Processed Fruits and Vegetables, Processed Products thereof, and certain other Processed Food Products (7 CFR 52.1-52.3764)

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of application. 52.9 Record of filing time. 52.10 When application may be rejected. 52.11 When application may be withdrawn. 52.12 Disposition of inspected sample. 52.13 Basis of inspection and grade or com pliance determination. 52.14 Order of inspection service. 52.15 Postponing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to file for an appeal inspection and information required. 52.25 When an application for an appeal in spection may be withdrawn. 52.26 When appeal inspection may be re fused. 52.27 Who shall perform appeal inspection. 52.28 Appeal inspection certificate.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 ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 521 Agricultural Marketing Service, USDA Pt. 52 52.49 Charges for copies of inspection docu ments and/or inspection data. 52.50 Travel and other expenses. 52.51 Charges for inspection services on a contract basis. MISCELLANEOUS 52.53 Approved identification. 52.54 Debarment of service. 52.55 Political activity. 52.56 Purchase of commodity samples for re view. 52.57 Compliance with other laws. 52.58 Identification. 52.59 OMB control numbers assigned pursu ant to the Paperwork Reduction Act. REQUIREMENTS FOR PLANTS TO BE APPROVED AND FOR PLANTS USING CONTRACT IN-PLANT INSPECTION SERVICES 52.81 Plant survey. 52.82 Basis of survey and plant inspection. 52.83 Reporting results of the plant survey and inauguration of inspection services. Subpart—United States Standards for Grades of Canned Red Tart Pitted Cherries IDENTITY AND GRADES 52.771 Identity. 52.772 Grades. LIQUID MEDIA AND BRIX MEASUREMENTS 52.773 Liquid media and Brix measurements. FILL OF CONTAINER 52.774 Fill of container. SAMPLE UNIT SIZE 52.775 Sample unit size. FACTORS OF QUALITY 52.776 Ascertaining the grade of a sample unit. 52.777 Ascertaining the rating for the fac tors which are scored. 52.778 Color. 52.779 Freedom from pits. 52.780 Defects. 52.781 Character. ALLOWANCES FOR QUALITY FACTORS 52.782 Allowances for quality factors. LOT COMPLIANCE 52.783 Ascertaining the grade of a lot. SCORE SHEET 52.784 Score sheet for canned red tart pitted cherries. Subpart—United States Standards for Grades of Frozen Red Tart Pitted Cherries PRODUCT DESCRIPTION AND GRADES 52.801 Product description. 52.802 Grades of frozen red tart pitted cher ries. SAMPLE UNIT SIZE 52.803 Sample unit size. FACTORS OF QUALITY 52.804 Ascertaining the grade of a sample unit. 52.805 Ascertaining the rating for each fac tor. 52.806 Color. 52.807 Freedom from pits. 52.808 Freedom from defects. 52.809 Character. ALLOWANCES FOR QUALITY FACTORS 52.810 Allowances for quality factors. LOT COMPLIANCE 52.811 Ascertaining the grade of a lot. SCORE SHEET 52.812 Score sheet for frozen red tart pitted cherries. Subpart—United States Standards for Grades of Dates PRODUCT DESCRIPTION, STYLES, AND GRADES 52.1001 Product description. 52.1002 Styles of dates. 52.1003 Grades of dates. FACTORS OF QUALITY 52.1004 Ascertaining the grade. 52.1005 Ascertaining the rating for the fac tors which are scored. 52.1006 Color. 52.1007 Uniformity of size. 52.1008 Absence of defects. 52.1009 Character. LOT INSPECTION AND CERTIFICATION 52.1010 Ascertaining the grade of a lot. SCORE SHEET 52.1011 Score sheet for dates. Subpart—United States Standards for Grades of Processed Raisins 52.1841 Product description. 52.1842 Product description of Layer (or Cluster) raisins with seeds. 52.1843 Summary of types (varieties) of processed raisins. 52.1844 Definition of terms. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00531 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 522 7 CFR Ch. I (1–1–17 Edition) § 52.1 TYPE I—SEEDLESS RAISINS 52.1845 Sizes of seedless raisins. 52.1846 Grades of seedless raisins. TYPE II—GOLDEN SEEDLESS RAISINS 52.1847 Colors of golden seedless raisins. 52.1848 Sizes of golden seedless raisins. 52.1849 Grades of golden seedless raisins. TYPE III—RAISINS WITH SEEDS 52.1850 Sizes of raisins with seeds—except layer or cluster. 52.1851 Sizes of raisins with seeds—layer or cluster. 52.1852 Grades of raisins with seeds—except layer or cluster. 52.1853 Grades of raisins with seeds—layer or cluster. TYPE IV—SULTANA RAISINS 52.1854 Sizes of Sultana raisins. 52.1855 Grades of Sultana raisins. TYPE V—ZANTE CURRANT RAISINS 52.1856 Sizes of zante currant raisins. 52.1857 Grades of zante currant raisins. TYPE VI—MIXED TYPE OF RAISINS 52.1858 Grades of mixed types or varieties of raisins. Subpart—United States Standards for Grades of Dried Prunes PRODUCT DESCRIPTION, VARIETAL TYPES, SIZES, GRADES 52.3181 Product description. 52.3182 Varietal types of dried prunes. 52.3183a Styles of dried prunes. 52.3183b Count-sizes of whole unpitted dried prunes. 52.3184 Grades of dried prunes. MOISTURE, UNIFORMITY OF SIZE, DEFECTS 52.3185 Moisture limits. 52.3186 Definitions for uniformity of size. 52.3187 Definitions and explanations of de fects. WORK SHEET 52.3188 Work sheet for dried prunes. Subpart—United States Standards for Grades of Canned Ripe Olives PRODUCT DESCRIPTION, TYPES, STYLES, AND GRADES 52.3751 Product description. 52.3752 Types of canned ripe olives. 52.3753 Styles of canned ripe olives. 52.3754 Size designations for whole and pit ted styles. 52.3755 Minimum drained weights. 52.3756 Grades of canned ripe olives. 52.3757 Standard sample unit size. 52.3758 Determining the grade of a sample unit. 52.3759 Determining the rating for the fac tors which are scored. 52.3760 Color. 52.3761 Defects. 52.3762 Character. 52.3763 Determining the grade of a lot. 52.3764 Score sheet. AUTHORITY: 7 U.S.C. 1621–1627. Subpart—Regulations Governing Inspection and Certification SOURCE: 22 FR 3535, May 22, 1957, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. § 52.1 Administration of regulations. (a) The Administrator, Agricultural Marketing Service, United States De partment of Agriculture is charged with the administration of the regula tions in this part except that he may delegate any or all of such functions to any officer or employee of the Agricul tural Marketing Service of the Depart ment, in his discretion. (b) All services provided under the regulations of this part, including the hiring and licensing of inspection, grading, and sampling personnel shall be conducted without discrimination because of race, color, sex, religion, or national origin. [22 FR 3535, May 22, 1957, as amended at 38 FR 25166, Sept. 12, 1973. Redesignated at 42 FR 32514, June 27, 1977 and further redesig nated at 46 FR 63203, Dec. 31, 1981] DEFINITIONS § 52.2 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: Acceptance number. ‘‘Acceptance number’’ means the number in a sam pling plan that indicates the maximum number of deviants permitted in a sam ple of a lot that meets a specific re quirement. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00532 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 523 Agricultural Marketing Service, USDA § 52.2 Act. ‘‘Act’’ means the applicable pro visions of the Agricultural Marketing Act of 1946 (60 Stat. 1087 et seq., as amended; 7 U.S.C. 1621 et seq.), or any other act of Congress conferring like authority. Administrator. ‘‘Administrator’’ means the Administrator of the Agri cultural Marketing Service. Applicant. ‘‘Applicant’’ means any in terested party who requests inspection service under the regulations in this part. Approved plant. See ‘‘Plant, ap proved’’. Case. ‘‘Case’’ means the number of containers (cased or uncased) which, by the particular industry are ordinarily packed in a shipping container. Case or shipping case. ‘‘Case’’ or ‘‘shipping case’’ means a unit con sisting of a given number of primary containers of the same size, the num ber and arrangement per unit con forming to customary trade practice. For products not physically assembled into a shipping case (i.e. stacked bright) case means simulating the con tainers in such lot into a unit con sisting of the same number of primary containers corresponding to customary trade practice (or corresponding to the unit as defined above). Certificate of loading. Certificate of loading means a statement, either written or printed, issued pursuant to the regulations in this part, relative to checkloading of a processed product subsequent to inspection thereof. The certificate of loading may be issued in lieu of an official inspection certificate when the same inspection procedures are applied and when authorized by the Administrator. Certificate of sampling. ‘‘Certificate of sampling’’ means a statement, either written or printed issued pursuant to the regulations in this part, identifying officially drawn samples and may in clude a description of condition of con tainers and the condition under which the processed product is stored. Class. See ‘‘Grade.’’ Condition. ‘‘Condition’’ means the de gree of soundness of the product which may affect its merchantability and in cludes, but is not limited to those fac tors which are subject to change as a result of age, improper preparation and processing, improper packaging, im proper storage or improper handling. Department. ‘‘Department’’ means the United States Department of Agri culture. Deviant. ‘‘Deviant’’ means a sample unit affected by one or more deviations or a sample unit that varies in a spe cifically defined manner from the re quirements of a standard, specifica tion, or other inspection document. Deviation. ‘‘Deviation’’ means any specifically defined variation from a particular requirement. Grade or class. ‘‘Grade’’ or ‘‘class’’ designates a level or rank of quality. Grader. See ‘‘Inspector’’. Inspection certificate. ‘‘Inspection cer tificate’’ means a statement, either written or printed, issued pursuant to the regulations in this part, setting forth in addition to appropriate de scriptive information relative to a processed product, and the container thereof, the quality and condition, or any part thereof, of the product and may include a description of the condi tions under which the product is stored. Inspection service. (See Inspection serv ice, general below.) Inspection service, general: (a) The sampling pursuant to the reg ulations in this part; (b) The determination pursuant to the regulations in this part of: (1) Essential characteristics such as style, type, size, sirup density or iden tity of any processed product which differentiates between major groups of the same kind; (2) The class, quality and condition of any processed product, including the condition of the container thereof by the examination of appropriate sam ples; (c) The issuance of any certificate of sampling, inspection certificates, or certificates of loading of a processed product, or any report relative to any of the foregoing; or (d) Performance by an inspector of any related services such as observing the preparation of the product from its raw state through each step in the en tire process; observing conditions under which the product is prepared, processed, and packed; or observing plant sanitation as a prerequisite to VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00533 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 524 7 CFR Ch. I (1–1–17 Edition) § 52.2 the inspection of the processed prod uct, either on a continuous or periodic basis, or checkloading the inspected processed product in connection with the distribution or marketing thereof. Inspection Service; types of. (a) Lot in spection means the inspection and grad ing of specific lots of processed fruits and vegetables which are located in plant warehouses, commercial storage, railway cars, trucks, or any other con veyance or storage facility. (b) Approved plant-lot inspection means the inspection and grading of specific lots of processed fruits and vegetables which are located in plant warehouses, commercial storage, rail way cars, trucks, or any other convey ance or storage facility. However, under ‘‘approved plant-lot inspection’’, the inspection service has knowledge that the products were processed or packaged in plants meeting the ‘‘plant approved’’ definition. This means that the plant facilities, sanitation, and methods of operation have been sur veyed and approved for specific prod uct(s) by the Administrator as suitable and adequate for inspection or grading service in accordance with § 52.81 through § 52.83 of this part. (c) Continuous inspection is the con duct of inspection and grading services in an approved plant whereby one or more inspector(s) are present at all times the plant is in operation to make in-process checks on the preparation, processing, packing, and warehousing of all products under contract and to assure compliance with sanitary re quirements. (d) Pack certification is the conduct of inspection and grading services in an approved plant whereby one or more inspector(s) may make inspection of the preparation and processing of prod ucts under contract, but are not re quired to be present at all times the plant is in operation. (1) Under a Designated Lot-contract, inspector(s) will grade and certify only those lots designated by the applicant. (2) Under a Quality Assurance con tract, inspector(s) will use information available from the applicant’s quality control records to certify lots, as re quested, and will grade lots at random as often as necessary to verify the reli ability of the applicant’s quality con trol system. Inspector or grader. ‘‘Inspector’’ or ‘‘grader’’ means any employee of the Department authorized by the Sec retary or any other person licensed by the Secretary to investigate, sample, inspect, and certify in accordance with the regulations in this part to any in terested party the class, quality and condition of processed products cov ered in this part and to perform related duties in connection with the inspec tion service. Inspector in charge. ‘‘Inspector in Charge’’ means any inspector des ignated on a plant working shift or in a field office laboratory as the inspec tor in charge of the inspection work when authorized by the Administrator to act in that capacity. Inspector, subordinate. ‘‘Subordinate inspector’’ means any inspector as signed to a plant or field office to work under the direction of an inspector-in charge. Inspector’s aide. ‘‘Inspector’s aide’’ means any employee of the Depart ment authorized to perform a limited number and type of duties under the close supervision of an inspector. Interested party. ‘‘Interested party’’ means any person who has a financial interest in the commodity involved. Licensed sampler. ‘‘Licensed sampler’’ means any person who is authorized by the Secretary to draw samples of proc essed products for inspection service, to inspect for identification and condi tion of containers in a lot, and may, when authorized by the Administrator, perform related services under the act and the regulations in this part. Lot. Lot means any number of con tainers of the same size and type which contain a processed product of the same type and style located in the same warehouse or conveyance, and which is available for inspection serv ice at any time: Provided, that the number of containers comprising lot may not exceed the maximum number specified in the sampling plans in § 52.38 of this Subpart: And further provided that: (a) If the applicant requests a sepa rate inspection certificate covering a specific portion of a lot, such portion VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00534 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 525 Agricultural Marketing Service, USDA § 52.2 must be separately marked or other wise identified in such a manner as to permit sampling, inspection, and cer tification of such portion as a separate lot; and (b) Under in-plant (in-process) inspec tion, the inspector is authorized to limit the number of containers of a processed product that may be included in a lot to a period of consecutive pro duction equivalent to one production shift with a maximum of 24 hours of consecutive production. Officially drawn sample. ‘‘Officially drawn sample’’ means any sample that has been selected from a particular lot by an inspector, licensed sampler, or by any other person authorized by the Ad ministrator pursuant to the regula tions in this part. 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, but not limited to, any corporate agen cies thereof), any State, county, or mu nicipal government, any common car rier, and any authorized agent of any of the foregoing. Plant. ‘‘Plant’’ means the premises, buildings, structure, and equipment (including, but not being limited to machines, utensils, vehicles, and fix tures located in or about the premises) used or employed in the preparation, processing, handling, transporting and storage of fruits and vegetables, or the processed products thereof. Plant, approved. ‘‘Approved plant’’ means any plant in which the facili ties, sanitation, and methods of oper ation have been surveyed and approved for specific product(s) by the Adminis trator as suitable and adequate for in spection or grading service in accord ance with §§ 52.81 through 52.83. Processed product. ‘‘Processed prod uct’’ means any fruit, vegetable, or other food product covered under the regulations in this part which has been preserved by any recognized commer cial process, including, but not limited to canning, freezing, dehydrating, dry ing, the addition of chemical sub stances, or by fermentation. Quality. ‘‘Quality’’ means the inher ent properties of any processed product which determine the relative degree of excellence of such product, and in cludes the effects of preparation and processing, and may or may not in clude the effects of packing media, or added ingredients. Rejection number. ‘‘Rejection num ber’’ means the number in a sampling plan that indicates the minimum num ber of deviants in a sample that will cause a lot to fail a specific require ment. Sample. ‘‘Sample’’ means any number of sample units to be used for inspec tion. Sample unit. ‘‘Sample unit’’ means a container and/or its entire contents, a portion of the contents of one or more containers or other unit of commodity, or a composite mixture of a product used for inspection. Sampling. ‘‘Sampling’’ means the act of selecting samples of processed prod ucts for the purpose of inspection under the regulations in this part. Secretary. ‘‘Secretary’’ means the Secretary of the Department or any other officer or employee of the De partment authorized to exercise the powers and to perform the duties of the Secretary in respect to the matters covered by the regulations in this part. Shipping container. ‘‘Shipping con tainer’’ means an individual container designed for shipping a number of packages or cans ordinarily packed in a container for shipping or designed for packing unpackaged processed prod ucts for shipping. Unofficial sample. Unofficial sample means any sample that has been se lected by any person other than an in spector or licensed sampler, or by any other person not authorized by the Ad ministrator pursuant to the regula tions in this part. [22 FR 3535, May 22, 1957, as amended at 33 FR 9582, July 2, 1968; 35 FR 14061, Sept. 4, 1970; 38 FR 25166, Sept. 12, 1973; 38 FR 26903, Sept. 27, 1973; 40 FR 48934, Oct. 20, 1975. Re designated at 42 FR 32514, June 27, 1977 and further redesignated at 46 FR 63203, Dec. 31, 1981, and amended at 51 FR 20438, June 5, 1986; 58 FR 42413, Aug. 9, 1993; 72 FR 10037, Mar. 7, 2007; 79 FR 67321, Nov. 13, 2014] VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00535 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 526 7 CFR Ch. I (1–1–17 Edition) § 52.3 § 52.3 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 purposes of said sub section and the provisions in this part, the terms listed below shall have the respective meanings specified: Official certificate. ‘‘Official certifi cate’’ means any form of certification, either written or printed, including those defined in § 52.2, used under this part to certify with respect to the in spection, class, grade, quality, size, quantity, or condition of products (in cluding the compliance of products with applicable specifications). Official device. ‘‘Official device’’ means a stamping appliance, branding device, stencil, printed label, or any 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 United States Department of Agri culture grade standards and to facili tate conduct of the inspection service. Official identification. ‘‘Official identi fication’’ means any United States (U.S.) standard designation of class, grade, quality, size, quantity, or condi tion specified in this part or any sym bol, 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. Official mark. ‘‘Official mark’’ means the grade mark, inspection mark, com bined form of inspection and grade mark, and any other mark, or any vari ations in such marks, including those prescribed in § 52.53 approved by the Administrator and authorized to be af fixed 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. Official memorandum. ‘‘Official memo randum’’ means any initial record of findings made by an authorized person in the process of grading, inspecting, or sampling pursuant to this part, any processing or plant-operation report made by an authorized person in con nection with grading, inspecting, or sampling under this part, and any re port made by an authorized person of services performed pursuant to this part. [22 FR 3535, May 22, 1957, as amended at 23 FR 4999, July 1, 1958. Redesignated at 42 FR 32514, June 27, 1977 and further redesignated at 46 FR 63203, Dec. 31, 1981] INSPECTION SERVICE § 52.4 Where inspection service is of fered. Inspection service may be furnished wherever any inspector or licensed sampler is available and the facilities and conditions are satisfactory for the conduct of such service. § 52.5 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. § 52.6 How to make application. An application for inspection service may be made to the office of inspection VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00536 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 527 Agricultural Marketing Service, USDA § 52.13 or to any inspector, at or nearest the place where the service is desired. An up-to-date list of the Inspection Field Offices of the Department may be ob tained upon request to the Adminis trator. Satisfactory proof that the ap plicant is an interested party shall be furnished. § 52.7 Information required in connec tion with application. (a) Application for inspection service shall be made in the English language and may be made orally (in person or by telephone), in writing, or electroni cally. If an application for inspection is made orally, written confirmation may be required by the inspection service involved. (b) In connection with each applica tion for inspection service, there shall be furnished such information as may be necessary to perform an inspection on the processed product(s), including but not limited to, the name of the product, name and address of the pack er or plant where such product was packed, the location of the product, its lot or car number, codes or other iden tification marks, the number of con tainers, the type and size of the con tainers, the interest of the applicant in the product, whether the lot has been inspected previous to the application by any Federal agency and the purpose for which inspection is desired. [51 FR 20439, June 5, 1986, as amended at 81 FR 93572, Dec. 21, 2016] § 52.8 Filing of application. An application for inspection service shall be regarded as filed only when made in accordance with the regula tions in this part. § 52.9 Record of filing time. A record showing the date when each application for inspection or for an ap peal inspection is received shall be maintained. [51 FR 20439, June 5, 1986] § 52.10 When application may be re jected. An application for inspection service may be rejected by the Administrator (a) for non-compliance by the applicant with the regulations in this part, (b) for non-payment for previous inspec tion services rendered, (c) when the product is not properly identifiable by code or other marks, or (d) when it ap pears that to perform the inspection service would not be to the best inter ests of the Government. Such applicant shall be promptly notified of the reason for such rejection. § 52.11 When application may be with drawn. An application for inspection service may be withdrawn by the applicant at any time before the inspection is per formed: Provided, That, the applicant shall pay at the hourly rate prescribed in § 52.42 for the time incurred by the inspector in connection with such ap plication, any travel expenses, tele phone, telegraph or other expenses which have been incurred by the in spection service in connection with such application. [22 FR 3535, May 22, 1957, as amended at 38 FR 25166, Sept. 12, 1973. Redesignated at 42 FR 32514, June 27, 1977 and further redesig nated at 46 FR 63203, Dec. 31, 1981] § 52.12 Disposition of inspected sam ple. Any sample of a processed product that has been used for inspection may be returned to the applicant, at his re quest and expense; otherwise it shall be destroyed, or disposed of to a chari table institution. § 52.13 Basis of inspection and grade or compliance determination. (a) Inspection service shall be per formed on the basis of the appropriate United States standards for grades of processed products, Federal, Military, Veterans Administration or other gov ernment agency specifications, written contract specifications, or any written specification or instruction which is approved by the Administrator. (b) Unless otherwise approved by the Administrator, compliance with such grade standards, specifications, or in structions shall be determined by eval uating the product, or sample, in ac cordance with the requirements of such standards, specifications or instruc tions: Provided, That when inspection for quality is based on any U.S. grade VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00537 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 528 7 CFR Ch. I (1–1–17 Edition) § 52.14 standard which contains a scoring sys tem, the grade to be assigned to a lot is the grade indicated by the average of the total of the scores of the respective sample units: Provided further, That— (1) Such sample complies with the ap plicable standards of quality promul gated under the Federal Food, Drug, and Cosmetic Act; (2) Such sample complies with the product description; (3) Such sample meets the indicated grade with respect to factors of quality which are not rated by score points; and (4) With respect to those factors of quality which are rated by score points, each of the following require ments is met: (i) None of the sample units falls more than one grade below the indi cated grade because of any quality fac tor to which a limiting rule applies; (ii) None of the sample units falls more than 4 score points below the minimum total score for the indicated grade; (iii) The number of deviants does not exceed the applicable acceptance num ber indicated in the sampling plans contained in § 52.38 (‘‘deviants’’, as used in this paragraph, means sample units that fall into the next grade below the indicated grade but do not score more than 4 points below the minimum total score for the indicated grade); (5) If any of the provisions contained in paragraphs (b) (3) and (4) of this sec tion are not met, the grade is deter mined by considering such provisions in connection with succeedingly lower grades until the grade of the lot, if as signable, is established; and (6) When it is determined that a por tion of a lot bearing a particular iden tification mark is of lower quality or deficient in other factors, the grade or compliance of the lot shall be no higher than that of the portion bearing the particular identification mark. [22 FR 3535, May 22, 1957, as amended at 33 FR 9582, July 2, 1968. Redesignated at 42 FR 32514, June 27, 1977 and further redesignated at 46 FR 63203, Dec. 31, 1981] § 52.14 Order of inspection service. Inspection service shall be per formed, insofar as practicable, in the order in which applications therefor are made except that precedence may be given to any such applications which are made by the United States (including, but not being limited to, any instrumentality or agency thereof) and to any application for an appeal in spection. § 52.15 Postponing inspection service. If the inspector determines that it is not possible to accurately ascertain the quality or condition of a processed product immediately after processing because the product has not reached equilibrium in color, sirup density, or drained weight, or for any other sub stantial reason, he may postpone in spection service for such period as may be necessary. § 52.16 Financial interest of inspector. No inspector shall inspect any proc essed product in which he is directly or indirectly financially interested. § 52.17 Forms of certificates. Inspection certificates, certificates of sampling or loading, and other memo randa concerning inspection service shall be issued on forms approved by the Administrator. § 52.18 Issuance of certificates. (a) The person signing and issuing the certificate shall be one of the fol lowing: (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 who per formed the inspection and authorized by the Administrator to affix the in spector’s signature to an inspection certificate. (3) An inspector designated as the ‘‘inspector in charge,’’ when the certifi cate represents composite inspection of several persons. In all cases the inspection certificate shall be prepared in accordance with the facts set forth in the official memoranda made by the inspector or inspectors in connection with the in spection. Whenever a certificate is signed by a person under a power of at torney the certificate should so indi cate. The signature of the holder of the power shall appear under the name of VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00538 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 529 Agricultural Marketing Service, USDA § 52.24 the inspector who personally inspected the product, and whenever a certificate issued is signed by an inspector in charge that title must appear in con nection with the signature. (b) A certificate of loading shall be issued and signed by the inspector or licensed sampler authorized to check the loading of a specific lot of proc essed products: Provided, That, another employee of the inspection service may sign such certificate of loading cov ering any processed product checkloaded by an inspector or li censed sampler when given power of at torney by such inspector or licensed sampler and authorized by the Admin istrator to affix the inspector’s or li censed sampler’s signature to a certifi cate of loading which has been pre pared in accordance with the facts set forth in the notes made by the inspec tor or licensed sampler in connection with the checkloading of a specific lot of processed products. [22 FR 3535, May 22, 1957, as amended at 35 FR 14061, Sept. 4, 1970. Redesignated at 42 FR 32514, June 27, 1977 and further redesignated at 46 FR 63203, Dec. 31, 1981] § 52.19 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, code marks, grade statements, lot or car numbers, con tainer sizes, net or drained weights, quantities, or errors in any other perti nent information require the issuance of a corrected certificate. Whenever a corrected certificate is issued, such certificate shall supersede the inspec tion certificate which was issued in error and the superseded certificate shall become null and void after the issuance of the corrected certificate. § 52.20 Issuance of an inspection re port in lieu of an inspection certifi cate. A letter report in lieu of an inspec tion certificate may be issued by an in spector when such action appears to be more suitable than an inspection cer tificate: Provided, That, the issuance of such report is approved by the Admin istrator. § 52.21 Disposition of inspection cer tificates. The original of any inspection cer tificate, issued under the regulations in this part, and not to exceed four copies thereof, if requested prior to issuance, shall be delivered or mailed promptly to the applicant, or person designated by the applicant. All other copies shall be filed in such manner as the Adminis trator may designate. Additional cop ies of any such certificates may be sup plied to any interested party as pro vided in § 52.49. [22 FR 3535, May 22, 1957. Redesignated at 42 FR 32514, June 27, 1997, and further redesig nated at 46 FR 63203, Dec. 31, 1981, as amend ed at 63 FR 50746, Sept. 23, 1998] § 52.22 Report of inspection results prior to issuance of formal report. Upon request of any interested party, the results of an inspection may be telegraphed or telephoned to him, or to any other person designated by him, at his expense. APPEAL INSPECTION § 52.23 When appeal inspection may be requested. An application for an appeal inspec tion may be made by any interested party who is dissatisfied with the re sults of an inspection as stated in an inspection certificate, if the lot of processed products can be positively identified by the inspection service as the lot from which officially drawn samples were previously inspected. Such application shall be made within thirty (30) days following the day on which the previous inspection was per formed, except upon approval by the Administrator the time within which an application for appeal inspection may be made may be extended. § 52.24 Where to file for an appeal in spection and information required. (a) Application for an appeal inspec tion may be filed with: (1) The supervisor in the office that issued the inspection certificate on which the appeal covering the proc essed product is requested; or (2) The inspector in charge of the of fice of inspection at or nearest the VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00539 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 530 7 CFR Ch. I (1–1–17 Edition) § 52.25 place where the processed product is lo cated. (b) The application for appeal inspec tion shall state the location of the lot of processed products and the reasons for the appeal; and date and serial number of the certificate covering in spection of the processed product on which the appeal is requested, and such application may be accompanied by a copy of the previous inspection certifi cate and any other information that may facilitate inspection. Such appli cation may be made orally (in person or by telephone), in writing, or by tele graph. If made orally, written con firmation shall be made promptly. [22 FR 3535, May 22, 1957. Redesignated at 42 FR 32514, June 27, 1977 and further redesig nated at 46 FR 63203, Dec. 31, 1981, and amended at 51 FR 20439, June 5, 1986] § 52.25 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 at the hourly rate pre scribed in § 52.42, for the time incurred by the inspector in connection with such application, any travel expenses, telephone, telegraph, or other expenses which have been incurred by the in spection service in connection with such application. [22 FR 3535, May 22, 1957, as amended at 38 FR 25166, Sept. 12, 1973. Redesignated at 42 FR 32514, June 27, 1977 and further redesig nated at 46 FR 63203, Dec. 31, 1981] § 52.26 When appeal inspection may be refused. An application for an appeal inspec tion may be refused if: (a) The reasons for the appeal inspec tion are frivolous or not substantial; (b) The quality or condition of the processed product has undergone a ma terial change since the inspection cov ering the processed product on which the appeal inspection is requested; (c) The lot in question is not, or can not be made accessible for the selec tion of officially drawn samples; (d) The lot relative to which appeal inspection is requested cannot be posi tively identified by the inspector as the lot from which officially drawn sam ples were previously inspected; or (e) There is noncompliance with the regulations in this part. Such applicant shall be notified promptly of the reason for such refusal. § 52.27 Who shall perform appeal in spection. An appeal inspection shall be per formed by an inspector or inspectors (other than the one from whose inspec tion the appeal is requested) authorized for this purpose by the Administrator and, whenever practical, such appeal inspection shall be conducted jointly by two such inspectors: Provided, That, the inspector who made the inspection on which the appeal is requested may be authorized to draw the samples when another inspector or licensed sampler is not available in the area where the product is located. § 52.28 Appeal inspection certificate. After an appeal inspection has been completed, the lot(s) cannot be further appealed unless authorized by the Ad ministrator. An appeal inspection cer tificate shall be issued, showing the re sults of such appeal inspection; and such certificate shall supersede the in spection certificate previously issued for the processed product involved. Each appeal inspection certificate shall clearly identify the number and date of the inspection certificate which it su persedes. The superseded certificate shall become null and void upon the issuance of the appeal inspection cer tificate and shall no longer represent the quality or condition of the proc essed product described therein. The inspector or inspectors issuing an ap peal inspection certificate shall for ward notice of such issuance to such persons as he considers necessary to prevent misuse of the superseded cer tificate if the original and all copies of such superseded certificate have not previously been delivered to the inspec tor or inspectors issuing the appeal in spection certificate. The provisions in the regulations in this part concerning forms and certificates, issuance of cer tificates, and disposition of certificates shall apply to appeal inspection certifi cates, except that copies of such appeal VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00540 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 531 Agricultural Marketing Service, USDA § 52.33 inspection certificates shall be fur nished to all interested parties who re ceived copies of the superseded certifi cate. [51 FR 20439, June 5, 1986] LICENSING OF SAMPLERS AND INSPECTORS § 52.29 Who may become licensed sam pler. Any person deemed to have the nec essary qualifications may be licensed as a licensed sampler to draw samples for the purpose of inspection under the regulations in this part. Such a license shall bear the printed signature of the Secretary, and shall be countersigned by an authorized employee of the De partment. Licensed samplers shall have no authority to inspect processed prod ucts under the regulations in this part except as to identification and condi tion of the containers in a lot. A li censed sampler shall perform his duties pursuant to the regulations in this part as directed by the Administrator. § 52.30 Application to become a li censed sampler. Application to become a licensed sampler shall be made to the Adminis trator on forms furnished for that pur pose. Each such application shall be signed by the applicant in his own handwriting, and the information con tained therein shall be certified by him to be true, complete, and correct to the best of his knowledge and belief, and the application shall contain or be ac companied by: (a) A statement showing his present and previous occupations, together with names of all employers for whom he has worked, with periods of service, during the ten years previous to the date of his application; (b) A statement that, in his capacity as a licensed sampler, he will not draw samples from any lot of processed prod ucts with respect to which he or his employer is an interested party; (c) A statement that he agrees to comply with all terms and conditions of the regulations in this part relating to duties of licensed samplers; and (d) Such other information as may be requested. § 52.31 Inspectors. Inspections will ordinarily be per formed by employees under the Admin istrator who are employed as Federal Government employees for that pur pose. However, any person employed under any joint Federal-State inspec tion service arrangement may be li censed, if otherwise qualified, by the Secretary to make inspections in ac cordance with this part on such proc essed products as may be specified in his license. Such license shall be issued only in a case where the Administrator is satisfied that the particular person is qualified to perform adequately the inspection service for which such per son is to be licensed. Each such license shall bear the printed signature of the Secretary and shall be countersigned by an authorized employee of the De partment. An inspector shall perform his duties pursuant to the regulations in this part as directed by the Adminis trator. § 52.32 Suspension or revocation of li cense of licensed sampler or li censed inspector. Pending final action by the Sec retary, the Administrator may, when ever he deems such action necessary, suspend the license of any licensed sampler, or licensed inspector, issued pursuant to the regulations in this part, by giving notice of such suspen sion to the respective licensee, accom panied by a statement of the reasons therefor. Within seven days after the receipt of the aforesaid notice and statement of reasons by such licensee, he may file an appeal, in writing, with the Secretary supported by any argu ment or evidence that he may wish to offer as to why his license should not be suspended or revoked. After the ex piration of the aforesaid seven days pe riod and consideration of such argu ment and evidence, the Secretary shall take such action as he deems appro priate with respect to such suspension or revocation. § 52.33 Surrender of license. Upon termination of his services as a licensed sampler or licensed inspector, or suspension or revocation of his li cense, such licensee shall surrender his VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00541 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 532 7 CFR Ch. I (1–1–17 Edition) § 52.34 license immediately to the office of in spection serving the area in which he is located. These same provisions shall apply in a case of an expired license. SAMPLING § 52.34 How samples are drawn by in spectors or licensed samplers. An inspector or a licensed sampler shall select samples, upon request, from designated lots of processed prod ucts which are so placed as to permit thorough and proper sampling in ac cordance with the regulations in this part. Such person shall, unless other wise directed by the Administrator, se lect sample units of such products at random, and from various locations in each lot in such manner and number, not inconsistent with the regulations in this part, as to secure a representa tive sample of the lot. Samples drawn for inspection shall be furnished by the applicant at no cost to the Depart ment. § 52.35 Accessibility for sampling. Each applicant shall cause the proc essed products for which inspection is requested to be made accessible for proper sampling. Failure to make any lot accessible for proper sampling shall be sufficient cause for postponing in spection service until such time as such lot is made accessible for proper sampling. § 52.36 How officially drawn samples are to be identified. Officially drawn samples shall be marked by the inspector or licensed sampler so such samples can be prop erly identified for inspection. § 52.37 How official samples are to be identified and shipped. Unless otherwise directed by the Ad ministrator, samples which are to be shipped to any office of inspection shall be forwarded to the office of in spection serving the area in which the processed products from which the samples were drawn is located. Such samples shall be shipped in a manner to avoid any material change in the quality or condition of the sample of the processed product. Containers shall be identified and properly sealed with tape. A facsimile of the ‘‘Officially Sampled’’ stamp shall be placed over the taped container. All transportation charges in connection with such ship ments of samples shall be at the ex pense of the applicant. [51 FR 20439, June 5, 1986] § 52.38 Sampling plans and procedures for determining lot compliance. (a) Except as otherwise provided for in this section in connection with in plant inspection and unless otherwise approved by the Administrator, sam ples shall be selected from each lot in the exact number of sample units indi cated for the lot size in the applicable sampling plans. The lot size is to cor respond to a sample size with a max imum of 29 sample units: Provided, that at the discretion of the inspection service, the number of sample units se lected may be increased to the exact number of sample units indicated for any one of the larger sample sizes pro vided for in the appropriate plans. The samples size may be increased beyond 29 sample units in accordance with the following sampling plan: Sample Size ................... 38 48 60 Acceptance Number ....... 5 6 7 (b) Under the sampling plans with re spect to any specified requirement: (1) If the number of deviants (as de fined in connection with the specific requirement) in the sample does not exceed the acceptance number pre scribed for the sample size, the lot meets the requirement; (2) If the number of deviants (as de fined in connection with the specific requirement) in the sample exceeds the acceptance number prescribed for the sample size, the lot fails the require ment. (c) If in the conduct of on-line in plant inspection of a product covered by a grade standard which does not contain sampling plans, the sample is examined before the lot size is known and the number of sample units ex ceeds the prescribed sample size for such lot, but does not equal any of the prescribed larger sample sizes, the lot may be deemed to meet or fail a spe cific requirement in accordance with the following procedure: VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00542 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 533 Agricultural Marketing Service, USDA § 52.38 (1) If the number of deviants (as de fined in connection with the specific requirement) in the nonprescribed sam ple does not exceed the acceptance number of the next smaller sample size, the lot meets the requirement; (2) If the number of deviants (as de fined in connection with the specific requirement) in the nonprescribed sam ple equals the acceptance number pre scribed for the next larger sample size, additional sample units shall be se lected to increase the sample to the next larger prescribed sample size; (3) If the number of deviants (as de fined in connection with the specific requirement) in the nonprescribed sam ple exceeds the acceptance number pre scribed for the next larger sample size, the lot fails the requirement. (d) In the conduct of on-line in-plant inspection, sampling may be performed on a time interval basis. The sampling frequency shall be specified in an appli cable grade standard or other proce dural instruction approved by the Ad ministrator. (e) In the event that the lot compli ance determination provisions of a standard or specification are based on the number of specified deviations in stead of deviants the procedures set forth in this section may be applied by substituting the word ‘‘deviation’’ for the word ‘‘deviant’’ wherever it ap pears. (f) Sampling plans referred to in this section are those contained in Tables I, II, III, IV, and V and (g)(1) and (g)(2) of this section which follow or any other plans which are applicable. For proc essed products not included in these ta bles, the minimum sample size shall be the exact number of sample units pre scribed in the table, container group, and lot size that, as determined by the inspector, most closely resembles the product, type, container, size and amount of product to be sampled. The maximum sample size in tables I, II, III, IV, V, (g)(1), (g)(2) and processed products not included in these tables is 29 sample units. (g)(1) Sampling plan for dried figs. For each 10,000 pounds (or fraction of 10,000 pounds) of product—6 sample units of approximately 35 figs each accumu lated into 1 composite (at least 200 figs). Each composite will be examined separately, and all must meet the re quirement for the U.S. Grade. (2) Sampling plan for dried fruits other than dates and figs. For each 15,000 pounds (or fraction of 15,000 pounds) of product—sample units of approxi mately 16 ounces each accumulated into 1 composite (at least 100 ounces) Each composite will be examined sepa rately and all must meet the require ments for the U.S. Grade. TABLE I—CANNED OR SIMILARLY PROCESSED FRUITS, VEGETABLES, AND PRODUCTS CONTAINING UNITS OF SUCH SIZE AND CHARACTER AS TO BE READILY SEPARABLE Container size group Lot size (number of containers) 1 Group 1: Any type container of a volume not exceeding that of a No. 303 size can. 3,000 or less 3,001 to 12,000 12,001 to 39,000 39,001 to 84,000 84,001 to 145,000 Group 2: Any type of container of a volume exceeding that of a No. 303 size can but not exceeding that of a No. 3 cylinder size can. 1,500 or less 1,501 to 6,000 6,001 to 19,500 19,501 to 42,000 42,001 to 72,500 Group 3: Any type of container of a volume exceeding that of a No. 3 cylinder size can, but not exceeding that of a No. 12 size can. 750 or less 751 to 3,000 3,001 to 9,750 9,751 to 21,000 21,001 to 36,250 Group 4: Any type of container of a volume exceeding that of a .... No. 12 size can.. Convert to equivalent number of 6-lb. net weight containers and use group 3 Lot inspection sample size (no. of sample units) 2 ........................... 3 6 13 21 29 Acceptance number .......................................................................... 0 1 2 3 4 On-line in-plant inspection sample size (no. of sample units) 2 ....... 3 6 6 13 21 Acceptance number .......................................................................... 0 1 1 2 3 1 Under on-line in-plant inspection, a 5% overrun in number of containers may be permitted by the inspector before going to the next larger sample size. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00543 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 534 7 CFR Ch. I (1–1–17 Edition) § 52.38 2 When a standard sample size is not specified in the U.S. grade standards, the sample units for the various container size groups are as follows: Groups 1, 2, and 3—1 container and its entire contents. Group 4 that approximately 2 pounds of product. When determined by the inspector that a 2-pound sample unit is inadequate, a larger sample unit may be substituted. TABLE II—FROZEN OR SIMILARLY PROCESSED FRUITS, VEGETABLES, AND PRODUCTS CONTAINING UNITS OF SUCH SIZE AND CHARACTER AS TO BE READILY SEPARABLE Container size group Lot size (number of containers) 1 Group 1: Any type of container of 1 lb. or less ................................ 2,400 or less 2,401 to 9,600 9,601 to 31,200 31,201 to 67,200 67,201 to 116,000 Group 2: Any type of container over 1 lb. but not over 2-1⁄2 lbs. net weight. 1,200 or less 1,201 to 4,800 4,801 to 15,600 15,601 to 33,600 33,601 to 58,000 Group 3: Any type of container over 2-1⁄2 lbs.. Convert to equivalent number of 2-1⁄2 lb. containers and use group 2 Lot inspection sample size (no. of sample units) 2 ........................... 3 6 13 21 29 Acceptance number .......................................................................... 0 1 2 3 4 On-line in-plant inspection sample size (no. of sample units) 2 ....... 3 6 6 13 21 Acceptance number .......................................................................... 0 1 1 2 3 1 Under on-line in-plant inspection, a 5% overrun in number of containers may be permitted by the inspector before going to the next larger sample size. 2 When a standard sample unit size is not specified in the U.S. grade standards, the sample units for the various container size groups are as follows: Groups 1 and 2—1 container and its entire contents. Group 3 containers up to 10 lbs.—approxi mately 3 pounds of product. When determined by the inspector that a 3-pound sample unit is inadequate, a larger sample unit or 1 or more containers and their entire contents may be substituted for 1 or more sample units of 3 lbs. TABLE III—CANNED, FROZEN, OR OTHERWISE PROCESSED FRUITS, VEGETABLES, RELATED PRODUCTS OF A COMMINUTED, FLUID OR HOMOGENEOUS STATE Container size group Lot size (number of containers) 1 Group 1: Any type of container of 1 lb. or less ................................ 4,500 or less 4,501 to 18,000 18,001 to 56,000 58,501 to 126,000 126,001 to 217,000 Group 2: Any type of container exceeding 1 lb. but not exceeding 60 ounces.. 3,000 or less 3,001 to 12,000 12,001 to 39,000 39,001 to 84,000 84,001 to 145,000 Group 3: Any type of container exceeding 60 ounces but not ex ceeding 10 lbs.. 1,500 or less 1,501 to 6,000 6,001 to 19,500 19,501 to 42,000 42,001 to 72,500 Group 4: Any type of container of a volume exceeding 10 lbs.. Convert to equivalent number of 6-lb. containers and use group 3 Lot inspection sample size (no. of sample units) 2 ........................... 3 6 13 21 29 Acceptance number .......................................................................... 0 1 2 3 4 On-line in-plant inspection sample size (no. of sample units) 2 ....... 3 6 6 13 21 Acceptance number .......................................................................... 0 1 1 2 3 1 Under on-line in-plant inspection, a 5% overrun in number of containers may be permitted by the inspector before going to the next larger sample size. 2 When a standard sample size is not specified in the U.S. grade standards, the sample units for the various container size groups are as follows: Groups 1, 2, and 3—1 container and its entire contents. A smaller sample unit may be substituted in Group 3 at the inspector’s discretion. Group 4—approximately 16 ounces of product. When determined by the inspector that a 16 ounce sample unit is inadequate, a larger sample unit may be substituted. TABLE IV—DEHYDRATED (LOW-MOISTURE) FRUITS, AND VEGETABLES Container size group Lot size (number of containers) 1 Group 1: Any type of container of 1 lb. or less ................................ 1,800 or less 1,801 to 7,200 7,201 to 23,400 23,401 to 50,400 50,401 to 87,000 Group 2: Any type of container over 1 lb. but not over 6 lbs. net weight. 600 or less 601 to 2,400 2,401 to 7,800 7,801 to 16,800 16,801 to 29,000 Group 3: Any type of container over 6 lbs.. Convert to equivalent number of 5 lb. containers and use group 2 Lot inspection sample size (no. of sample units) 2 ........................... 3 6 13 21 29 VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00544 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 535 Agricultural Marketing Service, USDA § 52.38a TABLE IV—DEHYDRATED (LOW-MOISTURE) FRUITS, AND VEGETABLES—Continued Container size group Lot size (number of containers) 1 Acceptance number .......................................................................... 0 1 2 3 4 On-line in-plant inspection sample size (no. of sample units) 2 ....... 3 6 6 13 21 Acceptance number .......................................................................... 0 1 1 2 3 1 Under on-line in-plant inspection, a 5% overrun in number of containers may be permitted by the inspector before going to the next larger sample size. 2 When a standard sample unit size is not specified in the U.S. grade standards, the sample units for the various container size groups are as follows: Group 1—1 container and its entire contents. Groups 2 and 3—1 container and its entire contents or a smaller sample unit when determined by the inspector to be adequate. TABLE V—DATES Container size group Lot size (number of con tainers) 1 Group 1: Any type of container of 1 lb. or less net weight ................ 2,400 or less 2,401 to 9,600 9,601 to 31,200 31,201 to 67,000 67,201 to 116,000 Group 2: Any type of container over 1 lb. but not over 5 lbs. net weight. 800 or less 801 to 3,200 3,201 to 10,400 10,401 to 22,400 22,401 to 33,667 Group 3: Any type of container over 5 lbs.. Convert to equivalent number of 5 lb. containers and use group 2 Lot inspection sample size (no. of sample units) 2 ............................ 3 6 13 21 29 Acceptance number ........................................................................... 0 1 2 3 4 On-line in-plant inspection sample size (no. of sample units) 2 ......... 3 6 6 13 21 Acceptance number ........................................................................... 0 1 1 2 3 1 Under on-line in-plant inspection, a 5% overrun in number of containers may be permitted by the inspector before going to the next larger sample size. 2 When a standard sample size is not specified in the U.S. grade standards, the sample units for the various container size groups are as follows: Groups 1 and 2—1 container and its entire contents. Group 3 containers up to 10 pounds—1 container and its entire contents. Group 3 containers over 10 pounds—approximately three pounds of product. When determined by the in spector that a 3-pound sample unit is inadequate, a larger sample unit or 1 or more containers and their entire contents may be substituted for 1 or more sample units of 3 pounds. [38 FR 25166, Sept. 12, 1973; 38 FR 26903, Sept. 27, 1973. Redesignated at 42 FR 32514, June 27, 1977 and further redesignated at 46 FR 63203, Dec. 31, 1981, and amended at 51 FR 20439, June 5, 1986; 63 FR 50747, Sept. 23, 1998] § 52.38a Definitions of terms applica ble to statistical sampling. (a) Terms applicable to both on-line inspection and lot inspection. (1) Acceptable Quality Level (AQL). The maximum percent of defective units of product or the maximum num ber of defects per hundred units of product which are acceptable as a proc ess average. At the AQL’s contained in the statistical sampling plans of this subpart, production has a probability of acceptance (‘‘Pa’’) of approximately 95 percent. (2) Acceptance sampling. Sampling in spection in which decisions are made to accept or reject product. (3) Attributes. A method of measure ment whereby units of product are ex amined for the presence or absence of specified characteristics in each unit in the sample. (4) Defect. Any nonconformance of a unit of product from specified require ments of a single quality char acteristic. Defects are classed as ‘‘minor,’’ ‘‘major,’’ ‘‘severe’’ or ‘‘crit ical’’ depending upon the severity and undesirability of the defect. (5) Defective. A unit of product that has one or more defects. (6) Inspection by attributes. Inspection whereby a unit of product is classified as defective or nondefective or the number or defects in the unit of prod uct is counted. (7) Standard sample unit size. A speci fied amount of product to be used for inspection. (b) Terms applicable to on-line in spection only. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00545 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 536 7 CFR Ch. I (1–1–17 Edition) § 52.38b (1) Basic inspection period. A specified period of consecutive production des ignated for on-line inspection. (2) Cumulative Sum Sampling (CuSum) Plan. An on-line sampling plan that ac cumulates the number of defects (or defectives), which exceed the sample unit tolerance (‘‘T’’), in a series of con secutive samples. Terms specific to the CuSum sampling plan are: (i) Acceptance limit (‘‘L’’). The max imum accumulation of defects (or defectives) allowed to exceed the sam ple unit tolerance (‘‘T’’) in any sample unit or consecutive group of sample units. (ii) CuSum value. The accumulated number of defects (or defectives) that exceed the sample unit tolerance (‘‘T’’). (iii) Sample unit tolerance (‘‘T’’). The allowable number of defects (or defectives) in any sample unit. (iv) Starting value (‘‘S’’). The initial CuSum value used to begin a CuSum sampling plan. (3) On-line sampling inspection. The random selection and subsequent in spection of sample units from a produc tion line. (4) Probability of acceptance (‘‘Pa’’). The probability that a portion of pro duction, with a given level of quality, will be accepted. In on-line sampling inspection, the probability of accept ance of any portion of production de pends on the sample results obtained from the preceding portions. The prob ability of acceptance values associated with these procedures are the values which would be expected if a large number of sample units are to be in spected. For the CuSum plans ref erenced in these procedures, the prob ability of acceptance at the Acceptable Quality Level (AQL) is approximately 95 percent. The starting value (‘‘S’’) as sociated with each CuSum plan helps to make the probability of acceptance of the first portions of production of a basic inspection period as close as pos sible to 95 percent. (c) Terms applicable to lot inspection only. (1) Acceptance number. The largest number of defects (or defectives) in the sample that will permit acceptance of the inspection lot. (2) Inspection lot. Any number of con tainers of the same size and type which contain a processed product of the same type and style, manufactured or processed under essentially the same conditions, offered for inspection and acceptance at one time. (3) Probability of acceptance (‘‘Pa’’). The probability that an inspection lot, with a given level of quality, will be accepted. [43 FR 10540, Mar. 14, 1978. Redesignated at 46 FR 63203, Dec. 31, 1981] § 52.38b Statistical sampling proce dures for on-line inspection by at tributes of processed fruits and vegetables. (a) General. The Cumulative Sum Sampling Plan, hereinafter referred to as ‘‘CuSum,’’ shall be used as the on line sampling plan for attributes stand ards under the following conditions. (1) The producer has designated the intended grade for the basic inspection period prior to the start of production. (2) Inspection of the product shall be made during the basic inspection pe riod at a point after which all product characteristics, subject to inspection, are fixed and will not be subject to change during final packaging. (3) A shift to CuSum sampling plans from lot sampling plans during a basic inspection period is not permitted (or vice versa). (b) Sampling rate/frequency. The min imum number of standard sample units to be drawn at random shall be deter mined by the applicable sampling pro cedure as approved by the Adminis trator. (c) Determining CuSum values. At the beginning of the basic inspection pe riod, the CuSum value is set equal to the starting value (‘‘S’’) for the speci fied CuSum plan. The CuSum value is then determined for each consecutive sample unit as follows: (1) Add the number of defects (or defectives) for the present sample unit to the CuSum value of the previous sample unit. (2) Subtract the sample unit toler ance (‘‘T’’). (3) The CuSum value is reset in the following situations. However, deter mine compliance with the designated VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00546 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 537 Agricultural Marketing Service, USDA § 52.38b grade (see paragraph (d) of this section) prior to resetting the CuSum value: (i) Reset the CuSum value to zero (0) if the CuSum value is less than zero (0). (ii) Reset the CuSum value to the ac ceptance limit (‘‘L’’) if the CuSum value exceeds the acceptance limit (‘‘L’’). (d) Determining compliance for a des ignated grade. (1) A portion of produc tion meets the designated grade if the CuSum value, calculated from the sam ple unit representing that portion, is equal to or less than the acceptance limit (‘‘L’’) for all classes of defects. (2) A portion of production fails the designated grade if the CuSum value, calculated from the sample unit rep resenting that portion, exceeds the ac ceptance limit (‘‘L’’) for one or more classes of defects. (e) Evaluation of production failing a designated grade. Production failing a designated grade shall be reevaluated by procedures approved by the USDA. (f) Assigning a grade. (1) All similarly identified (e.g., codes, subcodes, etc.) production will be assigned the same grade. (2) The grade assigned to similarly identified production will be the lowest grade assigned to any portion of that similarly identified production. (g) Redesignation of producer’s in tended grade. If the intended grade is redesignated during a basic inspection period, a new CuSum sampling plan shall be instituted for each class of de fects (or defectives). (h) Cumulative Sum Sampling (CuSum) Plans for processed fruits and vegetables. (1) Tables VI through X contain the CuSum sampling plans for each of five different standard sample unit sizes. The plans within each table are listed according to increasing values of Ac ceptable Quality Levels (AQL’s). (2) AQL values of 10.0 or less may be expressed either in ‘‘defects per hun dred units’’ or in ‘‘percent defective units.’’ The same sampling plans are used for both. Separate sampling plans must be used for AQL values greater than 10.0. (3) These tables also provide the qual ity levels associated with 50 percent and 10 percent probabilities of accept ance for each of the plans. These qual ity levels are expressed in the same units as the corresponding AQL values. (4) A separate CuSum sampling plan is chosen for each class of defects (or defectives) by first specifying the de sired AQL and then selecting the ap propriate standard sample unit size. The quality levels associated with 50 percent and 10 percent probabilities of acceptance may be used as guides to help determine a suitable standard sample unit size. TABLE VI—CUSUM SAMPLING PLANS [Standard sample unit size=13] AQL S T L Quality levels Pa= 50% Pa= 10% Quality levels expressed as defects per 100 units or percent defective 0.65 ..................... 0 .3 0 .1 0 .9 5 .3 17 .7 1.0 ....................... .2 .2 .8 5 .6 17 .7 1.5 ....................... 0 .5 0 .5 7 .7 19 .2 2.2 ....................... .5 .5 1 .5 8 .2 19 .2 4.0 ....................... .8 .8 2 9 .7 19 .6 5.0 ....................... 0 1 1 14 .4 30 .2 6.5 ....................... 1 1 2 14 .7 30 .2 8.5 ....................... 1 1 .5 2 .5 17 .4 31 .3 10.0 ..................... 1 1 .8 2 .6 18 .8 32 .0 Quality levels expressed as defects per 100 units only 12.5 ..................... 1 2 3 23 .5 41 .4 15.0 ..................... 1 2 .5 3 26 .1 42 .8 20.0 ..................... 2 3 4 32 .2 52 .1 25.0 ..................... 1 4 3 40 .3 62 .3 33.0 ..................... 1 5 4 48 .9 72 .3 40.0 ..................... 2 6 5 57 .1 82 .1 50.0 ..................... 1 8 4 73 .3 101 .2 65.0 ..................... 2 10 5 89 .9 120 .0 85.0 ..................... 1 13 5 113 .9 147 .6 100.0 ................... 2 15 6 130 .4 165 .7 150.0 ................... 2 22 7 186 .5 227 .9 250.0 ................... 4 35 11 291 .2 340 .6 Quality levels expressed as percent defective only 12.5 ..................... 1 2 2 22 .4 36 .4 15.0 ..................... 1 2 .5 2 .5 25 .0 37 .4 20.0 ..................... 1 3 3 30 .7 44 .5 25.0 ..................... 1 4 2 38 .1 52 .8 33.0 ..................... 1 5 3 46 .2 60 .3 40.0 ..................... 1 6 3 53 .8 67 .4 50.0 ..................... 2 7 4 61 .5 74 .1 TABLE VII—CUSUM SAMPLING PLANS [Standard sample unit size=25] AQL S T L Quality levels Pa= 50% Pa= 10% Quality levels expressed as defects per 100 units or percent defective 0.4 ....................... 0 .3 0 .1 0 .9 2 .8 9 .2 0.65 ..................... .2 .2 .8 3 .4 9 .2 VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00547 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 538 7 CFR Ch. I (1–1–17 Edition) § 52.38b TABLE VII—CUSUM SAMPLING PLANS— Continued [Standard sample unit size=25] AQL S T L Quality levels Pa= 50% Pa= 10% 1.0 ....................... 0 .5 .5 4 .0 10 .0 1.5 ....................... 1 .5 2 4 .3 10 .0 2.5 ....................... 0 1 1 7 .5 15 .7 4.0 ....................... .5 1 .5 2 9 .0 16 .3 5.0 ....................... 1 .5 1 .5 3 9 .1 16 .3 6.5 ....................... 1 2 3 12 .2 21 .5 8.5 ....................... 0 3 2 16 .4 27 .1 10.0 ..................... 1 3 3 16 .7 27 .1 Quality levels expressed as defects per 100 units only 12.5 ..................... 1 4 3 21 .0 32 .4 15.0 ..................... 1 5 3 25 .2 37 .6 20.0 ..................... 1 6 4 29 .7 42 .7 25.0 ..................... 1 8 3 37 .7 52 .7 33.0 ..................... 1 10 4 46 .5 62 .4 40.0 ..................... 2 12 5 55 .1 72 .0 50.0 ..................... 2 14 7 63 .9 81 .5 65.0 ..................... 3 18 8 80 .7 100 .1 85.0 ..................... 4 23 10 101 .8 123 .1 100.0 ................... 4 27 10 118 .3 141 .2 Quality levels expressed as percent defective only 12.5 ..................... 1 4 3 20 .5 29 .8 15.0 ..................... 0 5 2 24 .3 34 .3 20.0 ..................... 1 6 3 28 .7 38 .7 25.0 ..................... 2 7 4 33 .0 43 .0 33.0 ..................... 2 9 5 41 .2 51 .2 40.0 ..................... 2 11 5 49 .2 59 .1 50.0 ..................... 1 14 3 60 .6 70 .3 TABLE VIII—CUSUM SAMPLING PLANS [Standard sample unit size=50] AQL S T L Quality levels Pa= 50% Pa= 10% Quality levels expressed as defects per 100 units or percent defective 0.15 ..................... 0 .3 0 .1 0 .9 1 .4 4 .6 0.25 ..................... .2 .2 .8 1 .5 4 .6 0.4 ....................... 0 .5 .5 2 .0 5 .0 0.65 ..................... .5 .5 1 .5 2 .1 5 .0 1.0 ....................... .4 .8 1 .6 2 .5 5 .1 1.5 ....................... 1 1 2 3 .8 7 .9 2.5 ....................... 1 .5 1 .5 3 4 .6 8 .1 4.0 ....................... 1 2 .5 3 6 .8 11 .1 5.0 ....................... 1 3 3 9 .3 13 .6 6.5 ....................... 1 4 3 10 .5 16 .2 8.5 ....................... 1 5 4 12 .7 18 .8 10.0 ..................... 1 6 4 14 .9 21 .4 Quality levels expressed as defects per 100 units only 12.5 ..................... 1 8 3 18 .9 26 .3 15.0 ..................... 1 9 4 21 .1 28 .8 20.0 ..................... 2 12 5 27 .5 36 .0 25.0 ..................... 2 14 7 31 .9 40 .7 33.0 ..................... 3 18 9 40 .4 50 .0 40.0 ..................... 3 22 9 48 .7 59 .3 50.0 ..................... 4 27 10 59 .1 70 .6 65.0 ..................... 4 35 11 75 .7 88 .5 TABLE VIII—CUSUM SAMPLING PLANS— Continued [Standard sample unit size=50] AQL S T L Quality levels Pa= 50% Pa= 10% 85.0 ..................... 5 45 14 96 .5 110 .7 Quality levels expressed as percent defective only 12.5 ..................... 2 7 5 16 .8 22 .3 15.0 ..................... 1 9 4 20 .9 27 .2 20.0 ..................... 2 11 6 25 .2 31 .6 25.0 ..................... 2 14 5 31 .2 38 .1 33.0 ..................... 2 18 6 39 .4 46 .4 40.0 ..................... 1 22 5 47 .3 54 .4 50.0 ..................... 1 27 5 57 .2 64 .1 TABLE IX—CUSUM SAMPLING PLANS [Standard sample unit size=100] AQL S T L Quality levels Pa= 50% Pa= 10% Quality levels expressed as defects per 100 units or percent defective 0.1 ....................... 0 .3 0 .1 0 .9 0 .7 2 .3 0.15 ..................... .2 .2 .8 0 .8 2 .3 0.25 ..................... 0 .5 .5 1 .0 2 .5 0.4 ....................... 1 .5 2 1 .1 2 .5 0.65 ..................... 0 1 1 1 .9 3 .9 1.0 ....................... .5 1 .5 2 2 .2 4 .1 1.5 ....................... 1 2 2 3 .0 5 .4 2.5 ....................... 1 3 3 4 .2 6 .8 4.0 ....................... 1 5 3 6 .3 9 .4 5.0 ....................... 1 6 4 7 .4 10 .7 6.5 ....................... 1 8 4 9 .5 13 .2 8.5 ....................... 2 1 .0 5 11 .7 15 .6 10.0 ..................... 2 1 .2 5 13 .8 18 .0 Quality levels expressed as defects per 100 units only 12.5 ..................... 2 14 7 16 .0 20 .4 15.0 ..................... 2 17 7 19 .1 23 .9 20.0 ..................... 3 22 9 24 .4 29 .6 25.0 ..................... 4 27 10 29 .6 35 .3 33.0 ..................... 3 36 10 38 .8 45 .4 40.0 ..................... 4 43 12 46 .1 53 .1 50.0 ..................... 5 53 14 56 .4 64 .1 Quality levels expressed as percent defective only 12.5 ..................... 2 14 6 15 .8 19 .7 15.0 ..................... 2 17 6 18 .9 23 .0 20.0 ..................... 2 22 7 24 .0 28 .5 25.0 ..................... 3 27 8 29 .2 33 .8 33.0 ..................... 3 35 9 37 .3 42 .1 40.0 ..................... 4 42 10 44 .4 49 .2 50.0 ..................... 4 52 10 54 .3 59 .1 VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00548 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 539 Agricultural Marketing Service, USDA § 52.38c TABLE X—CUSUM SAMPLING PLANS [Standard sample unit size=200] AQL S T L Quality levels Pa= 50% Pa= 10% Quality levels expressed as defects per 100 units or percent defective 0.04 ..................... 0 .3 0 .1 0 .9 0 .3 1 .2 0.065 ................... 0 .2 0 .2 0 .8 0 .4 1 .2 0.1 ....................... 0 0 .5 0 .5 0 .5 1 .3 0.15 ..................... 0 .4 0 .8 0 .8 0 .6 1 .3 0.25 ..................... 0 .4 0 .8 1 .6 0 .6 1 .3 0.4 ....................... 1 1 2 1 .0 2 .0 0.65 ..................... 1 1 .8 2 .6 1 .2 2 .1 1.0 ....................... 1 2 .5 3 1 .7 2 .8 1.5 ....................... 1 4 3 2 .6 4 .1 2.5 ....................... 1 6 4 3 .7 5 .3 4.0 ....................... 1 10 4 5 .8 7 .8 5.0 ....................... 2 12 5 6 .9 9 .0 6.5 ....................... 2 15 6 8 .5 10 .8 8.5 ....................... 3 19 8 10 .6 13 .1 10.0 ..................... 3 22 9 12 .2 14 .8 Quality levels expressed as defects per 100 units only 12.5 ..................... 4 27 10 14 .8 17 .7 15.0 ..................... 3 33 9 17 .8 21 .0 20.0 ..................... 4 43 12 23 .1 26 .6 25.0 ..................... 5 53 14 28 .2 32 .1 33.0 ..................... 5 70 15 36 .9 41 .3 40.0 ..................... 6 84 18 44 .1 48 .8 50.0 ..................... 6 105 18 54 .8 60 .1 Quality levels expressed as percent defective only 12.5 ..................... 3 27 9 14 .7 17 .3 15.0 ..................... 4 32 10 17 .3 20 .0 20.0 ..................... 3 43 9 22 .8 25 .9 25.0 ..................... 4 53 11 27 .9 31 .1 33.0 ..................... 5 69 13 36 .1 39 .4 40.0 ..................... 5 83 14 43 .1 46 .5 50.0 ..................... 5 103 14 53 .1 56 .5 [43 FR 10540, Mar. 14, 1978. Redesignated at 46 FR 63203, Dec. 31, 1981] § 52.38c Statistical sampling proce dures for lot inspection of proc essed fruits and vegetables by at tributes. (a) General. Single sampling plans shall be used as the lot sampling plan for attributes standards under either of the following conditions: (1) Sampling of the product shall be made during the production period. No grade will be assigned to individual sample units. One grade determination only will be made at the end of the pro duction period for the inspection lot. (2) Sampling of the product shall be made when the inspection lot is located in a warehouse, truck, railroad car, or other similar conveyance. (b) Sample size. Samples shall be ran domly selected from each inspection lot in the exact number of sample units indicated for the lot size in tables XI through XIV as applicable for canned, frozen, dried, or dehydrated fruits and vegetables. TABLE XI—CANNED OR SIMILARLY PROCESSED FRUITS, VEGETABLES, AND PRODUCTS CONTAINING UNITS OF SUCH SIZE AND CHARACTER AS TO BE READILY SEPARABLE [Lot sample size] Container size group Lot size (number of containers) Group 1: Any type container of a volume not exceeding that of a No. 303 size can. 12,000 or less ..... 12,001–39,000 39,001–84,000 84,001–145,000 Group 2: Any type of container of a vol ume exceeding that of a No. 303 size can but not exceeding that of a No. 3 cylinder size can. 6,000 or less ....... 6,001–19,500 19,501–42,000 42,001–72,500 Group 3: Any type of container of a vol ume exceeding that of a No. 3 cylinder size can, but not exceeding that of a No. 12 size can. 3,000 or less ....... 3,001–9,750 9,751–21,000 21,001–36,250 Group 4: Any type of container of a volume exceeding that of a No. 12 Convert to equivalent number of 6-lb. net weight containers and use group 3 size can. Lot inspection: Sample size (number of sample units). 6 .......................... 13 21 29 VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00549 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 540 7 CFR Ch. I (1–1–17 Edition) § 52.38c TABLE XII—FROZEN OR SIMILARLY PROCESSED FRUITS, VEGETABLES, AND PRODUCTS CONTAINING UNITS OF SUCH SIZE AND CHARACTER AS TO BE READILY SEPARABLE [Lot sample size] Container size group Lot size (number of containers) Group 1: Any type of container of 1 lb or less net weight. 9,600 or less ... 9,601–31,200 31,201–67,200 67,201–116,000 Group 2: Any type of container over 1 lb but not over 21⁄2 lb net weight. 4,800 or less ... 4,801–15,600 15,601–33,600 33,601–58,000 Group 3: Any type of container over Convert to equivalent number of 21⁄2-lb. containers and use group 2 21⁄2 lbs. Lot inspection: Sample size (number of sample units). 6 ...................... 13 21 29 TABLE XIII—CANNED, FROZEN, OR OTHERWISE PROCESSED FRUITS, VEGETABLES, RELATED PRODUCTS OF A COMMINUTED, FLUID OR HOMOGENEOUS STATE [Lot sample size] Container size group Lot size (number of containers) Group 1: Any type of container of 1 lb or less. 18,000 or less 18,001–58,500 58,501–126,000 126,001–217,000 Group 2: Any type of container exceed ing 1 lb. but not exceeding 60 oz. 12,000 or less 12,001–39,000 39,001–84,000 84,001–145,000 Group 3: Any type of container exceed ing 60 oz but not exceeding 10 lb. 6,000 or less ... 6,001–19,500 19,501–42,000 42,001–72,500 Group 4: Any type of container Convert to equivalent number of 6-lb. containers and use group 3. exceeding 10 lbs. Lot inspection: Sample size (number of sample units). 6 ...................... 13 21 29 TABLE XIV—DEHYDRATED (LOW-MOISTURE) FRUITS, AND VEGETABLES [Lot sample size] Container size group Lot size (number of containers) Group 1: Any type of container of 1 lb or less net weight. 7,200 or less ... 7,201–23,400 23,401–50,400 50,401–87,000 Group 2: Any type of container over 1 lb but not over 6 lb net weight. 2,400 or less ... 2,401–7,800 7,801–16,800 16,801–29,000 Group 3: Any type of container over 6 Convert to equivalent number of 5-lb. containers and use group 2. lbs. Lot inspection: Sample size (number of sample units). 6 ...................... 13 21 29 (c) Determining compliance. (1) An in spection lot meets the requirements of a quality grade if the number of defects (or defectives) is equal to or less than the acceptance numbers of all classes of defects. (2) An inspection lot fails the require ments of a quality grade if the number of defects (or defectives) exceeds the acceptance number for one or more classes of defects. (d) Lot single sampling plans for proc essed fruits and vegetables. (1) Tables XV through XIX contain the lot single sampling plans for each of five dif ferent standard sample unit sizes. The VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00550 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 541 Agricultural Marketing Service, USDA § 52.38c plans within each table are listed ac cording to increasing values of Accept able Quality Levels (AQL’s). (2) AQL values of 10.0 or less may be expressed either in ‘‘defects per hun dred units’’ or in ‘‘percent defective units.’’ The same sampling plans are used for both. Separate sampling plans must be used for AQL values greater than 10.0. (3) A separate lot single sampling plan is chosen for each class of defects (or defectives) by first specifying the desired AQL, the appropriate standard sample unit size, and the number of sample units as specified in § 52.38c (b) of this subpart. The quality levels asso ciated with the Pa=50% and Pa=10% levels are given in the instructional manual. TABLE XV—LOT SINGLE SAMPLING PLANS [Standard sample unit size=6] Number of sample units 6 13 21 29 Acceptance numbers—quality levels expressed as defects per 100 units or percent defective—AQL 1.0 ...................................... 1 2 3 4 1.5 ...................................... 1 3 4 5 2.5 ...................................... 3 4 6 8 4.0 ...................................... 4 6 9 11 5.0 ...................................... 4 7 11 14 6.5 ...................................... 5 9 13 17 8.5 ...................................... 6 11 16 21 10.0 .................................... 7 12 19 24 Quality levels expressed as defects per 100 units only 12.5 .................................... 8 15 22 29 15.0 .................................... 9 17 26 35 20.0 .................................... 12 22 33 44 25.0 .................................... 14 27 41 54 33.0 .................................... 18 34 52 70 40.0 .................................... 21 40 62 83 50.0 .................................... 25 49 76 102 65.0 .................................... 31 62 97 131 85.0 .................................... 40 80 124 168 100.0 .................................. 46 92 144 196 150.0 .................................. 66 135 212 288 250.0 .................................. 105 218 344 469 Quality levels expressed as percent defective only 12.5 .................................... 8 15 22 29 15.0 .................................... 9 17 25 34 20.0 .................................... 11 21 33 43 25.0 .................................... 13 26 39 53 33.0 .................................... 16 32 50 67 40.0 .................................... 19 38 59 80 50.0 .................................... 23 46 72 98 TABLE XVI—LOT SINGLE SAMPLING PLANS [Standard sample unit size=13] Number of sample units 6 13 21 29 Acceptance numbers—quality levels expressed as defects per 100 units or percent defective—AQL 0.65 .................................... 1 3 4 5 1.0 ...................................... 2 4 6 7 1.5 ...................................... 3 5 8 10 2.5 ...................................... 4 8 11 15 4.0 ...................................... 6 11 16 22 5.0 ...................................... 7 13 20 26 6.5 ...................................... 9 17 25 33 8.5 ...................................... 11 21 31 41 10.0 .................................... 12 24 36 48 Quality levels expressed as defects per 100 units only 12.5 .................................... 15 29 44 58 15.0 .................................... 17 34 51 69 20.0 .................................... 22 43 67 90 25.0 .................................... 27 53 82 110 33.0 .................................... 34 68 106 143 40.0 .................................... 40 81 126 171 50.0 .................................... 49 99 156 211 65.0 .................................... 62 127 199 271 85.0 .................................... 80 163 257 350 100.0 .................................. 92 190 300 409 Quality levels expressed as percent defective only 12.5 .................................... 15 28 43 58 15.0 .................................... 17 33 51 68 20.0 .................................... 21 42 65 88 25.0 .................................... 26 51 80 108 33.0 .................................... 32 66 103 139 40.0 .................................... 38 78 123 166 50.0 .................................... 46 95 150 204 TABLE XVII—LOT SINGLE SAMPLING PLANS [Standard sample unit size=25] Number of sample units 6 13 21 29 Acceptance numbers—quality levels expressed as defects per 100 units or percent defective—AQL 0.4 ...................................... 2 3 5 6 0.65 .................................... 3 5 7 8 1.0 ...................................... 4 6 9 12 1.5 ...................................... 5 9 13 16 2.5 ...................................... 7 13 19 25 4.0 ...................................... 10 19 29 38 5.0 ...................................... 12 23 35 46 6.5 ...................................... 15 29 44 58 8.5 ...................................... 19 36 56 74 10.0 .................................... 21 42 64 86 Quality levels expressed as defects per 100 units only 12.5 .................................... 26 51 79 106 15.0 .................................... 30 60 93 126 20.0 .................................... 39 78 122 165 25.0 .................................... 48 96 150 203 33.0 .................................... 61 124 195 265 40.0 .................................... 73 149 234 318 50.0 .................................... 89 183 289 394 65.0 .................................... 114 235 372 507 VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00551 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 542 7 CFR Ch. I (1–1–17 Edition) § 52.39 TABLE XVII—LOT SINGLE SAMPLING PLANS— Continued [Standard sample unit size=25] Number of sample units 6 13 21 29 Quality levels expressed as percent defective only 12.5 .................................... 25 50 78 105 15.0 .................................... 30 59 92 125 20.0 .................................... 38 77 120 163 25.0 .................................... 46 94 148 200 33.0 .................................... 59 121 191 260 40.0 .................................... 70 145 228 312 50.0 .................................... 85 177 281 385 TABLE XVIII—LOT SINGLE SAMPLING PLANS [Standard sample unit size=50] Number of sample units 6 13 21 29 Acceptance numbers—quality levels expressed as defects per 100 units or percent defective—AQL 0.15 .................................... 1 3 4 5 0.25 .................................... 2 4 5 7 0.4 ...................................... 3 5 8 10 0.65 .................................... 4 8 11 15 1.0 ...................................... 6 11 16 21 1.5 ...................................... 8 15 22 29 2.5 ...................................... 12 23 35 46 4.0 ...................................... 18 34 53 70 5.0 ...................................... 21 42 64 86 6.5 ...................................... 27 53 82 110 8.5 ...................................... 34 67 105 142 10.0 .................................... 39 78 122 165 Quality levels expressed as defects per 100 units only 12.5 .................................... 48 96 150 203 15.0 .................................... 56 114 178 242 20.0 .................................... 73 149 234 318 25.0 .................................... 89 183 289 394 33.0 .................................... 115 239 377 514 40.0 .................................... 138 287 454 620 50.0 .................................... 170 355 563 769 Quality levels expressed as percent defective only 12.5 .................................... 47 95 149 202 15.0 .................................... 55 112 177 240 20.0 .................................... 71 147 231 315 25.0 .................................... 87 181 286 390 33.0 .................................... 112 234 372 508 40.0 .................................... 134 281 446 611 50.0 .................................... 164 346 552 756 TABLE XIX—LOT SINGLE SAMPLING PLANS [Standard sample unit size=100] Number of sample units 6 13 21 29 Acceptance numbers—quality levels expressed as defects per 100 units or percent defective—AQL 0.1 ...................................... 2 3 5 6 0.15 .................................... 3 4 6 8 0.25 .................................... 4 6 9 12 TABLE XIX—LOT SINGLE SAMPLING PLANS— Continued [Standard sample unit size=100] Number of sample units 6 13 21 29 0.4 ...................................... 5 9 13 17 0.65 .................................... 7 13 20 26 1.0 ...................................... 10 19 29 38 1.5 ...................................... 14 27 41 54 2.5 ...................................... 21 42 64 86 4.0 ...................................... 32 64 99 134 5.0 ...................................... 39 78 122 165 6.5 ...................................... 49 99 156 211 8.5 ...................................... 63 128 200 272 10.0 .................................... 73 149 234 318 12.5 .................................... 89 183 289 394 15.0 .................................... 105 218 344 469 20.0 .................................... 138 287 454 620 25.0 .................................... 170 355 563 769 33.0 .................................... 221 463 736 1,008 40.0 .................................... 266 558 888 1,216 50.0 .................................... 329 692 1,103 1,513 Quality levels expressed as percent defective only 12.5 .................................... 88 182 287 392 15.0 .................................... 104 216 342 467 20.0 .................................... 136 284 450 615 25.0 .................................... 167 351 558 763 33.0 .................................... 217 457 728 999 40.0 .................................... 260 549 877 1,203 50.0 .................................... 320 680 1,088 1,494 [43 FR 10542, Mar. 14, 1978. Redesignated at 46 FR 63203, Dec. 31, 1981] § 52.39 Issuance of certificate of sam pling. Each inspector and each licensed sampler shall prepare and sign a cer tificate of sampling to cover the sam ples drawn by the respective person, except that in-plant inspectors who in spect the samples which they have drawn need not prepare a certificate of sampling. One copy of each certificate of sampling prepared shall be retained by the licensed sampler and the origi nal and all other copies thereof shall be disposed of in accordance with the in structions of the Administrator. [51 FR 20445, June 5, 1986] § 52.40 Identification of lots sampled. Each lot from which officially drawn samples are selected shall be marked in such manner as may be prescribed by the Administrator, if such lots do not otherwise possess suitable identifica tion. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00552 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 543 Agricultural Marketing Service, USDA § 52.44 FEES AND CHARGES § 52.41 Payment of fees and charges. Fees and charges for any inspection service shall be paid by the interested party making the application for such service, in accordance with the applica ble provisions of the regulations in this part, and if so required by the inspec tion service, an advance of funds prior to rendering inspection service in an amount suitable to the Administrator, or a surety bond suitable to the Admin istrator, shall be required as a guar antee of payment for the services ren dered. All fees and charges for any in spection service performed pursuant to the regulations in this part shall be paid by check, draft, or money order payable to the United States Depart ment of Agriculture. Remittance shall be sent to the address specified on the bill for collection on or before the due date to avoid a late payment charge. [51 FR 20445, June 5, 1986] § 52.42 Schedule of fees. (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) For each calendar year, based on previous fiscal year/historical actual costs, AMS will calculate the benefits, operating, and allowance for bad debt components of the regular, overtime and holiday rates as follows: (1) 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 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. (2) 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. (3) Allowance for bad debt rate. Total AMS inspection program allowance for bad debt divided by total hours (reg ular, overtime, and holiday) worked. (c) 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. [79 FR 67321, Nov. 13, 2014] § 52.43 Fees to be charged and col lected for sampling when per formed by a licensed sampler. Such sampling fees as are specifically prescribed by the Administrator in connection with licensing of the par ticular sampler will be assessed and collected from the applicant by the of fice of inspection serving the area where services are performed: Provided, That if the employee is an employee of a state, the appropriate authority of the state may make the collection. [48 FR 12326, Mar. 24, 1983] § 52.44 Inspection fees when charges for sampling have been collected. For any lot of processed products from which a sample in drawn by a li censed sampler and the applicable sam pling fee is collected, as provided in VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00553 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 544 7 CFR Ch. I (1–1–17 Edition) § 52.45 § 52.43, the fees for the other inspection services with respect to such lot shall not include charges for sampling. [48 FR 12326, Mar. 24, 1983] § 52.45 Inspection fees when charges for sampling have not been col lected. For any lot of processed products from which a sample is drawn by a li censed sampler and the sampling fee is not collected by the appropriate au thority as provided in § 52.43, the fees and charges for inspection services with respect to such lot shall be the ap plicable fees and charges prescribed in § 52.42. [48 FR 12326, Mar. 24, 1983] § 52.46 Fee for appeal inspection. The fee to be charged for an appeal inspection shall be at the rates pre scribed in this part for other inspection services: Provided, That, if the result of any appeal inspection made for any ap plicant other than the United States or any agency or instrumentality thereof, discloses that a material error was made in the inspection on which the appeal is made, no inspection fee shall be assessed. § 52.47 Changing types of service. If an applicant cancels a new year round contract before a full year has elapsed, the applicant shall be charged the difference between the year-round rate and less than year-round rate for the full period the year-round contract was in effect. If an applicant cancels a year-round contract after a full year or more of uninterrupted service, the fee remains at the year-round rate. [59 FR 41378, Aug. 12, 1994] § 52.48 Charges for plant survey and inspection. The fees to be charged for a plant survey and inspection shall be at the rates prescribed in §§ 52.42 and 52.51. [72 FR 10037, Mar. 7, 2007] § 52.49 Charges for copies of inspec tion documents and/or inspection data. If the applicant for inspection service requests additional copies of inspection documents and/or inspection data ref erable to the processed product covered thereby, the applicant may obtain such copies from the supervisor in the office of inspection serving the area where the service was performed at a charge of 1⁄2 hour per copy in accordance with the rate in § 52.42: Provided, that no charge shall be made for one copy if re quested at the time of the original re quest for inspection. Inspection certifi cates issued in accordance with § 52.21 may be supplied to any financially in terested party at a charge of 1⁄2 hour per certificate for each seven (7), or fewer copies in accordance with the rate in § 52.42. [54 FR 50732, Dec. 11, 1989] § 52.50 Travel and other expenses. Charges may be assessed to cover the cost of travel time incurred in connec tion with the performance of any in spection service, including appeal in spections, as described in § 52.42. This includes time spent waiting for trans portation as well as time spent trav eling, but not to exceed eight hours of travel time for any one person for any one day: And provided further, that if travel is by common carrier, no hourly charge may be made for travel time outside the employee’s official work hours. [79 FR 67321, Nov. 13, 2014] § 52.51 Charges for inspection services on a contract basis. (a) The Administrator may enter into contracts with applicants to perform continuous inspection services or other types of inspection services pursuant to the regulations in this part and other requirements as prescribed by the Administrator in such contract, and the charges for such inspection service provided in such contracts shall be based on such basis as will reim burse the Agricultural Marketing Serv ice of the Department for the full cost of rendering such inspection service as described in § 52.42. (b) The Administrator may enter into a written memorandum of under standing or contract, whichever may be appropriate, with any administra tive agency charged with the adminis tration of a marketing agreement or a VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00554 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 545 Agricultural Marketing Service, USDA § 52.53 marketing order effective pursuant to the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601 et seq.) for the making of inspections pur suant to said agreement or order on such basis as will reimburse the Agri cultural Marketing Service of the De partment for the full cost of rendering such inspection service based on the formulas in § 52.42. Likewise, the Ad ministrator may enter into a written memorandum of understanding or con tract, whichever may be appropriate, with an administrative agency charged with an administration of a similar program operated pursuant to the laws of any State. (c) Charges for year-round in-plant inspection services on a contract basis will be billed to the applicant monthly for all hours worked with a minimum of 40 hours per week for each inspector assigned to perform the inspection services. Charges for work performed in excess of an employee’s regular work schedule will be calculated as described in § 52.42(a)(2). (d) Charges for less than year-round in-plant inspection services (four or more consecutive 40 hour weeks) on a contract basis will be billed to the ap plicant monthly for all hours with a minimum of 40 hours for each inspector assigned to perform the inspection services and will be calculated based on the formulas in § 52.42. (e) 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 this section or to any benefit that may arise there from, but this provision shall not be construed to extend to such contract if made with a corporation for its general benefit, and shall not extend to any benefits that may accrue from the con tract to a Member of, or Delegate to Congress, or a Resident Commissioner in his capacity as a farmer. [38 FR 25168, Sept. 12, 1973. Redesignated at 42 FR 32514, June 27, 1977, and further redes ignated at 46 FR 63203, Dec. 31, 1981, and fur ther redesignated at 54 FR 50732, Dec. 11, 1989] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 52.51, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. MISCELLANEOUS § 52.53 Approved identification. (a) General. Use of the approved iden tification marks described and illus trated in Figures 1 through 10 of this section is restricted to processed prod ucts that: (1) Are clean, safe, and wholesome; (2) Have been produced or packed in an approved plant. (3) Are truthfully and accurately la beled. (4) When graded against a U.S. grade standard, meet the quality require ments for U.S Grade C or better; (5) Meet applicable fill weight and/or drained weight, Brix or other charac teristics of a commodity related to market value; (6) Have been certified, or have been inspected and are eligible for certifi cation, by an inspector; and, in addi tion, meet the specific requirements stated in (b), (c), and (d) of this section. (7) Labels and advertising material containing or referring to approved identification must be approved by USDA inspection service prior to use. (b) Inspection (Continuous) grade and inspection marks. The official marks ap proved for use by plants operating under USDA continuous inspection service contracts shall be similar in form and design to the examples in Figures 1 through 10 of this section: Provided, That the official marks illus trated by figures 8 and 9 are limited to products packed by plants operating under an approved Quality Assurance type of inspection contract: And pro vided further, That the inspection marks illustrated in figures 1 through 4 may only be used on products packed by plants operating under USDA con tinuous inspection. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00555 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 546 7 CFR Ch. I (1–1–17 Edition) § 52.53 (c) In-plant inspection (other than con tinuous) grade and inspection marks. The official marks approved for use by plants operating under USDA inspec tion service contracts (other than con tinuous) requiring a resident inspector shall be limited to those similar in form and design to the examples in Figures 5 through 14 of this section; Provided: That the official marks illus trated by Figures 9 and 10 are limited to products packed by plants operating under an approved Quality Assurance type of an inspection contract. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00556 Fmt 8010 Sfmt 8006 Q:\07\7V2.TXT 31 E C 02 S E 91 .0 48 < /G P H > E C 02 S E 91 .0 49 < /G P H > E C 02 S E 91 .0 50 < /G P H > E C 02 S E 91 .0 51 < /G P H > E C 02 S E 91 .0 52 < /G P H > lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 547 Agricultural Marketing Service, USDA ยง 52.53 VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00557 Fmt 8010 Sfmt 8006 Q:\07\7V2.TXT 31 E C 02 S E 91 .0 53 < /G P H > E C 02 S E 91 .0 54 < /G P H > E C 02 S E 91 .0 55 < /G P H > E C 02 S E 91 .0 56 < /G P H > lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 548 7 CFR Ch. I (1–1–17 Edition) § 52.53 (d) ‘‘Approved plant-lot inspection’’ grade and inspection marks. Processed products that are produced in an ap proved plant as defined in § 52.2 and in spected and certified by an inspector on a lot basis may be labeled with an official mark as defined in § 52.3 when adequate control and use is approved. The use of official marks for this type of service is restricted to grade marks (with or without plain shield) and/or the statement ‘‘Inspected by the U.S. Department of Agriculture’’ (with or without plain shield). The official marks shall be similar in form and de sign as illustrated in figures 11 through 14. Failure to have all lots bearing offi cial marks either inspected and cer tified or certified as produced in an ap proved plant shall cause the debarment of the user from receiving subsequent services, and such other actions as pro vided for in the Agricultural Marketing Act of 1946. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00558 Fmt 8010 Sfmt 8006 Q:\07\7V2.TXT 31 E C 02 S E 91 .0 57 < /G P H > E C 02 S E 91 .0 60 < /G P H > E C 02 S E 91 .0 61 < /G P H > lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 549 Agricultural Marketing Service, USDA § 52.53 (e) Sampling marks. Processed prod ucts which have been sampled for in spection as provided in this part may, at the option of the Department, be identified by an authorized representa tive of the Department. The products are identified by stamping the con tainer(s) comprising such lot(s), with an official ‘‘sampling mark’’, similar in form and design to the example in fig ure 15 of this section. The ‘‘sampling marks’’ will identify products officially sampled by a particular field office. Such mark will include a code identi fying the field office performing the sampling. (f) Removal of labels bearing approved grade or inspection marks. (1) At the time a lot of processed products bear ing approved grade or inspection marks is found to be mislabeled, the processor shall separate and retain such lot for relabeling. Removal and replacement of labels shall be done, under the super vision of a USDA inspector, within the time specified by the Administrator or as may be mutually agreed by the proc essor and the Administrator. (2) The processor shall be held ac countable to the Department for all mislabeled products until the products have been properly labeled. (3) Clearance for the release of the re labeled product shall be obtained, by the processor, from the inspector. (g) Licensing and identification of cer tain official devices. The Administrator may issue licenses permitting the man ufacture, identification, and sale of any official device designated as a USDA color standard, defect guide or other similar aid under such terms and con ditions as may be specified by the Ad ministrator. Licenses shall be available to all persons meeting conditions pre scribed by the Administrator, shall be nonexclusive, and shall be recoverable for cause. No person shall manufacture, identify, distribute or sell any such of ficial device except at the direction of VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00559 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31 E C 02 S E 91 .0 62 < /G P H > E C 02 S E 91 .0 63 < /G P H > E C 02 S E 91 .0 58 < /G P H > lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 550 7 CFR Ch. I (1–1–17 Edition) § 52.54 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. (h) Prohibited uses of approved identi fication. Except as specified in this sec tion, no label or advertising material used upon, or in conjunction, with a processed product, as defined by these Regulations, shall bear a brand name, trademark, product name, company name, or any other descriptive mate rial that incorporates, resembles, simu lates, or alludes to, any official U.S. Department of Agriculture certificate of quality or loading, grade mark, grade statement (except honey and maple syrup which may bear such grade mark or statement), continuous inspection mark, continuous inspection statement, sampling mark or sampling statement, or combinations of one or more thereof. (i) Disposition of labels bearing ap proved grade or inspection marks when a contract is cancelled. Upon cancellation of a contract, labels bearing approved grade or inspection marks shall remain under the control of the inspection service. The inspection service will ap prove disposition of said labels for de struction, sale or transfer to another approved plant, remove or obliterate the grade or inspection mark, or other action as may be agreed upon by all in terested parties. [38 FR 25169, Sept. 12, 1973, as amended at 40 FR 48934, Oct. 20, 1975. Redesignated at 42 FR 32514, June 27, 1977 and further redesignated at 46 FR 63203, Dec. 31, 1981; 48 FR 12326, Mar. 24, 1983; 51 FR 20446, June 5, 1986; 60 FR 3533, Jan. 18, 1995] § 52.54 Debarment of services. (a) The following acts or practices, or the causing thereof, may be deemed sufficient cause for the debarment, by the Administrator, of any person, in cluding any agents, officers, subsidi aries, or affiliates of such person, from any or all benefits of the Act for a specified period. The Rules of Practice Governing Formal Adjudicatory Pro ceedings 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 be applica ble to such debarment action. (1) Fraud or misrepresentation. Any misrepresentation or deceptive or fraudulent practice or act found to be made or committed in connection with: (i) The making or filing of an appli cation for any inspection service; (ii) The submission of samples for in spection; (iii) The use of any inspection report or any inspection certificate, or appeal inspection certificate issued under the regulations in this part; (iv) The use of the words ‘‘Packed under continuous inspection of the U.S. Department of Agriculture,’’ any leg end signifying that the product has been officially inspected, any state ment of grade or words of similar im port in the labeling or advertising of any processed product; (v) The use of a facsimile form which simulates in whole or in part any offi cial U.S. certificate for the purpose of purporting to evidence the U.S. grade of any processed product. (2) Willful violation of the regulations in this subpart. Willful violation of the provisions of this part of the Act. (i) Country of origin labeling for packed honey. The use of a label or ad vertising material on, or in conjunc tion with, packaged honey that bears any official certificate of quality, grade mark or statement, continuous inspection mark or statement, sam pling mark or statement, or any com bination of the certificates, marks, or statements of the Department of Agri culture is hereby prohibited unless there appears legibly and permanently in close proximity (such as on the same side(s) or surface(s)) to the certificate, mark, or statement, and in at least a comparable size, the one or more names of the one or more countries of origin of the lot or container of honey, preceded by the words ‘Product of’ or other words of similar meaning. (A) A violation of the requirements of this section may be deemed by the Secretary to be sufficient cause for de barment from the benefits of the regu lations governing inspection and cer tification only with respect to honey. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00560 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 551 Agricultural Marketing Service, USDA § 52.82 1 Compliance with the above requirements does not excuse failure to comply with all applicable sanitary rules and regulations of city, county, State, Federal, or other agen cies having jurisdiction over such plants and operations. (3) Interfering with an inspector, in spector’s aid, or licensed sampler. Any in terference with, obstruction of, or at tempted interference with, or at tempted obstruction of any inspector, inspector’s aide, or licensed sampler in the performance of his duties by in timidation, threat, assault, bribery, or any other means—real or imagined. [76 FR 253, Jan. 4, 2011] § 52.55 Political activity. All inspectors and licensed samplers are forbidden, during the period of their respective appointments or li censes, to take an active part in polit ical management or in political cam paigns. Political activities in city, county, State, or national elections, whether primary or regular, or in be half of any party or candidate, or any measure to be voted upon, are prohib ited. This applies to all appointees or licensees, including, but not limited to, temporary and cooperative employees and employees on leave of absence with or without pay. Wilful violation of this section will constitute grounds for dis missal in the case of appointees and revocation of licenses in the case of li censees. § 52.56 Purchase of commodity sam ples for review. Employees are authorized to pur chase commodity samples for review. Employees must pay and obtain re ceipts for such purchases and keep re ceipts subject to inspection by super visory or other authorized Department employees. [48 FR 12330, Mar. 24, 1983] § 52.57 Compliance with other laws. None of the requirements in the regu lations in this part shall excuse failure to comply with any Federal, State, county, or municipal laws applicable to the operation of food processing estab lishments and to processed food prod ucts. § 52.58 Identification. Each inspector and licensed sampler shall have in his possession at all times and present upon request, while on duty, the means of identification fur nished by the Department to such per son. § 52.59 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. 0581–0123. (44 U.S.C. Ch. 35) [49 FR 23826, June 8, 1984] REQUIREMENTS FOR PLANTS TO BE AP PROVED AND FOR PLANTS USING CON TRACT IN-PLANT INSPECTION SERV ICES 1 SOURCE: Sections 52.81 through 52.83 appear at 38 FR 25170, Sept. 12, 1973, unless other wise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. § 52.81 Plant survey. Prior to a plant being approved, or the inauguration of in-plant inspection services, and at such intervals as may be deemed necessary or appropriate, the Administrator will make, or cause to be made, a survey and inspection of the plant where such inspection serv ices are to be performed to determine whether the plant and methods of oper ation are suitable and adequate for the performance of such service in accord ance with: (a) The regulations in this part, in cluding, but not limited to, the re quirements contained in §§ 52.81 through 52.83; and (b) The terms and provisions of any contract pursuant to which the service is to be performed: Provided, That, such survey(s) shall be repeated at least yearly. § 52.82 Basis of survey and plant in spection. The plant survey and inspection will be based on the Regulations issued VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00561 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 552 7 CFR Ch. I (1–1–17 Edition) § 52.83 1 Compliance with the provisions of the 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. under the Federal Food, Drug, and Cos metic Act—Human Foods; Good Manu facturing Practice (Sanitation) in Man ufacture, Processing, Packing, or Hold ing (21 CFR part 110)—as may be modi fied or augmented by the Federal Food and Drug Administration, U.S. Depart ment of Health, Education, and Welfare or the Administrator of the Agricul tural Marketing Service. § 52.83 Reporting results of the plant survey and inauguration of inspec tion services. (a) Results of the plant survey shall be reported in writing to a designated plant official. (b) When the plant meets the require ments for the survey, inspection serv ices may be inaugurated at a time mu tually satisfactory to the plant man agement and USDA. (c) When the plant fails the require ments of the survey, contract services shall be withheld until corrective ac tion is completed to the satisfaction of the USDA. Subpart—United States Standards for Grades of Canned Red Tart Pitted Cherries 1 SOURCE: 39 FR 13963, Apr. 18, 1974, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. IDENTITY AND GRADES § 52.771 Identity. Canned red tart pitted cherries is the product represented as defined in the standard of identity for canned cher ries (21 CFR 145.125(a)), issued pursuant to the Federal Food, Drug, and Cos metic Act, and packed in one of the liq uid media specified in § 52.773; and is sealed in a hermetically sealed con tainer and so processed by heat as to prevent spoilage. § 52.772 Grades. (a) ‘‘U.S. Grade A’’ (or ‘‘U.S. Fancy’’) is the quality of canned red tart pitted cherries that have at least the fol lowing attributes: (1) At least a reasonably good color; (2) Practically free from pits; (3) Practically free from defects; (4) Good character; (5) Normal flavor and odor; and (6) Score not less than 90 points when scored in accordance with the scoring system outlined in this subpart. Canned red tart pitted cherries of this grade may contain not more than eight cherries per sample unit that are less than 9⁄16 inch (14 mm) in diameter. (b) ‘‘U.S. Grade B’’ (or ‘‘U.S. Choice’’) is the quality of canned red tart pitted cherries that have at least the fol lowing attributes: (1) Reasonably good color; (2) Reasonably free from pits; (3) Reasonably free from defects; (4) Reasonably good character; (5) Normal flavor and odor; and (6) Score not less than 80 points when scored in accordance with the scoring system outlined in this subpart. Canned red tart pitted cherries of this grade may contain not more than 15 cherries per sample unit that are less than 9⁄16 inch (14 mm) in diameter. (c) ‘‘U.S. Grade C’’ (or ‘‘U.S. Stand ard’’) is the quality of canned red tart pitted cherries that have at least the following attributes: (1) Fairly good color; (2) Fairly free from pits; (3) Fairly free from defects; (4) Fairly good character; (5) Normal flavor and odor; and (6) Score not less than 70 points when scored in accordance with the scoring system outlined in this subpart. There is no size requirement for canned red tart pitted cherries of this grade. (d) ‘‘Substandard’’ is the quality of canned red tart pitted cherries that fail to meet the requirements of ‘‘U.S. Grade C.’’ LIQUID MEDIA AND BRIX MEASUREMENTS § 52.773 Liquid media and Brix meas urements. (a) Brix measurement requirements for the liquid media in canned red tart pitted cherries are not incorporated in VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00562 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 553 Agricultural Marketing Service, USDA § 52.774 the grades of the finished product since sirup, or any other liquid medium, as such, is not a factor of quality for the purpose of the grades. The designation of liquid packing media and Brix meas urements, where applicable, are as fol lows: Designations Brix measurements ‘‘Extra heavy sirup;’’ or ‘‘Extra heavily sweetened fruit juice(s) and water;’’ or ‘‘Extra heavily sweetened fruit juice(s).’’. 28° or more but not more than 45°. ‘‘Heavy sirup;’’ or ‘‘Heavily sweetened fruit juice(s) and water;’’ or ‘‘Heavily sweetened fruit juice(s).’’. 22° or more but less than 28°. ‘‘Light sirup;’’ or ‘‘Lightly sweetened fruit juice(s) and water;’’ or ‘‘Lightly sweet ened fruit juice(s).’’. 18° or more but less than 22. ‘‘Slightly sweetened water;’’ or ‘‘Slightly sweetened fruit juice(s) and water;’’ or ‘‘Slightly sweetened fruit juice(s).’’. Less than 18°. ‘‘In water’’ ............................................... Not applicable. ‘‘In fruit juice(s) and water.’’ ................... Do. ‘‘In fruit juice(s)’’ ..................................... Do. (b) The densities of the packing media, as listed in this section, are measured on the refractometer, ex pressed as percent by weight sucrose (degrees Brix) with correction for tem perature to the equivalent at 20 °C. (68 °F.), but without correction for invert sugars or other substances. The Brix measurement of the packing media may be determined by any other meth od which gives equivalent results. (c) Brix determination is made on the packing media 15 days or more after the cherries are canned or on the blended homogenized slurry of the comminuted entire contents of the con tainer if canned for less than 15 days. [39 FR 13963, Apr. 18, 1974, as amended at 41 FR 15020, Apr. 9, 1976. Redesignated at 42 FR 32514, June 27, 1977 and further redesignated at 46 FR 63203, Dec. 31, 1981] FILL OF CONTAINER § 52.774 Fill of container. (a) FDA requirements. Canned red tart pitted cherries shall meet the fill of container requirements as set forth in the regulations of the Food and Drug Administration (21 CFR 145.125(c)). (b) Recommended minimum drained weights—(1) General. The minimum drained weight recommendations for the various container sizes and types of packing media as listed in Table I of this section are not incorporated in the grades of the finished product since drained weight, as such, is not a factor of quality for the purpose of these grades. (2) Definitions. Sample average—Average of all the drained weights of the sample containers rep resenting a lot. Xd—A specified minimum sample average drained weight. LL—Lower limit for individual container drained weight. (3) Method for ascertaining drained weight. The drained weight of canned red tart pitted cherries is determined by emptying the contents of the con tainer upon a U.S. Standard No. 8 cir cular sieve of proper diameter con taining eight meshes to the inch (0.0937 inch (2.3 mm), ±3 percent, square open ings) so as to distribute the product evenly over the sieve. Without shifting the product, incline the sieve at an angle of 17° to 20° to facilitate drainage and allow to drain for two minutes. The weight of drained cherries is the weight of the sieve and product less the weight of the dry sieve. A sieve eight inches in diameter is used for No. 3 size containers (404 × 414) and smaller, and a sieve 12 inches in diameter is used for containers larger than No. 3 size con tainers. (4) Compliance with recommended min imum drained weights. A lot of canned red tart pitted cherries is considered as meeting the minimum drained weight recommendations when the following criteria are met: (i) The sample average meets the specified minimum sample average drained weight (designated as ‘‘Xd’’ in Table I); and (ii) The number of sample containers which fail to meet the minimum drained weight for individual con tainers (designated as ‘‘LL’’ in Table I) does not exceed the applicable accept ance number specified in Table II. (c) Recommended fill weights—(1) Gen eral. The minimum fill weight rec ommendations for the various con tainer sizes in Table III of this section are not incorporated in the grades of the finished product since fill weight, as such, is not a factor of quality for the purpose of these grades. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00563 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 554 7 CFR Ch. I (1–1–17 Edition) § 52.775 TABLE I—RECOMMENDED MINIMUM DRAINED WEIGHTS FOR CANNED RED TART PITTED CHERRIES Container designation Packed in water or cherry juice (ounces) Packed in any sirup or slightly sweetened water (ounces) LL Xd LL Xd No. 303 (303 × 406) .. 10.7 11.0 9.9 10.2 No. 303 Cylinder (303 × 509) ..................... 14.0 14.4 12.7 13.1 No. 2 (307 × 409) ...... 13.1 13.5 12.3 12.7 No. 10 (603 × 700) .... 71.2 72.0 69.4 70.2 TABLE II—SINGLE SAMPLING PLANS AND ACCEPTANCE NUMBERS Sample Size (No. of sample containers) .. 3 6 13 21 29 38 48 60 Acceptance numbers .. 0 1 2 3 4 5 6 7 (2) Definitions. Subgroup A group of sample containers representing a por tion of a sample. X′ min ...... A specified minimum lot average fill weight. LWLx ...... Lower warning limit for subgroup averages. LRLx ....... Lower reject limit for subgroup averages. LWL ....... Lower warning limit for individual fill weight meas urements. LRL ........ Lower reject limit for individual fill weight meas urements. R′ ........... A specified average range value. Rmax ....... A specified maximum range for subgroups. (3) Method for ascertaining fill weight. The fill weight of canned red tart pit ted cherries is determined in accord ance with the U.S. Standards for In spection by Variable and the U.S. Standards for Determination of Fill Weights. (4) Compliance with recommended fill weights. Compliance with the rec ommended fill weights for canned red tart pitted cherries shall be in accord ance with the U.S. Standards for In spection by Variables and the U.S. Standards for Determination of Fill Weights. TABLE III—RECOMMENDED FILL WEIGHT VALUES FOR CANNED RED TART PITTED CHERRIES Container designation Fill weight values in ounces X′min LWLx LRLx LWL LRL R′ Rmax Sam pling allow ance code No. 303 ................................................................. 12.9 12.6 12.4 12.2 11.8 0.80 1.70 F No. 303 Cylinder ................................................... 16.8 16.4 16.2 15.9 15.4 1.10 2.20 H No. 2 ..................................................................... 15.8 15.4 15.2 14.9 14.4 1.10 2.20 H No. 10 ................................................................... 86.7 85.9 85.5 85.0 84.1 2.00 4.20 P SAMPLE UNIT SIZE § 52.775 Sample unit size. Compliance with requirements for the size and the various quality factors is based on the following sample unit sizes for the applicable factor: (a) Size, color, pits, and character—20 ounces of drained cherries. (b) Defects (other than harmless ex traneous material)—100 cherries. (c) Harmless extraneous material— The total contents of each container in the sample. FACTORS OF QUALITY § 52.776 Ascertaining the grade of a sample unit. (a) General. The grade of a sample unit of canned red tart pitted cherries is ascertained by considering the factor of flavor and odor of the product and the requirement for size (in U.S. Grade A and U.S. Grade B) which are not scored; the ratings for the factors of color, freedom from pits, defects, and character, which are scored; and the limiting rules which may be applicable. (b) Factors rated by score points. The relative importance of each factor which is scored is expressed numeri cally on the scale of 100. The maximum number of points that may be given each factor is: Factors Points Color ............................................................................ 20 Freedom from pits ....................................................... 20 Defects ......................................................................... 30 Character ..................................................................... 30 Total score ............................................................ 100 VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00564 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 555 Agricultural Marketing Service, USDA § 52.779 (c) Definition. ‘‘Normal flavor and odor’’ means that the flavor and odor are characteristic of canned red tart pitted cherries and that the product is free from objectionable flavors and ob jectionable odors of any kind. § 52.777 Ascertaining the rating for the factors which are scored. The essential variations within each factor which is scored are so described that the value may be ascertained for each factor and expressed numerically. The numerical range within each fac tor which is scored is inclusive (for ex ample, ‘‘18 to 20 points’’ means 18, 19, or 20 points). § 52.778 Color. (a) (A) classification. Canned red tart pitted cherries that have a good color may be given a score of 18 to 20 points. ‘‘Good color’’ means a practically uni form color that is bright and typical of canned red tart pitted cherries which have been prepared and processed from properly ripened cherries. (b) (B) classification. Canned red tart pitted cherries that have a reasonably good color may be given a score of 16 or 17 points. ‘‘Reasonably good color’’ means a reasonably uniform color, typ ical of canned red tart pitted cherries which have been properly prepared and processed and which color may range from a slight yellowish-red color to a slightly mottled reddish brown. (c) (C) classification. Canned red tart pitted cherries that have a fairly good color may be given a score of 14 or 15 points. Canned red tart pitted cherries that fall into this classification shall not be graded above U.S. Grade C, re gardless of the total score for the prod uct (this is a limiting rule). ‘‘Fairly good color’’ means a fairly uniform color typical of canned red tart pitted cherries which have been properly processed and which color may range from a brownish cast to mottled shades of brown. (d) (SStd.) classification. Canned red tart pitted cherries that fail to meet the color requirements for U.S. Grade C may be given a score of 0 to 15 points and shall not be graded above Sub standard, regardless of the total score for the product (this is a limiting rule). § 52.779 Freedom from pits. (a) General. The factor of freedom from pits refers to the incidence of pits and pit fragments. (b) Definitions. (1) A pit, for the pur poses of the allowances in this section, is a whole cherry pit or portions of pits computed as follows: (i) A single piece of pit shell, whether or not within or attached to a whole cherry, that is larger than one-half pit shell is considered as one pit; (ii) A single piece of pit shell, wheth er or not within or attached to a whole cherry, that is not larger than one-half pit shell is considered as one-half pit; (iii) Pieces of pit shell, within or at tached to a whole cherry, when their combined size is larger than one-half pit shell are considered as one pit; and (iv) Pieces of pit shell, within or at tached to a whole cherry, when their combined size is not larger than one half pit shell are considered as one-half pit. (2) Drained cherries means pitted cherries that have been drained of packing medium by the method pre scribed in this subpart. (c) (A) classification. Canned red tart pitted cherries that are practically free from pits may be given a score of 18 to 20 points. ‘‘Practically free from pits’’ means that the number of pits that may be present in the drained cherries does not exceed the allowances for this classification as set forth in Table IV. (d) (B) classification. Canned red tart pitted cherries that are reasonably free from pits may be given a score of 16 or 17 points. Canned red tart pitted cher ries that fall into this classification shall not be graded above U.S. Grade B, regardless of the total score for the product (this is a limiting rule). ‘‘Rea sonably free from pits’’ means that the number of pits that may be present does not exceed the allowances for this classification as set forth in Table IV. (e) (C) classification. Canned red tart pitted cherries that are fairly free from pits may be given a score of 14 or 15 points. Canned red tart pitted cherries that fall into this classification shall not be graded above U.S. Grade C, re gardless of the total score for the prod uct (this is a limiting rule). ‘‘Fairly free from pits’’ means that the number of pits that may be present in the VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00565 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 556 7 CFR Ch. I (1–1–17 Edition) § 52.780 drained cherries does not exceed the al lowances for this classification as set forth in Table IV. (f) (SStd.) classification. Canned red tart pitted cherries that fail to meet the requirements of U.S. Grade C may be given a score of 0 to 13 points and shall not be graded above Substandard, regardless of the total score for the product (this is a limiting rule). § 52.780 Defects. (a) General. The factor of defects re fers to the degree of freedom from harmless extraneous material, muti lated cherries, and cherries blemished by scab, hail injury, discoloration, scar tissue, or by other means. (1) Cherry means a whole cherry, whether or not pitted, or portions of such cherries which in the aggregate approximate the average size of the cherries. (2) Harmless extraneous material means any vegetable substance (including, but not being limited to, a leaf or a stem, and any portions thereof) that is harm less. (3) Mutilated cherry means a cherry that is so pitter-torn or damaged by other means that the entire pit cavity is exposed and the appearance of the cherry is seriously affected. (4) Minor blemished cherry means any cherry blemished with skin discolora tion (other than scald) having an ag gregate area of a circle 9⁄32 inch (7 mm) or less in diameter which more than slightly affects the appearance of the cherry but does not extend into the fruit tissue. (5) Blemished cherry means any cherry blemished by skin discoloration (other than scald) which in the aggregate ex ceeds the area of a circle 9⁄32 inch (7 mm) in diameter. A cherry affected by skin discoloration extending into the fruit tissue or by scab, hail injury, scar tissue, or other abnormality, regard less of size, is considered a blemished cherry. (b) (A) classification. Canned red tart pitted cherries that are practically free from defects may be given a score of 27 to 30 points. ‘‘Practically free from de fects’’ means that the number of de fects that may be present does not ex ceed the number specified for the type of defects in Table IV. (c) (B) classification. Canned red tart pitted cherries that are reasonably free from defects may be given a score of 24 to 26 points. Canned red tart pitted cherries that fall into this classifica tion may not be graded above U.S. Grade B, regardless of the total score for the product (this is a limiting rule). ‘‘Reasonably free from defects’’ means that the number of defects that may be present does not exceed the number specified for the type of defects in Table IV. (d) (C) classification. If the canned red tart pitted cherries are fairly free from defects, a score of 21 to 23 points may be given. Canned red tart pitted cher ries that fall into this classification shall not be graded above U.S. Grade C, regardless of the total score for the product (this is a limiting rule). ‘‘Fair ly free from defects’’ means that the number of defects that may be present does not exceed the number specified for the type of defects in Table IV. (e) (SStd.) classification. Canned red tart pitted cherries that fail to meet the requirements for Grade C for any reason may be given a score of 0 to 20 points and shall not be graded above Substandard, regardless of the total score for the product (this is a limiting rule). § 52.781 Character. (a) General. The factor of character refers to the physical characteristics of the flesh of the cherries. (b) (A) classification. Canned red tart pitted cherries that have a good char acter may be given a score of 27 to 30 points. ‘‘Good character’’ means that the cherries are thick-fleshed and have a firm, tender texture. (c) (B) classification. Canned red tart pitted cherries that have a reasonably good character may be given a score of 24 to 26 points. Canned red tart pitted cherries that fall into this classifica tion shall not be graded above U.S. Grade B, regardless of the total score for the product (this is a limiting rule). ‘‘Reasonably good character’’ means that the cherries may be reasonably thick-fleshed and may be slightly soft. (d) (C) classification. Canned red tart pitted cherries that have a fairly good character may be given a score of 21 to VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00566 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 557 Agricultural Marketing Service, USDA § 52.784 23 points. Canned red tart pitted cher ries that fall into this classification shall not be graded above U.S. Grade C, regardless of the total score for the product (this is a limiting rule). ‘‘Fair ly good character’’ means that the cherries may be thin-fleshed, and may be soft but not mushy, or slightly tough but not leathery. (e) (SStd.) classification. Canned red tart pitted cherries that fail to meet the requirements for U.S. Grade C may be given a score of 0 to 20 points and shall not be graded above Substandard, regardless of the total score for the product (this is a limiting rule). ALLOWANCES FOR QUALITY FACTORS § 52.782 Allowances for quality factors. TABLE IV—ALLOWANCES FOR QUALITY FACTORS Factor Sample unit size Maximum number permissible for the respective grade A A B B C C Pits ..................................................... 20 ozs ............ Not more than 2 in any sample unit. Sample aver age 1 per 40 ozs. Not more than 3 in any sample unit. Sample aver age 1 per 30 ozs. 4 or more in any sample unit. Sample aver age 1 per 20 ozs. Defects: 100 cherries. Total—multilated, plus minor blemished plus blemished.. ........................ 10 .......... ................ 15 .......... ................ 20. of which Blemished—limited to ................. ........................ 3 ............ ................ 7 ............ ................ 15. Harmless extraneous mate rial. Total contents Average 1 piece per 60 oz. net con tents. ................ Average 1.5 pieces per 60 oz. net con tents. ................ Average 3 piece per 60 oz. net con tents. LOT COMPLIANCE § 52.783 Ascertaining the grade of a lot. The grade of a lot of canned red tart pitted cherries covered by these stand ards is determined by the procedures set forth in the Regulations Governing Inspection and Certification of Proc essed Fruits and Vegetables, Processed Products Thereof, and Certain Other Processed Food Products (§§ 52.1 to 52.87). SCORE SHEET § 52.784 Score sheet for canned red tart pitted cherries. Size and kind of container. Container mark or identification. Label. Net weight (ounces). Vacuum (inches). Drained weight (ounces). Sirup designation (extra heavy, heavy, etc.). Brix measurement. Size 1. Factors Score points Color .............. 20 (A) 18–20 (B) 16–17 (C) 2 14–15 (SStd.) 2 0–13 Freedom from pits. 20 (A) (b) (C) (SStd.) 18–20 2 16–17 2 14–15 2 0–13 Freedom from defects. 30 (A) (B) (C) (SStd.) 27–30 2 24–26 2 21–23 2 0–20 Character ....... 30 (A) 27–30 (B) 2 24–26 (C) 2 21–23 (SStd.) 2 0–20 Total score 100 Normal flavor. Grade. 1 See size limitation for U.S. Grade A and U.S. Grade B. 2 Indicates limiting rule. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00567 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 558 7 CFR Ch. I (1–1–17 Edition) § 52.801 Subpart—United States Standards for Grades of Frozen Red Tart Pitted Cherries SOURCE: 39 FR 23235, June 27, 1974, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. PRODUCT DESCRIPTION AND GRADES § 52.801 Product description. Frozen red tart pitted cherries is the food prepared from properly matured cherries of the domestic (Prunus cerasus) red sour varietal group which have been washed, pitted, sorted, and properly drained; may be packed with or without a nutritive sweetened pack ing medium or any other substance permitted under the Federal Food, Drug, and Cosmetic Act, and are frozen and stored at temperatures necessary for the preservation of the product. § 52.802 Grades of frozen red tart pit ted cherries. (a) ‘‘U.S. Grade A’’ (or ‘‘U.S. Fancy’’) is the quality of frozen red tart pitted cherries of which not more than five (5) cherries per sample unit may be less than 9⁄16 inch (14 mm) in diameter, and that: (1) Possess a good red color; (2) Are practically free from pits; (3) Are practically free from defects; (4) Have a good character; (5) Possess a normal flavor; and (6) Score not less than 90 points when scored in accordance with the scoring system outlined in this subpart. (b) ‘‘U.S. Grade B’’ (or ‘‘U.S. Choice’’) is the quality of frozen red tart pitted cherries of which not more than ten (10) cherries per sample unit may be less than 9⁄16 inch (14 mm) in diameter, and that: (1) Possess a reasonably good red color; (2) Are reasonably free from pits; (3) Are reasonably free from defects; (4) Have a reasonably good character: (5) Possess a normal flavor; and (6) Score not less than 80 points when scored in accordance with the scoring system outlined in this subpart. (c) ‘‘U.S. Grade C’’ (or ‘‘U.S. Stand ard’’) is the quality of frozen red tart pitted cherries that: (1) Possess a fairly good red color; (2) Are fairly free from pits; (3) Are fairly free from defects; (4) Have a fairly good character; (5) Possess a normal flavor; and (6) Score not less than 70 points when scored in accordance with the scoring system outlined in this subpart. (d) ‘‘Substandard’’ is the quality of frozen red tart pitted cherries that fail to meet the requirements of U.S. Grade C. SAMPLE UNIT SIZE § 52.803 Sample unit size. Compliance with requirements for size and the various quality factors is based on the following sample unit sizes for the applicable factor: (a) Pits, character, and harmless ex traneous material—20 ounces of drained cherries. (b) Size, color, and defects (other than harmless extraneous material)— 100 cherries. FACTORS OF QUALITY § 52.804 Ascertaining the grade of a sample unit. (a) The grade of frozen red tart pitted cherries is determined immediately after thawing to the extent that the cherries may be separated easily and the cherries are free from ice and so lidified packing media. The grade is de termined by considering in addition to the requirements of the respective grade (including the requirement of the size in U.S. Grade A and U.S. Grade B), the respective ratings of the factors of color, pits, absence of defects, char acter, the total score, and the limiting rules which may be applicable. (b) The relative importance of each factor is expressed numerically on a scale of 100. The maximum number of points that may be given each factor is: Factors Points Color ............................................................................ 30 Freedom from pits ....................................................... 20 Freedom from defects ................................................. 20 Character ..................................................................... 30 Total score ............................................................ 100 (c) Normal flavor means that the fla vor is characteristic of frozen red tart VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00568 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 559 Agricultural Marketing Service, USDA § 52.807 pitted cherries and that the product is free from objectionable flavors of any kind. § 52.805 Ascertaining the rating for each factor. The essential variations within each factor are so described that the value may be ascertained for each factor and expressed numerically. The numerical range for the rating of each factor is inclusive (for example, ‘‘27 to 30 points’’ means 27, 28, 29 or 30 points). § 52.806 Color. (a) (A) classification. Frozen red tart pitted cherries that possess a good red color may be given a score of 27 to 30 points. ‘‘Good red color’’ means that the frozen cherries possess a color that is bright and typical of properly rip ened cherries and that is practically uniform in that the number of cherries that vary markedly from this color due to oxidation, improper processing, or other causes, or that are undercolored, does not exceed the number specified in Table I. (b) (B) classification. Frozen red tart pitted cherries that possess a reason ably good red color may be given a score of 24 to 26 points. Frozen red tart pitted cherries that fall into this clas sification shall not be graded above U.S. Grade B, regardless of the total score for the product (this is a limiting rule). ‘‘Reasonably good red color’’ means that the cherries possess a color that is reasonably bright and typical of properly ripened cherries and that is reasonably uniform in that the number of cherries that vary markedly from this color due to oxidation, improper processing, or other causes, or that are undercolored, does not exceed the num ber specified in Table I. (c) (C) classification. If the frozen red tart pitted cherries possess a fairly good red color, a score of 21 to 23 points may be given. Frozen red tart pitted cherries that fall into this classifica tion shall not be graded above U.S. Grade C, regardless of the total score for the product (this is a limiting rule). ‘‘Fairly good red color’’ means that the frozen cherries possess a color that is fairly bright and typical of properly ripened cherries and that is fairly uni form in that the number of cherries that vary markedly from this color due to oxidation, improper processing, or other causes, or that are undercolored, does not exceed the number specified in Table I. (d) (SStd.) classification. Frozen red tart pitted cherries that fail to meet the requirements of U.S. Grade C may be given a score of 0 to 20 points and shall not be graded above Substandard, regardless of the total score for the product (this is a limiting rule). § 52.807 Freedom from pits. (a) General. The factor of freedom from pits refers to the incidence of pits and pit fragments. (b) Definitions. (1) A ‘‘pit’’ for the pur pose of the allowances in this subpart is a whole pit or portions of pits com puted as follows: (i) A single piece of pit shell, whether or not within or attached to a whole cherry, that is larger than one-half pit shell is considered as one pit; (ii) A single piece of pit shell, wheth er or not within or attached to a whole cherry, that is not larger than one-half pit shell is considered as one-half pit; (iii) Pieces of pit shell, within or at tached to a whole cherry, when their combined size is larger than one-half pit shell are considered as one pit; and (iv) Pieces of pit shell, within or at tached to a whole cherry, when their combined size is not larger than one half pit shell are considered as one-half pit. (2) Drained cherries means pitted cherries that are substantially free from any adhering sirup, sugar, or other packing medium. (c) (A) classification. Frozen red tart pitted cherries that are practically free from pits may be given a score of 18 to 20 points. ‘‘Practically free from pits’’ means that the number of pits that may be present does not exceed the al lowances for this classification speci fied in Table I. (d) (B) classification. Frozen red tart pitted cherries that are reasonably free from pits may be given a score of 16 or 17 points. Frozen red tart pitted cher ries that fall into this classification shall not be graded above U.S. Grade B, regardless of the total score for the product (this is a limiting rule). ‘‘Rea sonably free from pits’’ means that the VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00569 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 560 7 CFR Ch. I (1–1–17 Edition) § 52.808 number of pits that may be present does not exceed the number specified in Table I. (e) (C) classification. Frozen red tart pitted cherries that are fairly free from pits may be given a score of 14 or 15 points. Frozen red tart pitted cherries that fall into this classification shall not be graded above U.S. Grade C, re gardless of the total score for the prod uct (this is a limiting rule). ‘‘Fairly free from pits’’ means that the number of pits that may be present does not ex ceed the number specified in Table I. (f) (SStd.) classification. Frozen red tart pitted cherries that fail to meet the requirements for U.S. Grade C may be given a score of 0 to 13 points and shall not be graded above Substandard, regardless of the total score for the product (this is a limiting rule). § 52.808 Freedom from defects. (a) General. The factor of freedom from defects refers to the degree of freedom from harmless extraneous ma terial, mutilated cherries, and cherries blemished by scab, hail injury, discol oration, scar tissue, or by other means. (1) Cherry means a whole cherry, whether or not pitted, or portions of such cherries which in the aggregate approximate the average size of the cherries. (2) Harmless extraneous material means any vegetable substance (including, but not being limited to, a leaf or a stem and any portions thereof) that is harm less. (3) Mutilated cherry means a cherry that is so pitter-torn or damaged by other means that the entire pit cavity is exposed and the appearance of the cherry is seriously affected. (4) Minor blemished cherry means any cherry blemished with discoloration (other than scald) having an aggregate area of a circle 9⁄32 inch (7 mm) or less in diameter which more than slightly affects the appearance of the cherry but does not extend into the fruit tis sue. (5) Blemished cherry means any cherry blemished by skin discoloration (other than scald) which in the aggregate ex ceeds the area of a circle 9⁄32 inch (7 mm) in diameter. A cherry affected by skin discoloration extending into the fruit tissue or by scab, hail injury, scar tissue, or other abnormality, regard less of size, is considered a blemished cherry. (b) (A) classification. Frozen red tart pitted cherries that are practically free from defects may be given a score of 18 to 20 points. ‘‘Practically free from de fects’’ means that the number of de fects that may be present does not ex ceed the number specified for the appli cable type of defect in Table I. (c) (B) classification. Frozen red tart pitted cherries that are reasonably free from defects may be given a score of 16 or 17 points. Frozen red tart pitted cherries that fall into this classifica tion shall not be graded above U.S. Grade B, regardless of the total score for the product (this is a limiting rule). ‘‘Reasonably free from defects’’ means that the number of defects that may be present does not exceed the number specified for the applicable type of de fect in Table I. (d) (C) classification. Frozen red tart pitted cherries that are fairly free from defects may be given a score of 14 or 15 points. Frozen red tart pitted cherries that fall into this classification shall not be graded above U.S. Grade C, re gardless of the total score for the prod uct (this is a limiting rule). ‘‘Fairly free from defects’’ means that the num ber of defects that may be present does not exceed the number specified for the applicable type of defect in Table I. (e) (SStd.) classification. Frozen red tart pitted cherries that fail to meet the requirements for Grade C may be given a score of 0 to 13 points and shall not be graded above Substandard, re gardless of the total score for the prod uct (this is a limiting rule). § 52.809 Character. (a) General. The factor of character refers to the physical characteristics of the flesh of the cherries. (b) (A) classification. Frozen red tart pitted cherries that have a good char acter may be given a score of 27 to 30 points. ‘‘Good character’’ means that the cherries are thick-fleshed and have a firm, tender texture. (c) (B) classification. Frozen red tart pitted cherries that have a reasonably good character may be given a score of 24 to 26 points. Frozen red tart pitted VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00570 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 561 Agricultural Marketing Service, USDA § 52.812 cherries that fall into this classifica tion shall not be graded above U.S. Grade B, regardless of the total score for the product (this is a limiting rule). ‘‘Reasonably good character’’ means that the cherries may be reasonably thick-fleshed and slightly soft. (d) (C) classification. Frozen red tart pitted cherries that have a fairly good character may be given a score of 21 to 23 points. Frozen red tart pitted cher ries that fall into this classification shall not be graded above U.S. Grade C, regardless of the total score for the product (this is a limiting rule). ‘‘Fair ly good character’’ means that the cherries may be thin-fleshed and may be soft but not mushy, or slightly tough but not leathery. (e) (SStd.) classification. Frozen red tart pitted cherries that fail to meet the requirements for Grade C may be given a score of 0 to 20 points and shall not be graded above Substandard, re gardless of the total score for the prod uct (this is a limiting rule). ALLOWANCES FOR QUALITY FACTORS § 52.810 Allowances for quality factors. TABLE I—ALLOWANCES FOR QUALITY FACTORS Factor Sample unit size Maximum number permissible for the respective grade A B C Color: Vary markedly or undercolored. 100 cherries ................. 12 ................................. 18 ................................. 25. Pits ................................ 20 ozs .......................... Not more than 2 in any sample unit. Sample average 1 per 40 ozs. Not more than 3 in any sample unit. Sample average 1 per 30 ozs. 4 or more in any sam ple unit. Sample av erage 1 per 20 ozs. Defects: Total-mutilated, minor blemished, and blemished of which. 100 cherries ................. 10 ................................. 15 ................................. 20. Blemished—limited to ...................................... 3 ................................... 7 ................................... 15. Harmless extraneous material. 20 ozs .......................... Average 1 piece per 60 oz. net contents. Average 1 piece per 40 oz. net contents. Average 1 piece per 20 oz. net contents. LOT COMPLIANCE § 52.811 Ascertaining the grade of a lot. The grade of a lot of frozen red tart pitted cherries covered by these stand ards is determined by the procedures set forth in the Regulations Governing Inspection and Certification of Proc essed Fruits and Vegetables, Processed Products Thereof, and Certain Other Processed Food Products (§§ 52.1 through 52.83). SCORE SHEET § 52.812 Score sheet for frozen red tart pitted cherries. Size and kind of container. Container mark or identification. Label (style of pack, ratio of fruit to sugar, etc., if shown). Net weight (ounces). Size 1. Factor Score points. Color ......................... 30 (A) 27–30 (B) 2 24–26 (C) 2 21–23 (SStd.) 2 0–20 Freedom from pits .... 20 (A) 18–20 (B) 2 16–17 (C) 2 14–15 (SStd.) 2 0–13 Freedom from de fects. 20 (A) (B) 18–20 2 16–17 (C) 2 14–15 (SStd.) 2 0–13 Character .................. 30 (A) 27–30 (B) 2 24–26 (C) 2 21–23 (SStd.) 2 0–20 Total score ..... 100 Normal flavor. Grade. 1 See size limitation for U.S. Grade A and U.S. Grade B. 2 Indicates limiting rule. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00571 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 562 7 CFR Ch. I (1–1–17 Edition) § 52.1001 Subpart—United States Standards for Grades of Dates SOURCE: 20 FR 5755, Aug. 10, 1955, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. PRODUCT DESCRIPTION, STYLES, AND GRADES § 52.1001 Product description. Dates are the properly cured fresh fruit of the date tree (Phoenix dactylifera) which may or may not be softened by hydration. For the pur poses of the standards in this subpart, dates, when referred to as ‘‘dry dates for processing,’’ means that the dates are dry and have not been softened by hydration. § 52.1002 Styles of dates. (a) Whole or whole dates means whole unpitted dates from which the pits have not been removed and which may be slit longitudinally. (b) Pitted or pitted dates means whole dates from which the pits have been re moved. (c) Pieces or date pieces means dates that have been cut or sliced into small pieces and that can be handled as indi vidual units. (d) Macerated or macerated dates means dates that have been ground, chopped, mashed, or broken or that have been cut or sliced into small pieces and that cannot be handled as individual units. § 52.1003 Grades of dates. (a) U.S. Grade A or U.S. Fancy is the quality of whole or pitted dates that are of one variety, that possess a good color, that are practically uniform in size, that are practically free from de fects, that possess a good character, and that score not less than 90 points when scored in accordance with the scoring system outlined in this sub part. (b) U.S. Grade B or U.S. Choice is the quality of whole or pitted dates other than whole dry dates for processing that are of one variety, that possess a reasonably good color, that are reason ably uniform in size, that are reason ably free from defects, that possess a reasonably good character, and that score not less than 80 points when scored in accordance with the scoring system outlined in this subpart. (c) U.S. Grade B (Dry) or U.S. Choice (Dry) is the quality of whole dry dates for processing that are of one variety, that possess a reasonably good color, that are reasonably uniform in size, that are reasonably free from defects, that possess a reasonably good char acter, and that score not less than 80 points when scored in accordance with the scoring system outlined in this subpart. (d) U.S. Grade C or U.S. Stand- ard is the quality of whole or pitted dates other than whole dry dates for proc essing that are of one variety or of date pieces or macerated dates that possess a fairly good color, that are fairly uni form in size except for date pieces or macerated dates, that are fairly free from defects, that possess a fairly good character, and that score not less than 70 points when scored in accordance with the scoring system outlined in this subpart. (e) U.S. Grade C (Dry) or U.S. Standard (Dry) is the quality of whole dry dates for processing that are of one variety, that possess a fairly good color, that are fairly uniform in size, that are fair ly free from defects, that possess a fair ly good character, and that score not less than 70 points when scored in ac cordance with the scoring system out lined in this subpart. (f) Substandard is the quality of dates that fail to meet the requirements of U.S. Grade C or U.S. Stand- ard or U.S. Grade C (Dry) or U.S. Standard (Dry), whichever is applicable. FACTORS OF QUALITY § 52.1004 Ascertaining the grade. In addition to considering other re quirements outlined in the standards, the following quality factors are evalu ated: (a) Factor not related by score points. (1) Varietal requirement. (b) Factors rated by score points. The relative importance of each factor which is scored is expressed numeri cally on the scale of 100. The maximum number of points that may be given such factors are: VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00572 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 563 Agricultural Marketing Service, USDA § 52.1007 Points (1) Color ....................................................................... 20 (2) Uniformity of size ................................................... 10 (3) Absence of defects ................................................ 30 (4) Character ............................................................... 40 Total score ............................................................ 100 § 52.1005 Ascertaining the rating for the factors which are scored. The essential variations within each factor which is scored are so described that the value may be ascertained for each factor and expressed numerically. The numerical range within each fac tor which is scored is inclusive (for ex ample, ‘‘18 to 20 points’’ means 18, 19, or 20 points). § 52.1006 Color. (a) (A) classification. Whole or pitted dates that possess a good color may be given a score of 18 to 20 points. ‘‘Good color’’ means that the color of the dates is practically uniform; and, with respect to dates that are predomi nantly light amber in color, there may be not more than 5 percent by count of dates that are dark amber in color; and, with respect to dates that are pre dominantly dark amber in color, there may be not more than 5 percent by count of dates that are light amber in color. (b) (B) classification. If the whole or pitted dates or whole dry dates for processing possess a reasonably good color, a score of 16 or 17 points may be given. Dates that fall into this classi fication shall not be graded above U.S. Grade B or U.S. Choice or U.S. Grade B (Dry) or U.S. Choice (Dry), whichever is applicable, regardless of the total score for the product (this is a limiting rule). ‘‘Reasonably good color’’ means that the color of the whole or pitted dates or whole dry dates for processing is reasonably uniform for the type; and, with respect to dates that are pre dominantly light amber in color, there may be not more than 10 percent by count of dates that are dark amber in color; and, with respect to dates that are predominantly dark amber in color, there may be not more than 10 percent by count of dates that are light amber in color. (c) (C) classification. If the whole or pitted dates, whole dry dates for proc essing, date pieces, or macerated dates possess a fairly good color, a score of 14 or 15 points may be given. Dates that fall into this classification shall not be graded above U.S. Grade C or U.S. Standard or U.S. Grade C (Dry) or U.S. Standard (Dry), whichever is applica ble, regardless of the total score for the product (this is a limiting rule). ‘‘Fair ly good color’’ has the following mean ings with respect to the following styles: (1) Whole; pitted. The color of the whole or pitted dates or whole dry dates for processing is fairly uniform for the type; and, with respect to dates that are predominantly light amber in color, there may be not more than 20 percent by count of dates that are dark amber in color; and, with respect to dates that are predominantly dark amber in color, there may be not more than 20 percent by count of dates that are light amber in color. (2) Pieces; macerated. The color may be variable throughout the units or mass, may be slightly dull but not off color, and is typical of properly pre pared dates of these styles. (d) (SStd) classification. Dates that fail to meet the requirements of paragraph (c) of this section may be given a score of 0 to 13 points and shall not be graded above Substandard, regardless of the total score for the product (this is a limiting rule). § 52.1007 Uniformity of size. (a) General. The factor of uniformity of size applies only to whole and pitted styles. The factor of uniformity of size in the styles of date pieces and mac erated dates is not based on any de tailed requirements and is not scored; the other three factors (color, absence of defects, and character is applicable) are scored and the total is multiplied by 100 and divided by 90, dropping any fractions to determine the total score. (b) (A) classification. Whole or pitted dates that are practically uniform in size may be given a score of 9 or 10 points. ‘‘Practically uniform in size’’ means that not more than a total of 10 percent, by weight, of the whole or pit ted dates may be conspicuously larger or smaller than the approximate aver age size of the dates in the container. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00573 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 564 7 CFR Ch. I (1–1–17 Edition) § 52.1008 (c) (B) classification. If the whole or pitted dates or whole dry dates for processing are reasonably uniform in size, a score of 8 points may be given. Dates that fall into this classification shall not be graded above U.S. Grade B or U.S. Choice or U.S. Grade B (Dry) or U.S. Choice (Dry), whichever is appli cable, regardless of the total score for the product (this is a limiting rule). ‘‘Reasonably uniform in size’’ means that not more than a total of 15 per cent, by weight, of the whole or pitted dates may be conspicuously larger or smaller than the approximate average size of the dates in the container. (d) (C) classification. If the whole or pitted dates or whole dry dates for processing are fairly uniform in size, a score of 7 points may be given. Dates that fall into this classification shall not be graded above U.S. Grade C or U.S. Standard or U.S. Grade C (Dry) or U.S. Standard (Dry), whichever is ap plicable, regardless of the total score for the product (this is a limiting rule). ‘‘Fairly uniform in size’’ means that not more than a total of 20 percent, by weight, of the whole or pitted dates may be conspicuously larger or smaller than the approximate average size of the dates in the container. (e) (SStd) classification. Whole or pit ted dates or whole dry dates for proc essing that fail to meet the require ments of paragraph (d) of this section may be given a score of 0 to 6 points and shall not be graded above Sub standard, regardless of the total score for the product (this is a limiting rule). § 52.1008 Absence of defects. (a) Definitions of defects. Unless other wise stated specifically, the following definitions of defects or defective units apply only to whole or pitted dates or whole dry dates for processing, as ap plicable for the type: (1) Damaged by discoloration is the presence of a dark area in the flesh of the date, which dark area is visible through the skin and is more than one fourth (1⁄4) inch in width and extends more than the equivalent of half the length of the date, such darkening being of natural origin and not caused by mold or other organism. (2) Damaged by broken skin is any rup ture of the skin in a manner to expose the flesh of the date, the short- est di mension of such exposed area being not less than three-sixteenths (3⁄16) inch. (3) Damaged by checking is the pres ence of fine lines, resulting from water injury, affecting the surface of the skin over an area not less than one-fourth of the total surface of the date. (4) Seriously damaged by checking is the presence of heavy lines, resulting from water injury, seriously affecting the surface of the skin over an area not less than one-fourth of the total sur face of the date. (5) Damaged by deformity is any abnor mal shape sufficient to produce an ap pearance discernibly at variance with the normal shape that is typical of the variety. (6) Damaged by puffiness is the condi tion of a date of which the skin is soft and pliable and from which the skin is separated from the flesh in a balloon like fashion, over an area not less than one-half of the total surface of the date. Soft skins which have returned and adhere to the flesh of the date are not considered ‘‘damaged by puffiness.’’ (7) Seriously damaged by puffiness is the condition of a date of which the skin is dry, hard, and brittle and from which the skin is separated from the flesh over an area not less than one half of the total surface of the date. (8) Damaged by scars are any blem ishes that affect the exterior of the date and which are not less than three sixteenths (3⁄16) inch in the shortest di mension. (9) Damaged by sunburn is an area, usually light in color, scarred by the heat of the sun, such area being not less than three-sixteenths (3⁄16) inch in the shortest dimension. (10) Damaged by insect injury is any blemish, resulting from the activity of insects or mites, distributed over an area of not less than one-fourth of the total surface of the date or any similar blemish that materially affects the ap pearance or edibility of the unit, re gardless of the area affected. (11) Damaged by improper hydrating means that the date has been injured by excessive heat or that the hydrating process is incomplete. (12) Damaged by mashing means any physical injury to the flesh and skin of VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00574 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 565 Agricultural Marketing Service, USDA § 52.1008 the date leaving the date partially mangled but otherwise whole. (13) Damaged by mechanical injury means excessive trimming or similar injury that damages the appearance or that damages or affects the eating quality of the whole date. (14) Damaged by lack of pollination means, with respect to whole dates, that pollination of the date was not ac complished, such condition being mani fested by the absence of a pit in the whole dates or by thin, immature ap pearance of the date. (15) Damaged by blacknose is severe checking in which the flesh becomes dark, crusty, and dry and which severe checking affects an area greater than one-eighth of the total surface of the date. (16) Damaged by side spot means a very dark area, which generally is cir cular in appearance, extending into the flesh of the date, and, when decayed tissue or mold is not present, affecting in the aggregate an area not less than the area of a circle three-sixteenths (3⁄16) inch in diameter. (17) Damaged by black scald means the collapse, death, and blackening of the flesh along the side of the date, usually accompanied by a bitter taste in the af fected area. (18) Damage by improper ripening means pronounced evidence of ‘‘green shrivel’’ of the date or that the date possesses a puffy flesh or a decidedly rubbery texture resulting from failure of the tissue of the date to reach a de sirable state of maturity due to cli matic or cultural injury, or both. (19) Damaged by other defects means any injury or defect or group of defects not defined in this section (such as, but not limited to, heavy sugaring, and ex cessive scars not described in the defi nition ‘‘damaged by scars,’’) which ma terially affect the appearance, edibility, or keeping quality of the dates. (20) Affected by scouring is evidenced by the breakdown of the sugars into al cohol and acetic acid by yeasts and bacteria. (21) Affected by mold is the presence of visible mold. (22) Affected by dirt is the presence of any quantity of such substance. (23) Affected by insect infestation is the presence of dead insects, insect parts, or excreta. (No live insects are per mitted.) (24) Affected by foreign material is the presence of any quantity of such sub stance. (25) Affected by decay is a state of de composition. (b) (A) classification. Whole or pitted dates that are practically free from de fects may be given a score of 27 to 30 points. ‘‘Practically free from defects’’ means that in pitted dates there may be present not more than one whole pit or two pit fragments for each 25 ounces of pitted dates; and that the whole or pitted dates do not exceed the total al lowances and limitations shown in Chart I of this subpart. (c) (B) classification. If the whole or pitted dates or whole dry dates for processing are reasonably free from de fects, a score of 24 to 26 points may be given. Dates that fall into this classi fication shall not be graded above U.S. Grade B or U.S. Choice or U.S. Grade B (Dry) or U.S. Choice (Dry), whichever is applicable, regardless of the total score for the product (this is a limiting rule). ‘‘Reasonably free from defects’’ means that in pitted dates there may be present not more than one whole pit or two pit fragments for each 25 ounces of pitted dates; and that the whole or pitted dates or whole dry dates for processing do not exceed the total al lowances and limitations shown in Chart II of this subpart. (d) (C) classification. If the whole or pitted dates, whole dry dates for proc essing, date pieces, or macerated dates are fairly free from defects, a score of 21 to 23 points may be given. Dates that fall into this classification shall not be graded above U.S. Grade C or U.S. Standard or U.S. Grade C (Dry) or U.S. Standard (Dry), whichever is applica ble, regardless of the total score for the product (this is a limiting rule). ‘‘Fair ly free from defects’’ has the following meanings with respect to the following styles: (1) Whole. The defects or defective units in whole dates or whole dry dates for processing do not exceed the total allowances and limitations shown in Chart III of this subpart. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00575 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 566 7 CFR Ch. I (1–1–17 Edition) § 52.1008 (2) Pitted. Not more than one whole pit or two pit fragments for each 25 ounces of pitted dates may be present; and the defects or defective units in pitted dates do not exceed the total al lowances and limitations shown in Chart III of this subpart. (3) Pieces; macerated. Not more than one whole pit or two pit fragments for each 25 ounces of pitted dates may be present; and the units or mass consists of clean and sound date material, fairly free from defects that seriously affect the appearance, edibility, or keeping quality of the product. (e) (SStd) classification. Dates that fail to meet the requirements of paragraph (d) of this section may be given a score of 0 to 20 points and shall not be graded above Substandard, regardless of the total score for the product (this is a limiting rule). CHART NO. I—ALLOWANCES AND LIMITATIONS FOR DEFECTS IN WHOLE AND PITTED DATES (OTHER THAN WHOLE DRY DATES FOR PROC ESSING); U.S. GRADE A OR U.S. FANCY TOTAL ALLOWANCE Not more than a total of 10 percent, by weight of the dates, may be the following: Damaged by: Discoloration. Broken skin. Checking. Deformity. Puffiness. Scars. Sunburn. Insect injury. Improper hydrating. Mashing. Mechanical injury. Lack of pollination. Blacknose. Side spot. Black scald. Improper ripening. Other defects. Seriously damaged by checking. Seriously damaged by puffiness. Affected by: Souring. Mold. Dirt. Insect infestation. Foreign material. Decay. LIMITATIONS Not more than 3⁄5 of the total allowance or 6 percent, by weight of the dates, may be the following: Damaged by: Side spot. Black scald. Improper ripening. Other defects. Affected by: Souring. Mold. Dirt. Insect infestation. Foreign material. Decay. Not more than 2⁄5 of the total allowance, or 4 percent, by weight of the dates, may be the following: Damaged by: Improper ripening. Other defects. Affected by: Souring. Mold. Dirt. Insect infestation. Foreign material. Decay. Not more than 1⁄10 of the total allowance, or 1 percent, by weight of the dates, may be: Affected by decay. CHART NO. II—ALLOWANCES AND LIMITATIONS FOR DEFECTS IN WHOLE AND PITTED DATES OR IN WHOLE DRY DATES FOR PROCESSING; U.S. GRADE B OR U.S. CHOICE AND U.S. GRADE B (DRY) OR U.S. CHOICE (DRY) Not more than 15 percent, by weight of the dates, may be seriously damaged by check ing. Not more than 20 percent, by weight of the dates, may be damaged by broken skin. ADDITIONAL ALLOWANCE Not more than a total of 15 percent, by weight of the dates, may be the following: Damaged by: Deformity. Puffiness. Scars. Sunburn. Insect injury. Improper hydrating. Mashing. Mechanical injury. Lack of pollination. Blacknose. Side spot. Black scald. Improper ripening. Other defects. Seriously damaged by puffiness. Affected by: Souring. Mold. Dirt. Insect infestation. Foreign material. Decay. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00576 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 567 Agricultural Marketing Service, USDA § 52.1009 LIMITATIONS Not more than 2⁄3 of the additional allow ance, or 10 percent, by weight of the dates, may be the following: Damaged by: Lack of pollination. Blacknose. Side spot. Black scald. Improper ripening. Other defects. Affected by: Souring. Mold. Dirt. Insect infestation Foreign material. Decay. Not more than 1⁄3 of the additional allow ance, or 5 percent, by weight of the dates, may be the following: Damaged by: Improper ripening. Other defects. Affected by: Souring. Mold. Dirt. Insect infestation. Foreign material. Decay. Not more than 1⁄15 of the additional allow ance, or 1 percent, by weight of the dates, may be: Affected by decay. CHART NO. III—ALLOWANCES AND LIMITATIONS FOR DEFECTS IN WHOLE AND PITTED DATES OR IN WHOLE DRY DATES FOR PROCESSING; U.S. GRADE C OR U.S. STANDARD AND U.S. GRADE C (DRY) OR U.S. STANDARD (DRY) TOTAL ALLOWANCE Not more than a total of 20 percent, by weight of the dates, may be the following. Damaged by: Deformity. Scars. Sunburn. Insect injury. Improper hydrating. Mashing. Mechanical injury. Lack of pollination. Blacknose. Side spot. Black scald. Improper ripening. Other defects. Seriously damaged by puffiness Affected by: Souring. Mold. Dirt. Insect infestation. Foreign material. Decay. LIMITATIONS Not more than 1⁄2 of the total allowance, or 10 percent, by weight of the dates, may be the following. Damaged by: Lack of pollination Blacknose. Side spot. Black scald. Improper ripening. Other defects. Affected by: Souring. Mold. Dirt. Insect infestation. Foreign material. Decay. Not more than 1⁄4 of the total allowance, or 5 percent, by weight of the dates, may be the following: Affected by Souring. Mold. Dirt. Insect infestation. Foreign material. Decay. Not more than 1⁄10 of the total allowance, or 2 percent, by weight of the dates, may be: Affected by decay. § 52.1009 Character. (a) (A) classification. Whole or pitted dates that possess a good character may be given a score of 36 to 40 points. ‘‘Good character’’ means that not less than 75 percent, by weight, of the dates are well developed, well fleshed, and soft, or at the time of packing are in a state of ripeness that within 15 days will develop into such character; and the remainder may possess a reason ably good character including not more than a total of 2 percent, by weight, of the dates that may possess semi-dry calyx ends and none may possess dry calyx ends. (b) (B) classification. If the whole or pitted dates or whole dry dates for processing possess a reasonably good character, a score of 32 to 35 points may be given. Dates that fall into this classification shall not be graded above U.S. Grade B or U.S. Choice or U.S. Grade B (Dry) or U.S. Choice (Dry), whichever is applicable, regardless of the total score for the product (this is a limiting rule). VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00577 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 568 7 CFR Ch. I (1–1–17 Edition) § 52.1010 (1) ‘‘Reasonably good character’’ with respect to whole or pitted dates other than whole dry dates for processing means that the dates are pliable; that not less than 75 percent, by weight, of the dates are reasonably well developed and reasonably well fleshed, or at time of packing are in a state of ripeness that within 15 days will develop into such character and the remainder may possess a fairly good character includ ing not more than 10 percent, by weight, of the dates that may possess semi-dry calyx ends and dry calyx ends: Provided, That not more than 2 percent, by weight, of the dates may possess dry calyx ends. (2) ‘‘Reasonably good character’’ with respect to whole dry dates for proc essing means that the dates may be firm and dry; that not less than 75 per cent, by weight, of the dates are rea sonably well developed and reasonably well fleshed and that the remainder are fairly well developed and fairly well fleshed. (c) (C) classification. If the whole or pitted dates, whole dry dates for proc essing, date pieces, or macerated dates possess a fairly good character, a score of 28 to 31 points may be given. Dates that fall into this classification shall not be graded above U.S. Grade C or U.S. Standard or U.S. Grade C (Dry) or U.S. Standard (Dry), whichever is ap plicable, regardless of the total score for the product (this is a limiting rule). ‘‘Fairly good character’’ has the fol lowing meanings with respect to the following styles: (1) Whole; pitted. (i) In whole or pitted dates other than whole dry dates for processing the dates may be firm but are pliable; may possess semi-dry calyx ends; and not less than 80 percent, by weight, of the dates are fairly well de veloped and are fairly well fleshed, or at time of packing are in a state of ripeness that within 15 days will de velop into such character and the re mainder may fail to possess such fairly good character or may possess dry calyx ends. (ii) In whole dry dates for processing the dates may be firm and dry but are fairly well developed and fairly well fleshed. (2) Pieces; macerated. The character may be variable throughout the units or mass but not seriously affected by dry calyx end material or inedible por tions of dates. (d) (SStd) classification. Dates that fail to meet the requirements of paragraph (c) of this section may be given a score of 0 to 27 points and shall not be graded above Substandard, regardless of the total score for the product (this is a limiting rule). LOT INSPECTION AND CERTIFICATION § 52.1010 Ascertaining the grade of a lot. The grade of a lot of the processed product covered by these standards is determined by the procedures set forth in the regulations governing inspection and certification of processed fruits and vegetables, processed products thereof, and certain other processed food products (§§ 52.1 to 52.87). [22 FR 3547, May 22, 1957. Redesignated at 42 FR 32514, June 27, 1977 and further redesig nated at 46 FR 63203, Dec. 31, 1981] SCORE SHEET § 52.1011 Score sheet for dates. Size and kind of container. Container mark or identification. Label or brand. Net weight. Style. Count (per lb.). Moisture content (if determined). One variety (b) Yes (b) No. Factors Score points. Color .............. 20 (A) 18–20 (B) (B-Dry) 1 16–17 (C) (C-Dry) 1 14–15 (SStd) 1 0–13 Uniformity of size. 10 (A) (B) (B-Dry) 9–10 1 8 (C) (C-Dry) 1 7 (SStd) 1 0–6 Absence of defects. 30 (A) (B) (B-Dry) 27–30 1 24–26 (C) (C-Dry) 1 21–23 (SStd) 1 0–20 Character ....... 40 (A) 36–40 (B) (B-Dry) 1 32–35 (C) (C-Dry) 1 28–31 (SStd) 1 0–27 Total score 100 Grade. 1 Limiting rule. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00578 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 569 Agricultural Marketing Service, USDA § 52.1844 1 Compliance with the provisions 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 Processed Raisins 1 SOURCE: 41 FR 34751, Aug. 17, 1976, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. § 52.1841 Product description. Processed Raisins are dried grapes of the Vinifera varieties, such as Thomp son Seedless (Sultanina), Muscat of Al exandria, Muscatel Gordo Blanco, Sul tana, Black Corinth or White Corinth. The processed raisins are prepared from clean, sound, dried grapes; are properly stemmed and capstemmed ex cept for cluster or uncapstemmed rai sins; are properly seeded in seeded styles; are sorted or cleaned, or both; and except for cluster or uncapstemmed raisins, are washed in water to assure a wholesome product. § 52.1842 Product description of Layer or (Cluster) raisins with seeds. Raisins with Seeds that are referred to as Layer or Cluster raisins means that the raisins have not been detached from the main bunch. § 52.1843 Summary of types (varieties) of processed raisins. (a) Type I—Seedless Raisins. (1) Natural. (2) Dipped, Vine-dried, or similarly processed raisins. (b) Type II—Golden Seedless Raisins. (c) Type III—Raisins with Seeds. (1) Natural. (i) Seeded (seeds removed). (ii) Unseeded-capstemmed (loose). (iii) Unseeded-uncapstemmed (loose). (iv) Layer (or Cluster). (2) Dipped, Vine-dried, or other simi larly processed raisins. (i) Seeded (seeds removed). (ii) Unseeded-capstemmed (loose). (iii) Unseeded-uncapstemmed (loose). (d) Type IV—Sultana Raisins. (e) Type V—Zante Currant Raisins. (1) Unseeded. (2) Seeded. (f) Type VI—Mixed Types or Vari eties of Raisins. A mixture of two or more different types (varieties) of rai sins including sub-types outlined in this section but other than: (1) Mix tures containing Layer or Cluster Rai sins with seeds; (2) Mixtures containing Unseeded-capstemmed and Unseeded uncapstemmed Raisins with Seeds; and (3) mixture of Seeded and Unseeded Raisins with Seeds. [41 FR 34751, Aug. 17, 1976. Redesignated at 42 FR 32514, June 27, 1977 and at 46 FR 63203, Dec. 31, 1981, as amended at 63 FR 72101, Dec. 31, 1998] § 52.1844 Definition of terms. (a) Capstems means small woody stems exceeding 1⁄8-inch in length which attach the raisins to the branches of the bunch. (b) A piece of stem means a portion of the branch or main stem. (c) Seeds refers to whole, fully devel oped seeds which have not been re moved during the processing of seeded raisins with seeds. (d) Damaged raisins means raisins af fected by sunburn, scars, insect injury, mechanical injury, or other similar means which seriously affect the ap pearance, edibility, keeping quality, or shipping quality of the raisins. In seed ed Raisins with Seeds, mechanical in jury resulting from normal seeding op erations is not considered damage. (e) Sugared means either external or internal sugar crystals are present and the accumulation of such crystallized fruit sugars in the flesh or on the sur face of the raisins is readily apparent. (f) Grit, sand, or silt means any par ticle or earthy material. (g) Moisture means the percentage by weight of the processed raisins, exclu sive of branch and heavy stem mate rial, that is moisture when determined by the ‘‘Dried Fruit Moisture Tester Method’’ or in accordance with other methods that give equivalent results. (h) Slightly discolored means a raisin affected by a brown to dark brown dis colored area around the capstem end of the raisin that is less than the area of a circle 1⁄8-inch in diameter. (i) Discolored means a raisin affected by a brown to dark brown discolored area around the capstem end of the rai sin that equals or exceeds the area of a VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00579 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 570 7 CFR Ch. I (1–1–17 Edition) § 52.1845 circle 1⁄8-inch in diameter; Provided, That the overall appearance, keeping quality, and edibility of the product are not seriously affected. (j) Well-matured means raisins that are full-fleshed, may have fine wrinkles and are rounded in appearance. (k) Reasonably well-matured means raisins that are reasonably full-fleshed and may have shallow wrinkles with thick edged ridges. (l) Fairly well-matured means raisins that are thin-fleshed and angular in ap pearance. (m) Substandard development means raisins that are practically lacking in flesh. (n) Undeveloped refers to extremely light berries that are lacking in sugary tissue indicating incomplete develop ment; are reddish in color; are com pletely shriveled; have fine wrinkles on smaller units and moderately deep wrinkles on slightly larger units; and are commonly referred to as ‘‘worth less.’’ TYPE I—SEEDLESS RAISINS § 52.1845 Sizes of seedless raisins. The size designations and measure ment requirements for the respective sizes are: (a) Select size raisins means that no more than 60 percent, by weight, of all the raisins will pass through round per forations 22⁄64-inch in diameter, but not more than 10 percent, by weight, of all the raisins may pass through round perforations 20⁄64-inch in diameter. (b) Small size raisins means that 95 percent, by weight, of all the raisins will pass through round perforations 24⁄64-inch in diameter, and not less than 70 percent, by weight, of all raisins will pass through round perforations 22⁄64 inch in diameter. (c) Mixed size raisins means a mix ture that does not meet either the re quirements for ‘‘select’’ size or for ‘‘small’’ size. [41 FR 34751, Aug. 17, 1976. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981, as amend ed at 81 FR 40780, June 23, 2016] § 52.1846 Grades of seedless raisins. (a) ‘‘U.S. Grade A’’ is the quality of seedless raisins that have similar vari etal characteristics; that have a good typical color; that have a good char acteristic flavor; that show develop ment characteristics of raisins pre pared from well-matured grapes with not less than 80 percent, by weight, of raisins that are well-matured or rea sonably well-matured; that contain not more than 18 percent, by weight, of moisture for all varieties of seedless raisins except the Monukka variety, which may contain not more than 19 percent, by weight, of moisture; and that meet the additional requirements outlined in Table I of this subpart. (b) ‘‘U.S. Grade B’’ is the quality of seedless raisins that have similar vari etal characteristics; that have a rea sonably good typical color; that have a good characteristic flavor; that show development characteristics of raisins prepared from reasonably well-matured grapes with not less than 70 percent, by weight, of raisins that are well-ma tured or reasonably well-matured; that contain not more than 18 percent, by weight, of moisture for all varieties of seedless raisins except the Monukka variety, which may contain not more than 19 percent, by weight, of mois ture; and that meet the additional re quirements outlined in Table I of this subpart. (c) ‘‘U.S. Grade C’’ is the quality of seedless raisins that have similar vari etal characteristics; that have a fairly good typical color; that have a fairly good flavor; that show development characteristics of raisins prepared from fairly well-matured grapes with not less than 55 percent, by weight, of rai sins that are well-matured or reason ably well-matured; that contain not more than 18 percent, by weight, of moisture for all varieties of seedless raisins except the Monukka variety, which may contain not more than 19 percent, by weight, of moisture; and that meet the additional requirements outlined in Table I of this subpart. (d) ‘‘Substandard’’ is the quality of seedless raisins that fail to meet the requirements of U.S. grade C. [43 FR 51754, Nov. 7, 1978. Redesignated at 46 FR 63203, Dec. 31, 1981] VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00580 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 571 Agricultural Marketing Service, USDA § 52.1847 TABLE I—ALLOWANCES FOR DEFECTS IN TYPE I, SEEDLESS RAISINS AND TYPE II, GOLDEN SEEDLESS RAISINS Maximum count (per 96 ounces) Pieces of stem ........................................ 1 2 4 Maximum count (per 16 ounces) Capstems ................................................ 15 25 35 Maximum (percent by weight) Sugared ................................................... 5 10 15 Discolored, damaged or moldy raisins ... 4 6 9 Provided these limits are not exceeded: Damaged .......................................... 2 3 5 Moldy ................................................ 2 3 4 Total Substandard development and undevel oped: Selected size .................................... 1 11⁄2 2 Mixed size ........................................ 1 2 3 Small size ......................................... 2 3 5 Appearance or edibility of product Slightly discolored or damaged by fermentation or any other defect not described above. May not be affected ............ May not be more than slightly affected. May not be materially af fected. Grit, sand, or silt .............................. None of any consequence may be present that affects the appearance or edibility of the product. Not more than a trace may be present that affects the appearance or edibility of the product. [41 FR 34751, Aug. 17, 1976. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981, as amend ed at 81 FR 40780, June 23, 2016] TYPE II—GOLDEN SEEDLESS RAISINS § 52.1847 Colors of golden seedless rai sins. The color of Golden Seedless Raisins is not a factor of quality for the pur pose of these grades. The color require ments applicable to the respective color designations are as follows: (a) ‘‘Well colored’’ means that the raisins are practically uniform in color and may range from yellow or golden to light amber color with a predomi nating yellow or golden color and that not more than 1⁄2 of 1 percent, by weight, of all the raisins may be defi nitely dark berries. (b) ‘‘Reasonably well colored’’ means that the raisins are reasonably uniform in color and may range from yellow or golden or greenish yellow to light amber wherein the predominating color may be greenish yellow or light amber and that not more than 3 percent, by weight, of all the raisins may be defi nitely dark berries. (c) ‘‘Fairly well colored’’ means that the raisins are fairly uniform in color and may range from yellow or greenish yellow to amber or light greenish amber and that not more than 6 per cent, by weight, of all the raisins may be definitely dark berries. (d) ‘‘Colored’’ means that the raisins may be variable in color and may range from yellowish green to dark amber or dark greenish amber; that not more than 20 percent, by weight, of all the raisins may be definitely dark berries. (e) ‘‘Definitely dark berries’’ means raisins which are definitely darker than dark amber and characteristic of naturally ‘‘raisined’’ grapes. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00581 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 572 7 CFR Ch. I (1–1–17 Edition) § 52.1848 § 52.1848 Sizes of golden seedless rai sins. The size designations and measure ment requirements for the respective sizes of Golden Seedless Raisins are the same as for Seedless Raisins (See § 52.1845). § 52.1849 Grades of golden seedless rai sins. Except for color, the grades of Golden Seedless Raisins are the same as for Seedless Raisins (See § 52.1846 and Table I). TYPE III—RAISINS WITH SEEDS § 52.1850 Sizes of raisins with seeds— except layer or cluster. The sizes of Raisins with Seeds—ex cept for Layer or Cluster Raisins with Seeds, are not incorporated in the grades of the finished product since size, as such, is not a factor of quality for the purposes of these grades. The common size designations and meas urement requirements applicable thereto include, but are not limited to, the following: (a) Seeded. (1) Select size raisins means that not more than 70 percent, by weight, of the raisins will pass through round perforations 34⁄64-inch in diameter; and not more than 5 percent, by weight, of the raisins will pass through round perforations 22⁄64-inch in diameter. (2) Small size raisins means that all of the raisins will pass through round per forations 34⁄64-inch in diameter and not less than 90 percent, by weight, of all the raisins will pass through round per forations 22⁄64-inch in diameter. (3) Mixed size raisins means a mix ture does not meet either the require ments for ‘‘select’’ size or for ‘‘small’’ size. (b) Unseeded. (1) 4 Crown means rai sins that will not pass through round perforations 42⁄64-inch in diameter. (2) 3 Crown means raisins that will pass through round perforations 42⁄64 inch in diameter but will not pass through round perforations 34⁄64-inch in diameter. (3) 2 Crown means raisins that will pass through round perforations 34⁄64 inch in diameter but will not pass through round perforations 24⁄64-inch in diameter. (4) 1 Crown means raisins that will pass through round perforations 24⁄64 inch in diameter. [41 FR 34751, Aug. 17, 1976. Redesignated at 42 FR 32514, June 27, 1977, and further redesig nated at 46 FR 63203, Dec. 31, 1981, as amend ed at 81 FR 40780, June 23, 2016] § 52.1851 Sizes of raisins with seeds— layer or cluster. The size of Layer or Cluster Raisins with Seeds is incorporated in the grades of the finished product. The size designation and measurement as appli cable to layer or cluster raisins with seeds are: (a) 3 Crown size or larger. ‘‘3 Crown size or larger’’ in Layer or Cluster Rai sins with Seeds means that the raisins, exclusive of stems and branches, are such a size that they will not pass through round perforations 34⁄64-inch in diameter. § 52.1852 Grades of raisins with seeds—except layer or cluster. (a) ‘‘U.S. Grade A’’ is the quality of Raisins with Seeds that have similar varietal characteristics; that have a good typical color with not more than 10 percent, by weight, that may be dark reddish-brown berries; that have a good characteristic flavor; that show development characteristics of raisins prepared from well-matured grapes; with not less than 80 percent, by weight, of raisins that are well-ma tured or reasonably well-matured; that contain not more than 18 percent, by weight, of moisture, except that any seeded raisins may contain not more than 19 percent, by weight, of mois ture; and meet the additional require ments as outlined in Table II of this subpart. (b) ‘‘U.S. Grade B’’ is the quality of Raisins with Seeds that have similar varietal characteristics; that have a reasonably good typical color with not more than 15 percent, by weight, that may be dark reddish-brown berries; that have a good characteristic flavor; that show development characteristics of raisins prepared from reasonably well-matured grapes; with not less than 70 percent, by weight, of raisins that are well-matured or reasonably VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00582 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 573 Agricultural Marketing Service, USDA § 52.1853 well matured; that contain not more than 18 percent, by weight, of mois ture, except that any seeded raisins may contain not more than 19 percent, by weight, of moisture; and meet the additional requirements as outlined in Table II of this subpart. (c) ‘‘U.S. Grade C’’ is the quality of Raisins with Seeds that have similar varietal characteristics; that have a fairly good typical color with not more than 20 percent, by weight, that may be dark reddish-brown berries; that have a fairly good flavor; that show develop ment characteristics of raisins pre pared from fairly well-matured grapes; that contain not more than 18 percent, by weight, of moisture, except that any seeded raisins may contain not more than 19 percent, by weight, of mois ture; and meet the additional require ments as outlined in Table II of this subpart. (d) ‘‘Substandard’’ is the quality of Raisins with Seeds that fail to meet the requirements of U.S. Grade C. TABLE II—ALLOWANCES FOR DEFECTS IN RAISINS WITH SEEDS—EXCEPT LAYER OR CLUSTER Maximum count (per 32 ounces) Pieces of stem ........................................ 7 2 3 Maximum count (per 16 ounces) Capstems in other than uncapstemmed types .................................................... 10 15 20 Seeds in seeded types ........................... 12 15 20 Loose capstems in uncapstemmed types 20 20 20 Maximum (percent by weight) Sugared ................................................... 5 10 15 Discolored, damaged, or moldy .............. 5 7 9 Provided these limits are not exceeded: Damaged .......................................... 3 4 5 Moldy ....................................................... 2 3 4 Substandard development and undevel oped ..................................................... 2 5 8 Appearance or edibility of product Slightly discolored or damaged by fer mentation or any other defect not de scribed above. May not be affected ......... May not be more than slightly affected. May not be more than materially affected. Grit, sand, or silt ...................................... None of any consequence may be present that affects the appearance or edibility of the product. Not more than a trace may be present that af fects the appearance or edibility of the product. § 52.1853 Grades of raisins with seeds—layer or cluster. (a) ‘‘U.S. Grade A’’ is the quality of Layer or Cluster Raisins with Seeds that have similar varietal characteris tics; that have a good typical color; that have a good characteristic flavor; that are uniformly cured and show de velopment characteristics of raisins prepared from well-matured grapes; that contain not more than 23 percent, by weight, of moisture; that not less than 30 percent, by weight, of the rai sins, exclusive of stems and branches, are 3-Crown size or larger; and that meet the following additional require ments as outlined in Table III of this subpart. (b) ‘‘U.S. Grade B’’ is the quality of Layer or Cluster Raisins with Seeds that have similar varietal characteris tics that have a reasonably good typ ical color; that have a good char acteristic flavor; that are uniformly cured and show development character istics of raisins prepared from reason ably well-matured grapes; that contain not more than 23 percent, by weight, of the moisture, that not less than 30 per cent, by weight, of the raisins exclusive of stems and branches, are 3-Crown size or larger; and that meet the additional VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00583 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 574 7 CFR Ch. I (1–1–17 Edition) § 52.1854 requirements outlined in Table III of this subpart. (c) ‘‘Substandard’’ is the quality of Layer or Cluster Raisins with Seeds that fail to meet the requirements of U.S. Grade B. TABLE III—ALLOWANCE FOR DEFECTS IN LAYER OR CLUSTER RAISINS WITH SEEDS Maximum (percent by weight) Sugared ............................................................................................. 5 10 Discolored, damaged, or moldy ........................................................ 5 7 Provided these limits are not exceeded: Damaged .................................................................................... 3 4 Moldy .......................................................................................... 2 3 Substandard development and undeveloped ................................... 2 5 Shattered (or loose) individual berries and small clusters of 2 or 3 berries each. Practically free ..................... Reasonably free. Appearance or edibility of product Slightly discolored or damaged by fermentation or any other defect not described above. May not be affected ............ May not be more than slightly affected. Grit, sand, or silt ................................................................................ None of any consequence may be present that affects the appearance or edibility of the product. TYPE IV—SULTANA RAISINS § 52.1854 Sizes of Sultana raisins. Size designations are not applicable to Sultana Raisins. § 52.1855 Grades of Sultana raisins. (a) ‘‘U.S. Grade A’’ is the quality of Sultana Raisins that have similar vari etal characteristics; that have a good typical color; that have a good char acteristic flavor; that show develop ment characteristics of raisins pre pared from well-matured grapes; with not less than 80 percent, by weight, of raisins that are well-matured or rea sonably well-matured; and that contain not more than 18 percent, by weight, of moisture, and that meet the additional requirements outlined in Table IV of this subpart. (b) ‘‘U.S. Grade B’’ is the quality of Sultana Raisins that have similar vari etal characteristics; that have a rea sonably good typical color; that have a good characteristic flavor; that show development characteristics of raisins prepared from reasonably well-matured grapes; with not less than 70 percent, by weight, of raisins that are well-ma tured or reasonably well-matured; and that contain not more than 18 percent, by weight, of moisture, and that meet the additional requirements as out lined in Table IV of this subpart. TABLE IV—ALLOWANCES FOR DEFECTS IN SULTANA RAISINS Maximum count (per 32 ounces) Pieces of stem ................................................................ 1 2 3 Maximum count (per 16 ounces) Capstems ........................................................................ 25 45 65 Maximum (percent by weight) Sugared ........................................................................... 5 10 15 Discolored, damaged, or moldy ...................................... 4 6 9 Provided these limits are not exceeded: Damaged .................................................................. 2 3 5 Moldy ........................................................................ 2 3 4 Substandard development and undeveloped ................. 2 5 8 VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00584 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 575 Agricultural Marketing Service, USDA § 52.1857 Appearance or edibility of product Slightly discolored or damaged by fermentation or any other defect not described above. May not be affected .. May not be more than slightly af fected. May not be more than materially af fected. Grit, sand, or silt .............................................................. None of any consequence may be present that affects the appearance or edibility of the product. Not more than a trace may be present that affects the appear ance or edibility of the product. (c) ‘‘U.S. Grade C’’ is the quality of Sultana Raisins that have similar vari etal characteristics; that have a fairly good typical color; that have a fairly good flavor; that show development characteristics of raisins prepared from fairly well-matured grapes; that con tain not more than 18 percent, by weight, of moisture; and that meet the additional requirements as outlined in Table IV of this subpart. (d) ‘‘Substandard’’ is the quality of Sultana Raisins that fail to meet the requirements of U.S. Grade C. TYPE V—ZANTE CURRANT RAISINS § 52.1856 Sizes of zante currant rai sins. Size designations are not applicable to Zante Currant Raisins. § 52.1857 Grades of zante currant rai sins. (a) ‘‘U.S. Grade A’’ is the quality of Zante Currant Raisins that have simi lar varietal characteristics; that have a good typical color; that have a good characteristic flavor; that show devel opment characteristics of raisins pre pared from well-matured grapes; that have not less than 75 percent, by weight, of raisins that are well-ma tured or reasonably well matured; that contain not more than 20 percent, by weight, of moisture; and meet the addi tional requirements as outlined in Table V of this subpart. TABLE V—ALLOWANCES FOR DEFECTS IN ZANTE CURRANT RAISINS Defects Maximum count U.S. Grade A U.S. Grade B Pieces of stem .................................................................. 1 per 24 ounces ........................... 1 per 16 ounces. Seeds (in Seeded style) ................................................... 12 per 16 ounces ......................... 15 per 16 ounces. Maximum (percent by weight) Capstems—Zantes with capstems and loose capstems (include one Zante with each loose capstem). 11⁄2 ............................................... 2 Sugared ............................................................................ 5 ................................................... 10 Discolored, damaged, or moldy ....................................... 5 ................................................... 7 Provided these limits are not exceeded: Damaged ............................................................ 2 ................................................... 3 Moldy .................................................................. 3 ................................................... 4 Substandard Development and Undeveloped ................. 2 ................................................... 5 Appearance or edibility of product Slightly discolored or damaged by fermentation or any other defect not described above. May not be affected ..................... May not be more than slightly af fected. Grit, sand, or silt .............................................................. None of any consequence may be present that affects the appearance or edibility of the product. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00585 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 576 7 CFR Ch. I (1–1–17 Edition) § 52.1858 (b) ‘‘U.S. Grade B’’ is the quality of Zante Currant Raisins that have simi lar varietal characteristics; that have a reasonably good typical color; that have a good characteristic flavor; that have development characteristics of raisins prepared from reasonably well matured and/or fairly well matured grapes; that contain not more than 20 percent, by weight, of moisture; and meet the additional requirements as outlined in Table V of this subpart. (c) ‘‘Substandard’’ is the quality of Zante Currant Raisins that fail to meet the requirements of U.S. Grade B. TYPE VI—MIXED TYPES OF RAISINS § 52.1858 Grades of mixed types or va rieties of raisins. The grade of a lot of mixed types of processed raisins shall be the lower (or lowest) grade of any varietal type in the mixture based on the respective re quirements for each type, except for moisture, in accordance with this sub part. Mixed types of processed raisins of U.S. Grade A, U.S. Grade B, or U.S. Grade C may contain not more than 18 percent, by weight, of moisture. Mixed types of processed raisins that as a mixture exceed 18 percent, by weight, of moisture are ‘‘Substandard.’’ Subpart—United States Standards for Grades of Dried Prunes SOURCE: 21 FR 8177, Oct. 25, 1956, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. PRODUCT DESCRIPTION, VARIETAL TYPES, SIZES, GRADES § 52.3181 Product description. Dried prunes are prepared from sound, properly matured prune plums from which the greater portion of moisture is removed by drying. The dried prunes are cleaned to assure a wholesome product; they may be treat ed with water or steam; and a safe and suitable preservative may be added. [30 FR 11596, Sept. 10, 1965. Redesignated at 42 FR 32514, June 27, 1977 and further redesig nated at 46 FR 63203, Dec. 31, 1981] § 52.3182 Varietal types of dried prunes. (a) Type I. French; or Robe; or a mix ture of French and Robe. (b) Type II. Italian. (c) Type III. Imperial; or Sugar; or a mixture of Imperial and Sugar. (d) Type IV. Any other types; or mix tures of any types other than mixtures in Type I and Type III of this section. § 52.3183a Styles of dried prunes. (a) Whole Unpitted—from which pits have not been removed. (b) Whole Pitted—from which pits have been removed. [30 FR 11596, Sept. 10, 1965. Redesignated at 42 FR 32514, June 27, 1977 and further redesig nated at 46 FR 63203, Dec. 31, 1981] § 52.3183b Count-sizes of whole unpitted dried prunes. (a) Count-sizes. Except for U.S. Grade A or U.S. Fancy, the count-sizes of dried prunes are not incorporated in the grades of dried prunes. The count sizes of dried prunes in this subpart refer to the count (or number) of prunes per pound of dried prunes. The various sizes of dried prunes for the re spective varietal types are commonly designated as follows, but may be des ignated by other numerical expres sions: (1) Type I; Type IV. 30/40, 40/50, 50/60, 60/70, 70/80, 80/90, 90/100, 100/120, 120 and over. (2) Type II. 25/35, 35/45, 30/40, 40/50, 50/ 60, 60/70, 70/80, 80/90, 90/100. (3) Type III. 15/20, 18/24, 20/30, 30/40, 40/ 50, 50/60, 60/70. (b) Recommended size nomenclature. The following size nomenclature is rec ommended for the respective ‘‘countsizes’’ of dried prunes: Extra large ... Average: Not more than 43 prunes per pound. Large ........... Average: Not more than 53 prunes per pound. Medium ........ Average: Not more than 67 prunes per pound. Small ............ Average: Not more than 85 prunes per pound. [21 FR 8177, Oct. 25, 1956. Redesignated at 30 FR 11596, Sept. 10, 1965, and further redesig nated at 42 FR 32514, June 27, 1977 and 46 FR 63203, Dec. 31, 1981] VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00586 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 577 Agricultural Marketing Service, USDA § 52.3184 § 52.3184 Grades of dried prunes. (a) ‘‘U.S. Grade A’’ or ‘‘U.S. Fancy’’ is the quality of dried prunes that, ex cept for mixed types, possess similar varietal characteristics; that are fairly uniform in size and average 85 prunes or less per pound; that meet the appli cable moisture limits in Table IV of this subpart but regardless of size and kind of packaging are reasonably uni form in moisture; and that do not ex ceed the total allowances and limita tions for defects shown in Table I of this subpart. (b) ‘‘U.S. Grade B’’ or ‘‘U.S. Choice’’ is the quality of dried prunes that, ex cept for mixed types, possess similar varietal characteristics; that are fairly uniform in size; that meet the applica ble moisture limits in Table IV of this subpart but regardless of size and kind of packaging are reasonably uniform in moisture; and that do not exceed the total allowances and limitations for defects shown in Table II of this sub part. (c) ‘‘U.S. Grade C’’ or ‘‘U.S. Stand ard’’ is the quality of dried prunes that, except for mixed types, possess similar varietal characteristics; that are fairly uniform in size; that meet the applicable moisture limits in Table IV of this subpart but regardless of size and kind of packaging are reasonably uniform in moisture; and that do not exceed the total allowances and limita tions for defects shown in Table III of this subpart (d) ‘‘Substandard’’ is the quality of dried prunes that meet the applicable moisture limits in Table IV of this sub part but regardless of size and kind of packaging are reasonably uniform in moisture; and that may fail to meet other requirements for U.S. Grade C or U.S. Standard, but not more than 5 per cent, by weight, of the dried prunes may be affected by mold, dirt, foreign material, insect infestation, or decay: Provided, That not more than 1 percent, by weight, of the dried prunes may be affected by decay. TABLE I—U.S. GRADE A OR U.S. FANCY; ALLOWANCES FOR DEFECTS Total allowance Limitations Not more than a total of 10 percent, by weight, may be damaged or af fected by: Not more than 6 percent, by weight, may be damaged or affected by: Not more than 3 percent, by weight, may be affected by: Not more than 1 percent, by weight, may be affected by: Off-color. Poor texture. Mold. Decay. Poor texture. End cracks. Dirt. End cracks. Skin or flesh Foreign material. Skin or flesh dam age. 2 damage. 2 Fermentation. Insect infestation. Decay. Fermentation. Scars. Scars. Heat damage. Heat damage. Insect injury. Insect injury. Other means. Other means. Mold. Mold. Dirt. Dirt. Foreign material. Foreign material. Insect infestation. Inset infestation. Decay. Decay. TABLE II—U.S. GRADE B OR U.S. CHOICE: ALLOWANCES FOR DEFECTS Total allowance Limitations Not more than a total of 15 percent, by weight, may be damaged or af fected by: Not more than 8 percent, by weight, may be damaged or affected by: Not more than 4 percent, by weight, may be affected by: Not more than 1 percent, by weight, may be affected by: Off-color. Poor texture. Mold Decay. Poor texture. End cracks. Dirt. End cracks. Skin or flesh. Foreign material. Skin or flesh damage. 2 Inset infestation. damage. 2 Fermentation. Decay. Fermentation. Scars. Scars. Heat damage. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00587 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 578 7 CFR Ch. I (1–1–17 Edition) § 52.3185 TABLE II—U.S. GRADE B OR U.S. CHOICE: ALLOWANCES FOR DEFECTS—Continued Total allowance Limitations Heat damage. Inset injury. Insect injury. Other means. Other means. Mold. Mold. Dirt Dirt. Foreign material. Foreign material. Insect infestation. Insect infestation. Decay. Decay. TABLE III—U.S. GRADE C OR U.S. STANDARD ALLOWANCES FOR DEFECTS Total allowance Limitations Not more than a total of 20 percent, by weight, may be damaged or af fected by: Not more than 10 percent, by weight, may be damaged or affected by: Not more than 8 percent, by weight, may be damaged or affected by: Not more than 5 percent, by weight, may be affected by: Off-color. End cracks. 1 Skin or flesh Mold. Poor texture. Skin or flesh damage. 2 Dirt. End cracks. 1 damage. 2 Fermentation. Foreign material. Skin or flesh dam age. 2 Fermentation. Scars. Scars. Heat damage. Insect infestation. Decay. Fermentation. Scars. Heat damage. Insect injury. Heat damage. Insect injury. Other means. Insect injury. Other means. Mold. Provided, That not more than 1 percent, by weight, may be affected by decay. Other means. Mold. Dirt. Mold. Dirt. Foreign material. Dirt. Foreign material. Insect infestation. Foreign material. Insect infestation. Decay. Insect infestation. Decay. Decay. 1 Except that each 1 percent of end cracks to, and including, 8 percent, by weight, shall be considered as 1⁄2 percent damaged by end cracks; and any additional end cracks shall be calculated as true percentage, by weight. 2 Not applicable to ‘‘Whole Pitted’’ style. TABLE IV—MOISTURE ALLOWANCES FOR DRIED PRUNES [Non-hermetically sealed containers; 10 pounds or more] Grades Maximum moisture limits (percent) Counts averaging 60 or less per pound Counts averaging 61 or more per pound U.S. Grade A or U.S. fancy .............. 25 24 U.S. Grade B or U.S. choice ............. 25 24 U.S. Grade C or U.S. standard ......... 25 24 Substandard ...................................... 25 24 [21 FR 8177, Oct. 25, 1956, as amended at 30 FR 11596, Sept. 10, 1965. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981] MOISTURE, UNIFORMITY OF SIZE, DEFECTS § 52.3185 Moisture limits. Dried prunes shall not exceed the moisture limits for the applicable grades and kind and size of packaging as designated in Table IV of this sub part except there is no moisture limit when safe and suitable preservatives have been added. ‘‘Moisture’’ means the percentage by weight of the fin ished dried prunes, exclusive of pits, that is moisture when determined by the Dried Fruit Moisture Tester Meth od or in accordance with methods that give equivalent results. The moisture limits in Table IV apply only to so called ‘‘bulk packs’’ of dried prunes packaged in non-hermetically sealed containers holding 10 pounds or more of dried prunes when safe and suitable preservatives have not been added. Such containers include, but are not limited to, wood boxes or fiber boxes. [30 FR 11596, Sept. 10, 1965. Redesignated at 42 FR 32514, June 27, 1977, and further redes ignated at 46 FR 63203, Dec. 31, 1981] VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00588 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 579 Agricultural Marketing Service, USDA § 52.3187 § 52.3186 Definitions for uniformity of size. (a) Fairly uniform in size. ‘‘Fairly uni form in size’’ means that in a sample of 100 ounces: (1) For prunes that average 53 prunes or less per pound, the count per pound of 10 ounces of the smallest prunes does not vary from the count per pound of 10 ounces of the largest prunes by more than 25 points; or (2) For prunes that average 54 prunes or more per pound, the count per pound of 10 ounces of the smallest prunes does not vary from the count per pound of 10 ounces of the largest prunes by more than 45 points. § 52.3187 Definitions and explanations of defects. Dried prunes damaged or affected by the following are scorable as defects: (a) Off-color. ‘‘Off-color’’ means a skin color different from characteristic black, blue-black, reddish-purple, or other characteristic skin color for the type. (b) Poor texture. ‘‘Poor texture’’ means porous, woody, or fibrous flesh or immature prunes or prunes pos sessing flesh interspersed with exces sive air pockets in which the texture of the flesh is noticeably different from the flesh of mature prunes which have been properly dried, handled, and proc essed. ‘‘Excessive air pockets’’ means that the prunes are affected by air pockets to the extent that the appear ance and eating quality is seriously af fected. (c) End cracks. ‘‘End cracks’’ means callous apex-end cracks which, singly or in the aggregate on a prune, are more than 3⁄8 inch in length but not more than 1⁄2 inch in length. (d) Skin or flesh damage. ‘‘Skin or flesh damage’’ in the case of ‘‘Whole Unpitted’’ style means: (1) Callous growth cracks (other than callous apex-end cracks) which, singly or in the aggregate on a prune, exceed 3⁄8 inch in length; and callous apex-end cracks which, singly or in the aggre gate on a prune, exceed 1⁄2 inch in length. (2) Splits or skin breaks not having callous edges when the flesh is mashed out beyond the protecting skin so as to affect materially the normal appear ance of the prune; (3) Any cracks, splits, or skin breaks open to the pit; (4) Any skin damage from multiple short skin breaks giving a very ‘‘rough’’ appearance to the prune such as may result from over-dipping, rain damage, processing, or other causes which in Type I dried prunes affect ma terially the appearance or edibility of the prune, or which in other types or other mixtures affect markedly the ap pearance or edibility of the prune. (e) Fermentation. ‘‘Fermentation’’ means that the prune is fermented as evidenced by a distinct sour taste or odor or by darkening in color char acteristic of fermentation or souring. (f) Scars. ‘‘Scars’’ mean: (1) Tough or thick scab which, singly or in combination on a prune, exceeds the area of a circle 3⁄8 inch in diameter such as may result from thrip injury, mildew, leaf chafing, limb rubs, or other means; or (2) Scab which is not tough or thick and which, singly or in combination on a prune, exceeds the area of a circle 3⁄4 inch in diameter and which is incon sequential but unsightly though prac tically blending in color with the skin on the portion of the prune not af fected. (g) Heat damage. ‘‘Heat damage’’ means burning or scorching from the sun or in dehydration so as to damage materially the skin or flesh, or both, of the prune. (h) Insect injury. ‘‘Insect injury’’ means healed or unhealed surface blemishes and healed or unhealed blemishes extending into the flesh which affect materially the appear ance, edibility, or keeping quality of the prune but which do not possess evi dence of insect infestation. (i) Other means. ‘‘Other means’’ in cludes damage by any injury or defect or group of defects not specifically mentioned in this section which mate rially affects the appearance, edibility, or keeping quality of the fruit, but ‘‘other means’’ does not include defects of a nature such as defined in para graph (j), (k), (l), (m), or (n) of this sec tion. (j) Mold. ‘‘Mold’’ means a char acteristic fungus growth as evidenced VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00589 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 580 7 CFR Ch. I (1–1–17 Edition) § 52.3188 by a moldy or smutty condition and which, singly or in the aggregate on a prune, is equal to or exceeds the area of a circle 3⁄16 inch in diameter. (k) Dirt. ‘‘Dirt’’ means the presence of any quantity of such substance, whether imbedded or adhering to the prune, which gives the prune a dirty, smudgy appearance and which may not be removed readily by washing. (l) Foreign material. ‘‘Foreign mate rial’’ means leaves, twigs, pieces of wood, and similar extraneous materials which are objectionable. (m) Insect infestation. ‘‘Insect infesta tion’’ means the presence of dead in sects, insect fragments, or insect re mains. (No live insects are permitted). (n) Decay. ‘‘Decay’’ means a state of decomposition, wholly or in part, of the prune. [21 FR 8177, Oct. 25, 1956, as amended at 30 FR 11596, Sept. 10, 1965. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981] WORK SHEET § 52.3188 Work sheet for dried prunes. Size and kind of container. Container mark or identification. Label or brand. Varietal type. Style. Size: Count per pound (Average). Uniformity. ( ) Extra large. ( ) Large. ( ) Medium. ( ) Small. Moisture content percent; Uniformity. Varietal characteristics: ( ). Similar. ( ) Dissimilar. Defects and summary of allowances 1 Grade A max imum Grade B max imum Grade C max imum Substandard max imum Total of all defects, including off-color ............. 10 percent ........... 15 percent ........... ............................. No limit except as indicated below. Total of all defects, including off-color and poor texture. ............................. ............................. 20 percent. Poor texture, end cracks, skin or flesh dam age, 3 fermentation, scars, heat damage, in sect injury, other means, mold, dirt, foreign material, insect infestation, decay. But no more than 6 percent. But no more than 8 percent. End cracks,2 skin or flesh damage, 3 fer mentation, scars, heat damage, insect in jury, other means, mold, dirt, foreign mate rial, insect infestation, decay. ............................. ............................. 10 percent 2. Skin or flesh damage, 3 fermentation, scars, heat damage, insect injury, other means, mold, dirt, foreign material, insect infestation, decay. ............................. ............................. But no more than 8 percent. Mold, dirt, foreign material, insect in festation, decay. 3 percent ............. 4 percent ............. 5 percent ............. 5 percent. Decay ................................................ But no more than 1 percent. But no more than 1 percent. But no more than 1 percent. But no more than 1 percent. Total U.S. Grade (including all factors) 1 Percentages of defects are ‘‘by weight.’’ 2 Except that each 1 percent of end cracks to, and including 8 percent, by weight, shall be considered as 1⁄2 percent damaged by end cracks; and any additional end cracks shall be calculated as true percentage, by weight. 3 Allowances for ‘‘skin or flesh damage’’ apply only to ‘‘Whole Unpitted’’ style. [21 FR 8177, Oct. 25, 1956, as amended at 30 FR 11596, Sept. 10, 1965. Redesignated at 42 FR 32514, June 27, 1977 and at 46 FR 63203, Dec. 31, 1981] VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00590 Fmt 8010 Sfmt 8016 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 581 Agricultural Marketing Service, USDA § 52.3754 1 Compliance with the provisions 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 Canned Ripe Olives 1 SOURCE: 42 FR 38585, July 29, 1977, unless otherwise noted. Redesignated at 46 FR 63203, Dec. 31, 1981. PRODUCT DESCRIPTION, TYPES, STYLES, AND GRADES § 52.3751 Product description. Canned ripe olives are prepared from properly matured olives which have first been properly treated to remove the characteristic bitterness; are packed in a solution of sodium chlo ride, with or without spices, and are sufficiently processed by heat in her metically sealed containers. Canned ol ives which are not oxidized in proc essing and which possess a tan to light bronze color indicative of preparation from olives of advanced maturity and commonly referred to as ‘‘tree-rip ened’’ or ‘‘home-cured’’ are not covered by the standards in this subpart. § 52.3752 Types of canned ripe olives. Canned ripe olives are processed as two distinct types. Unless a specific type is stated in this subpart, ‘‘canned ripe olives’’ refers to olives of either ‘‘ripe-type’’ or ‘‘green-ripe type.’’ (a) Ripe type. ‘‘Ripe type’’ olives are those which have been treated and oxidized in processing to produce a typ ical dark brown to black color. (b) Green-ripe type. ‘‘Green-ripe type’’ olives are those which have not been oxidized in processing; which range in color from yellow-green; green-yellow or other greenish casts; and which may be mottled. § 52.3753 Styles of canned ripe olives. (a) Whole. ‘‘Whole’’ olives are those which have not been pitted. (b) Pitted. ‘‘Pitted’’ olives are those from which pits have been removed. (c) Halved. ‘‘Halved’’ olives are pitted olives in which each olive is cut lengthwise into two approximately equal parts. (d) Segmented. ‘‘Segmented’’ olives are pitted olives in which each olive is cut lengthwise into three or more ap proximately equal parts. (e) Sliced. ‘‘Sliced’’ olives consist of parallel slices of fairly uniform thick ness prepared from pitted olives. (f) Chopped. ‘‘Chopped’’ olives are random-size cut pieces or cut bits pre pared from pitted olives. (g) Broken pitted. ‘‘Broken pitted’’ ol ives consist substantially of large pieces that may have been broken in pitting but have not been sliced or cut. § 52.3754 Size designations for whole and pitted styles. (a) General. (1) ‘‘Average count’’ for canned whole ripe olives is determined from all containers in the sample and is calculated on the basis of the drained weight of the olives. (2) Diameters of canned whole and pitted ripe olives are determined by measuring the smallest diameters at the largest circumferences at right an gles to the longitudinal axes of the ol ives. The longitudinal axis is a line running from the stem to the apex of the olive. (b) Size determination. Size of canned whole or pitted olives shall conform to the applicable count per pound range indicated in Table I in the case of whole olives, or conform closely to the applicable illustration in Table I in the case of pitted olives. When the count per pound of whole olives falls between two count ranges, the size designation shall be the next smaller size. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00591 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 582 7 CFR Ch. I (1–1–17 Edition) § 52.3755 [42 FR 38585, July 29, 1977, as amended at 46 FR 39564, Aug. 4, 1981. Redesignated at 46 FR 63203, Dec. 31, 1981, and amended at 48 FR 41012, Sept. 13, 1983] § 52.3755 Minimum drained weights. (a) General. (1) The minimum drained weights for the various applicable styles in Table II and III are not incor porated in the grade of the finished product since drained weight, as such, is not a factor of quality for the pur poses of these grades. (2) The minimum drained weights are based on equalization of the product 30 days or more after the product has been canned. (b) Method for determining drained weight. The drained weight of canned ripe olives is determined by emptying the contents of the container upon a U.S. Standard No. 8 circular sieve of proper diameter containing eight meshes to the inch (2.3 mm (0.0937 inch), ±3 percent, square openings) so as to distribute the product evenly over the sieve. Without shifting the product, incline the sieve at an angle of 17 degrees to 20 degrees to facilitate drainage and allow to drain for 2 min utes. The weight of drained olives is the weight of the sieve and product less the weight of the dry sieve. A sieve 20 mm (8 inches) in diameter is used for VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00592 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31 E C 02 S E 91 .0 59 < /G P H > lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 583 Agricultural Marketing Service, USDA § 52.3755 containers with total contents of 1.5 kg (3.3 lbs) and less, and a sieve 30 mm (12 inches) in diameter is used for con tainers with total contents greater than 1.5 kg (3.3 lbs). (c) Compliance with minimum drained weights. A lot of canned ripe olives is considered as meeting the minimum drained weights if the following cri teria are met: (1) The average of the drained weights from all the sample units in the sample is equal to or greater than the acceptance value for drained weights for the size (designated as ‘‘X2’’ in Tables II and III); and (2) There shall be no unreasonable shortage in any individual container. TABLE II—ACCEPTANCE VALUES FOR DRAINED WEIGHTS—WHOLE 211 × 304 300 × 407 603 × 700 X̄d ounces X̄d grams X̄d ounces X̄d grams X̄d ounces X̄d grams Small ........................................................................................................ 4 .5 127.5 7 .75 219.7 66.0 1871.1 Medium .................................................................................................... 4 .5 127.5 7 .75 219.7 66.0 1871.1 Large ........................................................................................................ 4 .5 127.5 7 .75 219.7 66.0 1871.1 Extra large ............................................................................................... 4 .5 127.5 7 .5 212.6 66.0 1871.1 Jumbo ...................................................................................................... 4 .0 113.4 7 .25 205.5 64.0 1814.4 Colossal ................................................................................................... 4 .0 113.4 7 .25 205.5 64.0 1814.4 Super colossal ......................................................................................... 4 .0 113.4 7 .25 205.5 64.0 1814.4 TABLE II—ACCEPTANCE VALUES FOR DRAINED WEIGHTS—PITTED 211 × 304 300 × 407 603 × 700 X̄d ounces X̄d grams X̄d ounces X̄d grams X̄d ounces X̄d grams Small ........................................................................................................ 3 .25 92.1 6 .0 170.1 51.0 1445.8 Medium .................................................................................................... 3 .25 92.1 6 .0 170.1 51.0 1445.8 Large ........................................................................................................ 3 .5 99.2 6 .0 170.1 51.0 1445.8 Extra large ............................................................................................... 3 .5 99.2 6 .0 170.1 51.0 1445.8 Jumbo ...................................................................................................... 3 .25 92.1 5 .75 163.0 49.0 1389.1 Colossal ................................................................................................... 3 .25 92.1 5 .75 163.0 49.0 1389.1 Super colossal ......................................................................................... 3 .25 92.1 5 .75 163.0 49.0 1389.1 TABLE III—ACCEPTANCE VALUE FOR DRAINED WEIGHTS (OUNCES) Water capacity oz. avdp. Halved, segmented, sliced Chopped Xd LL Xd LL 200 × 214 .................................................. ........................ 2.3 1.9 4.2 3.9 211 × 200 .................................................. 4.9 2.3 1.9 4.2 3.9 305 × 109 .................................................. ........................ 3.0 2.6 5.5 5.2 307 × 113 .................................................. ........................ 3.0 2.6 5.5 5.2 211 × 304 .................................................. 8.65 3.8 3.4 7.6 7.2 No. 300 (300 × 407) .................................. 15.2 6.5 6.1 13.3 12.7 No. 10 (603 × 700) .................................... 109.45 55.0 53.4 90.0 87.8 No. 10 (brine pack) ................................... ........................ ........................ ........................ 64.0 62.4 BROKEN PITTED No. 300 (300 × 407) .................................. 15.2 5.6 4.7 No. 10 (603 × 700) .................................... 109.45 51.0 48.8 ........................ ........................ TABLE III—ACCEPTANCE VALUE FOR DRAINED WEIGHTS (GRAMS) Water capacity Halved, segmented, sliced Chopped Xd LL Xd LL 200 × 214 .................................................. ........................ 65.2 53.9 119.1 110.6 211 × 200 .................................................. 138.9 65.2 53.9 119.1 110.6 305 × 109 .................................................. ........................ 85.0 73.7 155.9 147.4 307 × 113 .................................................. ........................ 85.0 73.7 155.9 147.4 211 × 304 .................................................. 245.2 107.7 96.4 215.4 204.1 No. 300 (300 × 407) .................................. 430.9 184.2 172.9 377.0 360.0 VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00593 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 584 7 CFR Ch. I (1–1–17 Edition) § 52.3756 TABLE III—ACCEPTANCE VALUE FOR DRAINED WEIGHTS (GRAMS)—Continued Water capacity Halved, segmented, sliced Chopped Xd LL Xd LL No. 10 (603 × 700) .................................... 3102.8 1559.2 1513.8 2551.4 2489.0 No. 10 (brine pack) ................................... ........................ ........................ ........................ 1814.3 1769.0 BROKEN PITTED No. 300 (300 × 407) .................................. 430.9 158.8 133.2 No. 10 (603 × 700) .................................... 3102.8 1445.8 1383.4 [42 FR 38585, July 29, 1977; 42 FR 44542, Sept. 6, 1977, as amended at 46 FR 39566, Aug. 4, 1981. Redesignated at 46 FR 63203, Dec. 31, 1981] § 52.3756 Grades of canned ripe olives. (a) U.S. Grade A is the quality of canned ripe olives of whole, pitted, halved, segmented, sliced, and chopped styles that has a good flavor, that has a good color, that is practically free from defects, that has a good char acter; and that for those factors which are rated in accordance with the scor ing system outlined in this subpart, the total score is not less than 90 points: Provided, That such canned ripe olives may have a reasonably good color if the total score is not less than 90 points; and further Provided, That in the styles of whole and pitted olives, the variation in diameters does not ex ceed 4 mm, and of the 90 percent, by count, of the most uniform in size, the diameter of the largest does not exceed the diameter of the smallest by more than 3 mm. (b) U.S. Grade B is the quality of canned ripe olives of whole, pitted, halved, segmented, sliced, and chopped styles that has a good flavor, that has a reasonably good color, that is reason ably free from defects, that has a rea sonably good character; and that for those factors which are rated in ac cordance with the scoring system out lined in this subpart, the total score is not less than 80 points: Provided, That for the styles of whole and pitted ol ives, the variation in diameters does not exceed 8 mm, and of the 80 percent, by count, of the most uniform in size, the diameter of the largest does not ex ceed the diameter of the smallest by more than 4 mm. (c) U.S. Grade C is the quality of canned ripe olives of whole, pitted, halved, segmented, sliced, chopped, and broken pitted styles that has a reason ably good flavor, that has a fairly good color, that is fairly free from defects, that has a fairly good character; and that for those factors which are rated in accordance with the scoring system outlined in this subpart, the total score is not less than 70 points; Provided, That for the styles of whole and pitted olives, of the 60 percent, by count, of the most uniform in size, the diameter of the largest does not exceed the di ameter of the smallest by more that 4 mm. (d) Substandard is the quality of canned ripe olives of any style that fail to meet the applicable requirements for U.S. Grade C. [42 FR 38585, July 29, 1977. Redesignated at 46 FR 63203, Dec. 31, 1981, and amended at 48 FR 41013, Sept. 13, 1983] § 52.3757 Standard sample unit size. Compliance with requirements for the various quality factors except ‘‘size designation’’ is based on the following standard sample unit size for the appli cable style: (a) Whole and pitted—50 olives. (b) Halved—100 units. (c) All other styles—255 g (9 ounces). § 52.3758 Determining the grade of a sample unit. (a) General. In addition to considering other requirements outlined in the standards the following quality factors are evaluated: (1) Factors not rated by score points. (i) Flavor; (ii) Uniformity of size (styles of whole and pitted only). (2) Factors rated by score points. The relative importance of each factor which is scored is expressed numeri cally on the scale of 100. The maximum VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00594 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 585 Agricultural Marketing Service, USDA § 52.3760 number of points that may be given such factors are: Points (i) Color ........................................................................ 30 (ii) Absence of defects ................................................. 40 (iii) Character ............................................................... 30 Total score ............................................................ 100 (b) Definition of flavor—(1) Good fla vor. (i) ‘‘Good flavor’’ in ripe type means a distinctive flavor char acteristic of ripe type olives (including that of properly spiced olives) which have been properly prepared and proc essed and which are free from objec tionable flavors of any kind. (ii) ‘‘Good Flavor’’ in green-ripe type means a distinctive mellow flavor characteristic of green-ripe type olives which have been properly prepared and processed and which are free from ob jectionable flavors of any kind. (2) Reasonably good flavor. ‘‘Reason ably good flavor’’ in either ripe type or green-ripe type (including that of prop erly spiced olives) means that the fla vor may be slightly lacking in dis tinctly characteristic flavor for the re spective type but the olives are free from objectionable flavors of any kind. § 52.3759 Determining the rating for the factors which are scored. The essential variations within each factor which is scored are so described that the value may be determined for each factor and expressed numerically. The numerical range within each fac tor which is scored is inclusive (for ex ample ‘‘27 to 30 points’’ means 27, 28, 29, and 30 points). § 52.3760 Color. (a) General. The evaluation of color shall be determined within five min utes after the olives are removed from the container and is based upon the uniformity of the exterior color or gen eral appearance as to color of the ol ives within the container. The evalua tion of color in ‘‘halved’’ style is based on the uncut surfaces. (b) Color measurement of ripe type. The color of ripe type is determined by comparison with a spinning disc of variations in percentages of the fol lowing Munsell color discs: Red (5R 4/ 14), Yellow (2.5Y 8/12), and Black (N/1 Glossy). (c) Composite color standards. Com posite USDA Color Standards for Canned Ripe Olives are available and are comparable to the colors produced by the spinning discs. (d) Color appearance of green-ripe type. Normal color for green-ripe type olives is yellow-green, green-yellow, or other greenish casts, any of which may have a mottled appearance that is typical of green-ripe type olives. Off-color means dark brown, dark purple or black ol ives. (e) The USDA spinning color discs and the USDA composite color stand ards cited in paragraphs (b) and (c) of this section are available from the USDA licensed supplier: Munsell Color Company, Inc., 2441 North Cal vert Street, Baltimore, Md. 21218. (f) Grade A. Canned ripe olives that have a good color may be given a score of 27 to 30 points. ‘‘Good color’’ has the following meanings with respect to the applicable type and style: (1) Ripe type—(i) Whole; pitted; halved. The olives or units have a practically uniform black or dark brown color. Not less than 90 percent, by count, of the olives or units have a color equal to or darker than the appropriate USDA Composite Color Standard or that pro duced by spinning the Munsell discs specified in paragraph (b) of this sec tion in the following combination: 31⁄2 percent Red, 31⁄2 percent Yellow, and 93 percent Black. (ii) Segmented; sliced, chopped. The general color impression of the olive as a mass is normal and typical of these styles prepared from olives with good color. (2) Green-ripe type. The general color appearance of the olives shall be nor mal. Not less than 90 percent, by count, shall be practically uniform in such normal color for the type, and no off color olives may be present. (g) Grade B. If the canned ripe olives have a reasonably good color, a score of 24 to 26 points may be given. ‘‘Reason ably good color’’ has the following meanings with respect to the applica ble type and style: (1) Ripe type—(i) Whole; pitted; halved. The olives or units have a reasonably VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00595 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 586 7 CFR Ch. I (1–1–17 Edition) § 52.3761 uniform black, dark brown or reddish brown color. Not less than 80 percent, by count, of the olives or units have a color equal to or darker than the ap propriate USDA Composite Color Standard or that produced by spinning the Munsell color discs specified in paragraph (b) of this section in the fol lowing combination: 6 percent Red, 6 percent Yellow, and 88 percent Black. (ii) Segmented; sliced; chopped. The general color impression of the olives as a mass is normal and typical of these styles prepared from olives with reasonably good color. (2) Green-ripe type. The general color appearance of the olives shall be nor mal. Not less than 80 percent, by count, shall be reasonably uniform in such normal color for the type, and no off color olives may be present. (h) Grade C. If the ripe olives have a fairly good color, a score of 21 to 23 points may be given. Canned ripe olives that fall into this classification shall not be graded above U.S. Grade C re gardless of the total score for the prod uct (this is a limiting rule). ‘‘Fairly good color’’ has the following meanings with respect to the applicable type and style: (1) Ripe type—(i) Whole; pitted; halved. The olives or units have a fairly uni form black, dark brown or reddish brown color. Not less than 60 percent, by count, of the olives or units have a color equal to or darker than the ap propriate USDA Composite Color Standard or that produced by spinning the Munsell color discs specified in paragraph (b) of this section in the fol lowing combination: 6 percent Red, 6 percent Yellow, and 88 percent Black. (ii) Segmented; sliced; chopped. The general color impression of the olives as a mass is normal and typical of these styles prepared from olives of fairly good color. (iii) Broken pitted. The general color impression of the olives as a mass is normal and may be variable, but is typ ical of this style prepared from olives of good, reasonably good, or fairly good color. (2) Green-ripe type. The general color impression of the olives shall be nor mal but may vary markedly for the type. No more than 10 percent, by count, of off-color olives may be present. (i) Substandard (SStd.). Canned ripe olives that are abnormal in color for any reason or that fail to meet the re quirements of paragraph (h) of this sec tion may be given a score of 0 to 20 points and shall not be graded above Substandard, regardless of the total score for the product (this is a limiting rule). § 52.3761 Defects. (a) General. The factor of absence of defects refers to the degree of freedom from harmless extraneous vegetable material, stems, and portions thereof, blemishes, wrinkles, mutilated olives, and from any other defects which af fect the appearance or edibility of the product. (b) Definition of defects—(1) Blemishes mean dark-colored surface marks in ei ther ripe type or green-ripe olives which may or may not penetrate into the flesh. Olives or pieces of olives af fected by blemishes are classified as follows: (i) Minor blemishes mean surface dis colorations on olives or pieces of olives which individually or collectively ma terially affect the appearance of the unit. (ii) Major blemishes mean surface dis colorations or black flesh (oxidized) on olives or pieces of olives which may or may not be associated with a soft tex ture below the skin and which individ ually or collectively seriously affect the appearance or edibility of the unit. (iii) Severe blemishes mean dark brown, dark purple, or black surface areas on olives or pieces of olives of the green-ripe type; or any other blem ishes, whether or not specifically de fined, which severely affect the appear ance or edibility of the unit. (2) Blowout refers to a soft pitted olive in which the pit has been pushed out instead of cut out leaving an irreg ular ring of flesh that materially af fects its appearance. (3) Broken piece in halved, segmented, and sliced style olives means any piece of olive flesh that appears to be less than three-fourths of a full unit. Also included are poorly cut units and end slices less than one-half the average size slice. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00596 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 587 Agricultural Marketing Service, USDA § 52.3761 (4) Cross pitted refers to olives pitted along an axis other than the stem-flow er axis. A defect is a unit where the angle of these two axes exceeds 45 de grees. (5) Harmless extraneous vegetable mate rial. Harmless extraneous vegetable material (HEVM), harmless extraneous material (HEM), and extraneous vege table material (EVM), are synonymous terms and mean any vegetable sub stance that is harmless. (6) Mechanically damaged means a unit in whole, pitted, and halved styles that is punctured, cut or damaged by means other than pitting so that its appearance is materially affected. (7) Misshapen refers to an olive that does not have a normal shape for a given variety. (8) Mutilated refers to an olive in whole or pitted styles that is so pitter torn or damaged by other means that the entire pit cavity is exposed or the appearance of the olive is seriously af fected. (9) Obvious split pit means a pit in an olive that can be determined visually as split. (10) Pitter damage means a loss of skin and flesh from a pitted olive caused by the pitter on the cut end exceeding the area of a circle 3 mm in diameter but is not mutilated. (11) Plunger damage means a loss of skin and flesh from a pitted olive equal to or exceeding the area of a circle 5 mm in diameter. (12) Stem means a stem that measures 3 mm or more from the shoulder of the olive. Stems are classified as follows: (i) Minor stem is a stem that measures more than 3 mm but not more than 4 mm from the shoulder of the olive. (ii) Major stem is a stem that meas ures more than 4 mm from the shoulder of the olive. (iii) Detached stem, when it measures 4 mm or more, is a defect which shall be scored as a minor stem for whole pitted, halved, and broken pitted style olives and a major stem for segmented, sliced, and chopped style olives. (13) Wrinkles are grooves 0.5 mm or more in width. Classification of wrin kles shall be determined immediately after removing surface moisture and any increase in wrinkles due to dehy dration after removing from the con tainer shall not be considered. Olives or pieces of olives affected by wrinkles are classified as follows: (i) Minor wrinkles are wrinkles which collectively do not more than materi ally affect the appearance of the unit. (ii) Major wrinkles are wrinkles which collectively more than materially af fect the appearance of the unit. (c) Grade A. Canned ripe olives of whole, pitted, halved, segmented, sliced, and chopped styles that are practically free from defects may be given a score of 36 to 40 points. ‘‘Prac tically free from defects’’ means that any defects present, but not specifi cally limited in Table IV, may not more than slightly affect the appear ance or edibility of the olives; and, in addition, specified defects may be present in all other styles except ‘‘bro ken pitted’’ not to exceed the allow ances for grade A provided in Table IV. (d) Grade B. If canned ripe olives of whole, pitted, halved, segmented, sliced, and chopped styles are reason ably free from defects, a score of 32 to 35 points may be given. Canned ripe ol ives that fall into this classification shall not be graded above U.S. Grade B regardless of the total score for the product (this is a limiting rule). ‘‘Rea sonably free from defects’’ means that any defects present but not specifically limited in Table V may not more than materially affect the appearance or edibility of the olives; and in addition, specified defects may be present in all other styles except ‘‘broken pitted’’ not to exceed the allowances for grade B provided in Table V. (e) Grade C. If canned ripe olives of whole, pitted, halved, segmented, sliced, chopped, and broken pitted styles are fairly free from defects, a score of 28 to 31 points may be given. Canned ripe olives that fall into this classification shall not be graded above U.S. Grade C, regardless of the total score for the product (this is a limiting rule). ‘‘Fairly free from defects’’ means that any defects present but not spe cifically limited in Table VI may more than materially affect the appearance and edibility of the olives; and in addi tion, specified defects may be present in all other styles not to exceed the al lowances for grade C provided in Table VI. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00597 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 588 7 CFR Ch. I (1–1–17 Edition) § 52.3761 (f) Substandard (SStd.). Canned ripe olives that fail to meet the require ments of paragraph (e) of this section may be given a score of 0 to 27 points and shall not be graded above Sub standard, regardless of the total score for the product (this is a limiting rule). TABLE IV—LIMITS FOR DEFECTS IN GRADE A Whole per 50 ol ives Pitted per 50 olives Halved per 100 halves Segmented per 255 g (9 oz) Sliced per 255 g (9 oz) Chopped per 255 g (9 oz) HEVM, HEM, or EVM ................. 1 1 1 Practically free ... Practically free ... Practically free. Stems: Minor and major stems incl. 2 2 2 Major stems ......................... 1 1 1 Practically free ... Practically free ... Practically free. Minor and major blemishes, minor and major wrinkles and mutilated. 5 5 10 Practically free ... Practically free ... Practically free. Provided: Major blemishes, major wrinkles do not exceed. 2 2 5 Further Provided: Multilated do not exceed. 1 1 Broken pieces and poorly cut units. ................ ................ 8 Practically free ... Practically free. Mechanical damage ................... 2 2 5 Blowouts, cross pitted, plunger and pitter damage. ................ 5 Obvious split pit or misshapen ... 2 Severe blemishes (green-ripe type only). 0 0 0 ............................ ............................ TABLE V—LIMITS FOR DEFECTS IN GRADE B Whole per 50 ol ives Pitted per 50 olives Halved per 100 halves Segmented per 255 g (9 oz) Sliced per 255 g (9 oz) Chopped per 255 g (9 oz) HEVM, HEM or EVM .................. 1 1 1 Reasonably free Reasonably free Reasonably free. Stems: Minor and major stems incl. 3 3 3 Major stems ......................... 1 1 1 Reasonably free Reasonably free Reasonably free. Minor and major blemishes, minor and major wrinkles and mutilated. 10 10 20 Reasonably free Reasonably free Reasonably free. Provided: Major blemishes, major wrinkles do not exceed. 5 5 10 Further provided: Mutilated do not exceed ...... 2 2 Broken pieces and poorly cut units. ................ ................ 15 Reasonably free Reasonably free. Mechanical damage ................... 5 5 10 Blowouts, cross pitted, plunger and pitter damage. ................ 10 Obvious split pit or misshapen ... 5 Severe blemishes (green-ripe type only). 0 0 0 ............................ ............................ TABLE VI—LIMITS FOR DEFECTS IN GRADE C Whole per 50 ol ives Pitted per 50 olives Halved per 100 halved Seg mented per 255 g (9 oz.) Sliced per 255 g (9 oz.) Chopped per 255 g (9 oz.) Broken Pitted per 255 g (9 oz.) HEVM, HEM, or EVM ....................... 1 1 1 Fairly free Fairly free Fairly free 2 Minor and major stems inclusive ...... 4 4 4 Major stems ...................................... 2 2 2 Fairly free Fairly free Fairly free 4 Minor, major blemishes, major, minor wrinkles. No limit No limit No limit Fairly free Fairly free Fairly free No limit. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00598 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 589 Agricultural Marketing Service, USDA § 52.3763 TABLE VI—LIMITS FOR DEFECTS IN GRADE C—Continued Whole per 50 ol ives Pitted per 50 olives Halved per 100 halved Seg mented per 255 g (9 oz.) Sliced per 255 g (9 oz.) Chopped per 255 g (9 oz.) Broken Pitted per 255 g (9 oz.) Provided: Major blemishes, major wrinkles do not exceed. 13 13 25 ................ ................ ................ 51 g 1 Further Provided: Multilated, major blemish and major wrinkles do not exceed. 15 15 30 Multilated do not exceed ........... 5 5 10 ................ ................ ................ No limit. Broken pieces and poorly cut units. ................ ................ 25 Fairly free Fairly free Mechanical damage ................... 10 10 20 Blowouts, cross pitted, plunger and pitter damaged. ................ 15 Obvious split pit or misshapen .. No limit Severe blemishes (green-ripe type only). 3 3 3 0 0 0 1 Major blemishes only. [48 FR 41013, Sept. 13, 1983] § 52.3762 Character. (a) General. The factor of character refers to the firmness, tenderness, and texture characteristics for the variety and type. (b) Grade A. Canned ripe olives of whole, pitted, halved, segmented, sliced, and chopped styles that have a good character may be given a score of 27 to 30 points. ‘‘Good character’’ means that, for the type, the olives have a fleshy texture characteristic for the variety and size; that not less than 95 percent, by count, of whole, pitted and halved olives and by weight of other style olives are practically uni form in texture and are tender but not soft. The remaining 5 percent may be soft but not excessively soft. (c) Grade B. If canned ripe olives of whole, pitted, halved, segmented, sliced and chopped styles have a rea sonably good character, a score of 24 to 26 points may be given. Canned ripe ol ives that fall into this classification shall not be graded above U.S. Grade B regardless of the total score for the product (this is a limiting rule). ‘‘Rea sonably good character’’ means that, for the type, the olives generally have a fleshy texture characteristic for the variety and size; that not less than 90 percent, by count, of whole, pitted and halved olives, and by weight of other style olives are practically uniform in texture and are tender but not soft. The 10 percent may be soft but not more than 1⁄2, or 5 percent, may be ex cessively soft. (d) Grade C. If canned ripe olives of whole, pitted, halved, segmented, sliced, chopped and broken pitted styles have a fairly good character, a score of 21 to 23 points may be given. Canned ripe olives that fall into this classification shall not be graded above U.S. Grade C regardless of the total score for the product (this is a limiting rule). ‘‘Fairly good character’’ means that the olives generally have a fleshy texture characteristic for the variety and size; that not less than 80 percent, by count, of whole, pitted and halved olives and by weight of other style ol ives are practically uniform in texture and are tender but not soft. The re maining 20 percent may be soft but not more than 1⁄2, or 10 percent, may be ex cessively soft. (e) Substandard (SStd). Canned ripe ol ives that fail to meet the requirements of paragraph (d) of this section may be given a score of 0 to 20 points and shall not be graded above Substandard, re gardless of the total score for the prod uct (this is a limiting rule). § 52.3763 Determining the grade of a lot. The grade of a lot of canned ripe ol ives covered by these standards is de termined by the procedures set forth in the Regulations Governing Inspection and Certification of Processed Fruits VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00599 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B 590 7 CFR Ch. I (1–1–17 Edition) § 52.3764 and Vegetables, Processed Products Thereof, and Certain Other Processed Food Products (§§ 52.1 through 52.83). § 52.3764 Score sheet. Number, size and kind of container. Label (including size declaration). Container mark or identification. Net weight (ounces). Vacuum (inches). Drained weight (ounces). Size. Style. Average count per pound (whole style). Factors Score points Color .............. 30 (A) 27–30 (B) 24–26 (C) 1 21–23 (SStd.) 1 0–20 Absence of defects. 40 (A) (B) 36–40 1 32–35 (C) 1 28–31 (SStd.) 1 0–27 Character ....... 30 (A) 27–30 (B) 1 24–26 (C) 1 21–23 (SStd.) 1 0–20 Total Score 100 Flavor: ( ) Good ( ) Reasonably good ( ). Off. Grade ......................................................................... ¥¥s0 1 Indicates limiting rule. VerDate Sep<11>2014 11:41 Feb 01, 2017 Jkt 241013 PO 00000 Frm 00600 Fmt 8010 Sfmt 8010 Q:\07\7V2.TXT 31lp ow el l o n D S K 54 D X V N 1O F R w ith $ $ JO B