well colored. Fairly well colored means that the sur face of the fruit may have green color which does not exceed the aggregate area of a circle 1–1⁄4 inches (31.8 mm) in diameter and that the remainder of the surface has a yellow or better ground color with some portion of the surface showing reddish tangerine blush, or characteristic color for the variety. § 51.1831 Fairly firm. Fairly firm means that the flesh may be slightly soft but is not bruised or badly puffy, and that the skin has not VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00461 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 452 7 CFR Ch. I (1–1–17 Edition) § 51.1832 become seriously separated from the flesh of the tangerine. § 51.1832 Fairly well formed. Fairly well formed means that the fruit may not have the shape char acteristic of the variety but that it is not badly deformed. § 51.1833 Serious damage. Serious damage means any specific de fect described in § 51.1837, Table I; 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 fruit. § 51.1834 Reasonably well colored. Reasonably well colored means that a good yellow or reddish tangerine color shall predominate over the green color on at least one-half of the fruit surface in the aggregate, and that each fruit shall show practically no lemon color. § 51.1835 Very serious damage. Very serious damage means any spe cific defect described in § 51.1837, Table I; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which very seriously detracts from the appearance, or the edible or marketing quality of the fruit. § 51.1836 Diameter. Diameter means the greatest dimen sion measured at right angles to a line from stem to blossom end. § 51.1837 Classification of defects. TABLE I Factor Damage Serious damage Very serious damage Ammoniation ............................ Not occurring as light speck type, or detracts more than discoloration permitted in the grade. Scars are cracked or dark and aggregating more than a circle 5⁄8 inch (15.9 mm) in diameter. Aggregating more than 25 percent of the surface. Bruises ..................................... Segment walls are collapsed, or rag is ruptured and juice sacs are ruptured. Segment walls are collapsed, or rag is ruptured and juice sacs are ruptured. Fruit is split open, peel is badly watersoaked, or rag is ruptured and juice sacs are ruptured causing a mushy condition affecting all segments more than 1⁄2 inch (12.7 mm) at bruised area or the equivalent of this amount, by volume, when affecting more than one area on the fruit. Buckskin .................................. Aggregating more than a cir cle 3⁄4 inch (19.1 mm) in di ameter. Aggregating more than 25 percent of the surface. Aggregating more than 50 percent of the surface. Caked melanose ...................... Aggregating more than a cir cle 3⁄8 inch (9.5 mm) in di ameter. Aggregating more than a cir cle 5⁄8 inch (15.9 mm) in di ameter. Aggregating more than 25 percent of the surface. Creasing .................................. Materially weakens the skin, or extends over more than one-third of the surface. Seriously weakens the skin, or extends over more than one-half of the surface. Very seriously weakens the skin, or is distributed over practically the entire sur face. Dryness or mushy condition .... Affecting all segments more than 1⁄8 inch (3.2 mm) at stem end, or the equivalent of this amount, by volume, when occurring in other portions of the fruit. Affecting all segments more than 1⁄4 inch (6.4 mm) at stem end, or the equivalent of this amount, by volume, when occurring in other portions of the fruit. Affecting all segments more than 1⁄2 inch (12.7 mm) at stem end, or the equivalent of this amount, by volume, when occurring in other portions of the fruit. Green spots ............................. Aggregating more than a cir cle 1⁄2 inch (12.7 mm) in di ameter. Aggregating more than a cir cle 5⁄8 inch (15.9 mm) in di ameter. Aggregating more than 25 percent of the surface. Oil spots ................................... Aggregating more than a cir cle 1⁄2 inch (12.7 mm) in di ameter. Aggregating more than a cir cle 3⁄4 inch (19.1 mm) in di ameter. Aggregating more than 25 percent of the surface. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00462 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 453 Agricultural Marketing Service, USDA § 51.1857 1 Packing of the product in conformity with the requirements of these standards shall not excuse failure to comply with the provisions of the Federal Food, Drug, and Cosmetic Act or with applicable State laws and regulations. TABLE I—Continued Factor Damage Serious damage Very serious damage Scab ......................................... Materially detracts from the shape or texture, or aggre gating more than a circle 3⁄8 inch (9.5 mm) in diameter. Seriously detracts from the shape or texture, or aggre gating more than a circle 5⁄8 inch (15.9 mm) in diameter. Aggregating more than 25 percent of the surface. Scale ........................................ Aggregating more than a cir cle 3⁄8 inch (9.5 mm) in di ameter. Aggregating more than a cir cle 5⁄8 inch (15.9 mm) in di ameter. Aggregating more than 25 percent of the surface. Scars, Hail, and Thorn scratch es [For smooth or fairly smooth superficial scars see § 51.1828.]. Deep or rough aggregating more than a circle 1⁄4 inch (6.4 mm) in diameter; slightly rough with slight depth aggregating more than a circle 3⁄4 inch (19.1 mm) in diameter; smooth or fairly smooth with slight depth aggregating more than a circle 11⁄8 inches (28.6 mm) in diameter. Deep or rough aggregating more than a circle 1⁄2 inch (12.7 mm) in diameter; slightly rough with slight depth aggregating more than a circle 11⁄8 inches (28.6 mm) in diameter; smooth or fairly smooth with slight depth aggre gating more than 10 per cent of fruit surface. Deep or rough or unsightly that appearance is very se riously affected. Skin breakdown ....................... Aggregating more than a cir cle 1⁄2 inch (12.7 mm) in di ameter. Aggregating more than a cir cle 3⁄4 inch (19.1 mm) in di ameter. Aggregating more than 25 percent of the surface. Sprayburn ................................ Skin is hard and aggregating more than a circle 3⁄4 inch (19.1 mm) in diameter. Skin is hard and aggregating more than a circle 11⁄4 inches (31.8 mm) in diame ter. Aggregating more than 25 percent of the surface. Sunburn ................................... Skin is flattened, dry, dark ened, or hard and the af fected area exceeds 25 percent of the surface. Skin is hard and affects more than one-third of the sur face. Aggregating more than 50 percent of the surface. NOTE: All references to area or aggregate area, or length are based on a tangerine 21⁄2 inches in diameter (63.5 mm), allowing proportionately greater areas on larger fruit and lesser areas on smaller fruit. Subpart—United States Standards for Fresh Tomatoes 1 SOURCE: 38 FR 23932, Sept. 5, 1973, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. GRADES § 51.1855 U.S. No. 1. ‘‘U.S. No. 1’’ consists of tomatoes which meet the following require ments: (a) Basic requirements: (1) Similar varietal characteristics; (2) Mature; (3) Not overripe or soft; (4) Clean; (5) Well developed; (6) Fairly well formed; and, (7) Fairly smooth. (b) Free from: (1) Decay; (2) Freezing injury; and (3) Sunscald. (c) Not damaged by any other cause. (d) For tolerances see § 51.1861. § 51.1856 U.S. Combination. ‘‘U.S. Combination’’ consists of a combination of U.S. No. 1 and U.S. No. 2 tomatoes: Provided, That at least 60 percent, by count, meet the require ments of U.S. No. 1 grade. (a) For tolerances see § 51.1861. § 51.1857 U.S. No. 2. ‘‘U.S. No. 2’’ consists of tomatoes which meet the following require ments: (a) Basic requirements: (1) Similar varietal characteristics; (2) Mature; (3) Not overripe or soft; (4) Clean; (5) Well developed; (6) Reasonably well formed; and, (7) Not more than slightly rough. (b) Free from: (1) Decay; (2) Freezing injury; and, VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00463 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 454 7 CFR Ch. I (1–1–17 Edition) § 51.1858 (3) Sunscald. (c) Not seriously damaged by any other cause. (d) For tolerances see § 51.1861. § 51.1858 U.S. No. 3. ‘‘U.S. No. 3’’ consists of tomatoes which meet the following require ments: (a) Basic requirements: (1) Similar varietal characteristics; (2) Mature; (3) Not overripe or soft; (4) Clean; (5) Well developed; and, (6) May be mishapen. (b) Free from: (1) Decay; and, (2) Freezing injury. (c) Not seriously damaged by: (1) Sunscald. (d) Not very seriously damaged by any other cause. (e) For tolerances see § 51.1861. SIZE § 51.1859 Size. (a) The size of tomatoes packed in any standard type shipping container shall be specified and marked accord ing to one of the size designations set forth in Table I. Individual containers shall not be marked with more than one size designation. Consumer pack ages and their master container are ex empt; however, if they are marked, the same requirements would apply. (1) When containers are marked in accordance with Table I, the markings on at least 85 percent of the containers in a lot must be legible. (2) In determining compliance with the size designations, the measurement for minimum diameter shall be the largest diameter of the tomato meas ured at right angles to a line from the stem end to the blossom end. The measurement for maximum diameter shall be the smallest dimension of the tomato determined by passing the to mato through a round opening in any position. (b) In lieu of marking containers in accordance with paragraph (a) of this section or specifying size in accordance with the dimensions defined in Table I, for Cerasiforme type tomatoes com monly referred to as cherry tomatoes and Pyriforme type tomatoes com monly referred to as pear shaped toma toes, and other similar types, size may be specified in terms of minimum di ameter or minimum and maximum di ameter expressed in whole inches, and not less than thirty-second inch frac tions thereof, or millimeters in accord ance with the facts. (1) Tomatoes of these types are ex empt from marking requirements. However, when marked to a minimum or minimum and maximum diameter, the markings on at least 85 percent of the containers in a lot must be legible. (c) For tolerances see § 51.1861. TABLE I Size designation Inches Minimum di ameter 1 Maximum diameter 2 Small .......................................... 24⁄32 29⁄32 Medium ...................................... 28⁄32 217⁄32 Large ......................................... 216⁄32 225⁄32 Extra large ................................. 224⁄32 1 Will not pass through a round opening of the designated diameter when tomato is placed with the greatest transverse diameter across the opening. 2 Will pass through a round opening of the designated di ameter in any position. [56 FR 21915, May 13, 1991; 56 FR 32474, July 16, 1991] COLOR CLASSIFICATION § 51.1860 Color classification. (a) The following terms may be used, when specified in connection with the grade statement, in describing the color as an indication of the stage of ripeness of any lot of mature tomatoes of a red fleshed variety: (1) Green. ‘‘Green’’ means that the surface of the tomato is completely green in color. The shade of green color may vary from light to dark; (2) Breakers. ‘‘Breakers’’ means that there is a definite break in color from green to tannish-yellow, pink or red on not more than 10 percent of the sur face; (3) Turning. ‘‘Turning’’ means that more than 10 percent but not more than 30 percent of the surface, in the aggregate, shows a definite change in color from green to tannish-yellow, pink, red, or a combination thereof; (4) Pink. ‘‘Pink’’ means that more than 30 percent but not more than 60 VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00464 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 455 Agricultural Marketing Service, USDA § 51.1861 2 Shipping point, as used in these stand ards, means the point of origin of the ship ment in producing area or at port of loading for ship stores or overseas shipment, or in the case of shipments from outside the conti nental United States, the port of entry into the United States. percent of the surface, in the aggre gate, shows pink or red color; (5) Light red. ‘‘Light red’’ means that more than 60 percent of the surface, in the aggregate, shows pinkish-red or red: Provided, That not more than 90 percent of the surface is red color; and, (6) Red. ‘‘Red’’ means that more than 90 percent of the surface, in the aggre gate, shows red color. (b) Any lot of tomatoes which does not meet the requirements of any of the above color designations may be designated as ‘‘Mixed Color’’. (c) For tolerances see § 51.1861. (d) Tomato color standards U.S.D.A. Visual Aid TM—L—1 consists of a chart containing twelve color photo graphs illustrating the color classifica tion requirements, as set forth in this section. This visual aid may be exam ined in the Fruit and Vegetable Divi sion, AMS, U.S. Department of Agri culture, South Building, Washington, D.C. 20250; in any field office of the Fresh Fruit and Vegetable Inspection Service; or upon request of any author ized inspector of such Service. Dupli cates of this visual aid may be pur chased from The John Henry Co., Post Office Box 1410, Lansing, Michigan 48904. [38 FR 23932, Sept. 5, 1973, as amended at 40 FR 2791, Jan. 16, 1975. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981] TOLERANCES § 51.1861 Tolerances. In order to allow for variations inci dent to proper grading and handling in each of the foregoing grades, the fol lowing tolerances, by count, are pro vided as specified: (a) U.S. No. 1—(1) For defects at ship ping point. 2 Ten percent for tomatoes in any lot which fail to meet the re quirements for this grade: Provided, That not more than one-half of this tolerance, or 5 percent, shall be allowed for defects causing very serious dam age, including therein not more than 1 percent for tomatoes which are soft or affected by decay; and, (2) For defects en route or at destina tion. Fifteen percent for tomatoes in any lot which fail to meet the require ments for this grade: Provided, That in cluded in this amount not more than the following percentages shall be al lowed for defects listed: (i) Five percent for tomatoes which are soft or affected by decay; (ii) Ten percent for tomatoes which are damaged by shoulder bruises or by discolored or sunken scars on any parts of the tomatoes; and, (iii) Ten percent for tomatoes which are otherwise defective: And provided further, That not more than 5 percent shall be allowed for tomatoes which are very seriously damaged by any cause, exclusive of soft or decayed tomatoes. (b) U.S. Combination—(1) For defects at shipping point. 2 Ten percent for toma toes in any lot which fail to meet the requirements of the U.S. No. 2 grade: Provided, That not more than one-half of this tolerance, or 5 percent, shall be allowed for defects causing very serious damage, including 1 percent for toma toes which are soft or affected by decay; and, (2) For defects en route or at destina tion. Fifteen percent for tomatoes in any lot which fail to meet the require ments of the U.S. No. 2 grade: Provided, That included in this amount not more than the following percentages shall be allowed for defects listed: (i) Five percent for tomatoes which are soft or affected by decay; (ii) Ten percent for tomatoes which are seriously damaged by shoulder bruises or by discolored or sunken scars on any parts of the tomatoes; and, (iii) Ten percent for tomatoes which are otherwise defective: And provided further, That not more than 5 percent shall be allowed for tomatoes which are very seriously damaged by any cause, exclusive of soft or decayed tomatoes. (c) U.S. No. 2—(1) For defects at ship ping point. 2 Ten percent for tomatoes in any lot which fail to meet the re quirements of this grade: Provided, That not more than one-half of this tolerance, or 5 percent, shall be allowed VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00465 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 456 7 CFR Ch. I (1–1–17 Edition) § 51.1862 for defects causing very serious dam age, including therein not more than 1 percent for tomatoes which are soft or affected by decay; and, (2) For defects en route or at destina tion. Fifteen percent for tomatoes in any lot which fail to meet the require ments for this grade: Provided, That in cluded in this amount not more than the following percentages shall be al lowed for defects listed: (i) Five percent for tomatoes which are soft or affected by decay; (ii) Ten percent for tomatoes which are seriously damaged by shoulder bruises or by discolored or sunken scars on any parts of the tomatoes; and, (iii) Ten percent for tomatoes which are otherwise defective: And provided further, That not more than 5 percent shall be allowed for tomatoes which are very seriously damaged by any cause, exclusive of soft or decayed tomatoes. (d) U.S. No. 3—(1) For defects at ship ping point. 2 Ten percent for tomatoes in any lot which fail to meet the re quirements of this grade: Provided, That not more than one-half of this tolerance, or 5 percent, shall be allowed for tomatoes which are very seriously damaged by insects and not more than one-tenth of the tolerance, or 1 per cent, for tomatoes which are soft or af fected by decay; and, (2) For defects en route or at destina tion. Fifteen percent for tomatoes in any lot which fail to meet the require ments for this grade: Provided, That in cluded in this amount not more than the following percentages shall be al lowed for defects listed: (i) Five percent for tomatoes which are soft or affected by decay; (ii) Ten percent for tomatoes which are very seriously damaged by shoulder bruises or by discolored or sunken scars on any parts of the tomatoes; and, (iii) Ten percent for tomatoes which are otherwise defective: And provided further, That not more than 5 percent shall be allowed for tomatoes which are very seriously damaged by insects. (e) For off size. Ten percent for toma toes in any lot which are smaller than the specified minimum diameter, or larger than the specified maximum di ameter. (f) For off color. Ten percent for toma toes in any lot which fail to meet the color specified, including therein not more than 5 percent for tomatoes which are green in color, when any term other than ‘‘Green’’ is specified. APPLICATION OF TOLERANCES § 51.1862 Application of tolerances. The contents of individual packages in the lot, based on sample inspection, are subject to the following limita tions: (a) For packages which contain more than 5 pounds (2.27 kg), and a tolerance of 10 percent or more is provided, indi vidual packages shall have not more than 11⁄2 times the tolerance specified, and for a tolerance of less than 10 per cent individual packages shall have not more than double the tolerance speci fied, except that at least one defective and one off size specimen may be al lowed in any package: Provided, That the averages for the entire lot are within the tolerances specified for the grade; and, (b) For packages which contain 5 pounds (2.27 kg) or less individual pack ages shall have not more than 4 times the tolerance specified, except that at least one tomato which is soft, or af fected by decay, and one off-size speci men may be permitted in any package: Provided, That the averages for the en tire lot are within the tolerances speci fied for the grade. STANDARD WEIGHT § 51.1863 Standard weight. (a) When packages are marked to a net weight of 15 pounds (6.80 kg) or more, the net weight of the contents shall not be less than the designated net weight and shall not exceed the designated weight by more than 2 pounds (0.91 kg). (b) In order to allow for variations in cident to proper sizing, not more than 15 percent, by count, of the packages in any lot may fail to meet the require ments for standard weight. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00466 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 457 Agricultural Marketing Service, USDA § 51.1876 DEFINITIONS § 51.1864 Similar varietal characteris tics. Similar varietal characteristics means that the tomatoes are alike as to firm ness of flesh and shade of color (for ex ample, soft-fleshed, early maturing va rieties are not mixed with firm-fleshed, midseason or late varieties, or bright red varieties mixed with varieties hav ing a purplish tinge). § 51.1865 Mature. Mature means that the tomato has reached the stage of development which will insure a proper completion of the ripening process, and that the contents of two or more seed cavities have developed a jelly-like consistency and the seeds are well developed. § 51.1866 Soft. Soft means that the tomato yields readily to slight pressure. § 51.1867 Clean. Clean means that the tomato is prac tically free from dirt or other foreign material. § 51.1868 Well developed. Well developed means that the tomatoe shows normal growth. Toma toes which are ridged and peaked at the stem end, contain dry tissue, and usually contain open spaces below the level of the stem scar, are not consid ered well developed. § 51.1869 Fairly well formed. Fairly well formed means that the to mato is not more than moderately kid ney-shaped, lop-sided, elongated, angu lar, or otherwise moderately deformed. § 51.1870 Fairly smooth. Fairly smooth means that the tomato is not conspicuously ridged or rough. § 51.1871 Damage. Damage means any specific defect de scribed in § 51.1877, table II; or an equal ly objectionable variation of any one of these defects, any other defect, or any combination of defects, which materi ally detracts from the appearance, or the edible or marketing quality of the tomato. § 51.1872 Reasonably well formed. Reasonably well formed means that the tomato is not decidedly kidney shaped, lop-sided, elongated, angular, or otherwise decidedly deformed. § 51.1873 Slightly rough. Slightly rough means that the tomato is not decidedly ridged or grooved. § 51.1874 Serious damage. Serious damage means any specific de fect described in § 51.1877, table II; 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 tomato. § 51.1875 Misshapen. Misshapen means that the tomato is decidedly kidney-shaped, lop-sided, elongated, angular or otherwise decid edly deformed: Provided, That the shape is not affected to an extent that the appearance or the edible quality of the tomato is very seriously affected. § 51.1876 Very serious damage. Very serious damage means any spe cific defect described in § 51.1877, Table II; or an equally objectionable vari ation of any one of these defects, any other defect, or any combination of de fects, which very seriously detracts from the appearance, or the edible or marketing quality of the tomato. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00467 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 458 7 CFR Ch. I (1–1–17 Edition) § 51.1877 § 51.1877 Classification of defects. TABLE II REFERENCES TO AREA, AGGREGATE AREA, LENGTH OR AGGREGATE LENGTH ARE BASED ON A TOMATO HAVING A DIAMETER OF 21⁄2 INCHES (64 MM) 1 [See footnote at end of Table II] Factor Damage Serious damage Very serious damage Cuts and broken skins Not shallow or not well healed, or shallow, well healed cut more than 1⁄2 inch (13 mm) in length, or other shallow, well healed skin breaks aggre gating more than a circle 3⁄8 inch (10 mm) in diameter. Not shallow or not well healed, or shallow, well healed cut more than 1⁄2 inch (13 mm) in length, or other shallow, well healed skin breaks aggre gating more than a circle 1⁄2 inch (13 mm) in diameter. Fresh or healed and extending through the tomato wall. Puffiness ..................... Open space in 1 or more locules materially detracts from ap pearance of tomato cut through center at right angles to a line from stem to blossom end. Open space in 1 or more locules seriously detracts from ap pearance of tomato cut through center at right angles to a line from stem to blossom end. Open space in 2 or more locules very seriously detracts from appearance of tomato cut through center at right angles to a line from stem to blossom end. Catfaces ..................... Scars are rough or deep, chan nels are very deep or wide, channels extend into a locule, or a fairly smooth catface ag gregating more than a circle 1⁄2 inch (13 mm) in diameter. Scars are rough or deep, chan nels are very deep or wide, channels extend into a locule, or a fairly smooth catface ag gregating more than a circle 3⁄4 inch (19 mm) in diameter. Channels extend into the locule, wall has been weakened to the extent that slight pressure will cause a tomato to leak, or a fairly smooth catface aggre gating more than a circle 1 inch (25 mm) in diameter. Scars (other than catfaces). No depth and aggregating more than a circle 3⁄8 inch (10 mm) in diameter. No depth and aggregating more than a circle 5⁄8 inch (16 mm) in diameter. No depth and aggregating more than a circle 1 inch (25 mm) in diameter. Growth cracks (radi ating from or con centric to stem scar). Not well healed, more than 1⁄8 inch (3 mm) in depth, indi vidual radial cracks more than 1⁄2 inch (13 mm) in length, ag gregate length of all radial cracks more than 1 inch (25 mm) measured from edge of stem scar. Any lot of tomatoes which are at least turning may have cracks which are not well healed provided they are not leaking. Not well healed, more than 1⁄8 inch (3 mm) in depth, indi vidual radial cracks more than 3⁄4 inch (19 mm) in length, ag gregate length of all radial cracks more than 13⁄4 inches (44 mm) measured from edge of stem scar. Any lot of toma toes which are at least turning may have cracks which are not well healed provided they are not leaking. Not well healed, more than 1⁄4 inch (6 mm) in depth, indi vidual radial cracks more than 1 inch (25 mm) in length, ag gregate length of all radial cracks more than 27⁄8 inches (73 mm) measured from edge of stem scar. Any lot of toma toes which are at least turning may have cracks which are not well healed provided they are not leaking, not more than 1⁄8 inch (3 mm) in depth, indi vidual radial cracks are not more than 3⁄4 inch (19 mm) in length. Hail ............................. Deep, rough, not well healed and corked over, or fairly smooth, shallow hailmarks ag gregating more than a circle 3⁄8 inch (10 mm) in diameter. Deep, rough, not well healed and corked over, or fairly smooth, shallow hailmarks ag gregating more than a circle 5⁄8 inch (16 mm) in diameter. Fresh, very deep or fairly smooth, shallow hailmarks ag gregating more than a circle 1 inch (25 mm) in diameter. Insect injury ................ Materially detracts from the ap pearance of any insect is present in the fruit. Seriously detracts from the ap pearance of any insect is present in the fruit. Very seriously detracts from the appearance of any insect is present in the fruit. 1 Conversion to metric equivalent, made to nearest whole millimeter. [38 FR 23932, Sept. 5, 1973, as amended at 38 FR 32920, Nov. 29, 1973. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981] Subpart—United States Consumer Standards for Fresh Tomatoes SOURCE: 18 FR 7144, Nov. 11, 1953, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. GENERAL § 51.1900 General. These standards apply only to fieldgrown tomatoes and not to toma toes grown in greenhouses. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00468 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 459 Agricultural Marketing Service, USDA § 51.1906 GRADES § 51.1901 U.S. Grade A. U.S. Grade A shall consist of toma toes of similar varietal characteristics which are mature and are at least turn ing (see § 51.1904), but are not overripe or soft which are well developed, at least fairly well formed, fairly smooth, free from soft rot, freezing injury, and from damage caused by dirt, bruises, cuts, shriveling, sunscald, sunburn, puffiness, catfaces, growth cracks, scars, dry rot, other diseases, insects, hail, or mechanical or other means. To matoes on the shown face shall be rea sonably representative in size and qual ity of the contents of the container. (See § 51.1903.) (a) Incident to proper grading and handling, except for maturity, not more than 5 percent, by count, of the tomatoes in any lot may fail to meet the requirements of the grade, includ ing not more than 1 percent for toma toes which are affected by soft rot. § 51.1902 U.S. Grade B. U.S. Grade B shall consist of toma toes of similar varietal characteristics which are mature and are at least turn ing (see § 51.1904), but are not overripe or soft and not badly misshapen; which are free from soft rot, freezing injury and from serious damage caused by dirt, bruises, cuts, shriveling, sunscald, sunburn, puffiness, catfaces, growth cracks, scars, dry rot, other diseases, insects hail, or mechanical or other means Tomatoes on the shown face shall be reasonably representative in size and quality of the contents of the container. (See § 51.1903.) (a) Incident to proper grading and handling, except for maturity, not more than 5 percent, by count, of the tomatoes in any lot may fail to meet the requirements of the grade, includ ing not more than 1 percent for toma toes which are affected by soft rot. SIZE AND MATURITY CLASSIFICATION § 51.1903 Size classification. The following terms may be used for describing the size of the tomatoes in any lot: Small Medium Under 3 oz ............................. 3 to 6 oz., inc. Large Very Large Over 6 to 10 oz., inc ............. Over 10 oz. (a) The tomatoes may also be classed in terms of combinations of the above sizes, as ‘‘Small to Medium,’’ ‘‘Medium to Large,’’ ‘‘Small to Very Large,’’ etc., in accordance with the facts. (b) Incident to proper sizing, not more than 10 percent, by count, of the tomatoes in any lot may vary from the size specified. § 51.1904 Maturity classification. Tomatoes which are characteris tically red when ripe, but are not over ripe or soft, may be classified for matu rity as follows: (a) Turning, when at least some part of the surface of the tomato, but less than one-half of the surface in the ag gregate, is covered with pink color. (b) Pink, when the tomato shows from one-half to three-fourths of the surface in the aggregate covered with pink or red color. (c) Hard ripe, when the tomato shows three-fourths or more of the surface in the aggregate covered with pink or red color. (d) Firm ripe, when the tomato shows three-fourths or more of the surface in the aggregate covered with red color characteristic of reasonably well rip ened tomatoes. (e) Incident to proper maturity deter mination, not more than a total of 10 percent, by count, of the tomatoes in any lot may fail to meet the maturity specified: Provided, That not more than 5 percent shall be allowed for tomatoes which are immature or are overripe or soft. OFF-GRADE § 51.1905 Off-Grade tomatoes. Tomatoes which fail to meet the re quirements of either of the foregoing grades shall be Off-Grade tomatoes. DEFINITIONS § 51.1906 Similar varietal characteris tics. Similar varietal characteristics means that the tomatoes are alike as to color, VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00469 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 460 7 CFR Ch. I (1–1–17 Edition) § 51.1907 i.e., bright red varieties shall not be mixed with varieties which have a pur plish tinge. § 51.1907 Mature. Mature means that the tomato has reached the stage of development which will insure a proper completion of the ripening process. § 51.1908 Well developed. Well developed means that the tomato shows normal growth. Tomatoes which are ridged and peaked at the stem end, contain dry tissue and usually open spaces, are not considered well devel oped. § 51.1909 Fairly well formed. Fairly well formed means that the to mato is not decidedly kidney-shaped, lopsided, elongated, angular, or other wise deformed. § 51.1910 Fairly smooth. Fairly smooth means that the tomato is not conspicuously ridged or rough. § 51.1911 Damaged. Damaged means any defect which ma terially affects the appearance, or edi ble, shipping or keeping quality of the tomatoes. Any one of the following de fects or any combination thereof, the seriousness of which exceeds the max imum allowed for any one defect, shall be considered as damage: (a) Cuts which are not shallow, not well healed, or when more than 1⁄2 inch in length. (b) Puffiness if the open space in one or more locules materially affects the appearance when the tomato is cut through the center at right angles to a line running from the stem to the blos som end. (c) Catfaces. These are irregular, dark, leathery scars at the blossom end of the fruit. Such scars damage the to mato when they are rough or deep, or when channels extend into the locule, or when they are fairly smooth and greater in area than a circle 3⁄8 inch in diameter on a 21⁄2 inch tomato. Smaller tomatoes shall have lesser areas of fairly smooth catfaces and larger to matoes may have greater areas, pro vided that such catfaces do not affect the appearance of the tomatoes to a greater extent than that caused by fairly smooth catfaces which are per mitted on a 21⁄2 inch tomato. (d) Growth cracks. These are ruptures or cracks radiating from the stem scar, or concentric to the stem scar. They damage the tomato when not well healed, or when more than 1⁄2 inch in length measured from the margin of the stem scar; except that very narrow, well healed cracks concentric to the stem scar shall not be considered as damage unless they are so numerous as to damage the appearance of the fruit. (e) Scars (except catfaces), when dark colored and shallow and aggregating more than 1⁄4 inch in diameter on a to mato 21⁄2 inches in diameter, or lighter colored shallow scars covering a great er area when they detract from the ap pearance to a greater extent than a dark-colored, shallow scar 1⁄4 inch in di ameter. Smaller tomatoes shall have lesser areas of scars and larger toma toes may have greater areas: Provided, That such scars do not affect the ap pearance of the tomatoes to a greater extent than that caused by scars which are permitted on a 21⁄2-inch tomato. A scar which penetrates the wall of the tomato shall be considered as damage. (f) Dry rot such as dry type Macrosporium or Phoma, when the spot is not adjacent to the stem scar, or when adjacent to the stem scar and more than 3⁄16 inch in diameter. § 51.1912 Badly misshapen. Badly misshapen means that the to mato is so badly deformed that its ap pearance is seriously affected. § 51.1913 Serious damage. Serious damage means any defect which seriously affects the appearance, or edible, shipping, or keeping quality of the tomatoes. Any one of the fol lowing defects or any combination thereof, the seriousness of which ex ceeds the maximum allowed for any one defect, shall be considered as seri ous damage: (a) Soft ripe tomatoes or tomatoes affected by the soft rot. (b) Fresh holes or cuts, or any holes or cuts through the tomato wall, or healed cuts which seriously affect the appearance of the tomato. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00470 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 461 Agricultural Marketing Service, USDA § 51.1995 1 Packing of the product in conformity with the requirements of these standards shall not excuse failure to comply with the provisions of the Federal Food, Drug and Cosmetic Act or with other applicable State laws and regulations. (c) Tomatoes showing any effects of freezing. (d) Puffiness which causes the to mato to be distinctly light in weight. (e) Growth cracks, when not well healed, or when so extensive, deep or discolored that the appearance of the tomato is seriously affected. (f) Scars (except catfaces), when dark colored and shallow and aggregating more than 1⁄2 inch in diameter on a to mato 21⁄2 inches in diameter, or lighter colored, shallow scars covering a great er area when they detract from the ap pearance to a greater extent than a darkcolored, shallow scar 1⁄2 inch in di ameter. Smaller tomatoes shall have lesser areas of scars and larger toma toes may have greater areas: Provided, That such scars do not affect the ap pearance of the tomatoes to a greater extent than that caused by scars which are permitted on a 21⁄2-inch tomato. (g) Dry rot such as dry type Macrosporium or Phoma, when the spot is not adjacent to the stem scar, or when adjacent to the stem scar and more than 1⁄4 inch in diameter. (h) Fruit actually infested with worms. Subpart—United States Standards for Grades of Filberts in the Shell 1 SOURCE: 35 FR 11453, July 17, 1970, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. GRADE § 51.1995 U.S. No. 1. ‘‘U.S. No. 1’’ consists of filberts in the shell which meet the following re quirements: (a) Similar type; and, (b) Dry. (c) Shells: (1) Well formed; and, (2) Clean and bright. (3) Free from: (i) Blanks; and, (ii) Broken or split shells. (4) Free from damage caused by: (i) Stains; and, (ii) Adhering husk; or, (iii) Other means. (d) Kernels: (1) Reasonably well developed; and, (2) Not badly misshapen. (3) Free from: (i) Rancidity; (ii) Decay; (iii) Mold; and, (iv) Insect injury. (4) Free from damage caused by: (i) Shriveling; and, (ii) Discoloration; or, (iii) Other means. (e) Size: The size shall be specified in connection with the grade in terms of minimum diameter, minimum and maximum diameters, or in accordance with one of the size classifications in Table I. TABLE I Size classifications Maximum size—Will pass through a round open ing of the fol lowing size Minimum size—Will not pass through a round open ing of the fol lowing size Round type varieties: Jumbo ........................... No maximum 56⁄64 inch. Large ............................. 56⁄64 inch ....... 49⁄64 inch. Medium ......................... 49⁄64 inch ....... 45⁄64 inch. Small ............................. 45⁄64 inch ....... No minimum. Long type varieties: Jumbo ........................... No maximum 47⁄64 inch. Large ............................. 48⁄64 inch ....... 44⁄64 inch. Medium ......................... 45⁄64 inch ....... 34⁄64 inch. Small ............................. 35⁄64 inch. ...... No minimum. (f) Tolerances: In order to allow for variations incident to proper grading and handling, the following tolerances, by count, are permitted as specified: (1) For mixed types. 20 percent for fil berts which are of a different type. (2) For defects. 10 percent for filberts which are below the requirements of this grade: Provided, That not more than one-half of this amount or 5 per cent shall consist of blanks, and not more than 5 percent shall consist of fil berts with rancid, decayed, moldy or insect injured kernels, including not more than 3 percent for insect injury. (3) For off-size. 15 percent for filberts which fail to meet the requirements for thesize specified, but not more than two-thirds of this amount, or 10 per cent shall consist of undersize filberts. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00471 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 462 7 CFR Ch. I (1–1–17 Edition) § 51.1996 APPLICATION OF STANDARDS § 51.1996 Application of standards. (a) The grade of a lot of filberts shall be determined on the basis of a com posite sample drawn from containers in various locations in the lot. However, any container or group of cantainers in which the filberts are obviously of a quality, type or size materially dif ferent from that in the majority of containers shall be considered a sepa rate lot, and shall be sampled sepa rately. (b) In grading the sample, each fil bert shall be examined for defects of the shell before being cracked for ker nel examination. A filbert shall be classed as only one defective nut even though it may be defective externally and internally. DEFINITIONS § 51.1997 Similar type. Similar type means that the filberts in each container are of the same general type and appearance. For example, nuts of the round type shall not be mixed with those of the long type in the same container. § 51.1998 Dry. Dry means that the shell is free from surface moisture, and that the shells and kernels combined do not contain more than 10 percent moisture. § 51.1999 Well formed. Well formed means that the filbert shell is not materially misshapen. § 51.2000 Clean and bright. Clean and bright means that the indi vidual filbert and the lot as a whole are practically free from adhering dirt and other foreign material, and that the shells have characteristic color. § 51.2001 Blank. Blank means a filbert containing no kernel or a kernel filling less than one fourth the capacity of the shell. § 51.2002 Split shell. Split shell means a shell having any crack which is open and conspicuous for a distance of more than one-fourth the circumference of the shell, meas ured in the direction of the crack. § 51.2003 Damage. Damage means any specific defect de scribed in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects which materi ally detracts from the appearance, or the edible or marketing quality of the filberts. The following specific defects shall be considered as damage: (a) Stains which are dark and materi ally affect the appearance of the indi vidual shell. (b) Adhering husk when covering more than 5 percent of the surface of the shell in the aggregate. (c) Shriveling when the kernel is ma terially shrunken, wrinkled, leathery or tough. (d) Discoloration when the appear ance of the kernel is materially af fected by black color. § 51.2004 Reasonably well developed. Reasonably well developed means that the kernel fills one-half or more of the capacity of the shell. § 51.2005 Badly misshapen. Badly misshapen means that the ker nel is so malformed that the appear ance is materially affected. § 51.2006 Rancidity. Rancidity means that the kernel is noticeably rancid to the taste. An oily appearance of the flesh does not nec essarily indicate a rancid condition. § 51.2007 Moldy. Moldy means that there is a visible growth of mold either on the outside or the inside of the kernel. § 51.2008 Insect injury. Insect injury means that the insect, frass or web is present inside the nut or the kernel shows definite evidence of insect feeding. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00472 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 463 Agricultural Marketing Service, USDA § 51.2080 METRIC CONVERSION TABLE § 51.2009 Metric conversion table. Inches Millimeters (mm) 62⁄64 .................................................................... 24.6 59⁄64 .................................................................... 23.4 56⁄64 .................................................................... 22.2 49⁄64 .................................................................... 19.4 48⁄64 .................................................................... 19.0 47⁄64 .................................................................... 18.6 45⁄64 .................................................................... 17.9 44⁄64 .................................................................... 17.5 42⁄64 .................................................................... 16.7 35⁄64 .................................................................... 13.9 34⁄64 .................................................................... 13.5 Subpart—United States Standards for Grades of Almonds in the Shell SOURCE: 62 FR 2892, Jan. 21, 1997, unless otherwise noted. GRADES § 51.2075 U.S. No. 1. ‘‘U.S. No. 1’’ consists of almonds in the shell which are of similar varietal characteristics and free from loose ex traneous and foreign material. The shells are clean, fairly bright, fairly uniform color, and free from damage caused by discoloration, adhering hulls, broken shells or other means. The kernels are well dried, free from decay, rancidity, and free from damage caused by insects, mold, gum, skin dis coloration, shriveling, brown spot or other means. (a) Unless otherwise specified, the al monds are of a size not less than 28⁄64 of an inch (11.1 mm) in thickness. (b) In order to allow for variations in cident to proper grading and handling, the following tolerances are provided as specified: (1) For external (shell) defects. 10 per cent, by count, for almonds which fail to meet the requirements of this grade other than for variety and size; (2) For dissimilar varieties. 5 percent, by count, including therein not more than 1 percent for bitter almonds mixed with sweet almonds; (3) For size. 5 percent, by count, for almonds which are smaller than the specified minimum thickness; (4) For loose extraneous and foreign ma terial. 2 percent, by weight, including therein not more than 1 percent which can pass through a round opening 24⁄64 inch (9.5 mm) in diameter: Provided, that such material is practically free from insect infestation; and, (5) For internal (kernel) defects. 10 per cent, by weight, for almonds with ker nels failing to meet the requirements of this grade: Provided, that not more than one-half of this tolerance or 5 per cent shall be allowed for kernels af fected by decay or rancidity, damaged by insects or mold or seriously dam aged by shriveling: And provided fur ther, that no part of this tolerance shall be allowed for live insects inside the shell. [62 FR 2892, Jan. 21, 1997, as amended at 78 FR 14908, Mar. 8, 2013] § 51.2076 U.S. No. 1 Mixed. ‘‘U.S. No. 1 Mixed’’ consists of al monds in the shell which meet the re quirements of U.S. No. 1 grade, except that two or more varieties of sweet al monds are mixed. § 51.2077 U.S. No. 2. ‘‘U.S. No. 2’’ consists of almonds in the shell which meet the requirements of U.S. No. 1 grade, except that an ad ditional tolerance of 20 percent shall be allowed for almonds with shells dam aged by discoloration. § 51.2078 U.S. No. 2 Mixed. ‘‘U.S. No. 2 Mixed’’ consists of al monds in the shell which meet the re quirements of U.S. No. 2 grade, except that two or more varieties of sweet al monds are mixed. APPLICATION OF TOLERANCES § 51.2079 Application of tolerances. The tolerances for the foregoing grades are applied to the entire lot of almonds, based upon a composite sam ple drawn from containers throughout the lot. DETERMINATION OF GRADE § 51.2080 Determination of grade. In grading the inspection sample, the percentage of loose hulls, pieces of shell, chaff and foreign material is de termined on the basis of weight. Next, the percentages of nuts which are of dissimilar varieties, undersize or have VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00473 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 464 7 CFR Ch. I (1–1–17 Edition) § 51.2081 adhering hulls or defective shells are determined by count, using an ade quate portion of the total sample. Fi nally, the nuts in that portion of the sample are cracked and the percentage having internal defects is determined on the basis of weight. [78 FR 14908, Mar. 8, 2013] DEFINITIONS § 51.2081 Similar varietal characteris tics. Similar varietal characteristics means that the almonds are similar in shape, and are reasonably uniform in degree of hardness of the shells, and that bit ter almonds are not mixed with sweet almonds. For example, hard-shelled va rieties, semi-soft shelled varieties, soft-shelled varieties and paper-shelled varieties are not mixed together, nor are any two of these types mixed under this definition. § 51.2082 Loose extraneous and foreign material. Loose extraneous and foreign material means loose hulls, empty broken shells, pieces of shells, external insect infestation and any substance other than almonds in the shell or almond kernels. § 51.2083 Clean. Clean means that the shell is prac tically free from dirt and other adher ing foreign material. § 51.2084 Fairly bright. Fairly bright means that the shells show good characteristic color. § 51.2085 Fairly uniform color. Fairly uniform color means that the shells do not show excessive variation in color, whether bleached or natural. § 51.2086 Well dried. Well dried means that the kernel is firm and brittle, not pliable or leath ery. § 51.2087 Decay. Decay means that part or all of the kernel has become decomposed. § 51.2088 Rancidity. Rancidity means that the kernel is noticeably rancid to taste. § 51.2089 Damage. Damage means any defect which ma terially detracts from the appearance of the individual kernel, or the edible or shipping quality of the almond. Any one of the following defects or com bination thereof, the seriousness of which exceeds the maximum allowed for any one defect shall be considered as damage: (a) Discoloration of the shell which is medium gray to black and affects more than one-eighth of the surface in the aggregate. Normal variations of a red dish or brownish color shall not be con sidered discoloration; (b) Adhering hulls which cover more than 5 percent of the shell surface in the aggregate; (c) Broken shells when a portion of the shell is missing, or the shell is bro ken or fractured to the extent that moderate pressure will permit the ker nel to become dislodged; (d) Insect injury when the insect, web or frass is present or there is definite evidence of insect feeding; (e) Mold, when visible on the kernel, except when white or gray and easily rubbed off with the fingers; (f) Gum, when a film of shiny, res inous appearing substance affects an area aggregating more than the equiva lent of a circle one-quarter inch (6.4 mm) in diameter; (g) Skin discoloration when more than one-half of the surface of the ker nel is affected by very dark or black stains contrasting with the natural color of the skin; (h) Shriveling when the kernel is ex cessively thin for its size, or when ma terially withered, shrunken, leathery, tough or only partially developed: Pro vided, that partially developed kernels are not considered damaged if more than three-fourths of the pellicle is filled with meat. An almond containing two kernels shall not be classed as damaged if either kernel has more than three-fourths of the pellicle filled with meat; and, (i) Brown spot which affects an ag gregate area on the kernel greater than VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00474 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 465 Agricultural Marketing Service, USDA § 51.2107 the area of a circle one-eighth inch (3.2 mm) in diameter. § 51.2090 Serious damage. Serious damage means any defect which makes a kernel or piece of ker nel unsuitable for human consumption, and includes decay, rancidity, insect injury and damage by mold. The fol lowing defect shall be considered as se rious damage: Shriveling when the ker nel is seriously withered, shrunken, leathery, tough or only partially devel oped: Provided, that partially devel oped kernels are not considered seri ously damaged if more than one-fourth of the pellicle is filled with meat. § 51.2091 Thickness. Thickness means the greatest dimen sion between the two semi-flat surfaces of the shell measured at right angles to a plane extending between the seams of the shell. Subpart—United States Standards for Grades of Shelled Almonds SOURCE: 62 FR 2894, Jan. 21, 1997, unless otherwise noted. GRADES § 51.2105 U.S. Fancy. ‘‘U.S. Fancy’’ consists of shelled al monds of similar varietal characteris tics which are whole, clean and well dried, and which are free from decay, rancidity, insect injury, foreign mate rial, doubles, split or broken kernels, particles and dust, and free from injury caused by chipped and scratched ker nels, and free from damage caused by mold, gum, shriveling, brown spot or other means. (See §§ 51.2113 and 51.2114.) In order to allow for variations inci dent to proper grading and handling, the following tolerances, by weight, shall be permitted: (a) For dissimilar varieties. 5 percent, including not more than one-fifth of this amount, or 1 percent, for bitter al monds mixed with sweet almonds; (b) For doubles. 3 percent; (c) For kernels injured by chipping and/ or scratching. 5 percent; (d) For foreign material. One-twentieth of 1 percent (0.05 percent). No part of this percentage shall be allowed for glass and metal; (e) For particles and dust. One-tenth of 1 percent (0.10 percent); and, (f) For other defects. 2 percent, includ ing not more than one-half of this amount, or 1 percent, for split or bro ken kernels, and including not more than one-half of the former amount, or 1 percent, for seriously damaged ker nels. § 51.2106 U.S. Extra No. 1. ‘‘U.S. Extra No. 1’’ consists of shelled almonds of similar varietal character istics which are whole, clean and well dried, and which are free from decay, rancidity, insect injury, foreign mate rial, doubles, split or broken kernels, particles and dust, and free from dam age caused by chipped and scratched kernels, mold, gum, shriveling, brown spot or other means. (See §§ 51.2113 and 51.2114.) In order to allow for variations inci dent to proper grading and handling, the following tolerances, by weight, shall be permitted: (a) For dissimilar varieties. 5 percent, including not more than one-fifth of this amount, or 1 percent, for bitter al monds mixed with sweet almonds; (b) For doubles. 5 percent; (c) For kernels damaged by chipping and/or scratching. 5 percent; (d) For foreign material. One-twentieth of 1 percent (0.05 percent). No part of this percentage shall be allowed for glass and metal; (e) For particles and dust. One-tenth of 1 percent (0.10 percent); and, (f) For other defects. 4 percent, includ ing not more than one-fourth of this amount, or 1 percent, for split or bro ken kernels, and including not more than three-eighths of the former amount, or 11⁄2 percent, for seriously damaged kernels. § 51.2107 U.S. No. 1. ‘‘U.S. No. 1’’ consists of shelled al monds of similar varietal characteris tics which are whole, clean and well dried, and which are free from decay, rancidity, insect injury, foreign mate rial, doubles, split or broken kernels, particles and dust, and free from dam age caused by chipped and scratched kernels, mold, gum, shriveling, brown VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00475 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 466 7 CFR Ch. I (1–1–17 Edition) § 51.2108 spot or other means. (See §§ 51.2113 and 51.2114.) In order to allow for variations inci dent to proper grading and handling, the following tolerances, by weight, shall be permitted: (a) For dissimilar varieties. 5 percent, including not more than one-fifth of this amount, or 1 percent, for bitter al monds mixed with sweet almonds; (b) For doubles. 15 percent; (c) For kernels damaged by chipping and/or scratching. 10 percent; (d) For foreign material. One-twentieth of 1 percent (0.05 percent). No part of this percentage shall be allowed for glass and metal; (e) For particles and dust. One-tenth of 1 percent (0.10 percent); and, (f) For other defects. 5 percent includ ing not more than one-fifth of this amount, or 1 percent, for split or bro ken kernels, and including not more than three-tenths of the former amount, or 11⁄2 percent, for seriously damaged kernels. § 51.2108 U.S. Select Sheller Run. ‘‘U.S. Select Sheller Run’’ consists of shelled almonds of similar varietal characteristics which are whole, clean and well dried, and which are free from decay, rancidity, insect injury, foreign material, doubles, split or broken ker nels, particles and dust, and free from damage caused by chipped and scratched kernels, mold, gum, shriv eling, brown spot or other means. (See §§ 51.2113 and 51.2114.) In order to allow for variations inci dent to proper grading and handling, the following tolerances, by weight, shall be permitted: (a) For dissimilar varieties. 5 percent, including not more than one-fifth of this amount, or 1 percent, for bitter al monds mixed with sweet almonds; (b) For doubles. 15 percent; (c) For kernels damaged by chipping and/or scratching. 20 percent; (d) For foreign material. One-tenth of 1 percent (0.10 percent). No part of this percentage shall be allowed for glass and metal; (e) For particles and dust. One-tenth of 1 percent (0.10 percent); (f) For split and broken kernels. 5 per cent: Provided, that not more than two-fifths of this amount, or 2 percent, shall be allowed for pieces which will pass through a round opening 20⁄64 inch (7.9 mm) in diameter; and, (g) For other defects. 3 percent, includ ing not more than two-thirds of this amount, or 2 percent, for serious dam age. § 51.2109 U.S. Standard Sheller Run. ‘‘U.S. Standard Sheller Run’’ consists of shelled almonds of similar varietal characteristics which are whole, clean and well dried, and which are free from decay, rancidity, insect injury, foreign material, doubles, split or broken ker nels, particles and dust, and free from damage caused by chipped and scratched kernels, mold, gum, shriv eling, brown spot or other means. (See §§ 51.2113 and 51.2114.) In order to allow for variations inci dent to proper grading and handling, the following tolerances, by weight, shall be permitted: (a) For dissimilar varieties. 5 percent, including not more than one-fifth of this amount, or 1 percent, for bitter al monds mixed with sweet almonds; (b) For doubles. 25 percent; (c) For kernels damaged by chipping and/or scratching or split and broken. 35 percent; Provided, that not more than three-sevenths of this amount, or 15 percent, shall be allowed for split and broken: And Provided Further, that not more than one-third of this latter amount, or 5 percent, shall be allowed for pieces which will pass through a round opening 20⁄64 inch (7.9 mm) in di ameter; (d) For foreign material. Two-tenths of 1 percent (0.20 percent). No part of this percentage shall be allowed for glass and metal; (e) For particles and dust. One-tenth of 1 percent (0.10 percent); and, (f) For other defects. 3 percent, includ ing not more than two-thirds of this amount, or 2 percent, for serious dam age. § 51.2110 U.S. No. 1 Whole and Broken. ‘‘U.S. No. 1 Whole and Broken’’ con sists of shelled almonds of similar vari etal characteristics which are clean and well dried, and which are free from decay, rancidity, insect injury, foreign material, doubles, particles and dust, and free from damage caused by mold, VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00476 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 467 Agricultural Marketing Service, USDA § 51.2114 gum, shriveling, brown spot or other means. (a) In this grade not less than 30 per cent, by weight, of the kernels shall be whole. Doubles shall not be considered as whole kernels in determining the percentage of whole kernels. (b) Unless otherwise specified, the minimum diameter shall be not less than 20⁄64 of an inch (7.9 mm). (See §§ 51.2113 and 51.2114.) (c) In order to allow for variations in cident to proper grading and handling, the following tolerances, by weight, shall be permitted: (1) For dissimilar varieties. 5 percent, including not more than one-fifth of this amount, or 1 percent, for bitter al monds mixed with sweet almonds; (2) For doubles. 35 percent; (3) For foreign material. Two-tenths of 1 percent (0.20 percent). No part of this percentage shall be allowed for glass and metal; (4) For particles and dust. One-tenth of 1 percent (0.10 percent); (5) For undersize. 5 percent; and, (6) For other defects. 5 percent, includ ing not more than three-fifths of this amount, or 3 percent, for serious dam age. § 51.2111 U.S. No. 1 Pieces. ‘‘U.S. No. 1 Pieces’’ consists of shelled almonds which are not bitter, which are clean and well dried, and which are free from decay, rancidity, insect injury, foreign material, par ticles and dust, and free from damage caused by mold, gum, shriveling, brown spot or other means. (a) Unless otherwise specified, the minimum diameter shall be not less than 8⁄64 of an inch (3.2 mm). (See §§ 51.2113 and 51.2114.) (b) In order to allow for variations in cident to proper grading and handling, the following tolerances, by weight, shall be permitted: (1) For bitter almonds mixed with sweet almonds. 1 percent; (2) For foreign material. Two-tenths of 1 percent (0.20 percent). No part of this percentage shall be allowed for glass and metal; (3) For particles and dust. 1 percent; and (4) For other defects. 5 percent, includ ing not more than three-fifths of this amount, or 3 percent, for serious dam age. MIXED VARIETIES § 51.2112 Mixed varieties. Any lot of shelled almonds des ignated as ‘‘one type’’ or undesignated as to type, which consists of a mixture of two or more dissimilar varieties which meet the other requirements of any of the grades of U.S. No. 1, U.S. Se lect Sheller Run, U.S. Standard Sheller Run, U.S. No. 1 Whole and Broken may be designated as: ‘‘U.S. No. 1 Mixed;’’ ‘‘U.S. Select Sheller Run Mixed;’’ ‘‘U.S. Standard Sheller Run Mixed;’’ ‘‘U.S. No. 1 Whole and Broken Mixed;’’ re spectively; but no lot of any of these grades may include more than 1 per cent of bitter almonds mixed with sweet almonds. SIZE § 51.2113 Size requirements. The size may be specified in terms of range in count of whole almond kernels per ounce or in terms of minimum, or minimum and maximum diameter. When a range in count is specified, the whole kernels shall be fairly uniform in size, and the average count per ounce shall be within the range speci fied. Doubles and broken kernels shall not be used in determining counts. Count ranges per ounce commonly used are shown below, but other ranges may be specified: Provided, that the kernels are fairly uniform in size. 16 to 18, inclusive. 18 to 20, inclusive. 20 to 22, inclusive. 22 to 24, inclusive. 23 to 25, inclusive. 24 to 26, inclusive. 26 to 28, inclusive. 27 to 30, inclusive. 30 to 34, inclusive. 34 to 40, inclusive. 40 to 50, inclusive. 50 and smaller. § 51.2114 Tolerances for size. (a) When a range is specified as, for example, ‘‘18⁄20,’’ no tolerance for counts above or below the range shall be allowed. (b) When the minimum, or minimum and maximum diameter are specified, a VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00477 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 468 7 CFR Ch. I (1–1–17 Edition) § 51.2115 total tolerance of not more than 10 per cent, by weight, may fail to meet the specified size requirements: Provided, that not more than one-half of this amount, or 5 percent, may be below the minimum size specified. APPLICATION OF TOLERANCES § 51.2115 Application of tolerances. The tolerances for the grades are to be applied to the entire lot, and a com posite sample shall be taken for deter mining the grade. However, any con tainer or group of containers in which the almonds are found to be materially inferior to those in the majority of the containers shall be considered a sepa rate lot. DEFINITIONS § 51.2116 Similar varietal characteris tics. Similar varietal characteristics means that the kernels are similar in shape and appearance. For example, long types shall not be mixed with short types, or broad types mixed with nar row types, and bitter almonds shall not be mixed with sweet almonds. Color of the kernels shall not be considered, since there is often a marked difference in skin color of kernels of the same va riety. (a) When a lot is specified as ‘‘one type,’’ all kernels shall be the same in shape and appearance; and, (b) When a lot is specified and carton marked as ‘‘California,’’ kernels present may include any one or a com bination of blanchable varieties within the ‘‘California’’ Marketing Classifica tion. In addition, Nonpareil or similar types may be included provided that it does not exceed twenty-five percent (25%), by weight, of the lot. § 51.2117 Whole. Whole means that there is less than one-eighth of the kernel chipped off or missing, and that the general contour of the kernel is not materially affected by the missing part. § 51.2118 Clean. Clean means that the kernel is prac tically free from dirt and other foreign substance. § 51.2119 Well dried. Well dried means that the kernel is firm and brittle, and not pliable or leathery. § 51.2120 Decay. Decay means that part or all of the kernel has become decomposed. § 51.2121 Rancidity. Rancidity means that the kernel is noticeably rancid to the taste. § 51.2122 Insect injury. Insect injury means that the insect, web, or frass is present or there is defi nite evidence of insect feeding. § 51.2123 Foreign material. Foreign material means pieces of shell, hulls or other foreign matter which will not pass through a round opening 8⁄64 of an inch (3.2 mm) in diameter. § 51.2124 Doubles. Doubles means kernels that developed in shells containing two kernels. One side of a double kernel is flat or con cave. § 51.2125 Split or broken kernels. Split or broken kernels means seven eighths or less of complete whole ker nels but which will not pass through a round opening 8⁄64 of an inch (3.2 mm) in diameter. § 51.2126 Particles and dust. Particles and dust means fragments of almond kernels or other material which will pass through a round open ing 8⁄64 of an inch (3.2 mm) in diameter. § 51.2127 Injury. Injury means any defect which more than slightly detracts from the appear ance of the individual almond. The fol lowing shall be considered as injury: (a) Chipped and scratched kernels when the affected area on an individual kernel aggregates more than the equiv alent of a circle one-eighth inch (3.2 mm) in diameter. § 51.2128 Damage. Damage means any defect which ma terially detracts from the appearance of the individual kernel, or the edible VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00478 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 469 Agricultural Marketing Service, USDA § 51.2277 or shipping quality of the almonds. Any one of the following defects or combination thereof, the seriousness of which exceeds the maximum allowed for any one defect shall be considered as damage: (a) Chipped and scratched kernels, when the affected area on an individual kernel aggregates more than the equiv alent of a circle one-quarter inch (6.4 mm) in diameter; (b) Mold, when visible on the kernel, except when white or gray and easily rubbed off with the fingers; (c) Gum, when a film of shiny, res inous appearing substance affects an area aggregating more than the equiva lent of a circle one-quarter inch (6.4 mm) in diameter; (d) Shriveling, when the kernel is ex cessively thin for its size, or when ma terially withered, shrunken, leathery, tough or only partially developed: Pro vided, that partially developed kernels are not considered damaged if more than three-fourths of the pellicle is filled with meat; (e) Brown spot on the kernel, either single or multiple, when the affected area aggregates more than the equiva lent of a circle one-eighth inch (3.2 mm) in diameter; and, (f) Skin discoloration when more than one-half of the surface of the ker nel is affected by very dark or black stains contrasting with the natural color of the skin. § 51.2129 Serious damage. Serious damage means any defect which makes a kernel or piece of ker nel unsuitable for human consumption, and includes decay, rancidity, insect injury and damage by mold. § 51.2130 Diameter. Diameter means the greatest dimen sion of the kernel, or piece of kernel at right angles to the longitudinal axis. Diameter shall be determined by pass ing the kernel or piece of kernel through a round opening. § 51.2131 Fairly uniform in size. Fairly uniform in size means that, in a representative sample, the weight of 10 percent, by count, of the largest whole kernels shall not exceed 1.70 times the weight of 10 percent, by count, of the smallest whole kernels. Subpart—United States Standards for Shelled English Walnuts (Juglans Regia) SOURCE: 23 FR 10354, Dec. 25, 1958, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. GENERAL § 51.2275 Application. The standards contained in this sub part apply only to walnuts commonly known as English or Persian walnuts (Juglans regia). They do not apply to walnuts commonly known as black walnuts (Juglans nigra). § 51.2276 Color chart. The color chart (USDA Walnut Color Chart) to which reference is made in §§ 51.2281 and 51.2282 illustrates the four shades of walnut skin color listed as color classifications. (a) Availability of color chart. The USDA Walnut Color Chart cited in this subpart has been filed with the original document and is available for inspec tion in the Office of the Federal Reg ister. The color chart is also available for inspection in the Fruit and Vege table Division, AMS, U.S. Department of Agriculture, South Building, Wash ington, D.C. 20250, in any field office of the Fresh Fruit and Vegetable Inspec tion Service of the Fruit and Vegetable Division, or upon request of any au thorized inspector of such Service. Cop ies of the color chart may be purchased from Munsell Color Co., Inc., 2441 North Calvert Street, Baltimore, Md. 21218. [33 FR 10840, July 31, 1968. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981] GRADES § 51.2277 U.S. No. 1. ‘‘U.S. No. 1’’ consists of portions of walnut kernels which are well dried, clean, free from shell, foreign material, insect injury, decay, rancidity, and free from damage caused by shriveling, VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00479 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 470 7 CFR Ch. I (1–1–17 Edition) § 51.2278 mold, discoloration of the meat or other means. (See § 51.2280.) (a) Color shall be specified in connec tion with this grade in terms of one of the color classifications. (See §§ 51.2276, 51.2281 and 51.2282.) (b) Size shall be specified in connec tion with this grade in terms of one of the size classifications. (See §§ 51.2284 and 51.2285.) § 51.2278 U.S. Commercial. ‘‘U.S. Commercial’’ consists of por tions of walnut kernels which meet the requirements of U.S. No. 1 grade, ex cept for increased tolerances. (See § 51.2280.) (a) Color of walnuts in this grade shall be not darker than ‘‘amber’’ clas sification, and color need not be speci fied. However, color may be specified in connection with the grade in terms of one of the color classifications. (See §§ 51.2276, 51.2281 and 51.2282.) (b) Size shall be specified in connec tion with this grade in terms of one of the size classifications. (See §§ 51.2284 and 51.2285.) UNCLASSIFIED § 51.2279 Unclassified. ‘‘Unclassified’’ consists of portions of walnut kernels which have not been classified in accordance with either of the foregoing grades. The term ‘‘un classified’’ is not a grade within the meaning of these standards, but is pro vided as a designation to show that no grade has been applied to the lot. TOLERANCES FOR GRADE DEFECTS § 51.2280 Tolerances for grade defects. (a) All percentages shall be claculated on the basis of weight. (b) In order to allow for variations, other than for color and size, incident to proper grading and handling, toler ances shall be permitted for the respec tive grades as indicated in Table I: TABLE I [Percent] Grade Tolerances for grade defects Total defects Serious damage Very serious damage Shell and foreign mate rial U. S. No. 1 .......................................... 5 2 (included in 5 percent total defects). 1 (included in 2 percent serious damage). 0.05 (included in 1 per cent very serious damage). U.S. Commercial ................................ 8 4 (included in 8 percent total defects). 2 (included in 4 percent serious damage). 0.05 (included in 2 per cent very serious damage). COLOR REQUIREMENTS § 51.2281 Color classifications. The following classifications are pro vided to describe the color of any lot: ‘‘Extra Light’’, ‘‘Light’’, ‘‘Light Amber’’ or ‘‘Amber’’. The portions of kernels in the lot shall not be darker than the darkest color permitted in the specified classification as shown on the color chart. § 51.2282 Tolerances for color. (a) All percentages shall be cal culated on the basis of weight. (b) In order to allow for variations in cident to proper grading and handling, tolerances shall be permitted for the respective color classifications as indi cated in Table II: TABLE II Color classification Tolerances for color Darker than extra light 1 Darker than light 1 Darker than light amber 1 Darker than amber 1 Extra light ................................... 15 percent ................ 2 percent (included in 15 percent darker than extra light). VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00480 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 471 Agricultural Marketing Service, USDA § 51.2285 TABLE II—Continued Color classification Tolerances for color Darker than extra light 1 Darker than light 1 Darker than light amber 1 Darker than amber 1 Light ............................................ ................................... 15 percent ................ 2 percent (included in 15 percent darker than light). Light amber ................................ ................................... ................................... 15 percent ................ 2 percent (included in 15 percent darker than light amber). Amber ......................................... ................................... ................................... ................................... 10 percent. 1 See illustration of this term on color chart. § 51.2283 Off color. The term ‘‘off color’’ is not a color classification, but shall be applied to any lot which fails to meet the require ments of the ‘‘Amber’’ classification. SIZE REQUIREMENTS § 51.2284 Size classification. The following classifications are pro vided to describe the size of any lot: ‘‘Halves’’, ‘‘Pieces and Halves’’, ‘‘Pieces’’ or ‘‘Small Pieces’’. The size of portions of kernels in the lot shall con form to the requirements of the speci fied classification as defined below: (a) Halves. Lot consists of 85 percent or more, by weight, half kernels, and the remainder three-fourths half ker nels. (See § 51.2285.) (b) Pieces and halves. Lot consists of 20 percent or more, by weight, half ker nels, and the remainder portions of kernels that cannot pass through a sieve with 24⁄64 inch round openings. When a lot exceeds this minimum re quirement, the actual percentage of halves may be specified. (See § 51.2285.) (c) Pieces. Lot consists of portions of kernels that cannot pass through a sieve with 24⁄64 inch round openings. (See § 51.2285.) (d) Small pieces. Lot consists of por tions of kernels that pass through a sieve with 24⁄64 inch round openings, but that cannot pass through a sieve with 8⁄64 inch round openings. When desired, the actual size ranges within such size ranges may be specified. (See § 51.2285.) § 51.2285 Tolerances for size. (a) All percentages shall be cal culated on the basis of weight. (b) In order to allow for variations in cident to proper sizing and handling, tolerances shall be permitted for the respective size classifications as indi cated in Table III: TABLE III [Percent] Size classification Tolerances for size Smaller than three fourths halves Will not pass through 24⁄64 inch round hole Pass through 24⁄64 inch round hole Pass through 16⁄64 inch round hole Pass through 8⁄64 inch round hole Halves ................... 5 ............................ ............................... ............................... 1 (included in 5 percent). Pieces and halves 1 ............................... ............................... 18 .......................... 3 (included in 18 percent). 1 (included in 2 percent). Pieces .................... ............................... ............................... 25 .......................... 5 (included in 25 percent). 1 (included in 5 percent). Small pieces 2 ........ ............................... 10 .......................... ............................... ............................... 2. 1 No part of any tolerance shall be used to reduce the percentage of halves required or specified in a lot of ‘‘pieces and halves’’. 2 The tolerances of 10 percent and 2 percent for ‘‘small pieces’’ classification shall apply, respectively, to any smaller maximum or any larger minimum sizes specified. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00481 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 472 7 CFR Ch. I (1–1–17 Edition) § 51.2286 APPLICATION OF TOLERANCES § 51.2286 Application of tolerances. The tolerances provided in these standards are on a lot basis, and they shall be applied to a composite sample representative of the lot. However, any container or group of containers in which the walnuts are obviously of a quality materially different from that in the majority of containers shall be considered a separate lot, and shall be sampled separately. DEFINITIONS § 51.2287 Well dried. Well dried means that the portion of kernel is firm and crisp, not pliable or leathery. § 51.2288 Clean. Clean means that the appearance of the individual portion of kernel, or of the lot as a whole, is not materially af fected by adhering dust, dirt or other foreign material. § 51.2289 Shell. Shell means the outer shell and/or the woody partition from between the halves of the kernel, and any frag ments of either. § 51.2290 Insect injury. Insect injury means that the insect, web, frass or other evidence of insects is present on the portion of kernel. § 51.2291 Rancidity. Rancidity means that the portion of kernel is noticeably rancid to the taste. Rancidity should not be confused with a slightly astringent flavor of the pellicle (skin) or with staleness (the state at which the flavor is flat but not objectionable). § 51.2292 Damage. Damage means any defect, other than color, which materially affects the ap pearance, or the edible or shipping quality of the individual portion of kernel, or of the lot as a whole. Any one of the following defects or any combination of defects the seriousness of which exceeds the maximum allowed for any one defect shall be considered as damage: (a) Shriveling when more than one eighth of the portion of kernel is se verely shriveled, or a greater area is af fected by lesser degrees of shriveling producing an equally objectionable ap pearance, except that kernels which are thin in corss-section but which are otherwise normally developed shall not be considered as damaged; (b) Mold when plainly visible; (c) Discoloration of the meat when more than one-eighth the volume of the portion of kernel is severely discol ored, or a greater volume is affected by lesser degrees of discoloration pro ducing an equally objectionable ap pearance; (d) Not well dried; and, (e) Not clean. § 51.2293 Serious damage. Serious damage means any defect, other than color, which seriously af fects the appearance, or the edible or shipping quality of the individual por tion of kernel or of the lot as a whole. Any one of the following defects or any combination of defects the seriousness of which exceeds the maximum allowed for any one defect shall be considered as serious damage: (a) Shriveling when more than one fourth of the kernel is severely shriv eled, or a greater area is affected by lesser degrees of shriveling producing an equally objectionable appearance; (b) Mold when plainly visible on more than one-eighth of the surface of the kernel in the aggregate; and, (c) Discoloration of the meat when more than one-fourth the volume of the portion of kernel is severely discol ored, or a greater volume is affected by lesser degrees of discoloration pro ducing an equally objectionable ap pearance. § 51.2294 Very serious damage. Very serious damage means any defect, other than color, which very seriously affects the appearance, or the edible or shipping quality of the individual por tion of kernel or of the lot as a whole. Any one of the following defects or any combination of defects the seriousness of which exceeds the maximum allowed for any one defect shall be considered as very serious damage: VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00482 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 473 Agricultural Marketing Service, USDA § 51.2335 (a) Shriveling when more than 50 per cent of the portion of kernel is severely shriveled; (b) Mold when plainly visible on more than one-fourth of the surface of the portion of kernel in the aggregate; (c) Discoloration of the meat when more than one-half the volume of the portion of kernel is severely discolored; (d) Insect injury; (e) Rancidity or decay; and, (f) Shell, or any foreign material. § 51.2295 Half kernel. Half kernel means the separated half of a kernel with not more than one eighth broken off. § 51.2296 Three-fourths half kernel. Three-fourths half kernel means a por tion of a half of a kernel which has more than one-eighth but not more than one-fourth broken off. Subpart—United States Standards for Grades of Kiwifruit SOURCE: 47 FR 34513, Aug. 10, 1982, unless otherwise noted. § 51.2335 Grades. (a) ‘‘U.S. Fancy’’ consists of kiwifruit which meet the following require ments: (1) Basic Requirements: (i) Similar varietal characteristics; (ii) Mature; (iii) Not soft, overripe, or shriveled; (iv) Carefully packed; (v) Clean; and, (vi) Well formed. (2) Free From: (i) Worm holes; (ii) Broken skins which are not healed; (iii) Sunscald; (iv) Freezing injury; (v) Internal breakdown; and, (vi) Decay. (3) Free From Injury By: (i) Bruises; (ii) Leaf or limbrubs; (iii) Discoloration; (iv) Hail; (v) Growth cracks; (vi) Scab; (vii) Scars; (viii) Heat, sprayburn, or sunburn; (ix) Scale; (x) Insects; (xi) Other diseases; and, (xii) Mechanical or other means. (4) Tolerances. (See § 51.2336) (b) ‘‘U.S. No. 1’’ consists of kiwifruit which meet the following require ments: (1) Basic Requirements: (i) Similar varietal characteristics; (ii) Mature; (iii) Not soft, overripe, or shriveled; (iv) Carefully packed; (v) Clean; and, (vi) Fairly well formed. (2) Free From: (i) Worm holes; (ii) Broken skins which are not healed; (iii) Sunscald; (iv) Freezing injury; (v) Internal breakdown; and, (vi) Decay. (3) Free From Damage By: (i) Bruises; (ii) Leaf or limbrubs; (iii) Discoloration; (iv) Hail; (v) Growth cracks; (vi) Scab; (vii) Scars; (viii) Heat, sprayburn, or sunburn; (ix) Scale; (x) Insects; (xi) Other diseases; and, (xii) Mechanical or other means. (4) Tolerances. (See § 51.2336): (c) ‘‘U.S. No. 2’’ consists of kiwifruit which meet the following require ments: (1) Basic Requirements: (i) Similar varietal characteristics; (ii) Mature; (iii) Not soft, overripe, or shriveled; (iv) Carefully packed; (v) Fairly clean; and, (vi) Not badly misshapen. (2) Free From: (i) Worm holes; (ii) Broken skins which are not healed; (iii) Sunscald; (iv) Freezing injury; (v) Internal breakdown; and, (vi) Decay. (3) Free From Serious Damage By: (i) Bruises; (ii) Leaf or limbrubs; (iii) Discoloration; (iv) Hail; VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00483 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 474 7 CFR Ch. I (1–1–17 Edition) § 51.2336 2 Shipping point, as used in these stand ards, means the point of origin of the ship ment in the producing area or at port of loading for ship stores or overseas shipment, or, in the case of shipments from outside the continental United States, the port of entry into the United States. (v) Growth cracks; (vi) Scab; (vii) Scars; (viii) Heat, sprayburn, or sunburn; (ix) Scale; (x) Insects; (xi) Other diseases; and, (xii) Mechanical or other means. (4) Tolerances. (See § 51.2336) [47 FR 34513, Aug. 10, 1982, as amended at 51 FR 36682, Oct. 15, 1986] § 51.2336 Tolerances. In order to allow for variations inci dent to proper grading and handling, the following tolerances by count, shall be permitted in any lot: (a) U.S. Fancy and U.S. No. 1. (1) For defects at shipping point. 2 8 percent for fruit which fail to meet the requirements of the specified grade: Provided, That included in this amount not more than 4 percent shall be al lowed for defects causing serious dam age, including in this latter amount not more than 1 percent for fruit af fected by internal breakdown or decay. (2) For defects en route or at destina tion. 12 percent for fruit which fail to meet the requirements of the specified grade: Provided, That included in this amount not more than the following percentages shall be allowed for de fects: (i) 8 percent for permanent defects; (ii) 6 percent for defects causing seri ous damage, including therein not more than 4 percent for serious damage by permanent defects and not more than 2 percent for fruit affected by in ternal breakdown or decay. (b) U.S. No. 2. (1) For defects at shipping point. 2 8 percent for fruit which fail to meet the requirements of this grade: Provided, That included in this amoung not more than 4 percent shall be allowed for sunscald, insects, internal breakdown or decay, including in this latter amount not more than 1 percent for fruit affected by internal breakdown or decay. (2) For defects en route or at destina tion. 12 percent for fruit which fail to meet the requirements of this grade: Provided, That included in this amount not more than the following percent ages shall be allowed for defects: (i) 8 percent for permanent defects including therein not more than 4 per cent for sunscald, or insects; and, (ii) 2 percent for internal breakdown or decay. § 51.2337 Application of tolerances. The contents of individual containers in a lot, based on sample inspection, are subject to the following limita tions: (a) Individual samples shall not have more than double a specified tolerance except that at least two defective specimens may be permitted in any container: Provided, That not more than one fruit which is frozen or af fected by decay be permitted in any container 3 pounds or less; and, Pro vided further, That the averages for the entire lot are within the tolerances specified for the grade. [47 FR 34513, Aug. 10, 1982, as amended at 50 FR 40186, Oct. 2, 1985; 51 FR 4293, Feb. 4, 1986] § 51.2338 Standard pack. (a) Fruit shall be fairly uniform in size and shall be packed in boxes, flats, lugs, or cartons and arranged according to approved and recognized methods. Containers shall be well filled; con tents tightly packed but not be exces sively or unnecessarily bruised by over filling or oversizing. Fruit in the shown face of the container shall be reason ably representative in size and quality of the contents. (b) When packed in closed containers the size shall be indicated by marking the container with the numerical count. (c) Boxes, flats, lugs, or cartons: (1) Fruit packed in containers with cell compartments, cardboard fillers or molded trays shall be of proper size for the cells, fillers, or molds in which they are packed, and conform to the marked count. (2) In order to allow for variations in cident to proper packing in other types VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00484 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 475 Agricultural Marketing Service, USDA § 51.2339 of containers, for example, lugs, car tons, or boxes, the number of fruit shall not vary more than two from the marked count. (d) ‘‘Fairly uniform in size’’ means that fruit in containers marked nu merically to denote size may not vary in diameter more than 1⁄2 inch (12.7mm) in sizes 30 or larger; 3⁄8 inch (9.5mm) is sizes 31 through 38; and 1⁄4 inch (6.4mm) in sizes 39 or smaller. Not more than 5 percent, by count, of the fruit in any container may exceed the diameter range specified. (e) ‘‘Diameter’’ means the greatest dimension measured at right angles to a line from stem to blossom end. (f) In order to allow for variations in cident to proper sizing and packing, not more than 10 percent, by count, of containers in any lot may fail to meet these requirements. [47 FR 34513 Aug. 10, 1982, as amended at 50 FR 40186, Oct. 2, 1985; 51 FR 4293, Feb. 4, 1986] § 51.2339 Definitions. Similar varietal characteristics means the fruit in any lot and container are similar in shape, color of skin and flesh. Mature means the fruit has reached the stage of development which will ensure the proper completion of the ripening process. The minimum aver age soluble solids, unless otherwise specified, shall be not less than 6.5 per cent. Clean means the fruit is practically free from dirt, dust, or other foreign material. Fairly clean means the fruit is reason ably free from dirt, dust, or other for eign material. Well formed means the fruit has the shape characteristic of the variety and slight bumps or other roughness are permitted providing they do not de tract from the appearance. Fairly well formed means the fruit has the shape characteristic of the variety but slight bumps or other roughness are permitted providing they do not materially detract from appearance. Badly misshapen means the fruit is so decidely deformed that its appearance is seriously affected. Carefully packed means the fruit shows no evidence of rough handling. Injury means any defect described in § 51.2340, or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which more than slightly de tracts from the appearance, or the edi ble or marketing quality. Damage means any defect described in § 51.2340 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. Serious damage means any defect de scribed in § 51.2340 or an equally objec tionable variation of any one of these defects, any other defect, or any com bination of defects, which seriously de tracts from the appearance, or the edi ble or marketing quality. Permanent defects means those which are not subject to change during ship ment or storage, for example, shape, scars, or growth cracks. Condition defects means those defects which are subject to change during shipment or storage, for example, decay, soft, shriveling, discoloration, or bruises. [47 FR 34513, Aug. 10, 1982, as amended at 50 FR 40186, Oct. 2, 1985; 51 FR 36682, Oct. 15, 1986; 51 FR 4293, Feb. 4, 1986] VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00485 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 476 7 CFR Ch. I (1–1–17 Edition) § 51.2340 § 51.2340 Classification of defects. Defects Injury Damage Serious damage Bruises ............. When any slight indentation of the fruit or discoloration of the flesh extends more than 1⁄16 inch (1.6 mm) in depth. When surface of fruit is indented and discoloration of the flesh ex tends deeper than 1⁄8 inch (3.2 mm), or causing slight discolora tion exceeding the area of a cir cle 3⁄8 inch (9.5 mm) in diameter, or lesser bruises aggregating an area of a circle 3⁄8 inch (9.5 mm) in diameter which materially de tract from the appearance, edi ble or shipping quality. When surface of the fruit is in dented and discoloration of the flesh extends deeper than 1⁄4 inch (6.4 mm), or causing discol oration exceeding the area of a circle 1⁄2 inch (12.7 mm) in di ameter, or lesser bruises which seriously detract from the ap pearance, edible or shipping quality. Leaf or Limbrubs. When not smooth, or not light col ored, or aggregating more than the area of a circle 3⁄8 inch (9.5 mm) in diameter. When not smooth, or not light col ored, or aggregating more than the area of a circle 1⁄2 inch (12.7 mm) in diameter. When smooth and light colored and aggregating more than the area of a circle 1-1⁄2 inches (38.1 mm) in diameter, or dark or slightly rough and barklike scars aggregating more than the area of a circle 3⁄4 inch (19.1 mm) in diameter. Discoloration .... When color and pattern causes a distinct noticeable appearance (except for water staining) affect ing more than 5% of surface. When color and pattern causes an unattractive appearance (except for water staining) affecting more than 10% of surface. When color and pattern causes a distinct unattractive appearance (except for water staining) affect ing more than 25% of surface. Hail Injury ........ When unhealed or deep, or aggre gating more than the area of a circle 1⁄16 inch (1.6 mm) in di ameter. When unhealed or deep, or aggre gating more than the area of a circle 1⁄4 inch (6.4 mm) in diame ter. When unhealed or deep, or aggre gating more than the area of a circle 1⁄2 inch (12.7 mm) in di ameter. Growth Cracks When not healed, or more than one in number, or more than 1⁄8 inch (3.2 mm) in length or depth. When not healed, or more than one in number, or more than 1⁄8 inch (3.2 mm) in depth, or more than 3⁄8 inch (9.5 mm) in length if within the stem cavity, or more than 1⁄4 inch (6.4 mm) in length if outside the stem cavity. When not healed and more than 1⁄8 inch (3.2 mm) in length or depth, or healed and more than 3⁄16 inch (4.8 mm) in depth, or healed and aggregating more than 5⁄8 inch (15.9 mm) in length if within the stem cavity, or healed and aggregating more than 1⁄2 inch (12.7 mm) in length if outside the stem cavity. Scab ................ When cracked, or the aggregate area exceeds that of a circle 1⁄8 inch (3.2 mm) in diameter. When cracked, or the aggregate area exceeds that of a cricle 1⁄4 inch (6.4 mm) in diameter. When the aggregate area exceeds that of a circle 1⁄2 inch (12.7 mm) in diameter. Scars ............... When not smooth, or surface of the fruit is depressed more than 1⁄32 inch (.8 mm), or not light in color, or when exceeding any of the following aggregate areas, or a combination of two or more types of scars, the seriousness of which exceeds the maximum allowed for any one type: (1) Dark or rough scars when the area exceeds that of a circle 1⁄8 inch (3.2 mm) in diameter; (2) Fairly light colored, fairly smooth scars when the area exceeds that of a circle 1⁄4 inch (6.4 mm) in diameter; (3) Light colored, smooth scars when the area ex ceeds that of a circle 1⁄2 inch (12.7 mm) in diameter. When not smooth, or surface of the fruit is depressed more than 1⁄16 inch (1.6 mm), or when ex ceeding any of the following ag gregate areas, or a combination of two or more types of scars, the seriousness of which ex ceeds the maximum allowed for any one type: (1) Dark or rough scars when the area exceeds that of a circle 1⁄4 inch (6.4 mm) in diameter; (2) Fairly light col ored, fairly smooth scars when the area exceeds that of a circle 1⁄2 inch (12.7 mm) in diameter; (3) Light colored, smooth scars when the area exceeds that of a circle 3⁄4 inch (19.1 mm) in di ameter. When the surface of the fruit is de pressed more than 3⁄16 inch (4.8 mm), or when exceeding any of the following aggregate areas, or a combination of two or more types of scars, the seriousness of which exceeds the maximum allowed for any one type: (1) Dark or rough scars when the area exceeds that of a circle 3⁄4 inch (19.1 mm) in diameter; (2) Not dark or rough when the area exceeds one-fourth of the fruit surface. Heat, Sprayburn and Sunburn. When the normal color of the skin or flesh is more than slightly changed, or any indentation is present. When the skin is blistered, cracked or decidedly flattened, or the normal color of the skin or flesh has materially changed, or more than one indentation, or indenta tion exceeds 3⁄16 inch (4.8 mm) in diameter. When the skin is blistered, cracked or decidedly flattened, or caus ing any dark discoloration of the flesh, or more than two indenta tions are present, or the aggre gate area of indentations ex ceeds that of a circle 3⁄8 inch (9.5 mm) in diameter, or when causing a noticeable brownish or darker discoloration over more than one-fourth of surface. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00486 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 477 Agricultural Marketing Service, USDA § 51.2542 Defects Injury Damage Serious damage Scale or Scale Marks. When more than one large scale or scale mark or more than three scales or scale marks of any size are present. When the aggregate area exceds that of a circle 1⁄4 inch (6.4 mm) in diameter. When the aggregate area exceeds that of a circle 3⁄8 inch (9.5 mm) in diameter. Insects ............. When feeding injury is evident on fruit or any insect is present in fruit. When feeding injury materially de tracts from appearance or any insect is present in fruit. When feeding injury seriously de tracts from appearance or any insect is present in fruit. Classification of defects guidelines are based on fruit 2 inches or smaller in diameter. Accordingly, larger fruit are permitted to have defects relative to their size. § 51.2341 Sample size for grade deter mination. For fruit place-packed in tray pack containers, the sample shall consist of the contents of the individual con tainer. For fruit jumble-packed in vol ume filled containers, the sample shall consist of at least 50 fruit. When indi vidual containers contain at least 50 fruit, each individual sample is drawn from one container. When individual containers contain less than 50 fruit, a sufficient number of adjoining con tainers are opened to form a 50 fruit sample. [50 FR 40186, Oct. 2, 1985; 50 FR 40961, Oct. 8, 1985; 51 FR 4293, Feb. 4, 1986] Subpart—United States Standards for Grades of Pistachio Nuts in the Shell SOURCE: 51 FR 27814, Aug. 4, 1986, unless otherwise noted. § 51.2540 General. (a) Compliance with the provisions of these standards shall not excuse failure to comply with provisions of applicable Federal or State laws. (b) These standards are applicable to pistachio nuts in the shell which may be in a natural, dyed, raw, roasted, or salted state; or in any combination thereof. However, nuts of obviously dis similar forms shall not be commingled. § 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’’ con sists of pistachio nuts in the shell which meet the following require ments: (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 § 51.2544. [68 FR 50682, Aug. 22, 2003] § 51.2542 U.S. Artificially Opened. ‘‘U.S. Artificially Opened’’ consists of artificially opened pistachio nuts in the shell which meet the following re quirements: (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: VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00487 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 478 7 CFR Ch. I (1–1–17 Edition) § 51.2543 (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 § 51.2544. [68 FR 50683, Aug. 22, 2003] § 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 § 51.2544. [68 FR 50683, Aug. 22, 2003] § 51.2544 Tolerances. (a) In order to allow for variations in cident to proper grading and handling, the tolerances in Tables I, II, and III of this section are provided. TABLE I—TOLERANCES [Percent] Factor U.S. fancy U.S. extra No. 1 U.S. No. 1 U.S. select U.S. artificially opened U.S. non split External (shell) Defects (toler ances by weight): (a) Non-split and not split on su ture ............................................ 2 3 6 10 10 N/A (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 inch in diameter) ........................ 5 5 5 5 4 5 TABLE II—TOLERANCES Factor internal (kernel) defects (tolerances by weight) U.S. fancy (percent) U.S. extra No. 1 (percent) U.S. No. 1 (percent) U.S. select (percent) U.S. artificially opened (percent) U.S. non split (percent) (a) Damage ................................... 3 6 6 6 6 6 (b) Serious Damage (Minor Insect or Vertebrate Injury, Mold, Ran cid, Decay) ................................. 3 4 4 4 4 4 VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00488 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 479 Agricultural Marketing Service, USDA § 51.2547 TABLE II—TOLERANCES—Continued Factor internal (kernel) defects (tolerances by weight) U.S. fancy (percent) U.S. extra No. 1 (percent) U.S. No. 1 (percent) U.S. select (percent) U.S. artificially opened (percent) U.S. non split (percent) (1) Insect Damage, included in (b) 1 2 2 2 2 2 (c) Total Internal Defects .............. 4 8 9 9 9 9 TABLE III—TOLERANCES [Percent] Factor U.S. fancy U.S. extra No. 1 U.S. No. 1 U.S. select U.S. artificially opened U.S. non-split Other Defects (tolerances by 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, metal or live in sects shall be permitted) .25 .25 .25 .25 .25 .25 (c) Particles and dust ........ .25 .25 .25 .25 .25 .25 (d) Loose kernels .............. 4 5 6 6 6 6 (b) [Reserved] [68 FR 50683, Aug. 22, 2003, as amended at 69 FR 76835, Dec. 23, 2004] § 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 con tainers throughout the lot. Any con tainer or group of containers which have nuts obviously different in qual ity or size from those in the majority of the containers shall be considered a separate lot and shall be sampled sepa rately. [68 FR 50684, Aug. 22, 2003] § 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. TABLE IV—NUT SIZE Size designations Average number of nuts per ounce 1 Colossal ........................... Less than 18. TABLE IV—NUT SIZE—Continued Size designations Average number of nuts per ounce 1 Extra Large ...................... 18 to 20. Large ................................ 21 to 25. Medium ............................ 26 to 30. Small ................................ More than 30. 1 Before Roasting. [68 FR 50684, Aug. 22, 2003] § 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 mois ture content of the lot does not exceed 7.00 percent or is specified. (See § 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 in clude, but are not limited to, non-split shells, shells not split on suture, adher ing hull material, light stained, or dark stained. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00489 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 480 7 CFR Ch. I (1–1–17 Edition) § 51.2547 (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 § 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 dis coloration 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 discol oration 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 dis regarded. (e) Internal (kernel) defects means any blemish affecting the kernel. Such de fects include, but are not limited to evidence of insects, immature kernels, rancid kernels, mold, or decay. (1) Damage by internal (kernel) de fects means any specific defect de scribed in paragraphs (e)(1)(i) through (ii) of this section; or an equally objec tionable variation of any one of these defects, any other defect, or any com bination of defects, which materially detracts from the appearance or the ed ible or marketing quality of the indi vidual kernel or of the lot. (For toler ances see § 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 (ker nel) defects means any specific defect described in paragraphs (e)(2)(i) through (v) of this section; or an equal ly objectionable variation of any one of these defects, any other defect, or any combination of defects, which seriously detracts from the appearance or the ed ible or the marketing quality of the in dividual kernel or of the lot. (For toler ances see § 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 per mitted. (iii) Mold which is readily visible on the shell or kernel. (iv) Rancidity means the kernel is dis tinctly rancid to taste. Staleness of fla vor shall not be classed as rancidity. (v) Decay means one-sixteenth or more of the kernel surface is decom posed. (f) Other defects means defects which cannot be considered internal defects or external defects. Such defects in clude, but are not limited to shell pieces, blanks, foreign material or par ticles and dust. The following shall be considered other defects. (For toler ances see § 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. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00490 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 481 Agricultural Marketing Service, USDA § 51.2557 (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. [68 FR 50684, Aug. 22, 2003] § 51.2548 Average moisture content de termination. (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 connec tion with grade analysis or as a sepa rate determination. (b) Nuts shall be obtained from a ran domly drawn composite sample. Offi cial certification shall be based on the air-oven method or other officially ap proved methods or devices. Results ob tained by methods or devices not offi cially approved may be reported and shall include a description of the meth od or device and the owner of any equipment used. [68 FR 50685, Aug. 22, 2003] § 51.2549 Metric conversion table. Use the following table for metric conversion: Inches Millimeters 5⁄64 ............................................................... 1 .98 18⁄100 ............................................................ .46 1⁄4 ................................................................. 6 .35 30⁄64 .............................................................. 11 .88 Ounces Grams 1 ................................................................... 28 .35 2 ................................................................... 56 .70 [68 FR 50685, Aug. 22, 2003] Subpart—United States Standards for Grades of Shelled Pis tachio Nuts SOURCE: 55 FR 28747, July 13, 1990, unless otherwise noted. § 51.2555 General. (a) Compliance with the provisions of these standards shall not excuse failure to comply with provisions of applicable Federal or State laws. (b) These standards are applicable to raw, roasted, salted or salted/roasted pistachio kernels. [55 FR 28747, July 13, 1990, as amended at 68 FR 50685, Aug. 22, 2003] § 51.2556 Grades. (a) ‘‘U.S. Fancy,’’ ‘‘U.S. Extra No. 1,’’ and ‘‘U.S. No. 1’’ consist of pistachio kernels which meet the following re quirements: (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, ker nels shall meet the size classification of Jumbo Whole Kernels (See § 51.2559). (b) [Reserved] [68 FR 50685, Aug. 22, 2003] § 51.2557 Tolerances. (a) In order to allow for variations in cident to proper grading and handling, the tolerances, by weight, in Table I are provided. TABLE 1—TOLERANCES Factor (tolerances by weight) U.S. fancy (percent) U.S. extra No. 1 (percent) U.S. No. 1 (percent) (a) Dam age ....... 2 .0 2 .5 3 .0 (b) Serious Damage (Minor Insect or Vertebr ate In jury, Mold, Rancid, Decay) .. 1 .5 2 .0 2 .5 (1) Insect Damage, included in (b) ..... .3 .4 .5 VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00491 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 482 7 CFR Ch. I (1–1–17 Edition) § 51.2558 TABLE 1—TOLERANCES—Continued Factor (tolerances by weight) U.S. fancy (percent) U.S. extra No. 1 (percent) U.S. No. 1 (percent) (c) Foreign Material .03 .05 .1 [55 FR 28747, July 13, 1990; 55 FR 29938, July 23, 1990, as amended at 68 FR 50685, Aug. 22, 2003; 69 FR 76835, Dec. 23, 2004] § 51.2558 Application of tolerances. The tolerances for the grades apply to the entire lot and shall be based on a composite sample representative of the lot. Any container or group of con tainers which have kernels obviously different in quality or size from those in the majority of containers shall be considered a separate lot and shall be sampled separately. § 51.2559 Size classifications. (a) The size of pistachio kernels may be specified in connection with the grade in accordance with one of the fol lowing size classifications. (1) Jumbo Whole Kernels: 80 percent or more by weight shall be whole ker nels 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 ker nels 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] [68 FR 50685, Aug. 22, 2003] § 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 mois ture content of the lot does not exceed 7 percent or is specified (See § 51.2561). (c) Foreign material means leaves, sticks, in-shell nuts, shells or pieces of shells, dirt, or rocks, or any other sub stance 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 objec tionable variation of any one of these defects, any other defect, or any com bination of defects, which materially detracts from the appearance or the ed ible or marketing quality of the indi vidual kernel or of the lot. (For toler ances, see § 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 ad versely affected the flavor of the ker nel. (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 paragraph (g) (1) through (5) of this section, or an equal ly objectionable variation of any one of these defects, any other defect, or any combination of defects, which seriously detracts from the appearance or the ed ible or marketing quality of the indi vidual kernel or of the lot. (For toler ances see § 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 per mitted. (4) Rancidity means the kernel is dis tinctly rancid to taste. Staleness of fla vor shall not be classed as rancidity. (5) Decay means one-sixteenth or more of the kernel is decomposed. [68 FR 50685, Aug. 22, 2003] VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00492 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 483 Agricultural Marketing Service, USDA § 51.2648 1 Packing of the product in conformity with the requirements of these standards shall not excuse failure to comply with the provisions of the Federal Food, Drug and Cosmetic Act or with applicable State laws and regulations. 2 Shipping point, as used in these stand ards, means the point of origin of the ship ment in the producing area or at port of loading for ship stores or overseas shipment, or, in the case of shipments from outside the continental United States, the port of entry into the United States. § 51.2561 Average moisture content. (a) Determining average moisture content of the lot is not a requirement of the grades, except when kernels are specified as ‘‘very well dried.’’ It may be carried out upon request in connec tion with grade analysis or as a sepa rate determination. (b) Kernels shall be obtained from a randomly drawn composite sample. Of ficial certification shall be based on the air-oven method or other officially approved methods or devices. Results obtained by methods or devices not of ficially approved may be reported and shall include a description of the meth od or device and owner of any equip ment used. § 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 [68 FR 50686, Aug. 22, 2003] Subpart—United States Standards for Grades for Sweet Cherries 1 SOURCE: 36 FR 8502, May 7, 1971, unless oth erwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. GRADES § 51.2646 U.S. No. 1. ‘‘U.S. No. 1’’ consists of sweet cher ries which meet the following require ments: (a) Similar varietal characteristics; (b) Mature; (c) Fairly well colored; (d) Well formed; and (e) Clean. (f) Free from: (1) Decay; (2) Insect larvae or holes caused by them; (3) Soft, overripe or shriveled; (4) Undeveloped doubles; and, (5) Sunscald. (g) Free from damage by any other cause. (See § 51.2655.) (h) Size. Unless otherwise specified, the minimum diameter of each cherry shall be not less than three-fourths inch. The maximum diameter of the cherries in any lot may be specified in accordance with the facts. (i) For tolerances see § 51.2648. § 51.2647 U.S. Commercial. ‘‘U.S. Commercial’’ consists of sweet cherries which meet the requirements for the U.S. No. 1 grade except for min imum diameter and except for in creased tolerances. (a) Size. Unless otherwise specified, the diameter of each cherry shall be not less than five-eighths inch. The maximum diameter of the cherries in any lot may be specified in accordance with the facts. (b) For tolerances see § 51.2648. TOLERANCES § 51.2648 Tolerances. In order to allow for variations inci dent to proper grading and handling in each of the foregoing grades, the fol lowing tolerances, by count, are pro vided as specified: (a) For defects at shipping point2—(1) U.S. No. 1. 8 percent for cherries which fail to meet the requirements for this grade: Provided, That included in this amount not more than 4 percent shall be allowed for defects causing serious damage, including in this latter amount not more than one-half of 1 percent for cherries which are affected by decay. (2) U.S. Commercial. 16 percent for cherries which fail to meet the require ments for this grade: Provided, That in cluded in this amount not more than 4 VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00493 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 484 7 CFR Ch. I (1–1–17 Edition) § 51.2649 percent shall be allowed for defects causing serious damage, including in this latter amount not more than one half of 1 percent for cherries affected by decay. (b) For defects en route or at destina tion—(1) U.S. No. 1. 12 percent for cher ries in any lot which fail to meet the requirements for this grade: Provided, That included in this amount not more than the following percentages shall be allowed for defects listed: (i) 8 percent for cherries which fail to meet the requirements for this grade because of permanent defects; or, (ii) 6 percent for cherries which are seriously damaged, including therein not more than 4 percent for cherries which are seriously damaged by perma nent defects and not more than 2 per cent for cherries which are affected by decay. (2) U.S. Commercial. 24 percent for cherries in any lot which fail to meet the requirements for this grade: Pro vided, That included in this amount not more than the following percentages shall be allowed for defects listed: (i) 16 percent for cherries which fail to meet the requirements for this grade because of permanent defects; or, (ii) 6 percent for cherries which are seriously damaged, including therein not more than 4 percent for cherries which are seriously damaged by perma nent defects and not more than 2 per cent for cherries which are affected by decay. (c) For off-size. 5 percent for cherries which fail to meet the specified min imum diameter and 10 percent for cher ries that fail to meet any specified maximum diameter. APPLICATION OF TOLERANCES § 51.2649 Application of tolerances. Individual samples shall have not more than double the tolerances speci fied, except that at least two defective and two off-size specimens may be per mitted in any sample: Provided, That the averages for the entire lot are within the tolerances specified for the grade. DEFINITIONS § 51.2650 Similar varietal characteris tics. Similar varietal characteristics means that the cherries in any container are similar in color and shape. § 51.2651 Mature. Mature means that the cherries have reached the stage of growth which will insure the proper completion of the rip ening process. § 51.2652 Fairly well colored. Fairly well colored means that at least 95 percent of the surface of the cherry shows characteristic color for mature cherries of the variety. § 51.2653 Well formed. Well formed means that the cherry has the normal shape characteristic of the variety, except that mature well developed doubles shall be considered well formed when each of the halves is approximately evenly formed. § 51.2654 Clean. Clean means that the cherries are practically free from dirt, dust, spray residue, or other foreign material. § 51.2655 Damage. Damage means any specific defect de scribed in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materi ally detracts from the appearance, or the edible or marketing quality of the fruit. The following specific defects shall be considered as damage: (a) Cracks within the stem cavity when deep or not well healed, or when the appearance is affected to a greater extent than that of a cherry which has a superficial well healed crack one-six teenth inch in width extending one-half the greatest circumference of the stem cavity; (b) Cracks outside of the stem cavity when deep or not well healed, or when the crack has weakened the cherry to the extent that it is likely to split or break in the process of proper grading, packing, and handling, or when materi ally affecting the appearance; VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00494 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 485 Agricultural Marketing Service, USDA § 51.2710 (c) Hail injury when deep or not well healed, or when the aggregate area ex ceeds the area of a circle three-six teenths inch in diameter; (d) Insects when scale or more than one scale mark is present, or when the appearance is materially affected by any insect; (e) Limbrubs when affecting the ap pearance of the cherry to a greater ex tent than the amount of scarring per mitted; (f) Pulled stems when the skin or flesh is torn, or when the cherry is leaking; (g) Russeting when affecting the ap pearance of the cherry to a greater ex tent than the amount of scarring per mitted; (h) Scars when excessively deep or rough or dark colored and the aggre gate area exceeds the area of a circle three-sixteenths inch in diameter, or when smooth or fairly smooth, light colored and superficial and the aggre gate area exceeds the area of a circle one-fourth inch in diameter; (i) Skin breaks when not well healed or when the appearance of the cherry is materially affected; and, (j) Sutures when excessively deep or when affecting the shape of the cherry to the extent that it is not well formed. § 51.2656 Diameter. Diameter means the greatest dimen sion measured at right angles to a line from the stem to the blossom end of the cherry. § 51.2657 Serious damage. Serious damage means any specific de fect described in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects which se riously detracts from the appearance or the edible or marketing quality of the fruit. The following specific defects shall be considered as serious damage: (a) Decay; (b) Insect larvae or holes caused by them; (c) Skin breaks which are not well healed; (d) Cracks which are not well healed; and, (e) Pulled stems with skin or flesh of cherry torn or which causes the cherry to leak. [36 FR 8502, May 5, 1971; 36 FR 9061, May 19, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981] § 51.2658 Permanent defects. Permanent defects means defects which are not subject to change during shipping or storage; including, but not limited to factors of shape, scarring, skin breaks, injury caused by hail or insects, and mechanical injury which is so located as to indicate that it oc curred prior to shipment. § 51.2659 Condition defects. Condition defects means defects which may develop or change during ship ment or storage; including, but not limited to decayed or soft cherries and such factors as pitting, shriveling, sunken areas, brown discoloration and bruising which is so located as to indi cate that it occurred after packing. METRIC CONVERSION TABLE § 51.2660 Metric conversion table. Inches Millimeters (mm) 8⁄64 equals .......................................................... 3.2 16⁄64 equals ........................................................ 6.4 24⁄64 equals ........................................................ 9.5 32⁄64 equals ........................................................ 12.7 40⁄64 equals ........................................................ 15.9 48⁄64 equals ........................................................ 19.1 51⁄64 equals ........................................................ 20.2 52⁄64 equals ........................................................ 20.6 54⁄64 equals ........................................................ 21.4 56⁄64 equals ........................................................ 22.2 1 equals ............................................................. 25.4 18⁄64 equals ........................................................ 28.6 116⁄64 equals ...................................................... 31.8 124⁄64 equals ...................................................... 34.9 Subpart—United States Standards for Shelled Runner Type Peanuts SOURCE: 21 FR 4850, June 30, 1956, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. GRADES § 51.2710 U.S. No. 1 Runner. ‘‘U.S. No. 1 Runner’’ consists of shelled Runner type peanut kernels of VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00495 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 486 7 CFR Ch. I (1–1–17 Edition) § 51.2711 similar varietal characteristics which are whole and free from foreign mate rial, damage and minor defects, and which will not pass through a screen having 16⁄64 × 3⁄4 inch openings. (a) In order to allow for variations in cident to proper grading and handling, the following tolerances, by weight, shall be permitted: (1) 1 percent for other varieties of peanuts; (2) 3 percent for sound peanuts which are split or broken; (3) 1.5 percent for damaged or unshelled peanuts; (4) 0.5 percent for minor defects: Pro vided, That in addition, any unused part of the tolerance for damaged or unshelled peanuts shall be allowed for minor defects; (5) 0.1 percent for foreign material; and, (6) 3 percent for sound whole peanuts which will pass through the prescribed screen. [21 FR 4850, June 30, 1956, as amended at 21 FR 5669, July 28, 1956. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981] § 51.2711 U.S. Runner Splits. ‘‘U.S. Runner Splits’’ consists of shelled Runner type peanut kernels of similar varietal characteristics which are split or broken, but which are free from foreign material, damage and minor defects, and which will not pass through a screen having 17⁄64 inch round openings. (a) In order to allow for variations in cident to proper grading and handling, the following tolerances, by weight, shall be permitted: (1) 2 percent for other varieties of peanuts; (2) 2 percent for damaged or unshelled peanuts and minor defects; (3) 0.2 percent for foreign material; (4) 2 percent for sound portions of peanuts which will pass through the prescribed screen; and, (5) 4 percent for sound whole peanuts. § 51.2712 U.S. No. 2 Runner. ‘‘U.S. No. 2 Runner’’ consists of shelled Runner type peanut kernels of similar varietal characteristics which may be split or broken, but which are free from foreign material, damage and minor defects, and which will not pass through a screen having 17⁄64 inch round openings. (a) In order to allow for variations in cident to proper grading and handling, the following tolerances, by weight, shall be permitted: (1) 2 percent for other varieties of peanuts; (2) 2.5 percent for damaged or unshelled peanuts and minor defects; (3) 0.2 percent for foreign material; and, (4) 6 percent for sound peanuts and portions of peanuts which will pass through the prescribed screen. APPLICATION OF TOLERANCES § 51.2713 Application of tolerances. The tolerances provided in these standards are on a lot basis and shall be applied to a composite sample rep resentative of the lot. However, any container or group of containers in which the peanuts are obviously of a quality materially different from that in the majority of containers shall be considered a separate lot, and shall be sampled separately. DEFINITIONS § 51.2714 Similar varietal characteris tics. Similar varietal characteristics means that the peanut kernels in the lot are not of distinctly different varieties. For example, Spanish type shall not be mixed with Runners. § 51.2715 Whole. Whole means that the peanut kernel is not split or broken. § 51.2716 Split. Split means the separated half of a peanut kernel. § 51.2717 Broken. Broken means that more than one fourth of the peanut kernel is broken off. § 51.2718 Foreign material. Foreign material means pieces or loose particles of any substance other than peanut kernels or skins. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00496 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 487 Agricultural Marketing Service, USDA § 51.2732 § 51.2719 Unshelled. Unshelled means a peanut kernel with part or all of the hull (shell) attached. § 51.2720 Minor defects. Minor defects means that the peanut kernel is not damaged but is affected by one or more of the following: (a) Skin discoloration which is dark brown, dark gray, dark blue or black and covers more than one-fourth of the surface; (b) Flesh discoloration which is dark er than a light yellow color or consists of more than a slight yellow pitting of the flesh; (c) Sprout extending more than one eighth of an inch from the tip of the kernel; and, (d) Dirt when the surface of the ker nel is distinctly dirty, and its appear ance is materially affected. § 51.2721 Damage. Damage means that the peanut ker nel is affected by one or more of the following: (a) Rancidity or decay; (b) Mold; (c) Insects, worm cuts, web or frass; (d) Freezing injury causing hard, translucent or discolored flesh; and (e) Dirt when the surface of the ker nel is heavily smeared, thickly flecked or coated with dirt, seriously affecting its appearance. Subpart—United States Standards for Grades of Shelled Spanish Type Peanuts SOURCE: 30 FR 7595, June 11, 1965, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. GRADES § 51.2730 U.S. No. 1 Spanish. ‘‘U.S. No. 1 Spanish’’ consists of shelled Spanish type peanut kernels which are whole and free from foreign material, damage and minor defects, and which will not pass through a screen having 15⁄64 × 3⁄4 inch openings. (a) In order to allow for variations in cident to proper grading and handling, the following tolerances, by weight, shall be permitted: (1) 1 percent for other types of pea nuts; (2) 3 percent for sound peanuts which are split or broken; (3) 1.5 percent for damaged or unshelled peanuts; (4) 0.5 percent for minor defects: Pro vided, That in addition, any unused part of the tolerance for damaged or unshelled peanuts shall be allowed for minor defects; (5) 0.1 percent for foreign material; and, (6) 2 percent for sound whole peanuts which will pass through the prescribed screen. § 51.2731 U.S. Spanish Splits. ‘‘U.S. Spanish Splits’’ consists of shelled Spanish type peanut kernels which are split or broken, but which are free from foreign material, damage and minor defects, and which will not pass through a screen having 16⁄64 inch round openings. (a) In order to allow for variations in cident to proper grading and handling, the following tolerances, by weight, shall be permitted: (1) 2 percent for other types of pea nuts; (2) 2 percent for damaged or unshelled peanuts and minor defects; (3) 0.2 percent for foreign material; (4) 2 percent for sound portions of peanuts which will pass through the prescribed screen; and, (5) 4 percent for sound whole kernels. § 51.2732 U.S. No. 2 Spanish. ‘‘U.S. No. 2 Spanish’’ consists of shelled Spanish type peanut kernels which may be split or broken, but which are free from foreign material, damage, and minor defects, and which will not pass through a screen having 16⁄64 inch round openings. (a) In order to allow for variations in cident to proper grading and handling, the following tolerances, by weight, shall be permitted: (1) 2 percent for other types of pea nuts; (2) 2.5 percent for damaged or unshelled peanuts and minor defects; (3) 0.2 percent for foreign material; and, VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00497 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 488 7 CFR Ch. I (1–1–17 Edition) § 51.2733 (4) 6 percent for sound peanuts and portions of peanuts which will pass through the prescribed screen. APPLICATION OF TOLERANCES § 51.2733 Application of tolerances. The tolerances provided in these standards are on a lot basis and shall be applied to a composite sample rep resentative of the lot. However, any container or group of containers in which the peanuts are obviously of a quality materially different from that in the majority of containers shall be considered a separate lot, and shall be sampled and graded separately. DEFINITIONS § 51.2734 Spanish type. Spanish type means peanuts of vari eties which belong to the Spanish clas sification group and which are free from kernels of Runner, Virginia, or other types. § 51.2735 Whole. Whole means that the peanut kernel is not split or broken. § 51.2736 Split. Split means the separated half of a peanut kernel. § 51.2737 Broken. Broken means that more than one fourth of the peanut kernel is broken off. § 51.2738 Foreign material. Foreign material means pieces or loose particles of any substance other than peanut kernels or skins. § 51.2739 Damage. Damage means any specific defect de scribed in this section; or any other de fect, or any combination of defects which materially detracts from the ed ible quality of the peanut. The fol lowing specific defects shall be consid ered as damage: (a) Rancidity or decay; (b) Mold; (c) Insects, worm cuts, web or frass; (d) Freezing injury causing hard, translucent, or discolored flesh; and, (e) Dirt when the surface of the ker nel is heavily smeared, thickly flecked or coated with dirt, seriously affecting its appearance. § 51.2740 Minor defects. Minor defects means that the peanut kernel is not damaged but is affected by one or more of the following: (a) Skin discoloration which is dark brown, dark gray, dark blue or black and covers more than one-fourth of the surface; (b) Flesh discoloration which is dark er than a light yellow color or consists of more than a slight yellow pitting of the flesh; (c) Sprout extending more than one eighth of an inch from the tip of the kernel; and, (d) Dirt when the surface of the ker nel is distinctly dirty, and its appear ance is materially affected. § 51.2741 Unshelled. Unshelled means a peanut kernel with part or all of the hull (shell) attached. Subpart—United States Standards for Shelled Virginia Type Peanuts SOURCE: 24 FR 6182, Aug. 1, 1959; 24 FR 6671, Aug. 18, 1959, unless otherwise noted. Redes ignated at 42 FR 32514, June 27, 1977, and fur ther redesignated at 46 FR 63203, Dec. 31, 1981. GRADES § 51.2750 U.S. Extra Large Virginia. ‘‘U.S. Extra Large Virginia’’ consists of shelled Virginia type peanut kernels of similar varietal characteristics which are whole and free from foreign material, damage and minor defects, and which will not pass through a screen having 20⁄64 × 1 inch openings. Unless otherwise specified, the peanuts in any lot shall average not more than 512 per pound. (a) In order to allow for variations in cident to proper grading and handling, the following tolerances, by weight, shall be permitted: (1) 0.75 percent for other varieties of peanuts; (2) 3 percent for sound peanuts which are split or broken; VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00498 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 489 Agricultural Marketing Service, USDA § 51.2754 (3) 1 percent for damaged or unshelled peanuts; (4) 0.75 percent for minor defects: Pro vided, That in addition, any unused part of the tolerance for damaged or unshelled peanuts shall be allowed for minor defects; (5) 0.1 percent for foreign material; and, (6) 3 percent for sound, whole peanuts which will pass through the prescribed screen. § 51.2751 U.S. Medium Virginia. ‘‘U.S. Medium Virginia’’ consists of shelled Virginia type peanut kernels of similar varietal characteristics which are whole and free from foreign mate rial, damage and minor defects, and which will not pass through a screen having 18⁄64 × 1 inch openings. Unless otherwise specified, the peanuts in any lot shall average not more than 640 per pound. (a) In order to allow for variations in cident to proper grading and handling, the following tolerances, by weight, shall be permitted: (1) 1 percent for other varieties of peanuts; (2) 3 percent for sound peanuts which are split or broken; (3) 1.25 percent for damaged or unshelled peanuts; (4) 0.75 percent for minor defects: Pro vided, That in addition, any unused part of the tolerance for damaged or unshelled peanuts shall be allowed for minor defects; (5) 0.1 percent for foreign material; and, (6) 3 percent for sound, whole peanuts which will pass through the prescribed screen. § 51.2752 U.S. No. 1 Virginia. ‘‘U.S. No. 1 Virginia’’ consists of shelled Virginia type peanut kernels of similar varietal characteristics which are whole and free from foreign mate rial, damage and minor defects, and which will not pass through a screen having 15⁄64 × 1 inch openings. Unless otherwise specified, the peanuts in any lot shall average not more than 864 per pound. (a) In order to allow for variations in cident to proper grading and handling, the following tolerances by weight, shall be permitted: (1) 1 percent for other varieties of peanuts; (2) 3 percent for sound peanuts which are split or broken; (3) 1.25 percent for damaged or unshelled peanuts; (4) 0.75 percent for minor defects: Pro vided, That in addition, any unused part of the tolerance for damaged or unshelled peanuts shall be allowed for minor defects; (5) 0.1 percent for foreign material; and, (6) 3 percent for sound, whole peanuts which will pass through the prescribed screen. [24 FR 6671, Aug. 18, 1959. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981] § 51.2753 U.S. Virginia Splits. ‘‘U.S. Virginia Splits’’ consists of shelled Virginia type peanut kernels of similar varietal characteristics which are free from foreign material, damage and minor defects, and which will not pass through a screen having 20⁄64 inch round openings. Not less than 90 per cent, by weight, shall be splits. (a) In order to allow for variations in cident to proper grading and handling, the following tolerances, by weight, shall be permitted: (1) 2 percent for other varieties of peanuts; (2) 2 percent for damaged or unshelled peanuts and minor defects; (3) 0.2 percent for foreign materials; and, (4) 3 percent for sound peanuts and portions of peanuts which will pass through the prescribed screen. [24 FR 6671, Aug. 18, 1959. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981] § 51.2754 U.S. No. 2 Virginia. ‘‘U.S. No. 2 Virginia’’ consists of shelled Virginia type peanut kernels of similar varietal characteristics which may be split or broken, but which are free from foreign material, damage and minor defects, and which will not pass through a screen having 17⁄64 inch round openings. (a) In order to allow for variations in cident to proper grading and handling, VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00499 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 490 7 CFR Ch. I (1–1–17 Edition) § 51.2755 the following tolerances, by weight, shall be permitted: (1) 2 percent for other varieties of peanuts; (2) 2.5 percent for damaged or unshelled peanuts and minor defects; (3) 0.2 percent for foreign material; and, (4) 6 percent for sound peanuts and portions of peanuts which will pass through the prescribed screen. APPLICATION OF TOLERANCES § 51.2755 Application of tolerances. The tolerances provided in these standards are on a lot basis and shall be applied to a composite sample rep resentative of the lot. However, any container or group of containers in which the peanuts are obviously of a quality materially different from that in the majority of containers shall be considered a separate lot, and shall be sampled separately. DEFINITIONS § 51.2756 Similar varietal characteris tics. Similar varietal characteristics means that the peanut kernels in the lot are not of distinctly different varieties. For example, Spanish type shall not be mixed with Virginia type. § 51.2757 Whole. Whole means that the peanut kernel is not split or broken. § 51.2758 Split. Split means the separated half of a peanut kernel. § 51.2759 Broken. Broken means that more than one fourth of the peanut kernel is broken off. § 51.2760 Foreign material. Foreign material means pieces or loose particles of any substance other than peanut kernels or skins. § 51.2761 Unshelled. Unshelled means a peanut kernel with part or all of the hull (shell) attached. § 51.2762 Minor defects. Minor defects means that the peanut kernel is not damaged but is affected by one or more of the following: (a) Skin discoloration which is dark brown, dark gray, dark blue or black and covers more than one-fourth of the surface; (b) Flesh discoloration which is dark er than a light yellow color or consists of more than a slight yellow pitting of the flesh; (c) Sprout extending more than one eighth of an inch from the tip of the kernel; and, (d) Dirt when the surface of the ker nel is distinctly dirty, and its appear ance is materially affected. § 51.2763 Damage. Damage means that the peanut ker nel is affected by one or more of the following: (a) Rancidity or decay; (b) Mold; (c) Insects, worm cuts, web or frass; (d) Freezing injury causing hard, translucent or discolored flesh; and, (e) Dirt when the surface of the ker nel is heavily smeared, thickly flecked or coated with dirt, seriously affecting its appearance. Subpart—United States Standards for Grades of Onions (Other Than Bermuda-Granex-Grano and Creole Types) SOURCE: 60 FR 46977, Sept. 8, 1995, unless otherwise noted. GRADES § 51.2830 U.S. No. 1. U.S. No. 1 consists of onions which meet the following requirements: (a) Basic requirements: (1) Similar varietal characteristics, except color when designated as a spe cialty or mixed pack; (2) Mature; (3) Fairly firm; and, (4) Fairly well shaped. (b) Free from: (1) Decay; (2) Wet sunscald; (3) Doubles; (4) Bottlenecks; and, VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00500 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 491 Agricultural Marketing Service, USDA § 51.2832 1 Any lot of onions quoted as being of size smaller than 11⁄2 inches minimum, such as ‘‘U.S. No. 1, 11⁄4 inches min.’’ is not required to meet the percentages which shall be 2 inches or larger as specified in the U.S. No. 1 grade. (5) Scallions. (c) Free from damage caused by: (1) Seedstems; (2) Splits; (3) Tops; (4) Roots; (5) Dry sunken areas; (6) Sunburn; (7) Sprouts; (8) Freezing; (9) Peeling; (10) Cracked fleshy scales; (11) Watery scales; (12) Dirt or staining; (13) Foreign matter; (14) Mechanical; (15) Translucent scales; (16) Disease; (17) Insects; and, (18) Other means. (d) For tolerances see § 51.2837. (e) Size. Unless otherwise specified the diameter shall be not less than 11⁄2 inches, and yellow, brown, or red on ions shall have 40 percent or more, and white onions shall have 30 percent or more, by weight, of the onions in any lot 2 inches or larger in diameter. (f) When a percentage of the onions is specified to be of any certain size or larger, no part of any tolerance shall be allowed to reduce the specified per centage, but individual packages in a lot may have as much as 25 percentage points less than the percentage speci fied, except that individual packages containing 10 pounds or less shall have no requirements as to percentage of a certain size or larger: Provided, that any lot, regardless of package size, shall average within the percentage specified. (See §§ 51.2836 and 51.2837) 1 [60 FR 46977, Sept. 8, 1995, as amended at 79 FR 63294, Oct. 23, 2014] § 51.2831 U.S. Export No. 1. U.S. Export No. 1 consists of onions which meet the following require ments: (a) Basic requirements: (1) Similar varietal characteristics, except color when designated as a spe cialty or mixed pack; (2) Mature; (3) Dormant; (4) Fairly firm; and, (5) Fairly well shaped. (b) Free from: (1) Decay; (2) Wet sunscald; (3) Doubles; (4) Bottlenecks; and, (5) Scallions. (c) Free from damage caused by: (1) Seedstems; (2) Splits; (3) Tops; (4) Roots; (5) Dry sunken areas; (6) Sunburn; (7) Sprouts; (8) Freezing; (9) Peeling; (10) Cracked fleshy scales; (11) Watery scales; (12) Dirt or staining; (13) Foreign matter; (14) Mechanical; (15) Translucent scales; (16) Disease; (17) Insects; and, (18) Other means. (d) Unless otherwise specified onions are packed in accordance with Export Packing Requirements set forth in § 51.2840. (See § 51.2837.) [60 FR 46977, Sept. 8, 1995, as amended at 79 FR 63294, Oct. 23, 2014] § 51.2832 U.S. Commercial. U.S. Commercial consists of onions which meet the following require ments: (a) Basic requirements: (1) Similar varietal characteristics, except color when designated as a spe cialty or mixed pack; (2) Mature; (3) Not soft or spongy; and, (4) Not badly misshapen. (b) Free from: (1) Decay; (2) Wet sunscald; (3) Doubles; (4) Bottlenecks; and, (5) Scallions. (c) Free from damage caused by: (1) Seedstems; (2) Tops; VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00501 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 492 7 CFR Ch. I (1–1–17 Edition) § 51.2833 (3) Roots; (4) Dry sunken areas; (5) Sunburn; (6) Sprouts; (7) Freezing; (8) Cracked fleshy scales; (9) Watery scales; (10) Mechanical; (11) Translucent scales; (12) Disease; (13) Insects; and, (14) Other means. (d) Free from serious damage caused by: (1) Staining; (2) Dirt; and, (3) Other foreign matter. (e) For tolerances see § 51.2837. (f) Size. Unless otherwise specified, the diameter shall be not less than 11⁄2 inches. (See §§ 51.2836 and 51.2837.) [60 FR 46977, Sept. 8, 1995, as amended at 79 FR 63294, Oct. 23, 2014] § 51.2833 U.S. No. 1 Boilers. U.S. No. 1 Boilers consists of onions which meet all the requirements for the U.S. No. 1 grade except for size. (See § 51.2830.) Size: The diameter of on ions of this grade shall be not less than 1 inch nor more than 17⁄8 inches. (See § 51.2837.) § 51.2834 U.S. No. 1 Picklers. U.S. No. 1 Picklers consists of onions which meet all the requirements for the U.S. No. 1 grade except for size. (See § 51.2830.) Size: The maximum di ameter of onions of this grade shall be not more than 1 inch. (See § 51.2837.) § 51.2835 U.S. No. 2. U.S. No. 2 consists of onions which meet the following requirements: (a) Basic requirements: (1) One type, except when designated as a specialty or mixed pack; (2) Mature; and, (3) Not soft or spongy. (b) Free from: (1) Decay; (2) Wet sunscald; and, (3) Scallions. (c) Free from serious damage caused by: (1) Watery scales; (2) Dirt or Staining; (3) Foreign Matter; (4) Seedstems; (5) Sprouts; (6) Mechanical; (7) Dry sunken areas; (8) Disease; (9) Freezing; (10) Insects; and, (11) Other means. (d) For tolerances see § 51.2837. (e) Size. Unless otherwise specified, the diameter shall not be less than 11⁄2 inches. (See §§ 51.2836 and 51.2837.) [60 FR 46977, Sept. 8, 1995, as amended at 79 FR 63294, Oct. 23, 2014] SIZE CLASSIFICATIONS § 51.2836 Size classifications. The size of onions may be specified in accordance with one of the following clas sifications. Size designation Minimum diameter Maximum diameter Inches Millimeters Inches Millimeters Small ..................................................................................................... 1 25.4 21⁄4 57.2 Repacker/Prepacker 1 ........................................................................... 13⁄4 44.5 3 76.2 Medium .................................................................................................. 2 50.8 31⁄4 82.6 Large or Jumbo ..................................................................................... 3 76.2 (2) Colossal ................................................................................................. 33⁄4 95.3 (2) 1 In addition to the sizes specified, a lot of onions designated as Repacker or Prepacker shall contain at least 60 percent or more 2 inches or larger in diameter. 2 No requirement. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00502 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 493 Agricultural Marketing Service, USDA § 51.2841 TOLERANCES § 51.2837 Tolerances. In order to allow for variations inci dent to proper grading and handling in each of the foregoing grades the fol lowing tolerances, by weight, are pro vided as specified: (a) For defects: (1) U.S. No. 1, U.S. Export No. 1, U.S. No. 1 Boilers and U.S. No. 1 Picklers grades. (i) Not more than 10 percent of the onions in a lot may be damaged by peeling; and, (ii) Not more than 5 percent of the onions in a lot may be below the re maining requirements of these grades, but not more than two-fifths of this tolerance, or 2 percent, may be allowed for onions which are affected by decay or wet sunscald (see § 51.2839.) (2) U.S. Commercial and U.S. No. 2 grades. (i) Not more than 5 percent of the onions in a lot may be below the requirements of these grades, but not more than two-fifths of this tolerance, or 2 percent, may be allowed for onions which are affected by decay or wet sunscald. (See § 51.2839.) (ii) [Reserved] (b) For off-size: (1) U.S. No. 1, U.S. No. 1 Boilers, U.S. Commercial, and U.S. No. 2 grades. Not more than 5 percent of the onions in a lot may be below the specified min imum size, and not more than 10 per cent may be above any specified max imum size. (See § 51.2839.) (2) U.S. No. 1 Pickler grade. Not more than 10 percent of the onions in a lot may be above the maximum size speci fied for this grade. (See § 51.2839.) SAMPLES FOR GRADE AND SIZE DETERMINATION § 51.2838 Samples for grade and size determination. Individual samples shall consist of at least 20 pounds for onions packed to meet larger than 21⁄4 inches maximum diameter. When individual packages contain 20 pounds or more and the on ions are packed for Large or Jumbo size or larger the package shall be the sample. When individual packages con tain less than 20 pounds, a sufficient number of adjoining packages are opened to provide at least a 20 pound sample, except that for onions packed to meet 21⁄4 inches maximum diameter or smaller, the sample may consist of either 20 pounds or the individual pack age. APPLICATION OF TOLERANCES § 51.2839 Application of tolerances. Individual samples are subject to the following limitations: (a) Samples which contain more than 20 pounds shall have not more than one and one half times a specified tolerance of 10 percent or more, and not more than double a specified tolerance of less than 10 percent, except that at least one defective and one off-size onion may be permitted in any sample: Provided, that en-route or at destina tion when onions in containers of 50 pounds or more are packed to a min imum size of 3 inches or larger not more than three onions or more than 4 percent (whichever is the larger amount) may be affected by decay or wet sunscald: And provided further, that the averages for the entire lot are within the tolerances specified for the grade; and, (b) Samples which contain 20 pounds or less shall have not more than double the tolerance specified, except that at least one defective and one off-size onion may be permitted in any sample: Provided, that the averages for the en tire lot are within the tolerances speci fied for the grade. EXPORT PACKING REQUIREMENTS § 51.2840 Export packing require ments. Onions specified as meeting Export Packing Requirements shall be packed in containers having a net capacity of 25 kilograms (approximately 56 pounds). DEFINITIONS § 51.2841 Mature. Mature means well cured. Midseason onions which are not customarily held in storage shall be considered mature when harvested in accordance with good commercial practice at a stage which will not result in the onions be coming soft or spongy. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00503 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 494 7 CFR Ch. I (1–1–17 Edition) § 51.2842 § 51.2842 Dormant. Dormant means that at least 90 per cent of the onions in any lot show no evidence of growth as indicated by dis tinct elongation of the growing point or distinct yellow or green color in the tip of the growing point. § 51.2843 Fairly firm. Fairly firm means that the onion may yield slightly to moderate pressure but is not appreciably soft or spongy. § 51.2844 Fairly well shaped. Fairly well shaped means having the shape characteristic of the variety, but onions may be slightly off-type or slightly misshapen. § 51.2845 Wet sunscald. Wet sunscald means sunscald which is soft, mushy, sticky or wet. § 51.2846 Doubles. Doubles means onions which have de veloped more than one distinct bulb joined only at the base. § 51.2847 Bottlenecks. Bottlenecks are onions which have ab normally thick necks with only fairly well developed bulbs. § 51.2848 Scallions. Scallions are onions which have thick necks and relatively small and poorly developed bulbs. § 51.2849 Damage. Damage means any specific defect de scribed in this section; or any equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materi ally detracts from the appearance, or the edible or marketing quality of the onions. The following specific defects shall be considered as damage: (a) Seedstems which are tough or woody, or which are more than 1⁄4 inch in diameter; (b) Splits when onions with two or more hearts are not practically covered by one or more outer scales; (c) Tops when more than 30 percent of the onions in a lot have tops 3 inches or more in length; (d) New roots when most roots on an individual onion have grown to a length of 1 inch or more in length; (e) Dry roots when more than 20 per cent of the onions in a lot have prac tically all roots 2 inches or more in length; (f) Dry sunken areas when the af fected areas exceed the equivalent to that of a circle 1⁄2 inch in diameter on an onion 23⁄4 inches in diameter which does not have the outer papery scale covering the affected areas or when the affected areas exceed the equivalent to that of a circle 3⁄4 inch in diameter on an onion 23⁄4 inches in diameter which has the outer papery scale covering the affected areas. Correspondingly lesser or greater areas are allowed on smaller or larger onions; (g) Sunburn when more than 33 per cent of the onions in a lot have a me dium green color on one-third of the surface; (h) Sprouts when visible, or when concealed within the dry top and more than 3⁄4 inch in length on an onion 2 inches or larger in diameter, or propor tionately shorter on smaller onions; (i) Peeling when more than one-half of the thin papery skin is missing, leaving the underlying fleshy scale un protected; (j) Cracked fleshy scales when one or more of the fleshy scales are cracked; (k) Watery scales when more than the equivalent of the entire outer fleshy scale is affected by an off-color, watersoaked condition. The off-color must be of some shade of brown or yel low; (l) Dirt, staining or other foreign matter when more than 20 percent of the onions in a yellow, brown or red lot, or more than 15 percent of the on ions in a white lot are appreciably stained. Onions with adhering dirt or other foreign matter shall be judged on the same basis as stained onions; (m) Mechanical when any cut extends deeper than one fleshy scale, or when any bruise breaks a fleshy scale; and, (n) Translucent scales when more than the equivalent of two entire outer fleshy scales have a watersoaked condi tion. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00504 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 495 Agricultural Marketing Service, USDA § 51.2927 § 51.2850 Diameter. Diameter means the greatest dimen sion measured at right angles to a straight line running from the stem to the root. § 51.2851 Badly misshapen. Badly misshapen means that the onion is so misshapen that its appear ance is seriously affected. § 51.2852 Serious damage. Serious damage means any specific de fect described in this section; or any 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 onions. The following specific de fects shall be considered as serious damage: (a) Watery scales when more than the equivalent of two entire outer fleshy scales are affected by an off-colored, watersoaked condition. The off-color must be of some shade of brown or yel low; (b) Dirt, staining or other foreign matter when more than 25 percent of the onions in a lot are badly stained. Onions with adhering dirt or other for eign matter shall be judged on the same basis as stained onions; (c) Seedstems when more than 1⁄2 inch in diameter; (d) Sprouts when the visible length is more than 1⁄2 inch; (e) Mechanical when any cut extends deeper than two fleshy scales, or when cuts seriously damage the appearance of the onion; and, (f) Dry sunken areas when extending deeper than one fleshy scale, or when affecting an area equivalent to that of a circle 1 inch in diameter on an onion 23⁄4 inches in diameter, or correspond ingly lesser or greater areas on smaller or larger onions. § 51.2853 One type. One type means that the onions are within the same general color cat egory. METRIC CONVERSION TABLE § 51.2854 Metric conversion table. Inches Millimeters (mm) 1⁄8 ....................................................................... 3.2 1⁄4 ....................................................................... 6.4 3⁄8 ....................................................................... 9.5 1⁄2 ....................................................................... 12.7 5⁄8 ....................................................................... 15.9 3⁄4 ....................................................................... 19.1 7⁄8 ....................................................................... 22.2 1 ......................................................................... 25.4 11⁄4 ..................................................................... 31.8 11⁄2 ..................................................................... 38.1 13⁄4 ..................................................................... 44.5 2 ......................................................................... 50.8 21⁄2 ..................................................................... 63.5 23⁄4 ..................................................................... 69.9 3 ......................................................................... 76.2 31⁄2 ..................................................................... 88.9 4 ......................................................................... 101.6 Subpart—United States Standards for Grades of Apricots SOURCE: 59 FR 49340, Sept. 28, 1994, unless otherwise noted. GRADES § 51.2925 U.S. No. 1. ‘‘U.S. No. 1’’ shall consist of apricots of one variety which are mature but not soft, overripe, or shriveled and which are well formed, free from decay, cuts, skin breaks, and worm holes and free from damage caused by limbrubs, russeting, growth cracks, dirt, scab, scale, hail, bruises, disease, insects, or mechanical or other means. For toler ances see § 51.2928. § 51.2926 U.S. No. 2. ‘‘U.S. No. 2’’ shall consist of apricots of one variety which are mature but not soft, overripe or shriveled and which are free from decay, cuts, skin breaks, and worm holes and free from serious damage caused by limbrubs, growth cracks, dirt, scale, hail, bruises, disease, insects, or mechanical or other means. For tolerances see § 51.2928. MARKING AND PACKING REQUIREMENTS § 51.2927 Marking and packing re quirements. The minimum size or numerical count of the apricots in any package shall be plainly labeled, stenciled, or otherwise marked on the package. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00505 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 496 7 CFR Ch. I (1–1–17 Edition) § 51.2928 (a) Numerical count. When the numer ical count is used the fruit in any sam ple shall not vary more than one fourth inch in diameter. See § 51.2928(b) Size for tolerances. (b) Minimum size. ‘‘Minimum size’’ re fers to the diameter of the smallest apricot in the package. It shall be stat ed in terms of whole and eighth inches, as 11⁄2 inches min., 15⁄8 inches min., etc., in accordance with the facts. TOLERANCES § 51.2928 Tolerances. In order to allow for variations inci dent to proper grading and handling the following tolerances are provided as specified: (a) Defects—(1) U.S. No. 1 grade. Not more than 10 percent, by count, of any lot may be below the requirements of this grade and provided that not more than 5 percent, shall be allowed for de fects causing serious damage and fur ther provided that not more than 1 per cent, shall be allowed for decay. (2) U.S. No. 2 grade. Not more than 10 percent, by count, of any lot may be below the requirements of this grade, and not more than 1 percent shall be allowed for decay. (b) Size. (1) If packages are marked with numerical count: Not more than 10 percent of the samples in a lot may fail the one-quarter inch variation re quirement designated in § 51.2927 para graph (a). (2) If packages are marked with min imum size: Not more than 10 percent, by count, of the apricots in any sample may be below the minimum size speci fied. APPLICATION OF TOLERANCES § 51.2929 Application of tolerances. Individual samples are subject to the following limitations: Provided, that the averages for the entire lot are within the tolerances specified for the grade. (a) For a tolerance of 10 percent or more; individual samples in any lot may contain not more than one and one-half times the tolerance specified, except that 1 decayed or 1 seriously damaged specimen may be permitted in any sample. (b) For a tolerance of less than 10 percent, individual samples in any lot may contain not more than double the tolerance specified, except that 1 de cayed specimen may be permitted in any sample. DEFINITIONS § 51.2930 Mature. Mature means having reached the stage of development which will insure a proper completion of the ripening process. § 51.2931 Well-formed. Well-formed means having the shape characteristic of the variety. § 51.2932 Damage. Damage means any specific defect de fined in this section; or an equally ob jectionable variation of any one of these defects, any other defect, or a combination of defects, which materi ally detracts from the appearance, or the edible or shipping quality of the apricot. The dimensions given for these defects are based on an apricot with a diameter of 17⁄8 inches (4.8 cm). Cor respondingly larger or smaller dimen sions are allowed on larger or smaller apricots. The following specific defects shall be considered as damage: (a) Growth Cracks which are unhealed or when well healed and over three eighths of an inch (9.5 mm) in length. (b) Limbrubs which are smooth and shallow and are more than one-fourth inch (6.4 mm) in diameter. (c) Russeting which is reddish to brown in color and exceeds 10 percent of the surface or thick, rough, and very dark and exceeds 5 percent of the sur face. (d) Dirt including spray residue ap pearing to the extent that it is readily apparent. (e) Scab spots when cracked or aggre gating more than three-eighths inch (9.5 mm) in diameter. (f) Scale occurring as scale insects, scale marks, or similar marks which are heavily concentrated or are scat tered and aggregating more than one fourth inch (6.3 mm) in diameter. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00506 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 497 Agricultural Marketing Service, USDA § 51.2946 (g) Hail when the skin has been bro ken or when not shallow and super ficial or more than three-eighths inch (9.5 mm) in diameter in the aggregate. (h) Bruises when: (1) The flesh is dis colored deeper than one-eighth of an inch (3.1 mm); or (2) Any bruise causing discoloration exceeding the area of a circle three eighths inch (9.5 mm) in diameter; or (3) An aggregate of lesser bruises de tracting from the appearance, edible or shipping quality of the apricot as much as paragraph (h) (1) or (2) of this sec tion. § 51.2933 Serious damage. Serious Damage means any specific defect defined in this section; or an equally objectionable variation of any one of these defects, any other defect, or a combination of defects, which seri ously detracts from the appearance, or the edible or shipping quality of the apricot. The dimensions given for these defects are based on an apricot with a diameter of 17⁄8 inches (4.8 cm). Cor respondingly larger or smaller dimen sions are allowed on larger or smaller apricots. The following specific defects shall be considered as serious damage: (a) Growth Cracks which are unhealed or when well healed and over one-half inch (12.7 mm) in length. (b) Limbrubs which are smooth and shallow and are more than one-half inch (12.7 mm) in diameter. (c) Russeting which is reddish to brown in color and exceeds one-third of the surface or thick, rough, and very dark and exceeds 15 percent of the sur face. (d) Dirt including spray residue which is readily apparent and seriously af fects the appearance. (e) Scab spots when cracked or when well healed and aggregating more than one inch (2.5 cm) in diameter. (f) Scale occurring as scale insects, scale marks, or similar marks aggre gating more than one-half inch (12.7 mm) in diameter. (g) Hail when the skin has been bro ken or when more than three six teenths (4.8 mm) of an inch deep or more than one-half inch (12.7 mm) in diameter in the aggregate. (h) Bruises when: (1) The flesh is dis colored deeper than three-sixteenths of an inch (4.8 mm); or (2) Any bruise causing discoloration exceeding the area of a circle five eighths inch (15.9 mm) in diameter; or (3) An aggregate of lesser bruises de tracting from the appearance, edible or shipping quality of the apricot as much as paragraph (h)(1) or (2) of this sec tion. § 51.2934 Diameter. Diameter means the greatest diame ter, measured through the center of the apricot, at right angles to a line run ning from the stem to the blossom end. Subpart—United States Standards for Grades of Walnuts in the Shell SOURCE: 29 FR 12865, Sept. 12, 1964, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. GENERAL § 51.2945 Application. The standards contained in this sub part apply only to walnuts commonly known as English or Persian walnuts (Juglans regia). They do not apply to the walnuts commonly known as black walnuts (Juglans nigra). § 51.2946 Color chart. The color chart (USDA Walnut Color Chart) to which reference is made in §§ 51.2948, 51.2949, 51.2950, 51.2954, and 51.2963 illustrates four shades of color used to describe skin color of walnut kernels. (a) Availability of color chart. The USDA Walnut Color Chart cited in this subpart has been filed with the original document and is available for inspec tion in the Office of the Federal Reg ister. The color chart is also available for inspection in the Fruit and Vege table Division, AMS, U.S. Department of Agriculture, South Building, Wash ington, D.C. 20250, in any field office of the Fresh Fruit and Vegetable Inspec tion Service of the Fruit and Vegetable Division, or upon request of any au thorized inspector of such Service. Cop ies of the color chart may be purchased from Munsell Color Co., Inc., 2441 VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00507 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 498 7 CFR Ch. I (1–1–17 Edition) § 51.2947 North Calvert Street, Baltimore, Md. 21218. [33 FR 10840, July 31, 1968. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981] § 51.2947 Method of inspection. In determining the grade of a lot of walnuts, all of the nuts in the sample first should be graded for size and then examined for external defects. The same nuts then should be cracked and examined for internal defects. The nuts must meet the requirements for both external and internal quality in order to meet a designated grade. GRADES § 51.2948 U.S. No. 1. ‘‘U.S. No. 1’’ consists of walnuts in shells which are dry, practically clean, bright and free from splits, injury by discoloration, and free from damage caused by broken shells, perforated shells, adhering hulls or other means. The kernels are well dried, free from decay, dark discoloration, rancidity, and free from damage caused by mold, shriveling, insects or other means. (See § 51.2954.) (a) At least 70 percent, by count, of the walnuts have kernels which are not darker than ‘‘light amber’’ (see color chart), and which are free from grade defects: Provided, That at least four sevenths of the above amount, or 40 percent of the walnuts have kernels which are not darker than ‘‘light’’ (see color chart). Higher percentages of nuts with kernels not darker than ‘‘light amber’’ which are free from grade defects and/or higher percentages with kernels not darker than ‘‘light’’ which are free from grade defects, may be specified in accordance with the facts. (See § 51.2954.) (b) Size shall be specified in connec tion with the grade. (See § 51.2952.) § 51.2949 U.S. No. 2. ‘‘U.S. No. 2’’ consists of walnuts in shells which are dry, practically clean and free from splits, and free from damage caused by broken shells, per forated shells, adhering hulls, discol oration or other means. The kernels are well dried, free from decay, dark discoloration, rancidity, and free from damage caused by mold, shriveling, in sects or other means. (See § 51.2954.) (a) At least 60 percent, by count, of the walnuts have kernels which are not darker than ‘‘light amber’’ (see color chart), and which are free from grade defects. Higher percentages of nuts with kernels not darker than ‘‘light amber’’ which are free from grade de fects, and/or percentages with kernels not darker than ‘‘light’’ (see color chart) which are free from grade de fects, may be specified in accordance with the facts. (See § 51.2954.) (b) Size shall be specified in connec tion with the grade. (See § 51.2952.) § 51.2950 U.S. No. 3. ‘‘U.S. No. 3’’ consists of walnuts in shells which are dry, fairly clean, free from splits, and free from damage caused by broken shells, and free from serious damage caused by discolora tion, perforated shells, adhering hulls or other means. The kernels are well dried, free from decay, dark discolora tion, rancidity, and free from damage caused by mold, shriveling, insects or other means. (See § 51.2954.) (a) There is no requirement in this grade for the percentage of walnuts having kernels which are ‘‘light amber’’ or ‘‘light’’. However, the per centage, by count, of nuts with kernels not darker than ‘‘light amber’’ (see color chart) which are free from grade defects and/or the percentage with ker nels not darker than ‘‘light’’ (see color chart) which are free from grade de fects, may be specified in accordance with the facts. (See § 51.2954.) (b) Size shall be specified in connec tion with the grade. (See § 51.2952.) UNCLASSIFIED § 51.2951 Unclassified. ‘‘Unclassified’’ consists of walnuts in the shell which have not been classified in accordance with any of the foregoing grades. The term ‘‘unclassified’’ is not a grade within the meaning of these standards but is provided as a designa tion to show that no grade has been ap plied to the lot. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00508 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 499 Agricultural Marketing Service, USDA § 51.2954 SIZE SPECIFICATIONS § 51.2952 Size specifications. Size shall be specified in accordance with the facts in terms of one of the following classifications: (a) Mammoth size. Mammoth size means walnuts of which not over 12 percent, by count, pass through a round opening 96⁄64 inches in diameter; (b) Jumbo size. Jumbo size means wal nuts of which not over 12 percent, by count, pass through a round opening 80⁄64 inches in diameter; (c) Large size. Large size means wal nuts of which not over 12 percent, by count, pass through a round opening 77⁄64 inches in diameter; except that for walnuts of the Eureka variety and type, such limiting dimension as to di ameter shall be 76⁄64 inches; (d) Medium size. Medium size means walnuts of which at least 88 percent, by count, pass through a round opening 77⁄64 inches in diameter, and of which not over 12 percent, by count, pass through a round opening 73⁄64 inches in diameter; (e) Standard size. Standard size means walnuts of which not over 12 percent, by count, pass through a round opening 73⁄64 inches in diameter; (f) Baby size. Baby size means wal nuts of which at least 88 percent, by count, pass through a round opening 74⁄64 inches in diameter, and of which not over 10 percent, by count, pass through a round opening 60⁄64 inch in di ameter; and, (g) Minimum diameter, or minimum and maximum diameter. In lieu of one of the foregoing classifications, size of wal nuts may be specified in terms of min imum diameter, or minimum and max imum diameter: Provided, That not more than 12 percent, by count, pass through a round hole of the specified minimum diameter, and at least 88 per cent, by count, pass through a round hole of any specified maximum diame ter. VARIETY OR TYPE SPECIFICATIONS § 51.2953 Variety or type specifica tions. The variety or type of any lot, of walnuts in the shell may be specified in accordance with the facts as follows: (a) If the lot is of one named variety, that variety name may be specified, Provided, That not over 10 percent, by count, of the walnuts in the lot are of another variety or type than that spec ified; and, (b) If the lot is a mixture of two or more distinct varieties or types it may be specified as ‘‘Mixed Varieties’’. TOLERANCES FOR GRADE DEFECTS § 51.2954 Tolerances for grade defects. In order to allow for variations inci dent to proper grading and handling, the following tolerances shall be per mitted for nuts which fail to meet the requirements of the respective grades as indicated. Terms in quotation marks refer to color classifications illustrated on the color chart. TOLERANCES FOR GRADE DEFECTS Grade External (shell) defects Internal (kernel) defects Color of kernel U.S. No. 1. ......... 10 pct, by count for splits. 5 pct. by count, for other shell defects, including not more than 3 pct seriously damaged. 10 pct total by count, including not more than 6 pct which are dam aged by mold or insects or seri ously damaged by other means, of which not more than 5⁄6 or 5 pct may be damaged by in sects, but no part of any toler ance shall be allowed for wal nuts containing live insects. No tolerance to reduce the re quired 70 pct of ‘‘light amber’’ kernels or the required 40 pct of ‘‘light’’ kernels or any larger per centage of ‘‘light amber’’ or ‘‘light’’ kernels specified. U.S. No. 2. ......... 10 pct, by count, for splits. 10 pct, by count, for other shell defects, including not more than 5 pct serious damage by adhering hulls. 15 pct total, by count, including not more than 8 pct which are damaged by mold or insects or seriously damaged by other means, of which not more than 5⁄8 or 5 pct may be damaged by insects, but no part of any toler ance shall be allowed for wal nuts containing live insects. No tolerance to reduce the re quired 60 pct or any specified larger percentage of ‘‘light amber’’ kernels, or any specified percentage of ‘‘light’’ kernels. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00509 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 500 7 CFR Ch. I (1–1–17 Edition) § 51.2955 TOLERANCES FOR GRADE DEFECTS—Continued Grade External (shell) defects Internal (kernel) defects Color of kernel U.S. No. 3. ......... Same as above tolerance for U.S. No. 2. Same as above tolerance for U.S. No. 2. No tolerance to reduce any per centage of ‘‘light amber’’ or ‘‘light’’ kernel specified. [41 FR 44187, Oct. 7, 1976. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981] APPLICATION OF TOLERANCES § 51.2955 Application of tolerances. The tolerances provided in these standards are on a lot basis, and they shall be applied to a composite sample representative of the lot. However, any identifiable container or group of con tainers in which the walnuts are obvi ously of a quality materially different from that in the majority of the con tainers shall be considered as a sepa rate lot, and shall be sampled sepa rately. DEFINITIONS § 51.2956 Practically clean. Practically clean means that, from the viewpoint of general appearance, the walnuts are practically free from ad hering dirt or other foreign matter, and that individual walnuts are not damaged by such means. A slightly chalky deposit on the shell is char acteristic of many bleached nuts and shall not be considered as dirt or for eign matter. § 51.2957 Bright. Bright means a fairly light, attrac tive appearance. A slight chalky de posit on the shell shall not be consid ered as affecting brightness. § 51.2958 Splits. Splits means walnuts with the seam opened completely around the nut so that the two halves of the shell are held together only by the kernel. § 51.2959 Injury by discoloration. Injury by discoloration means that the color of the affected portion of the shell objectionably contrasts with the color of the rest of the shell of the indi vidual nut. § 51.2960 Damage. Damage means any specific defect mentioned in this section; or any equally objectionable variation of any one of these defects, any other defect, or any combination of defects which materially detracts from the appear ance or the edible or shipping quality of the individual walnut or the lot as a whole. The following specific defects shall be considered as damage: (a) Broken shells when the area from which a portion of the shell is missing is greater than the area of a circle one fourth inch in diameter; or when the two halves of the shell have become completely broken apart and separated from each other; (b) Perforated shells when the area affected aggregates more than that of a circle one-fourth inch in diameter. The term ‘‘perforated shells’’ means imper fectly developed areas on the shell re sembling abrasions and usually includ ing small holes penetrating the shell wall; (c) Adhering hulls when affecting more than 5 percent of the shell sur face; (d) Discoloration (or stain) which covers, in the aggregate, one-fifth or more of the surface of the shell of an individual nut, and which is brown, reddish brown, gray, or other color in pronounced contrast with the color of the rest of the shell or the majority of shells in the lot, or darker discolora tion covering a smaller area if the ap pearance is equally objectionable; (e) Mold when attached to the kernel and conspicuous; or when incon spicuous white or gray mold affects an aggregate area larger than one square centimeter or one-eighth of the entire surface of the kernel, whichever is the lesser area; VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00510 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 501 Agricultural Marketing Service, USDA § 51.3050 (f) Shriveling when more than 5 per cent of the surface of the kernel, in cluding both halves, is severely shriv eled, or a greater area is affected by lesser degrees of shriveling producing an equally objectionable appearance. Kernels which are thin in cross section but which are otherwise normally de veloped shall not be considered as dam aged; and, (g) Insects when an insect or insect fragment, web or frass is present inside the shell, or the kernel shows distinct evidence of insect feeding. § 51.2961 Well dried. Well dried means that the kernel is firm and crisp, not pliable or leathery. § 51.2962 Decay. Decay means that any portion of the kernel is decomposed. § 51.2963 Dark discoloration. Dark discoloration means that the color of the skin of the kernel is darker than ‘‘amber’’. (See color chart.) § 51.2964 Rancidity. Rancidity means the stage of deterio ration in which the kernel has devel oped a rancid flavor. Rancidity should not be confused with a slightly astrin gent flavor of the pellicle (skin) or with staleness, the stage at which the flavor is flat but not distasteful. § 51.2965 Fairly clean. Fairly clean means that, from the viewpoint of general appearance, the lot is not seriously damaged by adher ing dirt or other foreign matter, and that individual walnuts are not coated or caked with dirt or foreign matter. Both the amount of surface affected and the color of the dirt shall be taken into consideration. § 51.2966 Serious damage. Serious damage means any specific de fect mentioned in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects which se riously detracts from the appearance or the edible or shipping quality of the walnut. The following specific defects shall be considered as serious damage: (a) Discoloration (or stain) which covers, in the aggregate, one-third or more of the surface of the shell of an individual nut and which is brown, red dish brown, gray, or other color in pro nounced contrast with the color of the rest of the shell or the majority of shells in the lot, or darker discolora tion covering a smaller area if the ap pearance is equally objectionable; (b) Perforated shells when the area affected aggregates more than that of a circle three-eighths of an inch in di ameter. The term ‘‘perforated shells’’ means imperfectly developed areas on the shell resembling abrasions and usu ally including small holes penetrating the shell wall; (c) Adhering hulls when affecting more than one-eighth of the shell sur face in the aggregate; (d) Shriveling when both halves of the kernel are affected by severe shriv eling over an area totaling more than one-eighth of the surface; or when both halves are affected over a greater area by lesser degrees of shriveling pro ducing an equally objectionable ap pearance. When one of the halves of the kernel shows no shriveling, the kernel shall not be considered seriously dam aged unless the other half shows shriv eling to the extent that over 50 percent of its surface is severely shriveled, or a greater area is affected by lesser de grees of shriveling producing an equal ly objectionable appearance. Kernels which are thin in cross section, but which are otherwise normally devel oped shall not be considered as dam aged; (e) Rancidity or decay; and, (f) Uncured kernels which are wet, rubbery and ‘‘green’’. Subpart—United States Standards for Florida Avocados SOURCE: 22 FR 6205, Aug. 3, 1957, unless oth erwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. GRADES § 51.3050 U.S. No. 1. ‘‘U.S. No. 1’’ consists of avocados of similar varietal characteristics which are mature but not overripe, well VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00511 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 502 7 CFR Ch. I (1–1–17 Edition) § 51.3051 formed, clean, well colored, well trimmed and which are free from decay, anthracnose, and freezing injury and are free from damage caused by bruises, cuts or other skin breaks, pulled stems, russeting or similar dis coloration, scars or scab, sunburn, sunscald or sprayburn, cercospora spot, other disease, insects, or mechanical or other means. (a) Tolerances. In order to allow for variations incident to proper grading and handling, not more than a total of 10 percent, by count, of the avocados in any lot may fail to meet the require ments of this grade: Provided, That not more than one-half of this amount, or 5 percent, shall be allowed for avocados affected by decay or anthracnose, in cluding therein not more than 1 per cent for avocados affected by decay. (See §§ 51.3055 and 51.3056.) § 51.3051 U.S. Combination. ‘‘U.S. Combination’’ consists of a combination of U.S. No. 1 and U.S. No. 2 avocados: Provided, That at least 60 percent, by count, of the avocados in each container meet the requirements of the U.S. No. 1 grade. (a) Tolerances. In order to allow for variations incident to proper grading and handling, not more than a total of 10 percent, by count, of the avocados in any lot may fail to meet the require ments of the U.S. No. 2 grade: Provided, That not more than one-half of this amount, or 5 percent, shall be allowed for avocados affected by decay or seri ously damaged by anthracnose, includ ing therein not more than 1 percent for avocados affected by decay. No part of any tolerance shall be allowed to re duce for the lot as a whole the percent age of U.S. No. 1 fruit required or speci fied in the combination, but individual containers may have not more than 10 percent less than the percentage of U.S. No. 1 fruit required or specified. (See §§ 51.3055 and 51.3056.) § 51.3052 U.S. No. 2. ‘‘U.S. No. 2’’ consists of avocados of similar varietal characteristics which are mature but not overripe, fairly well formed, clean, fairly well colored, well trimmed and which are free from decay and freezing injury and are free from serious damage caused by anthracnose, bruises, cuts or other skin breaks, pulled stems, russeting or similar dis coloration, scars or scab, sunburn, sunscald or sprayburn, cercospora spot, other disease, insects, or mechanical or other means. (a) Tolerances. In order to allow for variations incident to proper grading and handling, not more than a total of 10 percent, by count, of the avocados in any lot may fail to meet the require ments of this grade: Provided, That not more than one-half of this amount, or 5 percent, shall be allowed for avocados affected by decay or seriously damaged by anthracnose, including therein not more than 1 percent for avocados af fected by decay. (See §§ 51.3055 and 51.3056.) § 51.3053 U.S. No. 3. ‘‘U.S. No. 3’’ consists of avocados of similar varietal characteristics which are mature but not overripe, which are not badly misshapen, and which are free from decay and are free from seri ous damage caused by anthracnose and are free from very serious damage caused by freezing injury, bruises, cuts or other skin breaks, pulled stems, russeting or similar discoloration, scars or scab, sunburn, sunscald or sprayburn, cercospora spot, other dis ease, insects, dirt or mechanical or other means. (a) Tolerances. In order to allow for variations incident to proper grading and handling, not more than a total of 10 percent, by count, of the avocados in any lot may fail to meet the require ments of this grade, including therein not more than 2 percent for avocados affected by decay. (See §§ 51.3055 and 51.3056.) UNCLASSIFIED § 51.3054 Unclassified. ‘‘Unclassified’’ consists of avocados which have not been classified in ac cordance with any of the foregoing grades. The term ‘‘unclassified’’ is not a grade within the meaning of these standards, but is provided as a designa tion to show that no grade has been ap plied to the lot. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00512 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 503 Agricultural Marketing Service, USDA § 51.3064 STANDARD PACK § 51.3055 Standard pack. (a) The avocados shall be packed in accordance with good commercial prac tice and the pack shall be at least fair ly tight. The weight of the smallest fruit in any container shall be not less than 75 percent of the weight of the largest fruit in the container. Size of the avocados may be specified by count. (b) In order to allow for variations in cident to proper sizing and packing, not more than 5 percent, by count, of the avocados in any container may weigh less than 75 percent of the weight of the largest fruit: Provided, That no fruit in any container shall weigh less than 60 percent of the weight of the largest fruit in the con tainer. In addition, not more than 5 percent of the containers in any lot may fail to meet the requirement as to tightness of pack. APPLICATION OF TOLERANCES § 51.3056 Application of tolerances. (a) The contents of individual pack ages in the lot, based on sample inspec tion, are subject to the following limi tations: Provided, That the averages for the entire lot are within the tolerances specified for the grade: (1) For packages which contain more than 20 avocados and a tolerance of 10 percent or more is provided, individual packages in any lot shall have not more than one and one-half times the tolerance specified. For packages which contain more than 20 avocados and a tolerance of less than 10 percent is provided, individual packages in any lot shall have not more than double the tolerance specified, except that at least one defective and one off-size specimen may be permitted in any package; and, (2) For packages which contain 20 av ocados or less, individual packages shall have not more than double the tolerance specified, except that at least one defective and one off-size specimen may be permitted in any package. DEFINITIONS § 51.3057 Similar varietal characteris tics. Similar varietal characteristics means that the avocados in any container are similar in shape, texture, and color of skin and flesh. § 51.3058 Mature. Mature means that the avocado has reached a stage of growth which will insure a proper completion of the rip ening process. § 51.3059 Overripe. Overripe means that the avocado is dead ripe with flesh soft or discolored and past commercial use. § 51.3060 Well formed. Well formed means that the avocado has the normal shape characteristic of the variety. § 51.3061 Clean. Clean means that the avocado is practically free from dirt, staining or other foreign material. § 51.3062 Well colored. Well colored means that the avocado has the color characteristic of the vari ety. § 51.3063 Well trimmed. Well trimmed means that the stem, when present, is cut off fairly smoothly at a point not more than one-fourth inch beyond the shoulder of the avo cado. § 51.3064 Damage. Damage means any defect which ma terially affects the appearance, or the edible or shipping quality of the indi vidual fruit, or the general appearance of the avocados in the container. Any one of the following defects, or any combination of defects the seriousness of which exceeds the maximum allowed for any one defect, shall be considered as damage: (a) Cuts or other skin breaks when not healed and penetrating beneath the epidermis or the aggregate area ex ceeds that of a rectangle 1 inch in length and one-eighth inch in width, or VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00513 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 504 7 CFR Ch. I (1–1–17 Edition) § 51.3065 when healed and the appearance is ma terially affected; (b) Pulled stems when the exposed stem cavity is excessively deep, or when skin surrounding the stem cavity is more than slightly torn; (c) Russeting or similar discoloration when the appearance of the avocado is affected to a greater extent than that of an avocado which has light brown surface discoloration aggregating 10 percent of the fruit surface; (d) Scars or scab when the appear ance of the avocado is affected to a greater extent than that of an avocado which has light brown superficial, fair ly smooth scars aggregating 10 percent of the fruit surface; (e) Sunburn when the appearance of the avocado is affected to a greater ex tent than that of an avocado which has greenish-yellow colored sunburn aggre gating 10 percent of the fruit surface; and, (f) Sunscald or sprayburn when not well healed, or when soft, or when the appearance of the avocado is affected to a greater extent than that of an avo cado which has light brown, superficial scars aggregating 10 percent of the fruit surface. § 51.3065 Fairly well formed. Fairly well formed means that the avocado may be slightly abnormal in shape but not to the extent that the appearance is seriously affected. § 51.3066 Fairly well colored. Fairly well colored means that the avocado shows a shade of color which is fairly characteristic of the variety. § 51.3067 Serious damage. Serious damage means any defect which seriously affects the appearance, or the edible or shipping quality of the individual fruit, or the general appear ance of the avocados in the container. Any one of the following defects, or any combination of defects the serious ness of which exceeds the maximum al lowed for any one defect, shall be con sidered as serious damage: (a) Anthracnose when any spot ex ceeds the area of a circle one-fourth inch in diameter, or when more than 3 spots each of which exceeds the area of a circle three-sixteenths inch in diame ter; (b) Cuts or other skin breaks when not healed and penetrating into the flesh of the fruit, or the aggregate area exceeds that of a rectangle 1 inch in length and one-fourth inch in width, or when healed and the appearance is seri ously affected; (c) Pulled stems when the skin sur rounding the exposed stem cavity is torn more than an aggregate area of a circle one-fourth inch in diameter, or when the flesh is torn; (d) Russeting or similar discoloration when the appearance of the avocado is affected to a greater extent than that of an avocado which has light brown surface discoloration aggregating 25 percent of the fruit surface; (e) Scars or scab when the appear ance of the avocado is affected to a greater extent than that of an avocado which has light brown superficial fairly smooth scars aggregating 25 percent of the fruit surface; (f) Sunburn when the appearance of the avocado is affected to a greater ex tent than that of an avocado which has greenish-yellow colored sunburn aggre gating 25 percent of the fruit surface; (g) Sunscald or sprayburn when not well healed, or when soft, or when the appearance of the avocado is affected to a greater extent than that of an avo cado which has light brown superficial, fairly smooth scars aggregating 25 per cent of the fruit surface; and (h) Cercospora spot when any spot ex ceeds the area of a circle one-fourth inch in diameter, or when more than 3 spots each of which exceeds the area of a circle three-sixteenths inch in diame ter, or when the aggregate area of all spots exceeds the area of a circle 1 inch in diameter. § 51.3068 Badly misshapen. Badly misshapen means that the avo cado is so badly curved, constricted, pointed or otherwise deformed that the appearance is very seriously affected. § 51.3069 Very serious damage. Very serious damage means any defect which very seriously affects the ap pearance, or the edible or shipping quality of the avocado. Any one of the following defects, or any combination VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00514 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 505 Agricultural Marketing Service, USDA § 51.3148 of defects the seriousness of which ex ceeds the maximum allowed for any one defect, shall be considered as very serious damage: (a) Cuts or other skin breaks when not healed and penetrating into the flesh of the fruit, or any skin break very seriously affecting the appear ance, or the edible or shipping quality; (b) Pulled stems when the skin sur rounding the exposed stem cavity is torn more than an aggregate area of a circle one-half inch in diameter, or when the flesh is torn; (c) Russeting or similar discoloration when the appearance of the avocado is affected to a greater extent than that of an avocado which has light brown surface discoloration aggregating 50 percent of the fruit surface; (d) Scars or scab when the appear ance of the avocado is affected to a greater extent than that of an avocado which has light brown superficial, fair ly smooth scars aggregating 50 percent of the fruit surface; (e) Sunburn when the appearance of the avocado is affected to a greater ex tent than that of an avocado which has greenish-yellow colored sunburn aggre gating 50 percent of the fruit surface; and, (f) Sunscald or sprayburn when not well healed, or when the appearance of the avocado is affected to a greater ex tent than that of an avocado which has light brown superficial, fairly smooth scars aggregating 50 percent of the fruit surface. Subpart—United States Standards for Grades of Nectarines SOURCE: 69 FR 9196, Feb. 27, 2004, unless otherwise noted. GRADES § 51.3145 U.S. Fancy. ‘‘U.S. Fancy’’ consists of nectarines of one variety which are mature but not soft or overripe, which are well formed, clean, and free from decay, broken skins which are not healed, worms, worm holes, and free from in jury caused by bruises, growth cracks, hail, sunburn, sprayburn, scab, bac terial spot, scale, split pit, scars, russeting, other disease, insects, or me chanical or other means. (a) Each nectarine shall have not less than one-third of its surface showing red color characteristic of the variety. (See § 51.3150.) (b) [Reserved] § 51.3146 U.S. Extra No. 1. ‘‘U.S. Extra No. 1’’ consists of nec tarines of one variety which are ma ture but not soft or overripe, which are well formed, clean, and free from decay, broken skins which are not healed, worms, worm holes and free from injury caused by split pit and free from damage caused by bruises, growth cracks, hail, sunburn, sprayburn, scab, bacterial spot, scale, scars, russeting, other disease, insects or mechanical or other means. (a) At least 75 percent of the nec tarines in any lot shall show some blushed or red color including therein at least 50 percent of the nectarines with not less than one-third of the fruit surface showing red color char acteristic of the variety. (See § 51.3150.) (b) [Reserved] § 51.3147 U.S. No. 1. ‘‘U.S. No. 1’’ consists of nectarines of one variety which are mature but not soft or overripe, which are well formed, clean, and free from decay, broken skins which are not healed, worms, worm holes, and free from injury caused by split pit and free from dam age caused by bruises, growth cracks, hail, sunburn, sprayburn, scab, bac terial spot, scale, scars, russeting, other disease, insects, or mechanical or other means. § 51.3148 U.S. No. 2. ‘‘U.S. No. 2’’ consists of nectarines of one variety which are mature but not soft or overripe, which are not badly misshapen, which are clean and free from decay, broken skins which are not healed, worms, worm holes, and free from serious damage caused by bruises, growth cracks, hail, sunburn, sprayburn, scab, bacterial spot, scale, split pit, scars, russeting, other dis ease, insects, or mechanical or other means. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00515 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 506 7 CFR Ch. I (1–1–17 Edition) § 51.3149 1 Shipping point, as used in these stand ards, means the point of origin of the ship ment in the producing area or at port of loading for ship stores or overseas shipment, or, in the case of shipments from outside the continental United States, the port of entry into the United States. § 51.3149 [Reserved] TOLERANCES § 51.3150 Tolerances. In order to allow for variations inci dent to proper grading and handling in each of the following grades, the fol lowing tolerances, by count, based on a minimum 50-count sample, except when packages contain less than 50 fruit, a minimum 25-count sample shall be examined, (when packages contain less than 25 fruit adjoining packages shall be opened to obtain the 25-count minimum sample), are provided as specified: (a) U.S. Fancy, U.S. Extra No. 1, and U.S. No. 1 grades—(1) For defects at ship ping point.1 8 percent for nectarines which fail to meet the requirements of the specified grade: Provided, That in cluded in this amount not more than 4 percent shall be allowed for defects causing serious damage, including in this latter amount not more than one half of 1 percent for nectarines which are affected by decay. (2) For defects en route or at destina tion. 12 percent for nectarines which fail to meet the requirements of the specified grade: Provided, That included in this amount, not more than the fol lowing percentages shall be allowed for defects listed: (i) 8 percent for permanent defects; (ii) 6 percent for defects causing seri ous damage, including therein not more than 4 percent for serious damage by permanent defects and not more than 2 percent for decay. (3) For color—(i) U.S. Fancy grade. 10 percent for nectarines in any lot which fail to meet the requirements of the grade. (ii) U.S. Extra No. 1 grade and when specified in connection with a grade. In dividual containers may contain not more than 10 percentage points less than the required percentage of nec tarines showing the amount of color specified for the grade: Provided, That the entire lot averages not less than the required percentage of nectarines showing the specified color for the grade. (b) U.S. No. 2 grade—(1) For defects at shipping point.1 8 percent for nectarines which fail to meet the requirements of the grade: Provided, That included in this amount, not more than 4 percent shall be allowed for sunscald, decay, or serious damage by insects or heat in jury, including in this latter amount not more than one-half of 1 percent for nectarines which are affected by decay. (2) For defects en route or at destina tion. 12 percent for nectarines which fail to meet the requirements of the grade: Provided, That included in this amount not more than the following percentages shall be allowed for defects listed: (i) 8 percent for permanent defects including therein not more than 4 per cent for sunscald, or serious damage by insects or heat injury; and (ii) 2 percent for decay. APPLICATION OF TOLERANCES § 51.3151 Application of tolerances. The contents of individual packages in the lot, based on sample inspection, are subject to the following limita tions: (a) A package may contain not more than double any specified tolerance ex cept that at least two defective speci mens may be permitted in any pack age: Provided, That the averages for the entire lot are within the tolerances specified for the grade. (b) [Reserved] STANDARD PACK § 51.3152 Standard pack. (a) Nectarines shall be fairly uniform in size and shall be packed in boxes, lugs, crates, or cartons and arranged according to the approved and recog nized methods. All such containers shall be tightly packed and well filled but the contents shall not show exces sive or unnecessary bruising resulting from overfilling. The nectarines in the shown face shall be reasonably rep resentative in size, color and quality of the contents of the container. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00516 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 507 Agricultural Marketing Service, USDA § 51.3156 (b) When packed in closed containers, the size shall be indicated by marking the container with the numerical count, the pack arrangement, or the minimum diameter or minimum and maximum diameters in terms of inches and not less than one-eighth fractions of inches, or a count-size based on equivalent tray pack size designations. (c) Boxes, lugs or cartons: (1) Nec tarines packed in containers equipped with cell compartments, cardboard fillers or molded trays shall be of the proper size for the cells, fillers, or molds in which they are packed, and the number of nectarines in the con tainer shall correspond to the count marked on the container. (2) In order to allow for variations in cident to proper packing, when packed in other types of packs in lugs, cartons, or boxes, the number of nectarines in the container may vary not more than two from the number marked on the container. (d) ‘‘Well filled’’ means that the nec tarines packed in loose or volume filled containers are packed within 1 inch of the top of the container. (e) ‘‘Fairly uniform in size’’ means that when the average diameter of nec tarines in any container is 2 inches or smaller not more than 5 percent, by count, of the nectarines in the con tainer shall be outside a diameter range of one-fourth inch; when the av erage diameter of nectarines in any container is over 2 inches not more than 5 percent, by count, of the nec tarines in the container shall be out side a diameter range of three-eighths inch. (f) Minimum size: When size is indi cated in terms of minimum diameter not more than 5 percent, by count, of the fruit in any container may be smaller than the size marked. (g) ‘‘Diameter’’ means the greatest dimension measured at right angles to a line from stem to blossom end of the fruit. (h) Tolerances. In order to allow for variations incident to proper sizing and packing, not more than 10 percent, by count, of the containers in any lot may fail to meet the requirements for standard pack. DEFINITIONS § 51.3153 Mature. ‘‘Mature’’ means that the nectarine has reached the stage of growth which will insure a proper completion of the ripening process. § 51.3154 Well formed. ‘‘Well formed’’ means that the nec tarine has the shape characteristic of the variety and that bumps or other roughness do not materially detract from the appearance. § 51.3155 Clean. ‘‘Clean’’ means that the fruit is prac tically free from dirt and other foreign material. § 51.3156 Injury. ‘‘Injury’’ means any specific defect defined in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which more than slightly detracts from the appear ance, or the edible or marketing qual ity of the fruit. The following specific defects shall be considered as injury: (a) Growth cracks: (1) When not healed; (2) When more than one in number; (3) When more than one-eighth inch in depth; or, (4) When more than one-eighth inch in length. (b) Heat injury, sprayburn or sunburn when the normal color of the skin or flesh is more than slightly changed, or when any indentation is present; (c) Scab or bacterial spot when cracked, or when the aggregate area exceeds that of a circle one-eighth inch in diameter on a fruit 2 inches in di ameter or smaller; or when the aggre gate area exceeds that of a circle one fourth inch in diameter on a fruit larg er than 2 inches in diameter; (d) Scale or scale marks when more than one large scale or scale mark or when more than three scales or scale marks of any size are present; (e) Split pit when causing any unhealed crack, or when healed and ag gregating more than one-fourth inch in length, or when affecting the shape to the extent that the fruit is not well formed; VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00517 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 508 7 CFR Ch. I (1–1–17 Edition) § 51.3157 (f) Drought spots or external gum spots which have an aggregate area ex ceeding that of a circle one-eighth inch in diameter; (g) Scars, including those caused by hail, when the surface of the fruit is de pressed more than one-sixteenth inch or when not light in color, or when not smooth, or when exceeding any of the following aggregate areas, or a com bination of two or more types of scars the seriousness of which exceeds the maximum allowed for any one type: (1) Light colored, smooth scars when the area exceeds that of a circle one fourth inch in diameter on a fruit 2 inches in diameter or smaller; or when the area exceeds that of a circle one half inch in diameter on a fruit larger than 2 inches in diameter; (2) Twig or limb scratches which are not well healed or which have an aggre gate length of more than one-fourth inch; and (h) Russeting which exceeds any of the following aggregate areas of any one type of russeting, or a combination of two or more types of russeting the seriousness of which exceeds the max imum allowed for any one type: (1) Rough or slightly rough russeting when the area exceeds that of a circle one-eighth inch in diameter on a fruit 2 inches in diameter or smaller; or when the area exceeds that of a circle one-fourth inch in diameter on a fruit larger than 2 inches in diameter; (2) Fairly smooth or smooth russeting or staining when the area ex ceeds 10 percent of the fruit surface: Provided, That speckling characteristic of certain varieties shall not be consid ered as russeting or discoloration. § 51.3157 Damage. ‘‘Damage’’ means any specific defect defined in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materi ally detracts from the appearance, or the edible or marketing quality of the fruit. The following specific defects shall be considered as damage: (a) Growth cracks: (1) When not healed; (2) When more than one in number; (3) When more than one-eighth inch in depth; (4) When more than three-eighths inch in length if within the stem cav ity; or, (5) When more than one-fourth inch in length if outside of the stem cavity; (b) Heat injury, sprayburn or sun burn: (1) When the skin is blistered, cracked, or decidedly flattened; (2) When the normal color of the skin or flesh has materially changed; (3) When there is more than one in dentation; or, (4) When an indentation exceeds three-sixteenths inch in diameter; (c) Scab or bacterial spot when cracked, or when the aggregate area exceeds that of a circle one-fourth inch in diameter on a fruit 2 inches in di ameter or smaller; or when the aggre gate area exceeds that of a circle three eighths inch in diameter on a fruit larger than 2 inches in diameter; (d) Scale or scale marks when the ag gregate area exceeds that of a circle one-fourth inch in diameter; (e) Drought spots or external gum spots which have an aggregate area ex ceeding that of a circle one-fourth inch in diameter; (f) Scars, including those caused by hail, when the surface of the fruit is de pressed more than one-sixteenth inch, or when exceeding any of the following aggregate areas, or a combination of two or more types of scars the serious ness of which exceeds the maximum al lowed for any one type: (1) Dark or rough scars when the area exceeds that of a circle one-fourth inch in diameter on a fruit 2 inches in di ameter or smaller; or when the aggre gate area exceeds that of a circle three eighths inch in diameter on a fruit larger than 2 inches in diameter; (2) Fairly light colored, fairly smooth scars when the area exceeds that of a circle one-half inch in diameter on a fruit 2 inches in diameter or smaller; or when the area exceeds that of a circle five-eighths inch in diameter on a fruit larger than 2 inches in diameter; (3) Light colored, smooth scars when the area exceeds that of a circle three fourths inch in diameter on a fruit 2 inches in diameter or smaller; or when the area exceeds that of a circle seven eighths inch in diameter on a fruit larger than 2 inches in diameter; VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00518 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 509 Agricultural Marketing Service, USDA § 51.3159 (4) Twig or limb scratches which are not well healed or which have an aggre gate length of more than one-half inch; and (g) Russeting which exceeds any of the following aggregate areas of any one type of russeting, or a combination of two or more types of russeting the seriousness of which exceeds the max imum allowed for any one type: (1) Rough russeting when the area ex ceeds that of a circle one-fourth inch in diameter on a fruit 2 inches in diame ter or smaller; or when the area ex ceeds that of a circle one-half inch in diameter on a fruit larger than 2 inches in diameter; (2) Slightly rough russeting when the area exceeds that of a circle five eighths inch in diameter on a fruit 2 inches in diameter or smaller; or when the area exceeds that of a circle three fourths inch in diameter on a fruit larger than 2 inches in diameter; (3) Fairly smooth or smooth russeting when the area exceeds 15 per cent of the fruit surface: Provided, That discoloration occurring as yellow to brown staining of the skin shall not be considered as russeting and shall be considered as causing damage only when materially detracting from the appearance of the nectarine, and that speckling characteristic of certain va rieties shall not be considered as russeting or discoloration. § 51.3158 Badly misshapen. ‘‘Badly misshapen’’ means that the nectarine is so decidedly deformed that its appearance is seriously affected. § 51.3159 Serious damage. ‘‘Serious damage’’ means any specific defect defined in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects which se riously detracts from the appearance or the edible or marketing quality of the fruit. The following specific defects shall be considered as serious damage: (a) Growth cracks: (1) When not healed and more than one-eighth inch in length or depth; (2) When healed and more than three sixteenths inch in depth; (3) When healed and aggregating more than five-eighths inch in length if within the stem cavity; or, (4) When healed and aggregating more than one-half inch in length if outside of the stem cavity; (b) Heat injury, sprayburn or sun burn: (1) When the skin is blistered, cracked, or decidedly flattened; (2) When causing any dark discolora tion of the flesh; (3) When there are more than two in dentations; (4) When the aggregate area of inden tations exceeds that of a circle three eighths inch in diameter; or, (5) When causing noticeable brownish or darker discoloration over more than one-fourth of the fruit surface; (c) Scab or bacterial spot when the aggregate area exceeds that of a circle one-half inch in diameter on a fruit 2 inches in diameter or smaller; or when the aggregate area exceeds that of a circle three-fourths inch in diameter on a fruit larger than 2 inches in di ameter; (d) Scale or scale marks when the ag gregate area exceeds that of a circle three-eighths inch in diameter; (e) Split pit when causing any unhealed crack or when healed and ag gregating more than three-eighths inch in length, or when affecting the shape to the extent that the fruit is badly misshapen; (f) Drought spots or external gum spots which have an aggregate area ex ceeding that of a circle one-half inch in diameter; (g) Scars, including those caused by hail, when the surface of the fruit is de pressed more than three-sixteenths inch, or when exceeding any of the fol lowing aggregate areas, or a combina tion of two or more types of scars the seriousness of which exceeds the max imum allowed for any one type: (1) Dark or rough scars when the area exceeds that of a circle three-fourths inch in diameter on a fruit 2 inches in diameter or smaller; or when the area exceeds that of a circle one inch in di ameter on fruit larger than 2 inches in diameter; (2) Scars which are not dark or rough when the area exceeds one-fourth of the fruit surface; VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00519 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 510 7 CFR Ch. I (1–1–17 Edition) § 51.3160 (h) Russeting which exceeds any of the following aggregate areas of any one type of russeting, or a combination of two or more types of russeting the seriousness of which exceeds the max imum allowed for any one type: (1) Rough or slightly rough russeting when the area exceeds 10 percent of the fruit surface; or (2) Fairly smooth or smooth russeting when the area exceeds 50 per cent of the fruit surface: Provided, That discoloration occurring as yellow to brown staining of the skin shall not be considered russeting and shall be con sidered as causing serious damage only when seriously detracting from the ap pearance of the nectarine, and that speckling characteristic of certain va rieties shall not be considered as russeting or discoloration. (i) Soft or overripe nectarines; (j) Nectarines affected by decay; (k) Unhealed broken skins except those associated with growth cracks; and, (l) Wormy fruit or worm holes. METRIC CONVERSION TABLE § 51.3160 Metric conversion table. Inches Millime-ters (mm) 1/8 equals .............................................................. 3.2 1/4 equals .............................................................. 6.4 3/8 equals .............................................................. 9.5 1/2 equals .............................................................. 12.7 5/8 equals .............................................................. 15.9 3/4 equals .............................................................. 19.1 7/8 equals .............................................................. 22.2 1 equals ................................................................. 25.4 1–1/4 equals .......................................................... 31.8 1–1/2 equals .......................................................... 38.1 1–3/4 equals .......................................................... 44.5 2 equals ................................................................. 50.8 3 equals ................................................................. 76.2 4 equals ................................................................. 101.6 Subpart—United States Standards for Grades of Bermuda Granex-Grano Type Onions SOURCE: 60 FR 46980, Sept. 8, 1995, unless otherwise noted. GRADES § 51.3195 U.S. No. 1. U.S. No. 1 consists of onions which meet the following requirements: (a) Basic requirements: (1) Similar varietal characteristics, except color when designated as a spe cialty or mixed pack; (2) Mature; (3) Fairly firm; and, (4) Fairly well shaped. (b) Free from: (1) Decay; (2) Wet sunscald; (3) Doubles; and, (4) Bottlenecks. (c) Free from damage caused by: (1) Seedstems; (2) Splits; (3) Dry sunken areas; (4) Sunburn; (5) Sprouting; (6) Staining; (7) Dirt or foreign material; (8) Mechanical; (9) Tops; (10) Roots; (11) Translucent scales; (12) Watery scales; (13) Moisture; (14) Disease; (15) Insects; and, (16) Other means. (d) For size and tolerances see §§ 51.3198 and 51.3199. [60 FR 46980, Sept. 8, 1995, as amended at 79 FR 63294, Oct. 23, 2014] § 51.3196 U.S. Combination. U.S. Combination consists of a com bination of U.S. No. 1 and U.S. No. 2 onions: Provided, That at least 50 per cent, by weight, of the onions in each lot meet the requirements of U.S. No. 1 grade. (See §§ 51.3198 and 51.3199.) § 51.3197 U.S. No. 2. U.S. No. 2 consists of onions which meet the following requirements: (a) Basic requirements: (1) Similar varietal characteristics, except color when designated as a spe cialty or mixed pack; (2) Not soft or spongy. (b) Free from: (1) Decay; (2) Wet sunscald; and, (3) Bottlenecks. (c) Free from serious damage caused by: (1) Seedstems; (2) Dry sunken areas; (3) Sprouting; (4) Staining; VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00520 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 511 Agricultural Marketing Service, USDA § 51.3201 (5) Dirt or other foreign material; (6) Mechanical; (7) Watery scales; (8) Insects; (9) Disease; and, (10) Other means. (d) For size and tolerances see §§ 51.3198 and 51.3199. [60 FR 46980, Sept. 8, 1995, as amended at 79 FR 63295, Oct. 23, 2014] SIZE CLASSIFICATIONS § 51.3198 Size classifications. Size shall be specified in connection with the grade in terms of minimum diameter, range in diameter, minimum diameter with a percentage of a certain size or larger, or in accordance with one of the size classifications listed below: Provided, that unless otherwise specified, onions shall not be less than 11⁄2 inches in diameter, with 60 percent or more 2 inches or larger in diameter. Size designation Minimum diameter Maximum diameter Inches Millimeters Inches Millimeters Small ..................................................................................................... 1 25.4 21⁄4 57.2 Repacker/Prepacker 1 ........................................................................... 13⁄4 44.5 3 76.2 Medium .................................................................................................. 2 50.8 31⁄4 82.6 Large or Jumbo ..................................................................................... 3 76.2 (2) Colossal ................................................................................................. 33⁄4 95.3 (2) 1 In addition to the sizes specified, a lot of onions designated as Repacker or Prepacker shall contain at least 60 percent or more 2 inches or larger in diameter. 2 No requirement. TOLERANCES § 51.3199 Tolerances. In order to allow for variations inci dent to proper grading and handling in each of the foregoing grades the fol lowing tolerances, by weight, are pro vided as specified: (a) For defects: (1) U.S. No. 1 and U.S. No. 2 grades. Not more than 10 percent of the onions in a lot may fail to meet the require ments of these grades, but not more than one-fifth of this tolerance, or 2 percent, may be allowed for onions which are affected by decay or wet sunscald. (2) U.S. Combination grade. When ap plying the foregoing tolerances to this grade no part of any tolerance shall be allowed to reduce, for the lot as a whole, the 50 percent of onions of the U.S. No. 1 grade, but individual con tainers shall have not less than 40 per cent of the U.S. No. 1 grade. (b) For size: (1) Not more than 5 percent of the on ions in a lot may be smaller than the minimum diameter specified. In addi tion, not more than 10 percent of the onions in a lot may be larger than the maximum diameter specified. (2) When a percentage of the onions is specified to be a certain size and larger, individual packages containing more than 10 pounds may have not less than one-half of the percentage specified: Provided, that the entire lot averages within the percentage specified. SAMPLES FOR GRADE AND SIZE DETERMINATION § 51.3200 Samples for grade and size determination. Individual samples shall consist of at least 20 pounds for onions packed to meet larger than 21⁄4 inches maximum diameter. When individual packages contain 20 pounds or more and the on ions are packed for Large or Jumbo size or larger the package shall be the sample. When individual packages con tain less than 20 pounds, a sufficient number of adjoining packages are opened to provide at least a 20 pound sample, except that for onions packed to meet 21⁄4 inches maximum diameter or smaller, the sample may consist of either 20 pounds or the individual pack age. APPLICATION OF TOLERANCES § 51.3201 Application of tolerances. Individual samples are subject to the following limitations: VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00521 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 512 7 CFR Ch. I (1–1–17 Edition) § 51.3202 (a) Samples which contain more than 20 pounds shall have not more than one and one half times a specified tolerance of 10 percent or more, and not more than double a specified tolerance of less than 10 percent, except that at least one defective and one off-size onion may be permitted in any sample: Provided, that en-route or at destina tion when onions in containers of 50 pounds or more are packed to a min imum size of 3 inches or larger not more than three onions or more than 4 percent (whichever is the larger amount) may be affected by decay or wet sunscald: And provided further, that the averages for the entire lot are within the tolerances specified for the grade; and, (b) Samples which contain 20 pounds or less shall have not more than double the tolerance specified, except that at least one defective and one off-size onion may be permitted in any sample: Provided, that the averages for the en tire lot are within the tolerances speci fied for the grade. DEFINITIONS § 51.3202 Similar varietal characteris tics. Similar varietal characteristics means that the onions in any container are similar in color, shape and character of growth. § 51.3203 Mature. Mature means that the onion is fairly well cured, and at least fairly firm. § 51.3204 Fairly firm. Fairly firm means that the onion may yield slightly to moderate pressure but is not appreciably soft or spongy. § 51.3205 Fairly well shaped. Fairly well shaped means that the onion shows the characteristic shape, not appreciably three-, four- or five sided, thick necked or badly pinched. § 51.3206 Wet sunscald. Wet sunscald means any sunscald which is soft, mushy, sticky or wet. § 51.3207 Doubles. Doubles means onions which have de veloped more than one distinct bulb joined only at the base. § 51.3208 Bottlenecks. Bottlenecks means onions which have abnormally thick necks with only fair ly well developed bulbs. § 51.3209 Damage. Damage unless otherwise specifically defined in this section, means any de fect which materially affects the ap pearance, or the edible or shipping quality of the onions. Any one of the following defects, or combination of de fects the seriousness of which exceeds the maximum allowed for any one de fect, shall be considered as damage: (a) Seedstems which are tough or woody, or which are more than 1⁄4 inch in diameter; (b) Splits when well cured onions are not practically covered by an outer scale, or when fairly well cured onions are not completely covered by one outer scale; (c) Dry sunken areas when the af fected areas exceed the equivalent to that of a circle 1⁄2 inch in diameter on an onion 23⁄4 inches in diameter which does not have the outer papery scale covering the affected areas or when the affected areas exceed the equivalent to that of a circle 3⁄4 inch in diameter on an onion 23⁄4 inches in diameter which has the outer papery scale covering the affected areas. Correspondingly lesser or greater areas are allowed on smaller or larger onions; (d) Sunburn when dark green in color and affecting an area equivalent to that of a circle 1 inch in diameter on an onion 23⁄4 inches in diameter or cor respondingly smaller or larger areas on smaller or larger onions, or when me dium to light green in color and affect ing more than 10 percent of the surface of the onion; (e) Sprouting when any sprout is visi ble, or when concealed within the neck scales and are more than 3⁄4 inch in length on an onion 2 inches or larger in diameter, or proportionately shorter on smaller onions; (f) Staining, dirt or other foreign ma terial when more than 20 percent of the onions in a yellow, brown or red lot, or VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00522 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 513 Agricultural Marketing Service, USDA § 51.3410 1 Compliance with the provisions of these standards shall not excuse failure to comply with provisions of applicable Federal or State laws. more than 15 percent of the onions in a white lot are appreciably stained. On ions with adhering dirt or other foreign matter shall be judged on the same basis as stained onions; (g) Mechanical when any cut extends deeper than one fleshy scale, or when any bruise breaks a fleshy scale; (h) Tops when more than 30 percent of the onions in a lot have tops 3 inches or more in length; (i) New roots when most roots on an individual onion have grown to a length of 1 inch or more; (j) Dry roots when practically all roots are 2 inches or more in length; (k) Translucent scales when more than the equivalent of two entire outer fleshy scales have a watersoaked condi tion; and, (l) Watery scales when more than the equivalent of the entire outer fleshy scale is affected by an off-color, watersoaked condition. The off-color must be of some shade of brown or yel low. § 51.3210 Serious damage. Serious damage unless otherwise spe cifically defined in this section, means any defect which seriously affects the appearance, or the edible or shipping quality of the onions. Any one of the following defects, or any combination of defects the seriousness of which ex ceeds the maximum allowed for any one defect, shall be considered as seri ous damage: (a) Seedstems when more than 1⁄2 inch in diameter; (b) Dry sunken areas when extending deeper than one fleshy scale, or when affecting an area equivalent to that of a circle 1 inch in diameter on an onion 23⁄4 inches in diameter, or correspond ingly lesser or greater areas on smaller or larger onions; (c) Sprouting when any visible sprout is more than 1⁄2 in length; (d) Staining, dirt or foreign material when more than 25 percent of the on ions in any lot are badly stained. On ions with adhering dirt or other foreign matter shall be judged on the same basis as stained onions; (e) Mechanical when any cut extends deeper than two fleshy scales, or when cuts seriously damage the appearance of the onion; and, (f) Watery scales when more than the equivalent of two entire outer fleshy scales are affected by an off-colored, watersoaked condition. The off-color must be of some shade of brown or yel low. § 51.3211 Diameter. Diameter means the greatest dimen sion of the onion at right angles to a line running from the stem to the root. METRIC CONVERSION TABLE § 51.3212 Metric conversion table. Inches Millimeters (mm) 1⁄8 ....................................................................... 3.2 1⁄4 ....................................................................... 6.4 3⁄8 ....................................................................... 9.5 1⁄2 ....................................................................... 12.7 5⁄8 ....................................................................... 15.9 3⁄4 ....................................................................... 19.1 7⁄8 ....................................................................... 22.2 1 ......................................................................... 25.4 11⁄4 ..................................................................... 31.8 11⁄2 ..................................................................... 38.1 13⁄4 ..................................................................... 44.5 2 ......................................................................... 50.8 21⁄2 ..................................................................... 63.5 23⁄4 ..................................................................... 69.9 3 ......................................................................... 76.2 31⁄2 ..................................................................... 88.9 4 ......................................................................... 101.6 Subpart—United States Standards for Grades of Potatoes for Processing 1 SOURCE: 48 FR 10802, Mar. 15, 1983, unless otherwise noted. § 51.3410 Grades. (a) ‘‘U.S. No. 1 Processing’’ consists of potatoes which meet the following requirements: (1) Basic requirements: (i) Similar varietal characteristics; (ii) Moderately firm; and, (iii) Fairly well shaped. (2) Free from: (i) Freezing or freezing injury; (ii) Blackheart; (iii) Late Blight Tuber Rot; (iv) Southern Bacterial Wilt; (v) Bacterial Ring Rot; (vi) Insects, worms or larvae; VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00523 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 514 7 CFR Ch. I (1–1–17 Edition) § 51.3411 (vii) Soft rot and wet breakdown; and, (viii) Loose sprouts, dirt and foreign material. (3) Free from damage by any cause. (4) Size. Unless otherwise specified, individual potatoes shall be not less than 2 inches in diameter or 4 ounces in weight. Percentage(s) of a larger size(s) and/or a maximum size may be specified. (b) ‘‘U.S. No. 2 Processing’’ consists of potatoes or usable pieces of potatoes which meet the following require ments: (1) Basic requirements: (i) Similar varietal characteristics; (ii) Moderately firm; and, (iii) Not seriously misshapen. (2) Free from: (i) Freezing or freezing injury; (ii) Blackheart; (iii) Late Blight Tuber Rot; (iv) Southern Bacterial Wilt; (v) Bacterial Ring Rot; (vi) Insects, worms or larvae; (vii) Soft rot and wet breakdown; and, (viii) Loose sprouts, dirt and foreign material. (3) Free from serious damage by any cause. (4) Size. Unless otherwise specified, whole potatoes shall be not less than 11⁄2 inches in diameter, or usable pieces shall be not less than 4 ounces in weight. Percentage(s) of a larger size(s) and/or maximum size may be specified. § 51.3411 Usable piece. ‘‘Usable Piece’’ means that portion of the potato remaining after trimming, or as it occurs in the sample: (a) Not have any unusable material; (b) Unless otherwise specified, weigh at least 4 ounces; and, (c) Must have at least 50% of peel re maining after trimming. § 51.3412 Unusable material. ‘‘Unusable Material’’ consists of de fective portions of potatoes, and pota toes which are frozen, affected by freez ing injury, soft rot, wet breakdown, in sects, worms, larvae, Blackheart, Late Blight Tuber Rot, Southern Bacterial Wilt, Bacterial Ring Rot, or which are seriously damaged by internal defects. § 51.3413 Size. (a) The minimum size, maximum size or range in size may be specified in connection with the grade in terms of diameter or weight. (b) Diameter means the greatest di mension in terms of inches or fractions of an inch measured at right angles to the longitudinal axis, without regard to the position of the stem-end. (c) Weight means the minimum or maximum weight measured in terms of whole ounces. When a maximum weight is specified, the potato shall not be considered as oversize until it weighs the next higher ounce. § 51.3414 Application of standards. In the application of these standards to determine the percentages of pota toes in any lot which meet the require ments of the respective grades or size categories, tolerances do not apply. However, for lots which are graded or pre-sorted for size or quality, offered for inspection and required to meet one of the grades, the following tolerances, by weight, are provided: (a) For defects: (1) U.S. No. 1 Processing. 10 percent for potatoes which fail to meet the re quirements of this grade including not more than one-half of this tolerance, or 5 percent, for serious damage by any means, including therein not more than 2 percent for potatoes which are frozen or affected by soft rot or wet breakdown. (2) U.S. No. 2 Processing. 10 percent for potatoes which fail to meet the re quirements of this grade including not more than one-half of this tolerance, or 5 percent, for potatoes which are seri ously damaged by internal defects oc curring entirely within the vascular ring, including therein not more than 2 percent for potatoes which are frozen or affected by soft rot or wet break down. (b) For loose sprouts, dirt and foreign material: 2 percent. (c) For off-size: (1) Undersize. 3 percent when the min imum size specified is less than 21⁄4 inches in diameter or less than 5 ounces in weight; and 5 percent when the minimum size specified is 21⁄4 inches or more in diameter or 5 ounces or more in weight. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00524 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 515 Agricultural Marketing Service, USDA § 51.3416 2 USDA Visual Aid, POT-L 1 Jan 81. This publication may be examined in the Fruit and Vegetable Division, Fresh Products Branch, AMS, U.S. Department of Agri culture, South Building, Washington, DC 20250, or any field office of the Fresh Fruit and Vegetable Inspection Service. Copies of this visual aid may be purchased from the John Henry Company, P.O. Box 17099, Lan sing, MI 48901 or United Fresh Fruit and Veg etable Association, N. Washington at Madi son, Alexandria, VA 22314. (2) Oversize. 10 percent. § 51.3415 Definitions. Similar varietal characteristics means that the potatoes in any lot have the same general shape, color, and char acter of skin and color of flesh. Fairly well shaped means that the po tato is not materially pointed, dumb bell-shaped, or otherwise deformed. 2 Moderately firm means that the po tato is not seriously shriveled or flabbly. 2 Not seriously misshapen means that the potato is not seriously deformed and causing more than 10% waste when determining the non-peelable area di rectly due to shape. Soft rot or wet breakdown means any soft, mushy or leaky condition of the tissue such as Leak, slimy soft rot, wet type Fusarium Tuber Rot, or wet breakdown following freezing injury or heat injury. Loose sprouts, dirt and foreign material means unattached sprouts or sprouts that become detached during the grad ing of the sample, stems, vines, adher ing dirt, loose dirt, stones, trash and other extraneous material. Damage means any defect listed in § 51.3416, or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which cannot be removed without a loss of more than 5 percent of the total weight of the potato. Serious Damage means any defect list ed in § 51.3416, or an equally objection able variation of any of these defects, any other defect, or any combination of defects, which cannot be removed without a loss of more than 10 percent of the total weight of the potato. External Defects are defects which can be detected externally. Cutting may be required to determine the extent of the injury. Internal Defects are defects which cannot be detected without cutting the potato. § 51.3416 Classification of defects. EXTERNAL DEFECTS Defects Maximum allowed for U.S. No. 1 processing Maximum allowed for U.S. No. 2 processing Air cracks .............. 5% waste ............. 10% waste. Blackleg ................ 5% waste ............. 10% waste. Bruises .................. 5% waste ............. 10% waste Cuts ...................... Smooth, not more than 10% of sur face. Smooth, not more than 1⁄3 of sur face. Enlarged lenticels, discolored or sunken. 5% waste ............. 10% waste. Flea Beetle ........... 5% waste ............. 10% waste Folded end ........... 5% waste ............. 10% waste. Fusarium tuber rot 5% waste ............. 10% waste. Grass, wireworm .. 5% waste ............. 10% waste. Greening, light ...... 5% waste ............. 10% waste. Growth cracks ...... See Footnote No. 2. 10% waste. Grub ...................... 5% waste ............. 10% waste. Ingrown sprouts .... 5% waste ............. 10% waste. Nematodes ........... 5% waste ............. 10% waste. Rhizoctonia, solid or thick mounded. Not more than 10% of surface. Not more than 25% of surface. Rodent, bird dam age. 5% waste ............. 10% waste. Scab, pitted .......... 5% waste ............. 10% waste. Scab, russet ......... 25% of surface or 5% waste. 50% of surface or 10% waste. Scab, surface ....... 25% of surface or 5% waste. 50% of surface or 10% waste. Scab, surface (ele phant hide).. 10% of surface or 5% waste. 25% of surface or 10% waste. Second growth ..... 5% waste ............. 10% waste. Scaling, surface cracks—when cracked, thick and has depth. 10% of surface or 5% waste. 25% of surface or 10% waste. Sunburn ................ 5% waste ............. 10% waste. Sunken discolored areas. 5% waste ............. 10% waste. INTERNAL DEFECTS Defects Maximum allowed for U.S. No. 1 processing Maximum allowed for U.S. No. 2 processing Occurring outside of or not entirely confined to the vascular ring Internal Black Spot, Internal Discoloration, Vascular Brown ing, Fusarium Wilt, Net Necro sis, Other Necro sis, Stem End Browning. 5% waste ............. 10% waste. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00525 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 516 7 CFR Ch. I (1–1–17 Edition) § 51.3417 3 The hydrometer is available from the Po tato Chip/Snack Food Association, Crystal Square-3, Suite 903, 1735 Jefferson Davis Highway, Arlington, VA 22202. INTERNAL DEFECTS—Continued Defects Maximum allowed for U.S. No. 1 processing Maximum allowed for U.S. No. 2 processing Occurring entirely within the vascular ring Hollow Heart or Hollow Heart with Discolora tion. Area affected not to exceed that of a circle 7⁄8 inch in diameter in a 10 ounce po tato. 1. Area affected not to exceed that of a circle 11⁄4 inches in diame ter in a 10 ounce potato. 1 Light Brown Dis coloration (Brown Center). Area affected not to exceed that of a circle 7⁄8 inch in diameter in a 10 ounce po tato. 1. Area affected not to exceed that of a circle 11⁄4 inches in diame ter in a 10 ounce potato. 1 Internal Brown Spot and similar discoloration (Heat Necrosis). Not more than the equivalent of 3 scattered spots 1⁄8 inch in di ameter in a po tato 6 ounces in weight or 21⁄2 inches in diame ter, or cor respondingly lesser or greater number of spots in smaller or larger potatoes. Not more than the equivalent of 6 scattered spots 1⁄8 inch in di ameter in a po tato 6 ounces in weight or 21⁄2 inches in diame ter or cor respondingly lesser or greater number of spots in smaller or larger potatoes. 1 Note: Or correspondingly lesser or greater areas in small er or larger potatoes. § 51.3417 Optional test for specific gravity. Tests to determine specific gravity shall be made in accordance with the procedures set forth in this section. (a) The potatoes used for such deter minations shall be: (1) Taken at random from a com posite sample drawn from containers representative of the lot. (2) A comparable sample from a bulk load or storage bin. (3) From a portion of the divided sample initially drawn or submitted for determination of grade or contract compliance. (4) Representative of the lot with re spect to size and quality. The specific gravity for any lot of pota toes shall be the average of at least 3 corrected readings on separate tests from the composite sample. Specific gravity may also be determined, if re quested, in accordance with size classi fications or weighted value in propor tion to size and/or grade separations in the lot. (b) Specific gravity shall be deter mined by either; (1) Calculation from the weights of the sample in air and in water made with USDA approved equipment. The reading obtained from each test shall be corrected for temperature variations using Table I. (2) A hydrometer specifically de signed for determining the specific gravity of potatoes. 3 The pulp temperature of the potatoes and the temperature of water shall be recorded immediately before testing and the specific gravity reading cor rected using Table I. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00526 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 517 Agricultural Marketing Service, USDA § 51.3417 T A B L E I— C O R R E C T IO N F A C T O R S F O R S P E C IF IC G R A V IT Y O F P O T A T O E S 4 [C o rr e ct e d t o z e ro a t 5 0 ° F p o ta to t e m p e ra tu re a n d 5 0 ° F w a te r te m p e ra tu re ] W a te r te m p e ra tu re ( d e g re e s F a h re n h e it) 3 8 ° 4 0 ° 4 5 ° 5 0 ° 5 5 ° 6 0 ° 6 5 ° 7 0 ° 7 5 ° 8 0 ° P o ta to t e m p e ra tu re : 3 8 ° .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ¥ 0 .0 0 2 1 ¥ 0 .0 0 2 0 ¥ 0 .0 0 1 8 ¥ 0 .0 0 1 8 ¥ 0 .0 0 2 0 ¥ 0 .0 0 2 3 ¥ 0 .0 0 2 9 ¥ 0 .0 0 3 8 ¥ 0 .0 0 4 7 ¥ 0 .0 0 5 6 4 0 ° .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ¥ .0 0 1 7 ¥ .0 0 1 6 ¥ .0 0 1 4 ¥ .0 0 1 4 ¥ .0 0 1 6 ¥ .0 0 1 9 ¥ .0 0 2 5 ¥ .0 0 3 4 ¥ .0 0 4 3 ¥ .0 0 5 2 4 5 ° .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ¥ .0 0 0 9 ¥ .0 0 0 8 ¥ .0 0 0 8 ¥ .0 0 0 6 ¥ .0 0 0 8 ¥ .0 0 1 1 ¥ .0 0 1 7 ¥ .0 0 2 6 ¥ .0 0 3 5 ¥ .0 0 4 4 5 0 ° .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ¥ .0 0 0 3 ¥ .0 0 0 2 0 0 0 0 0 0 0 0 ¥ .0 0 0 2 ¥ .0 0 0 5 ¥ .0 0 1 1 ¥ .0 0 2 0 ¥ .0 0 2 9 ¥ .0 0 3 8 5 5 ° .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. + .0 0 0 1 + .0 0 0 2 + .0 0 0 4 + .0 0 0 4 + .0 0 0 2 ¥ .0 0 0 1 ¥ .0 0 0 7 ¥ .0 0 1 6 ¥ .0 0 2 5 ¥ .0 0 3 4 6 0 ° .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. + .0 0 0 4 + .0 0 0 5 + .0 0 0 7 + .0 0 0 7 + .0 0 0 5 + .0 0 0 2 ¥ .0 0 0 4 ¥ .0 0 1 3 ¥ .0 0 2 2 ¥ .0 0 3 1 6 5 ° .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. + .0 0 0 5 + .0 0 0 6 + .0 0 0 8 + .0 0 0 8 + .0 0 0 6 + .0 0 0 3 ¥ .0 0 0 3 ¥ .0 0 1 2 ¥ .0 0 2 1 ¥ .0 0 3 0 7 0 ° .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. + .0 0 0 6 + .0 0 0 7 + .0 0 0 9 + .0 0 0 9 + .0 0 0 7 + .0 0 0 4 ¥ .0 0 0 2 ¥ .0 0 1 1 ¥ .0 0 2 0 ¥ .0 0 2 9 7 5 ° .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. + .0 0 0 7 + .0 0 0 8 + .0 0 1 0 + .0 0 1 0 + .0 0 0 8 + .0 0 0 5 ¥ .0 0 0 1 ¥ .0 0 1 0 ¥ .0 0 1 9 ¥ .0 0 2 8 8 0 ° .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. + .0 0 0 8 + .0 0 0 9 + .0 0 1 1 + .0 0 1 1 + .0 0 0 9 + .0 0 0 6 0 0 0 0 ¥ .0 0 0 9 ¥ .0 0 1 8 ¥ .0 0 2 7 8 5 ° .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. + .0 0 0 9 + .0 0 1 0 + .0 0 1 2 + .0 0 1 2 + .0 0 1 0 + .0 0 0 7 + .0 0 0 1 ¥ .0 0 0 8 ¥ .0 0 1 7 ¥ .0 0 2 6 9 0 ° .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. + .0 0 1 0 + .0 0 1 1 + .0 0 1 3 + .0 0 1 3 + .0 0 1 1 + .0 0 0 8 + .0 0 0 2 ¥ .0 0 0 7 ¥ .0 0 1 6 ¥ .0 0 2 5 9 5 ° .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. + .0 0 1 1 + .0 0 1 2 + .0 0 1 4 + .0 0 1 4 + .0 0 1 2 + .0 0 0 9 + .0 0 0 3 ¥ .0 0 0 6 ¥ .0 0 1 5 ¥ .0 0 2 4 1 0 0 ° .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. + .0 0 1 2 + .0 0 1 3 + .0 0 1 5 + .0 0 1 5 + .0 0 1 3 + .0 0 1 0 + .0 0 0 4 ¥ .0 0 0 5 ¥ .0 0 1 4 ¥ .0 0 2 3 4 T o a p p ly c o rr e ct io n f a ct o r, c h a n g e a ct u a l sp e ci fic g ra vi ty r e a d in g b y a d d in g o r su b tr a ct in g t h e a p p ro p ri a te f a ct o r a cc o rd in g t o t h e p lu s o r m in u s si g n . VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00527 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 518 7 CFR Ch. I (1–1–17 Edition) § 51.3418 5 Munsell Color Standards for Frozen French Fried Potatoes, Third Edition, 1972, 64–1, may be purchased from the Munsell Color Co., 2441 North Calvert St., Baltimore, MD 21218. When requested to convert the weight in water of 5000 gram samples used in the weight in air versus weight in water method of specific gravity deter minations, the conversion to total sol ids shall be based on Table II. TABLE II—SPECIFIC GRAVITY CONVERSION CHART FOR 5,000 GRAMS OF POTATOES Water weight Specific gravity Total solids 300 ............................................. 1.0638 17.2 310 ............................................. 1.0661 17.7 320 ............................................. 1.0684 18.2 322 ............................................. 1.0688 18.3 324 ............................................. 1.0693 18.4 326 ............................................. 1.0697 18.5 328 ............................................. 1.0702 18.6 330 ............................................. 1.0707 18.7 332 ............................................. 1.0711 18.8 334 ............................................. 1.0716 18.9 336 ............................................. 1.0720 19.0 338 ............................................. 1.0725 19.1 340 ............................................. 1.0730 19.2 342 ............................................. 1.0734 19.3 344 ............................................. 1.0739 19.4 346 ............................................. 1.0743 19.5 348 ............................................. 1.0748 19.6 350 ............................................. 1.0753 19.7 352 ............................................. 1.0757 19.8 354 ............................................. 1.0762 19.9 356 ............................................. 1.0766 20.0 358 ............................................. 1.0771 20.1 360 ............................................. 1.0776 20.2 362 ............................................. 1.0780 20.3 364 ............................................. 1.0785 20.4 366 ............................................. 1.0790 20.5 368 ............................................. 1.0794 20.6 370 ............................................. 1.0799 20.7 372 ............................................. 1.0804 20.8 374 ............................................. 1.0808 20.9 376 ............................................. 1.0813 21.0 378 ............................................. 1.0818 21.1 380 ............................................. 1.0822 21.2 382 ............................................. 1.0827 21.3 384 ............................................. 1.0832 21.4 386 ............................................. 1.0836 21.5 388 ............................................. 1.0841 21.6 390 ............................................. 1.0846 21.7 392 ............................................. 1.0851 21.8 394 ............................................. 1.0855 21.9 396 ............................................. 1.0860 22.0 398 ............................................. 1.0865 22.1 400 ............................................. 1.0870 22.2 402 ............................................. 1.0874 22.3 404 ............................................. 1.0879 22.4 406 ............................................. 1.0884 22.5 408 ............................................. 1.0888 22.6 410 ............................................. 1.0893 22.7 412 ............................................. 1.0898 22.8 414 ............................................. 1.0903 22.9 416 ............................................. 1.0908 23.0 418 ............................................. 1.0912 23.1 420 ............................................. 1.0917 23.2 422 ............................................. 1.0922 23.4 424 ............................................. 1.0926 23.5 426 ............................................. 1.0931 23.6 428 ............................................. 1.0936 23.7 430 ............................................. 1.0941 23.8 432 ............................................. 1.0946 23.9 440 ............................................. 1.0965 24.4 450 ............................................. 1.0989 24.9 TABLE II—SPECIFIC GRAVITY CONVERSION CHART FOR 5,000 GRAMS OF POTATOES— Continued Water weight Specific gravity Total solids 460 ............................................. 1.1013 25.4 470 ............................................. 1.1040 26.0 Whenever the recorded water weight for an individual reading falls between two sets of numbers as indicated in Table II, the next higher reading shall be used. § 51.3418 Optional test for fry color. Fry color may be determined in ac cordance with contract specifications by using the Munsell Color Standards for Frozen French Fried Potatoes, Third Edition, 1972, 64–1. 5 Select a min imum of twenty (20) potatoes at ran dom from the official sample. Slice each potato from stem to blossom-end into 1⁄2 square inch strips. Unless other wise specified, fry center cut strips in oil for a minimum of 3 minutes at 350 °F or 21⁄2 minutes at 375 °F. Subpart—United States Standards for Grades of Honey Dew and Honey Ball Type Melons SOURCE: 32 FR 3213, Feb. 24, 1967, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. GRADES § 51.3740 U.S. No. 1. ‘‘U.S. No. 1’’ consists of honey dew or honey ball type melons which are ma ture, firm, well formed, which are free from decay, and free from damage caused by dirt, aphis stain, rust spots, bruises, cracks, broken skin, sunscald, sunburn, hail, moisture, insects, dis ease, or other means. (See § 51.3744.) § 51.3741 U.S. Commercial. ‘‘U.S. Commercial’’ consists of honey dew or honey ball type melons which VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00528 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 519 Agricultural Marketing Service, USDA § 51.3748 meet the requirements of U.S. No. 1 grade except for the increased toler ances for defects. (See § 51.3744.) § 51.3742 U.S. No. 2. ‘‘U.S. No. 2’’ consists of honey dew or honey ball type melons which are ma ture, firm, fairly well formed, free from decay and free from serious damage by any cause. (See § 51.3744.) UNCLASSIFIED § 51.3743 Unclassified. ‘‘Unclassified’’ consists of melons which have not been classified in ac cordance with any of the foregoing grades. The term ‘‘unclassified’’ is not a grade within the meaning of these standards but is provided as a designa tion to show that no grade has been ap plied to the lot. TOLERANCES § 51.3744 Tolerances. In order to allow for variations inci dent to proper grading and handling in each of the foregoing grades, the fol lowing tolerances, by count, are pro vided as specified: (a) U.S. No. 1. 10 percent for melons in any lot which fail to meet the require ments of the grade: Provided, That not more than one-half of this amount, or 5 percent, shall be allowed for defects causing serious damage, including in this latter amount not more than 1 percent for melons affected by decay. (b) U.S. Commercial. 20 percent for melons in any lot which fail to meet the requirements of this grade: Pro vided, That not more than one-fourth of this amount, or 5 percent, shall be allowed for defects causing serious damage, including in this latter amount not more than 1 percent for melons affected by decay. (c) U.S. No. 2. 10 percent for melons in any lot which fail to meet the require ments of this grade including not more than 1 percent for melons affected by decay. APPLICATION OF TOLERANCES § 51.3745 Application of tolerances. The contents of individual packages in the lot, based on sample inspection, are subject to the following limita tions: (a) For a tolerance of 10 percent or more, individual packages shall have not more than 11⁄2 times the tolerance specified: Provided, That when the package contains 15 specimens or less, any individual package shall have not more than double the tolerance speci fied, except that at least one defective specimen may be permitted in any package: And provided further, That the averages for the entire lot are within the tolerances specified for the grade. (b) For a tolerance of less than 10 percent, individual packages in any lot shall have not more than double the tolerance specified, except that at least one defective specimen may be per mitted in any package: Provided, That the averages for the entire lot are within the tolerances specified for the grade. DEFINITIONS § 51.3746 Mature. Mature means that the melon has reached the stage of maturity which will insure the proper completion of the normal ripening process. § 51.3747 Well formed. Well formed means that the melon has the normal shape characteristic of the variety. § 51.3748 Damage. Damage means any specific defect de scribed in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materi ally detracts from the appearance, or the edible or marketing quality of the melon. (a) The following specific defects shall be considered as damage: (1) Sunburn which causes the rind to become brownish in color, hard, tough, or thin; and, (2) Bruising when the size or color of the affected area materially detracts from the appearance. (b) The following blemishes shall not be considered as damage: (1) Slight bruising caused by light pressure of the weight of other melons or from lidding of the crate; VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00529 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 520 7 CFR Ch. I (1–1–17 Edition) § 51.3749 1 Among such other processed food prod ucts are the following: Honey; molasses, ex cept for stockfeed; nuts and nut products, ex cept oil; sugar (cane, beet, and maple); sirups (blended), sirups, except from grain; tea; cocoa; coffee; spices; condiments. (2) Yellow spots; (3) Superficial hail spots; (4) Slight surface scratches caused by picking or packing; or, (5) Netting, either raised or occurring as very shallow cracks in the skin. § 51.3749 Serious damage. Serious damage means any defect or any combination of defects which seri ously detracts from the appearance, or the edible or marketing quality of the melon. PART 52—PROCESSED FRUITS AND VEGETABLES, PROCESSED PROD UCTS THEREOF, AND CERTAIN OTHER PROCESSED FOOD PROD UCTS 1 NOTE: Compliance with the provisions of the standards set forth in this part shall not excuse failure to comply with the provisions of the Federal Food, Drug, and Cosmetic Act (or with applicable State laws and regula tions). Subpart—Regulations Governing Inspection and Certification Sec. 52.1 Administration of regulations. DEFINITIONS 52.2 Terms defined. 52.3 Designation of official certificates, memoranda, marks, other identifica tions, and devices for purposes of the Ag ricultural Marketing Act. INSPECTION SERVICE 52.4 Where inspection service is offered. 52.5 Who may obtain inspection service. 52.6 How to make application. 52.7 Information required in connection with application. 52.8 Filing of application. 52.9 Record of filing time. 52.10 When application may be rejected. 52.11 When application may be withdrawn. 52.12 Disposition of inspected sample. 52.13 Basis of inspection and grade or com pliance determination. 52.14 Order of inspection service. 52.15 Postponing inspection service. 52.16 Financial interest of inspector. 52.17 Forms of certificates. 52.18 Issuance of certificates. 52.19 Issuance of corrected certificates. 52.20 Issuance of an inspection report in lieu of an inspection certificate. 52.21 Disposition of inspection certificates. 52.22 Report of inspection results prior to issuance of formal report. APPEAL INSPECTION 52.23 When appeal inspection may be re quested. 52.24 Where to file for an appeal inspection and information required. 52.25 When an application for an appeal in spection may be withdrawn. 52.26 When appeal inspection may be re fused. 52.27 Who shall perform appeal inspection. 52.28 Appeal inspection certificate. LICENSING OF SAMPLERS AND INSPECTORS 52.29 Who may become licensed sampler. 52.30 Application to become a licensed sam pler. 52.31 Inspectors. 52.32 Suspension or revocation of license of licensed sampler or licensed inspector. 52.33 Surrender of license. SAMPLING 52.34 How samples are drawn by inspectors or licensed samplers. 52.35 Accessibility for sampling. 52.36 How officially drawn samples are to be identified. 52.37 How official samples are to be identi fied and shipped. 52.38 Sampling plans and procedures for de termining lot compliance. 52.38a Definitions of terms applicable to statistical sampling. 52.38b Statistical sampling procedures for on-line inspection by attributes of proc essed fruits and vegetables. 52.38c Statistical sampling procedures for lot inspection of processed fruits and vegetables by attributes. 52.39 Issuance of certificate of sampling. 52.40 Identification of lots sampled. FEES AND CHARGES 52.41 Payment of fees and charges. 52.42 Schedule of fees. 52.43 Fees to be charged and collected for sampling when performed by a licensed sampler. 52.44 Inspection fees when charges for sam pling have been collected. 52.45 Inspection fees when charges for sam pling have not been collected. 52.46 Fee for appeal inspection. 52.47 Changing types of service. 52.48 Charges for plant survey and inspec tion. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00530 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp o w e ll o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B