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Title 7 Part 51

Title 7 → Subtitle B → Chapter I → Subchapter C → Part 51

Electronic Code of Federal Regulations e-CFR

Title 7 Part 51

e-CFR data is current as of September 18, 2019

Title 7Subtitle BChapter ISubchapter C → Part 51


Title 7: Agriculture


PART 51—FRESH FRUITS, VEGETABLES AND OTHER PRODUCTS1 2 (INSPECTION, CERTIFICATION, AND STANDARDS)


Contents

Subpart—Regulations

Administrative

§51.1   Administration of regulations.

Definitions

§51.2   Terms defined.
§51.3   Designation of official certificates, memoranda, marks, other identifications and devices for purposes of the Agricultural Marketing Act.

Inspection Service

§51.4   Where inspection service is offered.
§51.5   Who may obtain inspection service.
§51.6   How to make application.
§51.7   Form of application.
§51.8   Filing of application.
§51.9   When application may be rejected.
§51.10   When application may be withdrawn.
§51.11   Authority to request inspection.
§51.12   Accessibility of products.
§51.13   Basis of service.
§51.14   Order of inspection service.
§51.15   Financial interest of inspector.
§51.16   Postponing inspection service.
§51.17   Official sampling.
§51.18   Certificate forms.
§51.19   Issuance of certificates.
§51.20   Issuance of corrected certificates.
§51.21   Disposition of inspection certificates.
§51.22   Disposition of samples.
§51.23   Report of inspection results prior to issuance of formal report.

Appeal Inspection

§51.24   When appeal inspection may be requested.
§51.25   Where to file for an appeal inspection and information required.
§51.26   Record of filing time.
§51.27   When appeal inspection may be refused.
§51.28   When an application for an appeal inspection may be withdrawn.
§51.29   Order in which made.
§51.30   Who shall perform appeal inspections.
§51.31   Appeal inspection certificate.

Licensing of Inspectors

§51.32   Who may be licensed.
§51.33   Application to become a licensed inspector.
§51.34   Suspension or revocation of license of a licensed inspector.
§51.35   Surrender of license.
§51.36   Expiration and renewal of license.

Schedule of Fees and Charges at Destination Markets

§51.37   Charges for fees, rates, and expenses.
§51.38   Basis for fees and rates.
§51.39   Fees for appeal inspections.
§51.40   Traveling and other expenses.
§51.41   Fees for additional copies of inspection certificates.
§51.42   Charges for inspection services on a contract basis.
§51.43   How fees shall be paid.
§51.44   Disposition of fees.

Schedule of Fees and Charges at Shipping Point Areas

§51.45   Fees and charges at shipping point areas.

Miscellaneous

§51.46   Denial of inspection service.
§51.47   Political activity.
§51.48   Inspector's identification.
§51.49   Approved identifications.
§51.50   Custody of official inspection marking devices.
§51.51   Prohibited uses of approved identification.
§51.52   Licensing and identification of certain official devices.

Requirements for Plants Operating Under Continuous Inspection on a Contract Basis

§51.53   Continuous inspections.
§51.54   Plant survey.
§51.55   Premises.
§51.56   Buildings and structures.
§51.57   Facilities.
§51.58   Equipment.
§51.59   Operations and operating procedures.
§51.60   Termination of contracts.
§51.61   Congressional interest in contracts.
§51.62   OMB control numbers assigned pursuant to the Paperwork Reduction Act.

Subpart—United States Standards for Grades of Florida Oranges and Tangelos

General

§51.1140   General.

Grades

§51.1141   U.S. Fancy.
§51.1142   U.S. No. 1 Bright.
§51.1143   U.S. No. 1.
§51.1144   U.S. No. 1 Golden.
§51.1145   U.S. No. 1 Bronze.
§51.1146   U.S. No. 1 Russet.
§51.1147   U.S. No. 2 Bright.
§51.1148   U.S. No. 2.
§51.1149   U.S. No. 2 Russet.
§51.1150   U.S. No. 3.

Tolerances

§51.1151   Tolerances.

Application of Tolerances

§51.1152   Application of tolerances.

Size

§51.1153   Size.

Definitions

§51.1154   Similar varietal characteristics.
§51.1155   Well colored.
§51.1156   Firm.
§51.1157   Well formed.
§51.1158   Mature.
§51.1159   Smooth texture.
§51.1160   Injury.
§51.1161   Discoloration.
§51.1162   Fairly smooth texture.
§51.1163   Damage.
§51.1164   Fairly well colored.
§51.1165   Reasonably well colored.
§51.1166   Poorly colored.
§51.1167   Fairly firm.
§51.1168   Slightly misshapen.
§51.1169   Slightly rough texture.
§51.1170   Serious damage.
§51.1171   Misshapen.
§51.1172   Slightly spongy.
§51.1173   Very serious damage.
§51.1174   Diameter.
§51.1175   Classification of defects.

Standards for Internal Quality of Common Sweet Oranges (Citrus Sinensis (L) Osbeck)

§51.1176   U.S. Grade AA Juice (Double A).
§51.1177   U.S. Grade A Juice.
§51.1178   Maximum anhydrous citric acid permissible for corresponding total soluble solids.
§51.1179   Method of juice extraction.

Subpart—United States Standards for Grades of Potatoes for Processing

§51.3410   Grades.
§51.3411   Usable piece.
§51.3412   Unusable material.
§51.3413   Size.
§51.3414   Application of standards.
§51.3415   Definitions.
§51.3416   Classification of defects.
§51.3417   Optional test for specific gravity.
§51.3418   Optional test for fry color.

1Among such other products are the following: Raw nuts, Christmas trees and evergreens; flowers and flower bulbs; and onion sets.

2None of the requirements in the regulations of this part shall excuse failure to comply with any Federal, State, county, or municipal laws applicable to products covered in the regulations in this part.

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

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Subpart—Regulations1

1None of the requirements in the regulations of this subpart shall excuse failure to comply with any Federal, State, county, or municipal laws applicable to products covered in the regulations of this subpart.

Source: 32 FR 15066, Nov. 1, 1967, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981.

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Administrative

§51.1   Administration of regulations.

(a) The Administrator, Agricultural Marketing Service, U.S. Department of Agriculture, is charged with the administration of the regulations in this part, except at his discretion, he may delegate any or all such functions to any other officer or employee of the Agricultural Marketing Service of the Department.

(b) The conduct of all services and the hiring and licensing of inspection, grading and sampling personnel under these regulations shall be accomplished without discrimination as to race, color, religion, sex or national origin.

[39 FR 40937, Nov. 22, 1974. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981]

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Definitions

§51.2   Terms defined.

Words in the regulations in this part in the singular form shall be deemed to import the plural, and vice versa, as the case may demand. For the purposes of the regulations in this part, unless the context otherwise requires, the following terms shall have the following meanings:

(a) Act. “Act” means the applicable provisions 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.

(b) Administrator. “Administrator” means the Administrator of Agricultural Marketing Service.

(c) Applicant. “Applicant” means any interested party who has applied for inspection service under the regulations in this part.

(d) Carlot. “Carlot”means any number of containers which contain a product of the same kind located on or unloaded from the same conveyance and available for inspection at the same time and location: Provided, That:

(1) Product of the same carlot shall be considered to be separate lots whenever the product differs markedly as to quality and/or condition, and such differences are definitely associated with certain brands, varieties, sizes or container markings;

(2) If the applicant requests more than one inspection certificate covering portions of the same carlot, the quantity of the carlot covered by each certificate shall be considered to be a separate carlot;

(3) If product of the same carlot is packed in more than one size or type container, each such size or type shall be considered to be a separate lot.

(e) Carlot equivalent. “Carlot equivalent” shall be the quantity of an individual product customarily loaded in common highway trailers.

(f) Condition. (1) “Condition” means the relative degree of soundness of a product which may affect its merchantability and includes those factors which are subject to change and may result from, but not necessarily limited to, age, improper handling, storage or lack of refrigeration.

(2) Examples of condition factors include maturity or stage of ripeness; state of freshness, such as crispness, tenderness, or toughness; wilting; shriveling or flabbiness; mechanical injuries resulting from improper handling after packing; progressive pathological, physiological, and virus diseases, including fungal and bacterial roots; and freezing damage which may occur in transit or storage; or any other factor which may occur, develop, or progress in the marketing channels.

(g) Agricultural Marketing Service. “Agricultural Marketing Service” means the Agricultural Marketing Service of the Department.

(h) Department. “Department” means the U.S. Department of Agriculture.

(i) Federal-State Inspection Agency. “Federal-State Inspection Agency” means any State agency, business association or trade organization, private firm, or other person or corporation with which the Department has entered into a cooperative agreement for inspection service.

(j) Grade. “Grade” means a class or rank of quality.

(k) Inspector. “Inspector” means any employee of the Department authorized by the Secretary or any other person licensed by the Secretary, to investigate, sample, inspect, and certify, in accordance with the regulations in this part, to any interested party the quality, quantity and/or condition of any fresh product covered in this part, and to perform related duties in connection with the inspection service.

(l) Inspection service. “Inspection service” means:

(1) The Service established and conducted under the regulations in this part for the determination and certification or other identification as to the grade, the quality and/or condition of fresh fruits or vegetables and related products including the condition of container.

(2) Performance by an inspector of any related services such as reporting the temperatures of loads or lots of fresh products.

(3) To observe conditions under which a product is being packed, to observe plant sanitation as a prerequisite to inspection of the packed product either on a continuous or periodic basis, or checkload the inspected product in connection with the marketing of the product.

(4) The issuance of inspection certificates or reports relating to paragraphs (j)(1), (2), and (3) of this section.

(m) Interested party. “Interested party” means any person who has a financial interest in the product for which inspection is requested.

(n) Person. “Person” means any individual, partnership, association, business trust, corporation, any organized group of persons (whether incorporated or not), the United States (including, but not limited to, any corporate agencies thereof), and any State, county, or municipal government, any common carrier, and any authorized agent of any of the foregoing.

(o) Packing plant. “Packing plant” means the premises, buildings, structures, and equipment including but not limited to, machines, utensils, fixtures, employed or used with respect to preparation and packing the product.

(p) Quality. “Quality” means the combination of the inherent properties or attributes of a product which determines its relative degree of excellence.

(q) Regulations. “Regulations” means the regulations in this subpart.

(r) Sample. “Sample” means any number of sample units to be used for inspection.

(s) Sample unit. “Sample unit” means a container and/or its entire contents, a portion of the contents of a container or other unit of a commodity, or a composite mixture of a commodity to be used for inspection.

(t) Sampling. “Sampling” means the act of selecting samples of a commodity for the purpose of inspection under the regulations in this part.

(u) Secretary. “Secretary” means the Secretary of Agriculture of the United States or any officer or employee of the Agricultural Marketing Service to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead.

[32 FR 15066, Nov. 1, 1967. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981; 56 FR 55799, Oct. 30, 1991]

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§51.3   Designation of official certificates, memoranda, marks, other identifications and devices for purposes 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 certificates, 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 section. For the purpose of said subsection and the provisions in this part, the terms listed below shall have the respective meanings specified:

(a) Inspection certificate. “Inspection certificate” means any form of certification, either written or printed, used under this part to certify with respect to the inspection, identification, class, grade, quality, size, quantity, or condition of products (including the compliance of products with applicable specifications).

(b) Official memorandum. “Official memorandum” 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 connection with grading, inspecting, or sampling under this part, and any report made by an authorized person of services performed pursuant to this part.

(c) Official mark. “Official mark” means the grade mark, inspection mark, combined form of inspection and grade mark, and any other mark, or any variations in such marks, including those prescribed in §51.49, approved by the Administrator and authorized to be affixed to any product, or affixed to or printed on the packaging material of any product, stating that the product was graded or inspected, or both, or indicating the appropriate U.S. grade or condition of the product, or for the purpose of maintaining the identity of products graded or inspected, or both, under this part.

(d) Official identification. “Official identification” means any United States (U.S.) standard designation of class, grade, quality, size, quantity, or condition specified in this part or any symbol, stamp, label or seal indicating that the product has been graded or inspected and/or indicating the class, grade, quality, size, quantity, or condition of the product approved by the Administrator and authorized to be affixed to any product, or affixed to or printed on the packaging material of any product.

(e) Official device. “Official device” means a stamping appliance, branding device, stencil, printed label, or any other mechanically or manually operated tool that is approved by the Administrator for the purpose of applying any official mark or other identification to any product or the packaging material thereof; or any device approved and designated by the Administrator as a USDA official device for use as a color standard, defect guide, or other similar aid to interpret the U.S. Department of Agriculture grade standards and to facilitate conduct of the Inspection Service.

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Inspection Service

§51.4   Where inspection service is offered.

Products will be inspected at appropriate points indicated in paragraphs (a), (b), and (c) of this section whenever inspectors are available.

(a) Shipping points. Inspection service is available in all areas covered by cooperative agreements entered into on behalf of the Department with Cooperating Federal-State Inspection Agencies providing for this inspection work pursuant to authority contained in any Act of Congress, or may be provided in any other area which is not covered by a cooperative agreement if the Administrator determines that it is practicable to provide inspection service.

(b) Destination markets. Inspection is available in all central markets in which an inspection office is located.

(c) Other destination points. Inspection may be made at any point which may be conveniently reached from any terminal market in which an inspection office is located to the extent inspection personnel is available.

(d) Addresses of offices. Any prospective applicant may obtain an up-to-date list of inspection offices by addressing an inquiry to Fresh Products Standardization and Inspection Branch, Fruit and Vegetable Division, Agricultural Marketing Service, U.S. Department of Agriculture, Washington, D.C. 20250.

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§51.5   Who may obtain inspection service.

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.

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§51.6   How to make application.

An application for inspection service may be filed in an office of inspection at any market referred to in §51.4 (b), (c), or (d) or with any inspector. It may be made in writing, orally, electronically, or by telephone. If made orally or by telephone, the inspector may require that it be confirmed by the applicant in writing or electronically. An application may be made for one or more lots, or it may be in the nature of a blanket application for inspection of all designated lots of a given commodity within a particular period, or for all designated lots loaded or received at a specified point.

[81 FR 93572, Dec. 21, 2016]

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§51.7   Form of application.

Each application for inspection service shall state (a) the name and address of the applicant and the name and capacity of the person, if any, making the application in his behalf; (b) the name and address of the shipper; (c) the kind and quantity of the products involved; (d) the interest of the applicant therein; (e) the identification of the products by (1) grade, brand, or other marks, if practicable, (2) car number of carrier or number of truck or name of boat, if practicable, and (3) the name and location of the store, warehouse, or other place where the products are located; (f) the particular quality or condition concerning which inspection is requested, to which may be added the time and place at which it is desired that the inspection be made; (g) when the lot is to be inspected in a receiving market, the name and address of the receiver; (h) the name of the shipping point and of the destination, when known; and (i) such other information as may be necessary for identification of the product, or as may be required by the inspector or the Administrator.

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§51.8   Filing of application.

An application shall be regarded as filed only when made at the office of inspection nearest the place where the commodity is located. A record showing the date and time of filing shall be made and kept in such office.

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§51.9   When application may be rejected.

An application may be rejected by the inspector in charge of the appropriate office of inspection if the applicant objects to the inspector cutting an adequate number of specimens to determine the interior quality or condition of the product to be inspected, or for failure of the applicant (a) to observe the regulations of this part, (b) to furnish necessary information or to make the commodity reasonably available or accessible for inspection, (c) to pay for previous inspection services rendered, or (d) when it appears that to perform the inspection and certification service would not be to the best interest of the Government. Such applicant shall be notified promptly of the reason for such rejection.

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§51.10   When application may be withdrawn.

An application may be withdrawn by the applicant at any time before the inspection is performed: Provided, That the applicant shall pay any travel expenses, telephone, telegraph, or other expenses which have been incurred by the Inspection Service in connection with such application.

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§51.11   Authority to request inspection.

Proof of the interest of an applicant in the product involved, or of the authority of any person applying for inspection in behalf of another may be required, at the discretion of the inspector.

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§51.12   Accessibility of products.

The applicant shall cause the products for which inspection is requested to be made reasonably accessible for sampling or inspection and to be so placed as to disclose their quality or condition. Samples of the products drawn for examination shall be inspected only under such conditions as, in the opinion of the inspector, will permit a true and correct determination to be made of their quality or condition.

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§51.13   Basis of service.

Inspection and certification service for quality and/or condition shall be based upon the appropriate standards promulgated by the U.S. Department of Agriculture, applicable standards prescribed by the laws of the State where the particular product was produced, specifications of any governmental agency, written buyer and seller contract specifications, or any written specification by an applicant which is approved by the Administrator: Provided, That if such product is regulated pursuant to the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601 et seq.), or the comparable laws of any State, such inspection and certification shall be on the basis of the standards, if any, prescribed in, or pursuant to, the marketing order and/or agreement effective thereunder.

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§51.14   Order of inspection service.

Inspection service shall be performed, insofar as practicable, in the order of which applications are received, except that precedence shall be given (a) to the inspection of lots involved in complaints filed pursuant to the Perishable Agricultural Commodities Act, 1930 (U.S.C. 449a et seq.), and (b) to appeal inspections. Precedence may also be given to applications made on behalf of the Federal or State Government.

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§51.15   Financial interest of inspector.

No inspector shall inspect any product in which he is directly or indirectly financially interested.

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§51.16   Postponing inspection service.

If the inspector has reason to believe that, because of latent defects due to climatic or other conditions, he is unable to determine the true quality or condition of the product, he shall postpone examination for such period as may, in his judgment, be reasonably necessary to enable him to determine its true quality or condition. Inspection shall also be postponed by the inspector, unless otherwise directed by the applicant, if in his judgment examination of the product when exposed to low temperatures may result in damage to the product.

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§51.17   Official sampling.

Samples may be officially drawn by any duly authorized inspector and delivered, or shipped, for analysis and certification to the nearest designated market or to such market as shall be directed by the Administrator. The container in which such samples are delivered, or shipped, shall contain a statement, signed by the inspector who drew the samples, showing the time and place of the sampling and the brands or other identifying marks of the containers from which the samples were drawn. The certificate based on such samples shall show the time and place of drawing the samples, and the name of the inspector by whom they were drawn.

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§51.18   Certificate forms.

Certificates shall be issued on forms approved by the Administrator.

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§51.19   Issuance of certificates.

(a)(1) A separate certificate shall be issued for each lot inspected, except that when an application covers more than one lot a single certificate may be issued to cover all such lots. The person signing and issuing the certificate shall be one of the following:

(i) The inspector who performed the inspection;

(ii) An inspector designated by the Administrator as the “inspector in charge,” when the certificate represents composite inspection of several persons;

(iii) Another employee of the Inspection Service who has been authorized by the Administrator to act in a supervisory capacity; or

(iv) With the approval of the administrator, the signature of the person performing the inspection or that of an employee of the Inspection Service who has been authorized to act in a supervisory capacity may be affixed by computer to an official certificate.

(2) Provided, That in all cases the inspection certificate shall be prepared in accordance with the official memoranda of the inspector or inspectors who performed the inspection.

(b) When the inspection is made for the purpose of determining whether food products for use by the applicant comply with contract specifications therefor, a formal certificate need not be issued, but the fact of such compliance or noncompliance may be indicated by affixing an appropriate stamp or mark on such products or the containers thereof, at the discretion of the inspector.

[35 FR 13571, Aug. 26, 1970. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981; 51 FR 8478, Mar. 12, 1986; 84 FR 8590, Mar. 11, 2019]

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§51.20   Issuance of corrected certificates.

A corrected inspection certificate may be issued by the inspector who issued the original certificate after distribution of a certificate if errors, such as incorrect dates, grade statements, lot or car numbers, identification marks, types of containers, sizes, weights, quantities, or errors in any other pertinent information require the issuance of a corrected certificate. Whenever a corrected certificate is issued, such certificate shall supersede the inspection certificate which was issued in error and the superseded certificate shall become null and void after the issuance of the corrected certificate.

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§51.21   Disposition of inspection certificates.

(a) The original certificate, and not to exceed four copies (if requested by applicant prior to issuance), shall be delivered or mailed promptly to the applicant or to a person designated by him. One copy shall be delivered or mailed to the shipper of the inspected product. One copy shall be filed in the office of the inspector when the inspection is made by a Federal Government employee, otherwise, it shall be filed in the appropriate office of the cooperating Federal-State Inspection Agency. Unless otherwise directed by the Administrator, two copies of each official certificate issued on products received in destination markets shall be forwarded to the Administrator to be kept on file in Washington and no copies of official certificates issued at shipping point need be so forwarded. In the case of any product covered by a marketing agreement and/or order effective pursuant to the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601 et seq.), at least one copy of each certificate covering the inspection of such product shall, on request, be delivered to the administrative agency established thereunder, subject to such terms and conditions as the Administrator may prescribe. Copies may be furnished to other interested parties as outlined in §51.41.

(b) [Reserved]

[63 FR 15277, Mar. 31, 1998]

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§51.22   Disposition of samples.

If it is necessary to take samples of the product to the inspection office for further examination, the inspector, after completion of inspection of such samples shall dispose of them or any usable portion as follows: (a) Ascertain from the applicant if the owner wants the samples returned to him at his expense, (b) if he does not want them returned at his expense, give them to a nonsectarian charitable organization or, (c) if they have a substantial monetary value, sell them and remit the proceeds to the Agricultural Marketing Service, U.S. Department of Agriculture, Washington, D.C. 20250, or if applicable, to the cooperating State Agency. Such proceeds shall be deposited to the credit of the Inspection Trust Fund, Federal or cooperating agency, whichever is applicable.

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§51.23   Report of inspection results prior to issuance of formal report.

Upon request of an applicant, all or any part of the contents of a certificate covering an inspection requested by him may be telegraphed or telephoned to him, or to any person designated by him, at his expense. If the application for such information is received after the certificate has been issued, it will be considered as an application for an extra copy of the certificate, and the fees prescribed in §51.41 shall apply.

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Appeal Inspection

§51.24   When appeal inspection may be requested.

An application for appeal inspection may be made by any financially interested person who is dissatisfied with the results of an inspection as stated in an inspection certificate, if the lot can be positively identified by the Inspection Service as the lot which was previously inspected.

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§51.25   Where to file for an appeal inspection and information required.

An appeal inspection may be obtained by the applicant, or other person financially interested in the product, by filing a request (a) with the Inspection Office nearest the point where the product is located, or (b) with the inspector who made the original inspection, or (c) with any district supervisory inspection office, or (d) with the Administrator. The application for the appeal inspection shall state the reasons therefor, and shall be accompanied by a copy of any previous inspection certificate or inspection report, and any other information which the applicant received regarding the quality or condition of the product at the time of the original inspection. Such application may be made orally (in person or by telephone), in writing, or by telegraph. If made orally, written confirmation shall be made promptly.

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§51.26   Record of filing time.

A record showing the date and time of filing an application for appeal inspection shall be made promptly by the receiving office.

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§51.27   When appeal inspection may be refused.

An application for an appeal inspection may be refused if: (a) The reasons for the appeal inspection are frivolous or not substantial; (b) the quality or condition of the product has undergone a material change since the inspection covering the product on which the appeal inspection is requested; (c) the lot in question is not, or cannot be, made accessible for the inspection; (d) the lot relative to which appeal inspection is requested cannot be identified positively by the inspector as the lot which was previously inspected; or (e) there is noncompliance with the regulations in this part. Such an applicant shall be notified promptly of the reason for refusal.

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§51.28   When an application for an appeal 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 applicant shall pay any travel expenses, telephone, telegraph or other expenses which have been incurred by the Inspection Service in connection with such application.

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§51.29   Order in which made.

Appeal inspections shall be made, as soon as practicable, following the time requested by the applicant and in the order in which applications are received. They shall take precedence over all other pending applications, except applications for inspections covering lots involved in complaints filed pursuant to the Perishable Agricultural Commodities Act, 1930 as amended (7 U.S.C. 499a et seq.).

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§51.30   Who shall perform appeal inspections.

Appeal inspections shall be performed by an inspector or inspectors authorized for this purpose by the Administrator and whenever practical, such appeal inspections shall be made by two inspectors.

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§51.31   Appeal inspection certificate.

After an appeal inspection has been completed, an appeal inspection certificate shall be issued showing the results of such appeal inspection; and such certificate shall supersede the inspection certificate previously issued for the product involved. Each appeal inspection certificate shall clearly identify the number and date of the inspection certificate which it supersedes. The superseded certificate shall become null and void upon the issuance of the appeal inspection certificate and shall no longer represent the quality described therein. The inspector or inspectors issuing an appeal inspection certificate shall sign the certificate and forward notice of such issuance to such persons as considered necessary to prevent misuse of the superseded certificate if the original and all copies of such superseded certificate have not previously been delivered to the inspector or inspectors issuing the appeal inspection certificate. The provisions in the regulations in this part concerning forms of certificates and issuance of certificates, shall apply to appeal inspection certificates, except that copies of such appeal inspection certificates shall be furnished all interested parties who receive copies of the superseded certificate.

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Licensing of Inspectors

§51.32   Who may be licensed.

Persons who are employed by a cooperative Federal-State Inspection Agency and possess adequate qualifications, as determined by such examinations as the Administrator may consider to be appropriate, may be licensed as inspectors of products which may be inspected under the regulations in this part. Such license shall bear the printed signature of the Secretary and shall be countersigned by an authorized employee of the Department. A licensed inspector shall perform his duties pursuant to the regulations in this subpart as directed by the Administrator.

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§51.33   Application to become a licensed inspector.

Application to become a licensed inspector shall be made to the Administrator on forms furnished for that purpose. Each such application shall be filled in and signed by the applicant in his own handwriting, and the application shall contain or be accompanied by:

(a) A statement of present address, age, height, and weight of the applicant;

(b) A statement showing education and present and previous occupations, together with names of all employers for whom he has worked with periods of service, during the last 5 years previous to the date of his application;

(c) A statement by the applicant that he agrees to comply with all terms and conditions of the regulations in this part relating to the duties of inspectors; and

(d) Such other information as may be required by the Administrator.

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§51.34   Suspension or revocation of license of a licensed inspector.

Pending final action by the Secretary, the Administrator may, whenever he deems such action necessary, suspend the license of any licensed inspector issued pursuant to the regulations in this part by giving notice of such suspension to the respective licensee, accompanied by a statement of the reasons therefor. Within 10 days after the receipt of the aforesaid notice and statement of the reasons by such licensee, he may file an appeal, in writing, with the Secretary, supported by any argument or evidence that he may wish to offer as to why his license should not be suspended or revoked. After the expiration of the aforesaid 10-day period and consideration of such argument and evidence, the Secretary will take such action as he deems appropriate with respect to such suspension or revocation. When no appeal is filed within the prescribed 10 days, the license shall be automatically revoked.

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§51.35   Surrender of license.

Upon termination of his services as a licensed inspector, or suspension or revocation of his license, a licensee shall surrender his license immediately to the office of inspection serving the area in which he is located. These same provisions shall apply in case of an expired license.

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§51.36   Expiration and renewal of license.

An inspector's license issued pursuant to the regulations in this subpart shall expire on December 31 of each year in which it is issued. The license of an inspector may be renewed by the issuance of a new license and the renewal shall subject the inspector to the terms and conditions of the regulations of this subpart.

[37 FR 11313, June 7, 1972. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981]

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Schedule of Fees and Charges at Destination Markets

§51.37   Charges for fees, rates, and expenses.

For each carlot of product inspected, a fee or rate determined in accordance with §§51.38 and 51.39, and expenses determined in accordance with §51.40, shall be paid by the applicant.

[56 FR 55800, Oct. 30, 1991]

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§51.38   Basis for fees and rates.

(a) For each calendar year, AMS will calculate the rate for services, per hour per program employee using the following formulas:

(1) Regular rate. The total AMS inspection program personnel direct pay divided by direct hours, which is then multiplied by the next year's percentage 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 service.

(2) Overtime rate. The total AMS inspection program personnel direct pay divided by direct hours, which is then multiplied by the next year's percentage of cost of living increase and then multiplied by 1.5 plus the benefits rate, plus the operating rate, plus an allowance for bad debt. If applicable, travel expenses may also be added to the cost of providing the service.

(3) Holiday rate. The total AMS inspection program personnel direct pay divided by direct hours which is then multiplied by the next year's percentage 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 expenses may also be added to the cost of providing the service.

(b)(1) 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:

(i) Benefits rate. The total AMS inspection 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 increase. Some examples of direct benefits are health insurance, retirement, life insurance, and Thrift Savings Plan (TSP) retirement basic and matching contributions.

(ii) Operating rate. The total AMS inspection program operating costs divided by total hours (regular, overtime, and holiday) worked, which is then multiplied by the percentage of inflation.

(iii) Allowance for bad debt rate. Total allowance for bad debt divided by total hours (regular, overtime, and holiday) worked.

(2) The calendar year cost of living expenses and percentage of inflation factors used in the formulas in this section are based on the most recent Office of Management and Budget's Presidential Economic Assumptions.

(c) When an inspection is delayed because product is not available or readily accessible, a charge for waiting time shall be determined using the formulas in this section.

[79 FR 67320, Nov. 13, 2014]

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§51.39   Fees for appeal inspections.

The fee to be charged to an applicant, including any Government agency, for appeal inspections on all products shall be at the same rate as those set forth in this part, except that when a material error is found in the determination of the original inspection, no fee will be charged.

[56 FR 55800, Oct. 30, 1991]

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§51.40   Traveling and other expenses.

Costs including travel incurred by the Agricultural Marketing Service in providing inspection service or appeal inspections may be charged to the applicant, including any Government agency. These charges shall be included with the fee for inspection on the bill furnished the applicant.

[56 FR 55800, Oct. 30, 1991]

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§51.41   Fees for additional copies of inspection certificates.

Additional copies of any inspection certificate other than those copies provided for in §51.21, or copies of official memoranda, may be mailed, faxed, or otherwise provided to any interested party upon payment of a fee of $5.00 for each copy.

[56 FR 55800, Oct. 30, 1991]

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§51.42   Charges for inspection services on a contract basis.

Irrespective of fees and charges prescribed in the foregoing sections, the Administrator may enter into contracts with applicants to perform 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 services provided for in such contracts shall be on such basis as will reimburse the Agricultural Marketing Service of the Department for the full cost of conducting such inspection service, including an appropriate overhead charge to cover as nearly as practicable administrative overhead expenses, as may be determined by the Administrator.

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§51.43   How fees shall be paid.

Fees shall be paid by the applicant in accordance with the directions on the fee bill furnished him by the billing office, and in advance, if required by the inspector.

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§51.44   Disposition of fees.

(a) The fees collected for services rendered shall be disposed of as follows:

(1) Fees for inspections made by inspectors acting exclusively for the Agricultural Marketing Service shall be remitted promptly to the Agricultural Marketing Service.

(2) Fees for inspections made by an inspector acting under a cooperative agreement with a State or other organization shall be disposed of in accordance with the terms of such agreement. Such portion of the fees collected under a cooperative agreement with a State or other cooperating bodies as may be due the United States shall be remitted to the Agricultural Marketing Service.

(b) Fees and charges collected pursuant to §§51.40 to 51.41 shall be remitted to the Agricultural Marketing Service.

(c) Fees and charges collected pursuant to §51.42 shall be disposed of in accordance with the terms of the contract.

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Schedule of Fees and Charges at Shipping Point Areas

§51.45   Fees and charges at shipping point areas.

Fees for inspection performed under cooperative agreements pursuant to authority contained in any Act of Congress shall be those provided by such agreements.

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Miscellaneous

§51.46   Denial of inspection service.

Any or all benefits of the act may be denied any person for any of the following reasons: (a) Any willful misrepresentation or deceptive or fraudulent practice made or committed by any person in connection with the making or filing of an application for inspection service; (b) any fradulent or unauthorized use, alteration, or imitation of any certificate issued pursuant to the regulations in this subpart; (c) any interference with or obstruction of any inspector or official sampler in the performance of his duties, by intimidation, threat, assault or any other improper means; or (d) any willful violation of the regulations in this subpart may be deemed sufficient cause for debarring the person found guilty thereof from any or all benefits of the acts, after notice and opportunity for hearing has been accorded him. The Rules of Practice Governing Formal Adjudicatory Proceedings Instituted by the Secretary Under Various Statutes set forth in §§1.130 through 1.151 of this title and the Supplemental Rules of Practice in part 50 of this chapter shall govern proceedings conducted pursuant to this section.

[32 FR 15066, Nov. 1, 1967. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, and amended at 60 FR 8464, Feb. 14, 1995]

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§51.47   Political activity.

All inspectors are forbidden, during the period of their respective appointments or while holding a valid inspectors' license to take an active part in political campaigns and a violation by a licensee shall constitute grounds for revocation of his license. All Federal employees are subject to the applicable provisions of the Department's administrative regulations relating to political activity.

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§51.48   Inspector's identification.

Each inspector shall have in his possession at all times, and present upon request, while on duty, the means of identification furnished by the Department to such person.

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§51.49   Approved identifications.

(a) Grade marks. The approved shield mark with the appropriate U.S. grade designation may be used on containers, labels or otherwise indicated on the package when: (1) The product has been packed under continuous inspection as provided by the Inspection Service, (2) the plant in which the product is packed is maintained under good commercial sanitary practices, and (3) the product has been certified by an inspector as meeting the requirements of U.S. Grade A, U.S. Grade No. 1, or a higher U.S. grade as shown within the shield. The shields with approved grade designation for use shall be similar in form and design to the examples in figures 1 and 2 of this section.

eCFR graphic ec02se91.039.gif

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(b) Inspection legends. The approved continuous inspection legends may be used on containers, labels or otherwise indicated on the package when: (1) The product has been packed under continuous inspection provided by the Inspection Service, (2) the plant in which the product is packed is maintained under good commercial sanitary practices, and (3) the product meets the requirements of such quality, grade, or specification as may be approved by the Administrator. The continuous inspection legends approved for use shall be similar in form and design to the examples in figures 3 and 4.

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(c) Combined grade and inspection legends. The grade marks set forth in paragraph (a) of this section and illustrated by figures 1 and 2 of this section and the inspection legends set forth in paragraph (b) of this section and illustrated by figures 3 and 4 of paragraph (b) of this section may be combined into a consolidated grade and inspection legend for use on products which meet the requirements of both of these paragraphs. See figure 5.

eCFR graphic ec02se91.043.gif

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(d) Packer identification. The packer's name and address or assigned code number or other mark identifying the packer as may be approved by the Administrator, shall appear on any container bearing grade marks or inspection legends approved under paragraph (a), (b), or (c) of this section, as illustrated by the example in figure 6.

eCFR graphic ec02se91.044.gif

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(e) Other identification marks. Products may be inspected on a lot inspection basis as provided in this part and identified by an official inspection mark similar in form and design to figure 7 of this paragraph. The use of this mark or other comparable identification marks may be required by the Administrator whenever he determines that such identification is necessary in order to maintain the identity of lots which have been inspected and certified.

eCFR graphic ec02se91.045.gif

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[38 FR 7448, Mar. 22, 1973. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981]

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§51.50   Custody of official inspection marking devices.

All official inspection marking devices as shown in figure 6 of §51.49 shall be kept in the custody of the Agricultural Marketing Service and accurate records shall be kept of these devices. Each inspection office shall keep a record of the devices assigned to it. Such devices shall be distributed only to authorized employees of the Department who shall keep the devices in their official possession or control at all times and keep complete records of such devices.

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§51.51   Prohibited uses of approved identification.

No label or advertising material used on, or in conjunction with any product, shall bear a brand name, trademark, product name or any other descriptive material that incorporates, resembles, simulates, or alludes to any official U.S. Department of Agriculture grade mark, grade statement, continuous inspection legend, sampling mark or sampling statement, or combination of one or more thereof.

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§51.52   Licensing and identification of certain official devices.

The Administrator may issue licenses permitting the manufacture, identification, distribution, and sale of any official device designated as a USDA color standard, defect guide or other similar aid under such terms and conditions as may be specified by the Administrator. Licenses shall be available to all persons meeting conditions prescribed by the Administrator, shall be nonexclusive, and shall be revocable for cause. No person shall manufacture, identify, distribute or sell any such official device except at the direction of or under license from the Administrator. Such official devices may be marked, tagged or otherwise designated with the prefix “USDA” together with other identifying words or symbols, as prescribed by the license.

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Requirements for Plants Operating Under Continuous Inspection on a Contract Basis

§51.53   Continuous inspections.

Continuous inspection service which is associated with the use of the approved shield showing the U.S. grade, the approved continuous inspection legend, or both, on the container may be furnished whenever inspectors are available, the facilities and conditions are satisfactory for the conduct of the service, and there is a signed contract between the applicant and the Department or a cooperative Federal-State Inspection Agency in which it is agreed that such service will be conducted subject to regulations governing the inspection and certification of fresh fruits, vegetables, and other products, contained in this part and any additional and supplemental instructions issued by the Department or such instructions issued by a cooperating agency which are not inconsistent with those issued by the Department.

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§51.54   Plant survey.

Prior to the inauguration of continuous Federal or Federal-State Inspection Service on a contract basis, the Administrator will make or cause to be made a survey and inspection where such service is to be performed to determine whether the premises, plant and facilities are suitable and adequate for the performance of such service in accordance with the regulations in this part, including, but not limited to requirements contained in §§51.54 through 51.59.

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§51.55   Premises.

The premises shall be free from conditions objectionable to packing operations, including, but not limited to litter, waste and refuse within the immediate vicinity of the plant buildings, excessively dusty roads, yards or parking lots, and poorly drained areas.

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§51.56   Buildings and structures.

The packing plant buildings shall be properly constructed and maintained in a sanitary condition, including, but not limited to the following requirements:

(a) There shall be sufficient light consistent with the use to which the particular portion of the building is devoted and to permit efficient cleaning. The grading belts and bins shall be provided with sufficient proper nonglaring light to insure adequacy of grading and inspection operations;

(b) If the product is washed there shall be ample supply of water of a safe and sanitary quality with adequate facilities for its distribution throughout the plant and washing machinery;

(c) There shall also be an efficient waste disposal and plumbing system maintained in good repair;

(d) Each room in which the product is graded or stored shall be designed and constructed as to insure operating conditions of a clean and orderly character and shall be maintained in a clean and sanitary manner; and,

(e) Every practical precaution shall be taken to exclude dogs, cats, rodents and other vermin from the rooms in which the products are to be graded or stored.

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§51.57   Facilities.

Each packing plant shall be equipped with adequate sanitary facilities and accommodations, including but not being limited to the following:

(a) There shall be a sufficient number of adequately lighted toilet rooms, ample in size and conveniently located. Toilet rooms shall be adequately screened and equipped with self-closing doors, and shall have independent outside ventilation;

(b) Adequate lavatory accommodations and supplies shall be placed at such locations in or near toilet rooms as to insure the cleanliness of each person who grades or handles the product to be inspected; and

(c) Suitable facilities for cleaning shall be provided at convenient locations in the plant.

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§51.58   Equipment.

All equipment used for receiving, washing, grading, packaging or storing shall be of such design, material and construction that it may be kept clean.

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§51.59   Operations and operating procedures.

(a) The inspector shall refuse to permit the use of the official shield with grade mark or continuous inspection legend on packages if the produce is from a field or orchard having a disease or other condition which may not be apparent on individual specimens at packing time but which may cause the product to materially decrease in quality after packing.

(b) All products which are certified shall be subjected to continuous inspection throughout the packing operations.

(c) The inspectors are available for consultation purposes but shall not become involved in plant operations.

(d) The Inspection Service will not be responsible for damages occurring through any act of commission or omission on the part of its inspectors when engaged in rendering continuous inspection service; for packing errors or misbranding of products; or for failure to supply enough inspectors during any period of service provided under the contract.

(e) The applicant for continuous inspection shall:

(1) Conform to all applicable regulations under which the continuous inspection service is conducted.

(2) Use only raw material which has been handled or stored under conditions which insures its suitability for packing; maintain the plant designated herein in such sanitary condition and to employ such methods of handling raw materials for packing as may be necessary to conform to the sanitary requirements prescribed in this part.

(3) Not permit any of his marks or labels or buyers' and distributors' marks or labels applied by him on which reference is made to continuous inspection to be used on any product not packed under this continuous inspection service; or permit any of his marks or labels or buyers' and distributors' marks or labels applied by him on which reference is made to any U.S. Grade to be used on any product which does not meet the requirements of such grade; or to supply labels bearing reference to continuous inspection service to another plant unless the products to which such labels are to be applied have been packed under continuous inspection.

(4) Furnish any reports of packaging and output of products inspected, as may be requested by the inspection agencies.

(5) Make available to inspectors adequate office space in the designated plant and furnish suitable desks and office equipment for the proper care of inspection records.

(6) Make his laboratory or other facilities and necessary equipment available for the use of inspectors in making inspection of samples.

(7) Furnish if required, such stenographic and clerical assistance as may be necessary in the typing of certificates and reports and the handling of official correspondence, as well as the labor incident to drawing of samples and facilitating adequate inspection procedure when necessary.

(8) Submit to the Chief of the Fresh Products Standardization and Inspection Branch, Fruit and Vegetable Division, Agricultural Marketing Service, for approval prior to printing, drawings or printers' proofs of each packer's or distributor's label bearing or referring in any manner to official inspection legends or grade marks.

(9) Not make deceptive, fraudulent, or unauthorized use in his advertising, or otherwise, of the continuous inspection service, the inspection certificates or reports issued, or the containers on which the shield of the Department is identified, in connection with the sale of any of the packaged products; and to submit to the Agricultural Marketing Service through the inspector assigned to the plant or other representative of the Inspection Service, for approval to use any proposed advertising in which reference is made to the Inspection Service.

[32 FR 15066, Nov. 1, 1967, as amended at 38 FR 7448, Mar. 22, 1973. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981]

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§51.60   Termination of contracts.

In case the applicant wishes to terminate the contract he agrees either to continue the service until all unused containers, labels and advertising material on hand or in the possession of his supplier bearing the Department shield, or reference to continuous inspection service have been used, or to destroy such containers, labels and advertising material, or to obliterate the Department shield and all other reference to the continuous inspection service on said containers, labels, and advertising material, or otherwise furnish assurance satisfactory to the Agricultural Marketing Service that such containers, labels and advertising material will not be used in violation of the terms and conditions of this agreement. In case the continuous inspection service is terminated for cause by the Agricultural Marketing Service, the applicant agrees to destroy all unused containers, labels and advertising material on hand bearing the Department shield, or reference to continuous inspection service, or to obliterate the Department shield, and all reference to the continuous inspection service on said containers, labels and advertising material or otherwise furnish assurance satisfactory to the Agricultural Marketing Service that such containers, labels and advertising material will not be used in violation of the terms and conditions of the agreement.

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§51.61   Congressional interest in contracts.

No member of, or delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of any contract provided for in the regulations in this subpart or to any benefit that may arise therefrom, 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 contract to a member of, or delegate to Congress, or a Resident Commissioner in his capacity as a farmer.

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§51.62   OMB control numbers assigned pursuant to the Paperwork Reduction Act.

The information collection requirements contained in this part have been approved by the Office of Management and Budget (OMB) under the provisions of 44 U.S.C. Chapter 35 and have been assigned OMB Control No. 0581-0125.

(44 U.S.C. Chap. 35)

[49 FR 23826, June 8, 1984]

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Subpart—United States Standards for Grades of Apples

Source: 67 FR 69663, Nov. 19, 2002, unless otherwise noted.

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Grades

§51.300   U.S. Extra Fancy.

“U.S. Extra Fancy” consists of apples of one variety (except when more than one variety is printed on the container) which are mature but not overripe, clean, fairly well formed, free from decay, internal browning, internal breakdown, soft scald, scab, freezing injury, visible water core, and broken skins. The apples are also free from injury caused by bruises, brown surface discoloration, smooth net-like russeting, sunburn or sprayburn, limb rubs, hail, drought spots, scars, disease, insects, or other means. The apples are free from damage caused by bitter pit or Jonathan spot and by smooth solid, slightly rough or rough russeting, or stem or calyx cracks, as well as damage by invisible water core after January 31st of the year following the year of production except for the Fuji variety of apples. Invisible water core shall not be scored against the Fuji variety of apples under any circumstances. For the apple varieties listed in table I of §51.305, each apple of this grade has the amount of color specified for the variety. (See §§51.305 and 51.306.)

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§51.301   U.S. Fancy.

“U.S. Fancy” consists of apples of one variety (except when more than one variety is printed on the container) which are mature but not overripe, clean, fairly well formed, and free from decay, internal browning, internal breakdown, soft scald, freezing injury, visible water core, and broken skins. The apples are also free from damage caused by bruises, brown surface discoloration, russeting, sunburn or sprayburn, limb rubs, hail, drought spots, scars, stem or calyx cracks, disease, insects, bitter pit, Jonathan spot, or damage by other means, or invisible water core after January 31st of the year following the year of production, except for the Fuji variety of apples. Invisible water core shall not be scored against the Fuji variety of apples under any circumstances. For the apple varieties listed in table I of §51.305, each apple of this grade has the amount of color specified for the variety. (See §§51.305 and 51.306.)

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§51.302   U.S. No. 1.

“U.S. No. 1” consists of apples which meet the requirements of U.S. Fancy grade except for color, russeting, and invisible water core. In this grade, less color is required for all varieties listed in table I of §51.305. Apples of this grade are free from excessive damage caused by russeting which means that apples meet the russeting requirements for U.S. Fancy as defined under the definitions of “damage by russeting,” except the aggregate area of an apple which may be covered by smooth net-like russeting shall not exceed 25 percent; and the aggregate area of an apple which may be covered by smooth solid russeting shall not exceed 10 percent: Provided, That, in the case of the Yellow Newtown or similar varieties, the aggregate area of an apple which may be covered with smooth solid russeting shall not exceed 20 percent. Each apple of this grade has the amount of color specified in §51.305 for the variety. Invisible water core shall not be scored in this grade. (See §§51.305 and 51.306.)

(a) U.S. No. 1 Hail: “U.S. No. 1 Hail” consists of apples which meet the requirements of U.S. No. 1 grade except that hail marks where the skin has not been broken and well healed hail marks where the skin has been broken, are permitted, provided the apples are fairly well formed. (See §§51.305 and 51.306.)

(b) [Reserved]

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§51.303   U.S. Utility.

“U.S. Utility” consists of apples of one variety (except when more than one variety is printed on the container) which are mature but not overripe, not seriously deformed and free from decay, internal browning, internal breakdown, soft scald, and freezing injury. The apples are also free from serious damage caused by dirt or other foreign matter, broken skins, bruises, brown surface discoloration, russeting, sunburn or sprayburn, limb rubs, hail, drought spots, scars, stem or calyx cracks, visible water core, bitter pit or Jonathan spot, disease, insects, or other means. (See §51.306.)

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§51.304   Combination grades.

(a) Combinations of the above grades may be used as follows:

(1) Combination U.S. Extra Fancy and U.S. Fancy;

(2) Combination U.S. Fancy and U.S. No. 1; and

(3) Combination U.S. No. 1 and U.S. Utility.

(b) Combinations other than these are not permitted in connection with the U.S. apple grades. When Combination grades are packed, at least 50 percent of the apples in any lot shall meet the requirements of the higher grade in the combination. (See §51.306.)

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Color Requirements

§51.305   Color requirements.

In addition to the requirements specified for the grades set forth in §§51.300 to 51.304, apples of these grades shall have the percentage of color specified for the variety in table I appearing in this section. All apple varieties other than those appearing in table I shall have no color requirements pertaining to these grades. For the solid red varieties, the percentage stated refers to the area of the surface which must be covered with a good shade of solid red characteristic of the variety: Provided, That an apple having color of a lighter shade of solid red or striped red than that considered as a good shade of red characteristic of the variety may be admitted to a grade, provided it has sufficient additional area covered so that the apple has as good an appearance as one with the minimum percentage of good red characteristic of the variety required for the grade. For the striped red varieties, the percentage stated refers to the area of the surface in which the stripes of a good shade of red characteristic of the variety shall predominate over stripes of lighter red, green, or yellow. However, an apple having color of a lighter shade than that considered as a good shade of red characteristic of the variety may be admitted to a grade, provided it has sufficient additional area covered so that the apple has as good an appearance as one with the minimum percentage of stripes of a good red characteristic of the variety required for the grade. Faded brown stripes shall not be considered as color. (A) Color standards USDA Visual Aid APL-CC-1 (Plates a—e) consists of a folder containing the color requirements for apples set forth in this section and five plates illustrating minimum good shade of solid red or striped red color, minimum compensating color and shade not considered color, for the following 12 varieties: Red Delicious, Red Rome, Empire, Idared, Winesap, Jonathan, Stayman, McIntosh, Cortland, Rome Beauty, Delicious, and York.

These color standards will be available for examination and purchasing information in the Fresh Products Branch, Fruit and Vegetable Programs, AMS, U.S. Department of Agriculture, South Building, Washington, DC 20250; in any field office of the Fresh Products Branch; or upon request of any authorized inspector of the Fresh Fruit and Vegetable Inspection Service.

Table 11

[Only the varieties listed below shall be required to meet a minimum color requirement]

Variety U.S. extra fancy
(Percent)
U.S. fancy
(Percent)
U.S. No. 1
(Percent)
Red Delicious664025
Red Rome664025
Empire664025
Idared664025
Winesap664025
Jonathan664025
Stayman503325
McIntosh503325
Cortland503325
Rome Beauty503325
Delicious503325
York503325

1Variations on varietal designations listed above must meet or exceed those color requirements listed.

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Tolerances

§51.306   Tolerances.

In order to allow for variations incident to proper grading and handling in each of the grades in 51.300, 51.301, 51.302, 51.303, and 51.304 the following tolerances are provided as specified:

(a) Defects: (1) U.S. Extra Fancy, U.S. Fancy, U.S. No. 1, and U.S. No. 1 Hail grades: 10 percent of the apples in any lot may fail to meet the requirements of the grade, but not more than one-half of this amount, or 5 percent, shall be allowed for apples which are seriously damaged, including therein not more than 1 percent for apples affected by decay or internal breakdown.

(2) U.S. Utility grade: 10 percent of the apples in any lot may fail to meet the requirements of the grade, but not more than one-half of this amount, or 5 percent, shall be allowed for apples which are seriously damaged by insects, and including in the total tolerance not more than 1 percent for apples affected by decay or internal breakdown.

(b) When applying the foregoing tolerances to Combination grades, no part of any tolerance shall be allowed to reduce, for the lot as a whole, the 50 percent of apples of the higher grade required in the combination, but individual containers shall have not less than 40 percent of the higher grade.

(c) Size: When size is designated by the numerical count for a container, not more than 10 percent of packages in the lot may fail to be fairly uniform.1 When size is designated by minimum or maximum diameter, not more than 5 percent of the apples in any lot may be smaller than the designated minimum, and not more than 10 percent may be larger than the designated maximum. For Red Delicious or Golden Delicious varieties only, a combination of minimum diameter and/or weight may be used. When this designation is used, an individual apple will be considered to have met the minimum size requirement even if the apple is smaller than the minimum diameter, provided it is equal to or greater than the weight provided in table II of this section. However, not more than 5 percent of the apples in any lot may fail to meet either the minimum diameter or minimum weight when so designated. In addition, when Red Delicious or Golden Delicious apples are designated with diameter/weight combinations, they may only be designated according to the following table:

1“Fairly uniform” means the size of the fruit within the container does not vary more than 12 inch diameter from the smallest to largest fruit.

Table II

Red delicious Golden delicious
218 inches or 65 grams63 grams
214 inches or 75 grams70 grams
238 inches or 84 grams82 grams
212 inches or 100 grams95 grams
258 inches or 115 grams109 grams
234 inches or 139 grams134 grams

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Application of Tolerances

§51.307   Application of tolerances.

The contents of individual packages in the lot, are subject to the following limitations: Provided, That the averages for the entire lot are within the tolerances specified for the grade:

(a) Packages which contain more than 10 pounds:

(1) Shall have not more than one and one-half times a specified tolerance of 10 percent or more and not more than double a tolerance of less than 10 percent, except that at least one apple which is seriously damaged by insects or affected by decay or internal breakdown may be permitted in any package.

(2) [Reserved]

(b) Packages which contain 10 pounds or less:

(1) No package may have more than 3 times the tolerance specified, except that at least three defective apples may be permitted in any package: Provided, That not more than three apples or more than 18 percent (whichever is the larger amount) may be seriously damaged by insects or affected by decay or internal breakdown.

(2) [Reserved]

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Methods of Sampling and Calculation of Percentages

§51.308   Methods of sampling and calculation of percentages.

(a) When the numerical count is marked on the container, containers are packed to weigh ten pounds or less, or in any container where the minimum diameter of the smallest apple does not vary more than 12 inch from the minimum diameter of the largest apple, percentages shall be calculated on the basis of count.

(b) In all other cases except those listed in paragraph (a) of this section, they shall be calculated on the basis of weight.

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Condition After Storage or Transit

§51.309   Condition after storage or transit.

Decay, scald, or any other deterioration which may have developed on apples after they have been in storage or transit shall be considered as affecting condition and not the grade.

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Packing Requirements

§51.310   Packing requirements.

(a) Apples tray packed or cell packed in cartons shall be arranged according to approved and recognized methods. Packs shall be at least fairly tight2 or fairly well filled.3

2“Fairly tight” means that apples are of the proper size for molds or cell compartments in which they are packed, and that molds or cells are filled in such a way that no more than slight movement of apples within molds or cells is possible.

3“Fairly well filled” means that the net weight of apples in containers ranging from 2,100 to 2,900 cubic inch capacity is not less than 37 pounds for Cortland, Gravenstein, Jonathan, McIntosh and Golden Delicious varieties and not less than 40 pounds for all other varieties.

(b) Closed cartons containing apples not tray or cell packed shall be fairly well filled or the pack shall be sufficiently tight to prevent any appreciable movement of the apples.

(c) Packs in wooden boxes or baskets shall be sufficiently tight to prevent any appreciable movement of apples within containers when the packages are closed. Each wrapped apple shall be completely enclosed by its individual wrapper.

(d) Apples on the shown face of any container shall be reasonably representative in size, color and quality of the contents.

(e) Tolerances: In order to allow for variations incident to proper packing, not more than 10 percent of the containers in any lot may fail to meet these requirements.

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Marking Requirements

§51.311   Marking requirements.

Variety (or varieties if more than one is packed in the container), grade, and the numerical count or minimum diameter of apples packed in a closed container shall be indicated on the container. For apple lots utilizing the combined diameter/weight designations for Red Delicious and Golden Delicious varieties, the minimum diameter and minimum weight of apples packed in a closed container shall be indicated on the container.

(a) When the numerical count is not shown, the minimum diameter or, in the case of Red Delicious or Golden Delicious lots where minimum diameter/weight designations have been chosen, the minimum diameter and weight as designated in table II, shall be plainly stamped, stenciled or otherwise marked on the container in terms of whole inches, or whole inches and not less than eighth inch fractions thereof in the following manner: “A” inches or “B” grams, where “A” corresponds to one of the diameter measurements in terms of inches listed in table II and “B” corresponds to the weight measurement in grams as indicated in table II. Both diameter and weight must be shown using the word “or” between the given measurements.

(b) The word “minimum,” or its abbreviation, when following a diameter size marking, means that the apples are of the size marked or larger. (See §§51.306 and 51.307.)

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Definitions

§51.312   Mature.

“Mature” means that the apples have reached the stage of development which will insure the proper completion of the ripening process. Before a mature apple becomes overripe it will show varying degrees of firmness, depending upon the stage of the ripening process. The following terms are used for describing different stages of firmness of apples:

(a) “Hard” means apples with a tenacious flesh and starchy flavor.

(b) “Firm” means apples with a tenacious flesh but which are becoming crisp with a slightly starchy flavor, except the Delicious variety.

(c) “Firm ripe” means apples with crisp flesh except that the flesh of the Gano, Ben Davis, and Rome Beauty varieties may be slightly mealy.

(d) “Ripe” means apples with mealy flesh and soon to become soft for the variety.

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§51.313   Overripe.

“Overripe” means apples which have progressed beyond the stage of ripe, with flesh very mealy or soft, and past commercial utility.

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§51.314   Clean.

“Clean” means that the apples are free from excessive dirt, dust, spray residue, and other foreign material.

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§51.315   Fairly well formed.

“Fairly well formed” means that the apple may be slightly abnormal in shape but not to an extent which detracts materially from its appearance.

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§51.316   Injury.

“Injury” means any specific defect defined in this section or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which more than slightly detract from the appearance or the edible or shipping quality of the apple. In addition, specific defect measurements are based on an apple three inches in diameter. Corresponding smaller or larger areas would be allowed on smaller or larger fruit. Any reference to “inch” or “inches in diameter” refers to that of a circle of the specified diameter. Any reference to “aggregate area,” “total area,” or “aggregate affected area” means the gathering together of separate areas into one mass for the purpose of comparison to determine the extent affected. The following specific defects shall be considered as injury:

(a) Russeting in the stem cavity or calyx basin which cannot be seen when the apple is placed stem end or calyx end down on a flat surface shall not be considered in determining whether an apple is injured by russeting. Smooth net-like russeting outside of the stem cavity or calyx basin shall be considered as injury when an aggregate area of more than 10 percent of the surface is covered, and the color of the russeting shows no very pronounced contrast with the background color of the apple, or lesser amounts of more conspicuous net-like russeting when the appearance is affected to a greater extent than the amount permitted above.

(b) Sunburn or sprayburn, when the discolored area does not blend into the normal color of the fruit.

(c) Dark brown or black limb rubs which affect a total area of more than one-fourth inch in diameter, except that light brown limb rubs of a russet character shall be considered under the definition of injury by russeting.

(d) Hail marks, drought spots, other similar depressions or scars:

(1) When the skin is broken, whether healed or unhealed;

(2) When there is appreciable discoloration of the surface;

(3) When any surface indentation exceeds one-sixteenth inch in depth;

(4) When any surface indentation exceeds one-eighth inch in diameter; or

(5) When the aggregate affected area of such spots exceeds one-half inch in diameter.

(e) Bruises which are not slight and incident to proper handling and packing, and which are greater than:

(1) 18 inch in depth;

(2) 58 inch in diameter;

(3) any combination of lesser bruises which detract from the appearance or edible quality of the apple to an extent greater than any one bruise described in paragraphs (e)(1) or (2) of this section.

(f) Brown surface discoloration when caused by delayed sunburn, surface scald, or any other means and affects an area greater than 14 inch in diameter.

(g) Disease: (1) Cedar rust infection which affects a total area of more than three-sixteenths inch in diameter.

(2) Sooty blotch or fly speck which is thinly scattered over more than 5 percent of the surface, or dark, heavily concentrated spots which affect an area of more than one-fourth inch in diameter.

(3) Red skin spots which are thinly scattered over more than one-tenth of the surface, or dark, heavily concentrated spots which affect an area of more than one-fourth inch in diameter.

(h) Insects: (1) Any healed sting or healed stings which affect a total area of more than one-eighth inch in diameter including any encircling discolored rings.

(2) Worm holes.

[67 FR 69663, Nov. 19, 2002; 67 FR 79516, Dec. 30, 2002]

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§51.317   Damage.

Damage” means any specific defect defined in this section or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materially detract from the appearance, or the edible or shipping quality of the apple. In addition, specific defect measurements are based on an apple three inches in diameter. Corresponding smaller or larger areas would be allowed on smaller or larger fruit. Any reference to “inch” or “inches in diameter” refers to that of a circle of the specified diameter. Any reference to “aggregate area,” “total area,” or “aggregate affected area” means the gathering together of separate areas into one mass for the purpose of comparison to determine the extent affected. The following specific defects shall be considered as damage:

(a) Russeting in the stem cavity or calyx basin which cannot be seen when the apple is placed stem end or calyx end down on a flat surface shall not be considered in determining whether an apple is damaged by russeting, except that excessively rough or bark-like russeting in the stem cavity or calyx basin shall be considered as damage when the appearance of the apple is materially affected. The following types and amounts of russeting outside of the stem cavity or calyx basin shall be considered as damage:

(1) Russeting which is excessively rough on Roxbury Russet and other similar varieties.

(2) Smooth net-like russeting, when an aggregate area of more than 15 percent of the surface is covered, and the color of the russeting shows no very pronounced contrast with the background color of the apple, or lesser amounts of more conspicuous net-like russeting when the appearance is affected to a greater extent than the amount permitted above.

(3) Smooth solid russeting, when an aggregate area of more than 5 percent of the surface is covered, and the pattern and color of the russeting shows no very pronounced contrast with the background color of the apple, or lesser amounts of more conspicuous solid russeting when the appearance is affected to a greater extent than the above amount permitted.

(4) Slightly rough russeting which covers an aggregate area of more than one-half inch in diameter.

(5) Rough russeting which covers an aggregate area of more than one-fourth inch in diameter.

(b) Sunburn or sprayburn which has caused blistering or cracking of the skin, or when the discolored area does not blend into the normal color of the fruit unless the injury can be classed as russeting.

(c) Limb rubs which affect a total area of more than one-half inch in diameter, except that light brown limb rubs of a russet character shall be considered under the definition of damage by russeting.

(d) Hail marks, drought spots, other similar depressions, or scars:

(1) When any unhealed mark is present;

(2) When any surface indentation exceeds one-eighth inch in depth;

(3) When the skin has not been broken and the aggregate affected area exceeds one-half inch in diameter; or

(4) When the skin has been broken and well healed, and the aggregate affected area exceeds one-fourth inch in diameter.

(e) Stem or calyx cracks which are not well healed, or well healed stem or calyx cracks which exceed an aggregate length of one-fourth inch.

(f) Invisible water core existing around the core and extending to water core in the vascular bundles, or surrounding the vascular bundles when the affected areas surrounding three or more vascular bundles meet or coalesce, or existing in more than a slight degree outside the circular area formed by the vascular bundles. Provided, That invisible water core shall not be scored as damage against the Fuji variety of apples under any circumstances.

(g) Bruises which are not slight and incident to proper handling and packing, and which are greater than:

(1) 316 inch in depth;

(2) 78 inch in diameter;

(3) any combination of lesser bruises which detract from the appearance or edible quality of the apple to an extent greater than any one bruise described in paragraphs (g)(1) or (2) of this section.

(h) Brown surface discoloration when caused by delayed sunburn, surface scald, or any other means and affects an area greater than 12 inch in diameter.

(i) Disease: (1) Scab spots which affect a total area of more than one-fourth inch in diameter.

(2) Cedar rust infection which affects a total area of more than one-fourth inch in diameter.

(3) Sooty blotch or fly speck which is thinly scattered over more than one-tenth of the surface, or dark, heavily concentrated spots which affect an area of more than one-half inch in diameter.

(4) Red skin spots which are thinly scattered over more than one-tenth of the surface, or dark, heavily concentrated spots which affect an area of more than one-half inch in diameter.

(5) Bitter pit or Jonathan spot when one or more spots affects the surface of the apple.

(j) Insects: (1) Any healed sting or healed stings which affect a total area of more than three-sixteenths inch in diameter including any encircling discolored rings.

(2) Worm holes.

[67 FR 69663, Nov. 19, 2002; 67 FR 79517, Dec. 30, 2002]

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§51.318   Serious damage.

“Serious damage” means any specific defect defined in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects which seriously detract from the appearance, or the edible or shipping quality of the apple. In addition, specific defect measurements are based on an apple three inches in diameter. Corresponding smaller or larger areas would be allowed on smaller or larger fruit. Any reference to “inch” or “inches in diameter” refers to that of a circle of the specified diameter. Any reference to “aggregate area,” “total area,” or “aggregate affected area” means the gathering together of separate areas into one mass for the purpose of comparison to determine the extent affected. The following specific defects shall be considered as serious damage:

(a) The following types and amounts of russeting shall be considered as serious damage:

(1) Smooth solid russeting, when more than one-half of the surface in the aggregate is covered, including any russeting in the stem cavity or calyx basin, or slightly rough, or excessively rough or bark-like russeting, which detracts from the appearance of the fruit to a greater extent than the amount of smooth solid russeting permitted: Provided, That any amount of russeting shall be permitted on Roxbury Russet and other similar varieties.

(2) [Reserved]

(b) Sunburn or sprayburn which seriously detracts from the appearance of the fruit.

(c) Limb rubs which affect more than one-tenth of the surface in the aggregate.

(d) Hail marks, drought spots, or scars, if they materially deform or disfigure the fruit, or if such defects affect more than one-tenth of the surface in the aggregate: Provided, That no hail marks which are unhealed shall be permitted and not more than an aggregate area of one-half inch shall be allowed for well healed hail marks where the skin has been broken.

(e) Stem or calyx cracks which are not well healed, or well healed stem or calyx cracks which exceed an aggregate length of one-half inch.

(f) Visible water core which affects an area of more than one-half inch in diameter.

(g) Disease: (1) Scab spots which affect a total area of more than three-fourths inch in diameter.

(2) Cedar rust infection which affects a total area of more than three-fourths inch in diameter.

(3) Sooty blotch or fly speck which affects more than one-third of the surface.

(4) Red skin spots which affect more than one-third of the surface.

(5) Bitter pit or Jonathan spot which is thinly scattered over more than one-tenth of the surface.

(h) Insects: (1) Healed stings which affect a total area of more than one-fourth inch in diameter including any encircling discolored rings.

(2) Worm holes.

(i) Bruises which are not slight and incident to proper handling and packing, and which are greater than:

(1) 38 inch in depth;

(2) 118 inches in diameter;

(3) any combination of lesser bruises which detract from the appearance or edible quality of the apple to an extent greater than any one bruise described in paragraph (i)(1) or (2) of this section.

(j) Brown surface discoloration when caused by delayed sunburn, surface scald, or any other means and affects an area greater than 34 inch in diameter.

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§51.319   Seriously deformed.

“Seriously deformed” means that the apple is so badly misshapen that its appearance is seriously affected.

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§51.320   Diameter.

When measuring for minimum size, “diameter” means the greatest dimension of the apple measured at right angles to a line from stem to blossom end. When measuring for maximum size, “diameter” means the smallest dimension of the apple determined by passing the apple through a round opening in any position.

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U.S. Condition Standards for Export

§51.321   U.S. Condition Standards for Export.4

4These standards may be applied to domestic shipments of apples as well as export lots, and may be referred to as “U.S. Condition Standards.”

(a) Not more than 5 percent of the apples in any lot shall be further advanced in maturity than firm ripe.

(b) Not more than 5 percent of the apples in any lot shall be damaged by storage scab.

(c) Not more than a total of 5 percent of the apples in any lot shall be affected by scald, internal breakdown, freezing injury, or decay; or damaged by bitter pit, Jonathan spot, water core5 except that invisible water core shall not be scored as damage when these condition standards are applied to the Fuji variety of apples, or other condition factors: Provided, That:

5“Damage by water core” means externally invisible water core existing around the core and extending to water core in the vascular bundles, or surrounding the vascular bundles when the affected areas surrounding three or more vascular bundles meet or coalesce, or existing in more than slight degree outside the circular area formed by the vascular bundles, or any externally visible water core.

(1) Not more than a total of 2 percent shall be allowed for apples affected by decay and soft scald;

(2) Not more than 2 percent shall be allowed for apples affected by internal breakdown;

(d) Container packs shall comply with packing requirements specified in §51.310 of the United States Standards for Grades of Apples.

(e) Any lot of apples shall be considered as meeting the U.S. Condition Standards for Export if the entire lot averages within the requirements specified: Provided, That no package in any lot shall have more than double the percentages specified, except that for packages which contain 10 pounds or less, individual packages in any lot may have not more than three times the tolerance or three apples (whichever is the greater amount).

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Metric Conversion Table

§51.322   Metric conversion table.

Inches Millimeters
(mm)
116 equals1.6
18 equals3.2
316 equals4.8
14 equals6.4
38 equals9.5
12 equals12.7
58 equals15.9
34 equals19.1
78 equals22.2
118 equals28.6
218 equals54.0
214 equals57.2
238 equals60.3
212 equals63.5
234 equals69.9
Cubic Inches Cubic Centimeters (cc)
2100 equals34,412.7
2900 equals47,522.3
Pounds Grams (g)
10 equals4,536.0
37 equals16,783.2
40 equals18,144.0

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Subpart—United States Standards for Grades of Apples for Processing

Source: 26 FR 3604, Apr. 27, 1961, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981.

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Grades

§51.340   U.S. No. 1.

“U.S. No. 1” consists of apples of one variety, unless designated as mixed varieties, which are not overripe, which are free from decay, worm holes, freezing injury and internal breakdown and free from any other defect, or combination of defects, the removal of which in the usual commercial preparation for use will cause a loss of more than 5 percent, by weight, of the apple.

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§51.341   U.S. No. 2.

“U.S. No. 2” consists of apples of one variety, unless designated as mixed varieties, which are not overripe, which are free from decay, worm holes, freezing injury and internal breakdown and free from any other defect, or combination of defects, the removal of which in the usual commercial preparation for use will cause a loss of more than 12 percent, by weight, of the apple.

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§51.342   U.S. Cider.

“U.S. Cider” consists of apples which are free from decay, worm holes and internal breakdown.

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Culls

§51.343   Culls.

“Culls” consist of apples which fail to meet the requirements of U.S. Cider Grade.

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Size

§51.344   Size.

(a) The minimum and maximum sizes or range of sizes shall be determined as agreed upon by buyer and seller.

(b) Unless otherwise specified, the minimum and maximum sizes or range of sizes shall be determined by the use of an approved sizing chain of the exact dimension specified in the agreement between buyer and seller.

(c) Size is the dimension of the apples determined by the smallest opening through which it will pass.

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Application of Standards

§51.345   Application of standards.

(a) When a lot of apples is required to meet a specific U.S. grade, the tolerances as set forth in §51.346 shall apply. When packed in closed packages the application of tolerances in §51.347 shall apply. The application of tolerances shall not apply to apples in open or bulk containers.

(b) In the application of these standards to determine the percentage of the lot which meets the requirements of each of the grades, tolerances shall not apply.

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Tolerances

§51.346   Tolerances.

When a lot of apples is required to meet one of the U.S. grades, the apples shall not be further advanced in maturity than generally firm ripe, and the following tolerances, by weight, shall apply:

(a) For defects. 10 percent for apples which fail to meet the requirements of the grade: Provided, That included in this amount not more than the following percentages shall be allowed for the defects listed:

(1) 2 percent for apples which are affected by decay;

(2) 2 percent for apples which are affected by internal breakdown; and,

(3) 5 percent for apples which are affected by worm holes.

(b) For off-size. 5 percent for apples which are smaller than any specified minimum size, and 10 percent for apples larger than any specified maximum size.

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Application of Tolerances

§51.347   Application of tolerances.

Apples in closed packages are subject to the following limitations provided the averages for the entire lot are within the tolerances specified for the grade:

(a) For a tolerance of 10 percent, individual packages shall have not more than one and one-half times the tolerance specified. For a tolerance of less than 10 percent, individual packages shall have not more than double the tolerances specified.

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Definitions

§51.348   One variety.

One variety within the meaning of these standards shall include all bud sports and strains of the specified variety.

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§51.349   Overripe.

Overripe means apples which are dead ripe, and with flesh very mealy or soft.

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Subpart—United States Standards for Grades of Grapefruit (Texas and States Other Than Florida, California, and Arizona)

Source: 34 FR 13905, Aug. 30, 1969, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981.

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Grades

§51.620   U.S. Fancy.

“U.S. Fancy” consists of grapefruit which meet the following requirements:

(a) Basic requirements:

(1) Discoloration:

(i) Not more than one-tenth of the surface, in the aggregate, may be affected by discoloration. (See §51.638.)

(2) Firm;

(3) Mature;

(4) Similar varietal characteristics;

(5) Smooth texture;

(6) Well formed; and,

(7) Well colored.

(b) Free from:

(1) Ammoniation;

(2) Bruises;

(3) Buckskin;

(4) Cuts not healed;

(5) Skin breakdown;

(6) Decay;

(7) Growth cracks;

(8) Scab;

(9) Sprayburn; and,

(10) Wormy fruit.

(c) Not injured by:

(1) Green spots;

(2) Oil spots;

(3) Scale;

(4) Scars; and,

(5) Thorn scratches.

(d) Not damaged by any other cause.

(e) For tolerances see §51.628.

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§51.621   U.S. No. 1.

“U.S. No. 1” consists of grapefruit which meet the following requirements:

(a) Basic requirement:

(1) Discoloration:

(i) Not more than one-half of the surface, in the aggregate, may be affected by discoloration. (See §51.638.)

(2) Firm;

(3) Mature;

(4) Similar varietal characteristics;

(5) Fairly well colored;

(6) Fairly smooth texture; and,

(7) Fairly well formed.

(b) Free from:

(1) Bruises;

(2) Cuts not healed;

(3) Caked melanose;

(4) Growth cracks;

(5) Sprayburn;

(6) Decay; and,

(7) Wormy fruit.

(c) Not damaged by any other cause.

(d) For tolerances see §51.628.

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§51.622   U.S. No. 1 Bright.

The requirements for this grade are the same as for U.S. No. 1 except that no fruit may have more than one-tenth of its surface, in the aggregate, affected by discoloration.

(a) For tolerances see §51.628.

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§51.623   U.S. No. 1 Bronze.

The requirements for this grade are the same as for U.S. No. 1 except that all fruit must show some discoloration. Not less than the number of fruits required in §51.628, Tables I and II, shall have more than one-half of their surface, in the aggregate, affected by discoloration. The predominating discoloration on these fruits shall be of rust mite type.

(a) For tolerances see §51.628.

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§51.624   U.S. Combination.

“U.S. Combination” consists of a combination of U.S. No. 1 and U.S. No. 2 grapefruit: Provided, That the number of U.S. No. 2 fruits specified in §51.628, Tables I and II, are not exceeded.

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§51.625   U.S. No. 2.

“U.S. No. 2” consists of grapefruit which meet the following requirements:

(a) Basic requirements:

(1) Discoloration:

(i) Not more than two-thirds of the surface, in the aggregate, may be affected by discoloration. (See §51.638.)

(2) Fairly firm;

(3) Mature;

(4) Similar varietal characteristics;

(5) May be slightly colored;

(6) Not more than slightly misshapen; and,

(7) Not more than slightly rough texture.

(b) Free from:

(1) Bruises;

(2) Cuts not healed;

(3) Growth cracks;

(4) Decay; and,

(5) Wormy fruit.

(c) Not seriously damaged by any other cause.

(d) For tolerances see §51.628.

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§51.626   U.S. No. 2 Russet.

The requirements for this grade are the same as for U.S. No. 2 except that not less than the number of fruits required in §51.628, Tables I and II, shall have more than two-thirds of their surface, in the aggregate, affected by discoloration.

(a) For tolerances see §51.628.

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§51.627   U.S. No. 3.

“U.S. No. 3” consists of grapefruit which meet the following requirements:

(a) Basic requirements:

(1) Mature;

(2) Similar varietal characteristics;

(3) May be misshapen;

(4) May be slightly spongy;

(5) May have rough texture;

(6) Not seriously lumpy or cracked; and,

(7) May be poorly colored.

(i) Not more than 25 percent of the surface may be of a solid dark green color.

(b) Free from:

(1) Cuts not healed;

(2) Decay; and,

(3) Wormy fruit.

(c) Not very seriously damaged by any other cause.

(d) For tolerances see §51.628.

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Tolerances

§51.628   Tolerances.

In order to allow for variations incident to proper grading and handling in each of the foregoing grades, based on sample inspection, the number of defective or off-size specimens in the individual sample, and the number of defective or off-size specimens in the lot, shall be within the limitations specified in Tables I and II. No tolerance shall apply to wormy fruit.

Table I—Shipping Point1

(A) For 1 through 20 Samples

FactorGradesAL2Number of 33-count samples3
1234567891011121314151617181920
   Acceptance numbers (maximum permitted)4
DecayU.S. Fancy.
   U.S. No. 1.100015122225222333533444
   U.S. Combination.
   U.S. No. 2.
   U.S. No. 3.10151122223333344454555555
Very seriousU.S. Fancy.
   damageU.S. No. 1.4357810111314161718202123242527283032
   includingU.S. Combination.
   decay.U.S. No. 2.
Total defectsU.S. Fancy.
   includingU.S. No. 1.559121619222528313437404446495255586164
   decay andU.S. No. 2.
   very seriousU.S. No. 3.
   damage.
   U.S. Combination (U.S. No. 2's permitted).21183347627690104119133147161174188202216230244257271285
Off-size759121619222528313437404446495255586164
Discoloration.U.S. No. 1.
   U.S. No. 1 Bright.759121619222528313437404446495255586164
   U.S. No. 2.
   U.S. Combination.
   Acceptance numbers (minimum required)4
   U.S. No. 1 Bronze.02481114182125283236394347505357616468
   U.S. No. 2 Russet.

Table I—Shipping Point1 (Continued)

(B) For 21 through 40 Samples

FactorGradesAL2Number of 33-count samples3
2122232425262728293031323334353637383940
   Acceptance numbers (maximum permitted)4
DecayU.S. Fancy.
   U.S. No. 1.144544455555355566666366
   U.S. Combination.
   U.S. No. 2.
   U.S. No. 3.156665667775778888589999
Very seriousU.S. Fancy.
   damageU.S. No. 1.43234353638394042434445474849515253545657
   includingU.S. Combination.
   decay.U.S. No. 2.
Total defectsU.S. Fancy.
   includingU.S. No. 1.5677073767982848790939699102105107110113116119122
   decay andU.S. No. 2.
   very seriousU.S. No. 3.
   damage.
   U.S. Combination (U.S. No. 2's permitted).21298312326339353367380394408421435449462476489503517530544557
Off-size7677073767982848790939699102105107110113116119122
DiscolorationU.S. No. 1.
   U.S. No. 1 Bright.7677073767982848790939699102105107110113116119122
   U.S. No. 2.
   U.S. Combination.
   Acceptance numbers (minimum required)4
   U.S. No. 1 Bronze.07276808488929699103107110114118122126130134137141145
   U.S. No. 2 Russet.

1Shipping point, as used in these standards, means the point of origin of the shipment in the production area or at port of loading for ship stores or overseas shipments, or in the case of shipments from outside the continental United States, the port of entry into the United States.

2AL—Absolute limit permitted in individual 33-count sample.

3Same size 33-count.

4Acceptance number—maximum or minimum number of defective or off-size fruit permitted.

5Preferred number of samples for this acceptance number.

Table II—En Route or at Destination

FactorGradesAL1Number of 33-count samples2
1234567891011121314151617181920
   Acceptance numbers (maximum permitted)3
DecayAll.32345678910111213413141516171841819
Very SeriousU.S. Fancy.
   damageU.S. No. 1.4357810111314161718202123242527283031
   other thanU.S. No. 2.
   decay.U.S. Combination.
Total defectsU.S. Fancy.
   includingU.S. No. 1.559121619222528313437404446495255586164
   very seriousU.S. No. 2.
   damage.U.S. No. 3.
   other than decay.
   U.S. Combination (U.S. No. 2's permitted).2118334762769010411913314716117418820221623024425727128
Off-size759121619222528313437404446495255586164
DiscolorationU.S. No. 1.
   U.S. No. 1 Bright.759121619222528313437404446495255586164
   U.S. No. 2.
   U.S. Combination.
   Acceptance numbers (minimum required)3
U.S. No. 1 Bronze.02481114182125283236394347505357616468
   U.S. No. 2 Russet.

1Absolute limit permitted in individual 33-count sample

2Sample size—33-count

3Acceptance number—maximum or minimum number of defective or off-size fruit permitted

4Preferred number of samples for this acceptance number

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Sample for Grade or Size Determination

§51.629   Sample for grade or size determination.

Each sample shall consist of 33 grapefruit. When individual packages contain at least 33 grapefruit, the sample is drawn from one package; when individual packages contain less than 33 grapefruit, a sufficient number of adjoining packages are opened to form a 33-count sample. When practicable, at point of packaging, the sample may be obtained from the grading belt or bins after sorting has been completed.

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Standard Pack

§51.630   Standard Pack.

(a) Fruits shall be fairly uniform in size, unless specified as uniform in size. When packed in approved containers, fruit shall be arranged according to the approved and recognized methods.

(b) “Fairly uniform in size” means that not more than the number of fruit permitted in §51.628, Tables I and II, are outside the ranges of diameters given in Table III.

Table III— 710 Bushel Carton

Pack size/number of grapefruit Diameter in inches
Minimum Maximum
1841516 5916
234516 5
274216 41216
3231516 4816
3631316 4516
4031016 4216
483916 31416
563516 31016

(c) “Uniform in size” means that not more than the number of fruit permitted in §51.628, Tables I and II, vary more than the following amounts:

(1) 32 size and smaller—not more than six-sixteenths inch in diameter; and

(2) 27 size and larger—not more than nine-sixteenths inch in diameter.

(d) In order to allow for variations, other than sizing, incident to proper packing, not more than 5 percent of the packages in any lot may fail to meet the requirements of standard pack.

[66 FR 48788, Sept. 24, 2001]

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Definitions

§51.631   Mature.

Mature shall have the same meaning currently assigned that term in the laws and regulations of the State in which the grapefruit is grown; or as the definition of such term may hereafter be amended.

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§51.632   Similar varietal characteristics.

Similar varietal characteristics means that the fruits in any container are similar in color and shape.

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§51.633   Well colored.

Well colored means that the fruit is yellow in color with practically no trace of green color.

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§51.634   Firm.

Firm means that the fruit is not soft, or noticeably wilted or flabby, and the skin is not spongy or puffy.

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§51.635   Well formed.

Well formed means that the fruit has the shape characteristic of the variety.

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§51.636   Smooth texture.

Smooth texture means that the skin is thin and smooth for the variety and size of the fruit.

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§51.637   Injury.

Injury means any specific defect described in §51.652, Table IV; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which slightly detracts from the appearance, or the edible or marketing quality of the fruit.

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§51.638   Discoloration.

Discoloration means russeting of light shade of golden brown caused by rust mite or other means. Lighter shades of discoloration caused by smooth or fairly smooth, superficial scars or other means may be allowed on a greater area, or darker shades may be allowed on a lesser area, provided no discoloration caused by speck type melanose or other means may detract from the appearance of the fruit to a greater extent than the shade and amount of discoloration allowed in the grade.

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§51.639   Fairly well colored.

Fairly well colored means that except for a 1-inch circle in the aggregate of green color, the yellow color predominates over the green color on that part of the fruit which is not discolored.

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§51.640   Fairly well formed.

Fairly well formed means that the fruit may not have the shape characteristic of the variety but is not elongated or pointed or otherwise deformed.

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§51.641   Fairly smooth texture.

Fairly smooth texture means that the skin is not materially rough or coarse and that the skin is not thick for the variety.

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§51.642   Damage.

Damage means any specific defect described in §51.652, Table IV; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materially detracts from the appearance, or the edible or marketing quality of the fruit.

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§51.643   Fairly firm.

Fairly firm means that the fruit may be slightly soft, but not bruised, and the skin is not spongy or puffy.

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§51.644   Slightly misshapen.

Slightly misshapen means that the fruit is not of the shape characteristic of the variety but is not appreciably elongated or pointed or otherwise deformed.

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§51.645   Slightly rough texture.

Slightly rough texture means that the skin is not smooth or fairly smooth but is not excessively rough or excessively thick, or materially ridged, grooved or wrinkled.

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§51.646   Serious damage.

Serious damage means any specific defect described in §51.652, Table IV; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which seriously detracts from the appearance, or the edible or marketing quality of the fruit.

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§51.647   Slightly colored.

Slightly colored means that, except for a 2-inch circle in the aggregate of green color, the portion of the fruit surface which is not discolored shows some yellow color.

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§51.648   Misshapen.

Misshapen means that the fruit is decidedly elongated, pointed or flat sided.

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§51.649   Slightly spongy.

Slightly spongy means that the fruit is puffy or slightly wilted but not flabby.

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§51.650   Very serious damage.

Very serious damage means any specific defect described in §51.652, Table IV; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which very seriously detracts from the appearance, or the edible or marketing quality of the fruit.

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§51.651   Diameter.

Diameter means the greatest dimension measured at right angles to a line from stem to blossom end.

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§51.652   Classification of defects.

Table IV

FactorInjuryDamageSerious damageVery serious damage
AmmoniationNot occurring as light speck typeScars are cracked or dark and aggregating more than a circle 34 inch in diameter on a 70 size grapefruitAggregating more than 25 percent of the surface.
BuckskinAggregating more than a circle 114 inches in diameter on a 70 size grapefruitAggregating more than 25 percent of the surfaceAggregating more than 50 percent of the surface.
Caked melaneseAggregating more than a circle 1 inch in diameter on a 70 size grapefruitAggregating more than 25 percent of the surface.
Dryness or mushy conditionAffecting all segments more than 14 inch at stem end, or the equivalent of this amount, by volume, when occurring in other portions of the fruitAffecting all segments more than 12 inch at stem end, or the equivalent of this amount, by volume, when occurring in other portions of the fruitAffecting all segments more than 34 inch at stem end, or the equivalent of this amount, by volume, when occurring in other portions of the fruit.
Green spots or oil spotsMore than slightly affecting appearanceAggregating more than a circle 1 inch in diameter on a 70 size grapefruitAggregating more than a circle 112 inches in diameter on a 70 size grapefruit
HailNot well healed, or aggregating more than a circle 23 inch in diameter on a 70 size grapefruitNot well healed, or aggregating more than a circle 12 inch in diameter on a 70 size grapefruitNot well healed, or aggregating more than a circle 58 inch in diameter on a 70 size grapefruitNot well healed, or aggregating more than a circle 1 inch in diameter on a 70 size grapefruit.
ScabMaterially detracts from the shape or texture, or aggregating more than a circle 34 inch in diameter on a 70 size grapefruitSeriously detracts from the shape or texture, or aggregating more than a circle 1 inch in diameter on a 70 size grapefruitAggregating more than 25 percent of the surface.
ScaleMore than a few adjacent to the “button” at the stem end, or more than 6 scattered on other portions of the fruitBlotch aggregating more than a circle 34 inch in diameter, or occurring as a ring more than a circle 114 inches in diameter on a 70 size grapefruitBlotch aggregating more than a circle 1 inch in diameter, or occurring as a ring more than a circle 112 inches in diameter on a 70 size grapefruitAggregating more than 25 percent of the surface.
Skin breakdownAggregating more than a circle 38 inch in diameter on a 70 size grapefruitAggregating more than a circle 58 inch in diameter on a 70 size grapefruitAggregating more than a circle 114 inches in diameter on a 70 size grapefruit.
ScarsDepressed, not smooth, or detracts from appearance more than the amount of discoloration permitted in the grade.Very deep or very rough aggregating more than a circle 12 inch in diameter; deep or rough aggregating more than 1 inch in diameter; slightly rough or of slight depth aggregating more than 10 percent of fruit surface. All areas based on a 70 size grapefruitVery deep or very rough aggregating more than a circle 1 inch in diameter; deep or rough aggregating more than 5 percent of fruit surface; slight depth or slightly rough aggregating more than 15 percent of fruit surface. All areas based on a 70 size grapefruitVery deep or very rough or unsightly that appearance is very seriously affected.
SprayburnHard or aggregating more than a circle 114 inches in diameter on a 70 size grapefruitAggregating more than 25 percent of the surface
SunburnSkin is flattened, dry, darkened, or hard, aggregating more than 25 percent of fruit surfaceSkin is hard, fruit is decidedly one-sided, aggregating more than one-third of fruit surfaceAggregating more than 50 percent of fruit surface
SproutingMore than 6 seeds are sprouted, including not more than 1 sprout extending to the rind, remainder average not over 14 inch in lengthMore than 6 seeds are sprouted, including not more than 2 sprouts extending to the rind, remainder average not over 12 inch in lengthMore than 6 seeds are sprouted, including not more than 3 sprouts extending to the rind, remainder average not over 34 inch in length
Thorn scratchesNot well healed, or more unsightly than discoloration permitted in the gradeNot well healed, hard concentrated thorn injury aggregating more than a circle 34 inch in diameter, or slight scratches aggregating more than a circle 1 inch in diameter. All areas based on a 70 size grapefruit.Not well healed, hard concentrated thorn injury aggregating more than a circle 78 inch in diameter, or slight scratches aggregating more than a circle 114 inches in diameter. All areas based on a 70 size grapefruitAggregating more than 25 percent of the surface.

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Metric Conversion Table

§51.653   Metric conversion table.

InchesMillimeters (mm)
14 equals6.4
38 equals9.5
12 equals12.7
916 equals14.3
58 equals15.9
34 equals19.1
78 equals22.2
1 equals25.4
114 equals31.8
112 equals38.1
3 equals76.2
3216 equals79.4
3616 equals85.7
3816 equals88.9
31016 equals92.1
31316 equals96.8
31416 equals98.4
31516 equals100.0
4216 equals104.8
4516 equals109.5
4816 equals114.3
41216 equals120.7
5 equals127.0

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Subpart—United States Standards for Grades of Oranges (Texas and States Other Than Florida, California, and Arizona)

Source: 34 FR 13909, Aug. 30, 1969; 34 FR 14325, Sept. 12, 1969, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981.

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General

§51.680   General.

The standards in this subpart apply only to the common or sweet orange group and varieties belonging to the Mandarin group except tangerines for which separate U.S. Standards are issued.

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Grades

§51.681   U.S. Fancy.

“U.S. Fancy” consists of oranges which meet the following requirements:

(a) Basic requirements:

(1) Discoloration:

(i) Not more than one-tenth of the surface, in the aggregate, may be affected by discoloration. (See §51.700.)

(2) Firm;

(3) Mature;

(4) Similar varietal characteristics;

(5) Well colored;

(6) Well formed; and,

(7) Smooth texture.

(b) Free from:

(1) Ammoniation;

(2) Bruises;

(3) Buckskin;

(4) Caked melanose;

(5) Creasing;

(6) Cuts not healed;

(7) Decay;

(8) Growth cracks;

(9) Scab;

(10) Skin breakdown;

(11) Sprayburn;

(12) Undeveloped segments; and,

(13) Wormy fruit.

(c) Not injured by:

(1) Green spots;

(2) Oil spots;

(3) Split navels;

(4) Rough, wide or protruding navels;

(5) Scale;

(6) Scars; and,

(7) Thorn scratches.

(d) Not damaged by any other cause.

(e) For tolerances see §51.689.

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§51.682   U.S. No. 1.

“U.S. No. 1” consists of oranges which meet the following requirements:

(a) Basic requirements:

(1) Discoloration:

(i) Not more than one-third of the surface, in the aggregate, may be affected by discoloration. (See §51.700.)

(2) Firm;

(3) Mature;

(4) Similar varietal characteristics;

(5) Well formed;

(6) Fairly smooth texture; and,

(7) Color:

(i) Early and midseason varieties shall be fairly well colored.

(ii) For Valencia and other late varieties, not less than 50 percent, by count, shall be fairly well colored and the remainder reasonably well colored.

(b) Free from:

(1) Bruises;

(2) Cuts not healed;

(3) Caked melanose;

(4) Decay;

(5) Growth cracks;

(6) Sprayburn;

(7) Undeveloped segments; and,

(8) Wormy fruit.

(c) Not damaged by any other cause.

(d) For tolerances see §51.689.

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§51.683   U.S. No. 1 Bright.

The requirements for this grade are the same as for U.S. No. 1 except that no fruit may have more than one-tenth of its surface, in the aggregate, affected by discoloration.

(a) For tolerances see §51.689.

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§51.684   U.S. No. 1 Bronze.

The requirements for this grade are the same as for U.S. No 1 except that all fruit must show some discoloration. Not less than the number of fruits required in §51.689, Tables I and II, shall have more than one-third of their surface, in the aggregate, affected by discoloration. The predominating discoloration on these fruits shall be of rust mite type.

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§51.685   U.S. Combination.

“U.S. Combination” consists of a combination of U.S. No. 1 and U.S. No. 2 oranges: Provided, That the number of U.S. No. 2 fruits specified in §51.689, Tables I and II, are not exceeded.

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§51.686   U.S. No. 2.

“U.S. No. 2” consists of oranges which meet the following requirements:

(a) Basic requirements:

(1) Discoloration:

(i) Not more than one-half of the surface, in the aggregate, may be affected by discoloration. (See §51.700.)

(2) Fairly firm;

(3) Mature;

(4) Similar varietal characteristics;

(5) Reasonably well colored;

(6) Not more than slightly misshapen, and,

(7) Not more than slightly rough.

(b) Free from:

(1) Bruises;

(2) Cuts not healed;

(3) Decay;

(4) Growth cracks; and,

(5) Wormy fruit.

(c) Not seriously damaged by any other cause.

(d) For tolerances see §51.689.

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§51.687   U.S. No. 2 Russet.

The requirements for this grade are the same as for U.S. No. 2 except that not less than the number of fruits required in §51.689, Tables I and II, shall have more than one-half of their surface, in the aggregate, affected by discoloration.

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§51.688   U.S. No. 3.

“U.S. No. 3” consists of oranges which meet the following requirements:

(a) Basic requirements:

(1) Mature;

(2) Similar varietal characteristics;

(3) May be misshapen;

(4) May be slightly spongy;

(5) May have rough texture;

(6) Not seriously lumpy or cracked; and,

(7) May be poorly colored.

(i) Not more than 25 percent of the surface may be of a solid dark green color.

(b) Free from:

(1) Cuts not healed;

(2) Decay; and,

(3) Wormy fruit.

(c) Not very seriously damaged by any other cause.

(d) For tolerances see §51.689.

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Tolerances

§51.689   Tolerances.

In order to allow for variations incident to proper grading and handling in each of the foregoing grades, based on sample inspection, the number of defective or off-size specimens in the lot, shall be within the limitations specified in Tables I and II. No tolerance shall apply to wormy fruit.

Table I—Shipping Point1

(A) For 1 through 20 Samples

FactorGradesAL2Number of 50-count samples3
1234567891011121314151617181920
   Acceptance number (maximum permitted)4
DecayU.S. Fancy.
   U.S. No. 1.1015112522333533445445555
   U.S. No. 2.
   U.S. Combination.
   U.S. No. 3.20125225334454555566566777
Very seriousU.S. Fancy.
   damageU.S. No. 1.64691114161820222426283033353739414345
   includingU.S. No. 2.
   decay.U.S. Combination.
Total defectsU.S. Fancy.
   includingU.S. No. 1.8712172227323641455054596368727681859094
   decay andU.S. No. 2.
   very seriousU.S. No. 3.
   damage.
   U.S. Combination (U.S. No. 2's permitted).2926487091112134155176197218239260281301322343364384405425
Off-size10712172227323641455054596368727681859094
DiscolorationU.S. No. 1.
   U.S. No. 1 Bright.10712172227323641455054596368727681859094
   U.S. No. 2.
   U.S. Combination.
   Acceptance number (minimum required)4
   U.S. No. 1 Bronze.13812182329344045515662687479859197102108
   U.S. No. 2 Russet.                                                            

Table I—Shipping Point1—Continued

(B) For 21 through 40 Samples

FactorGradesAL2Number of 50-count samples3
2122232425262728293031323334353637383940
   Acceptance numbers (maximum permitted)4
DecayU.S. Fancy.
   U.S. No. 1.1556666566777757788858899
   U.S. No. 2.
   U.S. Combination.
   U.S. No. 3.28858899599101051011115111112125121213
Very seriousU.S. Fancy.
damageU.S. No. 1.64749515354565860626466687072747678808183
includingU.S. No. 2.
decay.U.S. Combination.
Total defectsU.S. Fancy.
includingU.S. No. 1.898103107111116120124129133137141146150154159163167171176180
decay andU.S. No. 2.
very seriousU.S. No. 3.
damage.
   U.S. Combination (U.S. No. 2's permitted).29446467487508529549570590611631652672693713734754775795816836
Off-size1098103107111116120124129133137141146150154159163167171176180
DiscolorationU.S. No. 1.
   U.S. No. 1 Bright.1098103107111116120124129133137141146150154159163167171176180
   U.S. No. 2.
   U.S. Combination.
   Acceptance number (minimum required)4
   U.S. No. 1 Bronze.1114119125131137143149155161166172178184190196202208214220226
   U.S. No. 2 Russet.

1Shipping point, as used in these standards, means the point of origin of the shipment in the production area or at port of loading for ship stores or overseas shipments, or in the case of shipments from outside the continental United States, the port of entry into the United States.

2AL—Absolute limit permitted in individual 33-count sample.

3Sample size—33-count.

4Acceptance number—maximum or minimum number of defective or off-size fruit permitted.

5Preferred number of samples for this acceptance number.

Table II—En Route or at Destination

FactorGradesAL1Number of 50-count samples2
1234567891011121314151617181920
   Acceptance numbers (maximum permitted)
DecayAll.434679101113141516181920212324252627
Very seriousU.S. Fancy.
damageU.S. No. 1.64691114161820222426283033353739414345
other thanU.S. No. 2.
decay.U.S Combination.
Total defectsU.S. Fancy.
includingU.S. No. 1.8712172227323641455054596368727681859094
very seriousU.S. No. 2.
damageU.S. No. 3.
   other than decay.
   U.S. Combination (U.S. No. 2's permitted).2926487091112134155176197218239260281301322343364384405425
Off-size10712172227323641455054596368727681859094
DiscolorationU.S. No. 1.
   U.S. No. 1 Bright.10712172227323641455054596368727681859094
   U.S. No. 2.
   U.S. Combination.
   Acceptance number (minimum required)3
   U.S. No. 1 Bronze.13812182329344045515662687479859197102108
   U.S. No. 2 Russet.

1AL—Absolute limit permitted in individual 50-count sample.

2Sample size-50-count.

3Acceptance number—maximum or minimum number of defective or off-size fruit permitted.

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Sample for Grade or Size Determination

§51.690   Sample for grade or size determination.

Each sample shall consist of 50 oranges. When individual packages contain at least 50 oranges, the sample is drawn from one package; when individual packages contain less than 50 oranges, a sufficient number of adjoining packages are opened to form a 50-count sample. When practicable, at point of packaging, the sample may be obtained from the grading belt or bins after sorting has been completed.

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Standard Pack

§51.691   Standard pack for oranges except Temple variety.

(a) Fruit shall be fairly uniform in size. When packed in approved containers, fruit shall be arranged according to the approved and recognized methods.

(b) “Fairly uniform in size” means that not more than the number of fruit permitted in §51.689, Tables I and II, are outside the ranges of diameters given in Table III:

Table III— 710 Bushel Carton

Pack size/number of oranges Diameter in inches
Minimum Maximum
2431216 5116
323616 4916
363416 4616
403216 4416
4821516 4
5621316 31316
6421116 31016
722916 3816
882816 3416
1132716 3
1382616 21216

(c) In order to allow for variations, other than sizing, incident to proper packing, not more than 5 percent of the packages in any lot may fail to meet the requirements of standard pack.

[66 FR 48788, Sept. 24, 2001]

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Standard Sizing

§51.692   Standard sizing.

(a) Boxes, cartons, bag packs, or bulk loads in which oranges are not packed according to a definite pattern do not meet the requirements of standard pack, but may be certified as meeting the requirements of standard sizing: Provided, that the ranges are fairly uniform in size as defined in §51.691.

(b) In order to allow for variations incident to proper packing, not more than 5 percent of the containers in any lot may fail to meet the requirements of standard sizing.

[34 FR 13909, Aug. 30, 1969; 34 FR 14325, Sept. 12, 1969. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 66 FR 48788, Sept. 24, 2001]

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Definitions

§51.693   Mature.

Mature shall have the same meaning currently assigned that term in the laws and regulations of the State in which the orange is grown; or as the definition of such term may hereafter be amended.

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§51.694   Similar varietal characteristics.

Similar varietal characteristics means that the fruits in any container are similar in color and shape.

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§51.695   Well colored.

Well colored means that the fruit is yellow or orange in color with practically no trace of green color.

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§51.696   Firm.

Firm as applied to common oranges, means that the fruit is not soft, or noticeably wilted or flabby; as applied to oranges of the Mandarin group (Satsuma, King, Mandarin), means that the fruit is not extremely puffy, although the skin may be slightly loose.

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§51.697   Well formed.

Well formed means that the fruit has the shape characteristic of the variety.

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§51.698   Smooth texture.

Smooth texture means that the skin is thin and smooth for the variety and size of the fruit.

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§51.699   Injury.

Injury means any specific defect described in §51.713, Table IV; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which slightly detracts from the appearance, or the edible or marketing quality of the fruit.

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§51.700   Discoloration.

Discoloration means russeting of light shade of golden brown caused by rust mite or other means. Lighter shades of discoloration caused by smooth or fairly smooth, superficial scars or other means may be allowed on a greater area, or darker shades may be allowed on a lesser area, provided no discoloration caused by melanose or other means may affect the appearance of the fruit to a greater extent than the shade and amount of discoloration allowed for the grade.

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§51.701   Fairly smooth texture.

Fairly smooth texture means that the skin is not materially rough or coarse and that the skin is not thick for the variety.

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§51.702   Damage.

Damage means any specific defect described in §51.713, Table IV; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materially detracts from the appearance, or the edible or marketing quality of the fruit.

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§51.703   Fairly well colored.

Fairly well colored means that except for a one inch circle in the aggregate of green color, the yellow or orange color predominates over the green color on that part of the fruit which is not discolored.

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§51.704   Reasonably well colored.

Reasonably well colored means that the yellow or orange color predominates over the green color on at least two-thirds of the fruit surface in the aggregate which is not discolored.

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§51.705   Fairly firm.

Fairly firm as applied to common oranges, means that the fruit may be slightly soft, but not bruised; as applied to oranges of the Mandarin group (Satsuma, King, Mandarin) means that the fruit is not extremely puffy or the skin extremely loose.

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§51.706   Slightly misshapen.

Slightly misshapen means that the fruit is not of the shape characteristic of the variety but is not appreciably elongated or pointed or otherwise deformed.

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§51.707   Slightly rough texture.

Slightly rough texture means that the skin is not smooth or fairly smooth but is not excessively rough or excessively thick, or materially ridged, grooved or wrinkled.

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§51.708   Serious damage.

Serious damage means any specific defect described in §51.713, Table IV; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which seriously detracts from the appearance, or the edible or marketing quality of the fruit.

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§51.709   Misshapen.

Misshapen means that the fruit is decidedly elongated, pointed or flatsided.

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§51.710   Slightly spongy.

Slightly spongy means that the fruit is puffy or slightly wilted but not flabby.

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§51.711   Very serious damage.

Very serious damage means any specific defect described in §51.713, Table IV; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which very seriously detracts from the appearance, or the edible or marketing quality of the fruit.

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§51.712   Diameter.

Diameter means the greatest dimension measured at right angles to a line from stem to blossom end of the fruit.

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§51.713   Classification of defects.

Table IV

FactorInjuryDamageSerious damageVery serious damage
AmmoniationNot occurring as light speck typeScars are cracked or dark and aggregating more than a circle 34 inch in diameter or light colored and aggregating more than a circle 114 inches in diameter on a 200 size orangeAggregating more than 25 percent of the surface.
BuckskinAggregating more than a circle 1 inch in diameter on a 200 size orange.Aggregating more than 25 percent of the surfaceAggregating more than 50 percent of the surface.
Caked melanoseAggregating more than a circle 34 inch in diameter on a 200 size orangeAggregating more than 25 percent of the surface.
CreasingMaterially weakens the skin, or extends over more than one-third of the surfaceSeriously weakens the skin, or extends over more than one-half of the surfaceVery seriously weakens the skin, or is distributed over practically the entire surface.
Dryness or mushy conditionAffecting all segments more than 14 inch at stem end, or the equivalent of this amount, by volume, when occurring in other portions of the fruitAffecting all segments more than 12 inch at stem end, or the equivalent of this amount, by volume, when occurring in other portions of the fruitAffecting all segments more than 34 inch at stem end, or the equivalent of this amount, by volume, when occurring in other portions of the fruit.
Green spots or oil spotsMore than slightly affecting appearanceAggregating more than a circle 78 inch in diameter on a 200 size orangeAggregating more than a circle 114 inches in diameter on a 200 size orange
HailNot well healed, or aggregating more than a circle 14 inch in diameter on a 200 size orangeNot well healed, or aggregating more than a circle 38 inch in diameter on a 200 size orangeNot well healed, or aggregating more than a circle 12 inch in diameter on a 200 size orangeNot well healed, or aggregating more than a circle 34 inch in diameter on a 200 size orange.
ScabMaterially detracts from the shape or texture, or aggregating more than a circle 58 inch in diameter on a 200 size orangeSeriously detracts from the shape or texture, or aggregating more than a circle 34 inch in diameter on a 200 orangeAggregating more than 25 percent of the surface.
ScaleMore than a few adjacent to the “button” at the stem end, or more than 6 scattered on other portions of the fruitAggregating more than a circle 58 inch in diameter on a 200 size orangeAggregating more than a circle 34 inch in diameter on a 200 size orangeAggregating more than 25 percent of the surface.
ScarsDepressed, not smooth, or detracts from appearance more than the amount of discoloration permitted in the gradeDeep, rough or hard aggregating more than a circle 14 inch in diameter; slightly rough with slight depth aggregating more than a circle 78 inch in diameter; smooth or fairly smooth with slight depth aggregation more than a circle 114 inches in diameter. All areas based on a 200 size orangeDeep, rough aggregating more than a circle 12 inch in diameter; slightly rough with slight depth aggregating more than a circle 114 inches in diameter. All areas based on a 200 size orangeDeep, rough or unsightly that appearance is very seriously affected.
Skin breakdownAggregating more than a circle 14 inch in diameter on a 200 size orangeAggregating more than a circle 58 inch in diameter on a 200 size orangeAggregating more than 25 percent of the surface.
SunburnSkin is flattened, dry, darkened or hard, aggregating more than 25 percent of the surfaceAffecting more than 13 of the surface, hard, decidedly one-sided, or light brown and aggregating more than a circle 114 inches in diameter on a 200 size orangeAggregating more than 50 percent of the surface.
SprayburnHard, or aggregating more than a circle 114 inches in diameter on a 200 size orangeAggregating more than 25 percent of the surface.
Split, rough or protruding navelsSplit is unhealed; navel protrudes beyond general contour; opening is so wide, growth so folded and ridged that it detracts noticeably from appearanceSplit is unhealed, or more than 14 inch in length, or more than 3 well healed splits, or navel protrudes beyond the general contour, and opening is so wide, folded or ridged that it detracts materially from appearanceSplit is unhealed, or more than 12 inch in length, or aggregate length of all splits exceed 1 inch, or navel protrudes beyond general contour, and opening is so wide, folded and ridged that it seriously detracts from appearanceSplit is unhealed or fruit is seriously weakened.
Thorn scratchesNot slight, not well healed, or more unsightly than discoloration permitted in the gradeNot well healed, or hard concentrated thorn injury aggregating more than a circle 58 inch in diameter on a 200 size orangeNot well healed, or hard concentrated thorn injury aggregating more than a circle 34 inch in diameter on a 200 size orangeAggregating more than 5 percent of the surface.

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Metric Conversion Table

§51.714   Metric conversion table.

InchesMillimeters (mm)
14 equals6.4
516 equals7.9
38 equals9.5
12 equals12.7
58 equals15.9
34 equals19.1
78 equals22.2
1 equals25.4
114 equals31.8
2316 equals55.6
2416 equals57.2
2716 equals61.9
2816 equals63.5
2916 equals65.1
21116 equals68.3
21216 equals69.9
21516 equals74.6
3116 equals77.8
3316 equals81.0
3516 equals84.1
3716 equals87.3
3916 equals90.5
31316 equals96.8

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Subpart—United States Standards for Grades of Florida Grapefruit

Source: 61 FR 20703, May 8, 1996, unless otherwise noted.

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Grades

§51.750   U.S. Fancy.

“U.S. Fancy” consists of grapefruit which meet the following requirements:

(a) Basic requirements:

(1) Discoloration: Not more than one-tenth of the surface, in the aggregate, may be affected by discoloration. (See §51.770.);

(2) Firm;

(3) Mature;

(4) Similar varietal characteristics;

(5) Smooth texture;

(6) Well colored; and,

(7) Well formed.

(b) Free from:

(1) Ammoniation;

(2) Buckskin;

(3) Caked melanose;

(4) Decay;

(5) Scab;

(6) Sprayburn;

(7) Unhealed skin breaks; and,

(8) Wormy fruit.

(c) Free from injury caused by:

(1) Bruises;

(2) Green spots;

(3) Oil spots;

(4) Scale;

(5) Scars;

(6) Skin breakdown; and,

(7) Thorn scratches.

(d) Free from damage caused by:

(1) Dirt or other foreign material;

(2) Disease;

(3) Dryness or mushy condition;

(4) Hail;

(5) Insects;

(6) Sprouting;

(7) Sunburn; and,

(8) Other means.

(e) For tolerances see §51.760.

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§51.751   U.S. No. 1 Bright.

The requirements for this grade are the same as for U.S. No. 1 except that fruit shall have not more than one-fifth of its surface, in the aggregate, affected by discoloration. For tolerances see §51.760.

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§51.752   U.S. No. 1.

“U.S. No. 1” consists of grapefruit which meet the following requirements:

(a) Basic requirements:

(1) Discoloration: Not more than one-third of the surface, in the aggregate, may be affected by discoloration. (See §51.770.);

(2) Fairly smooth texture;

(3) Fairly well colored;

(4) Firm;

(5) Mature;

(6) Similar varietal characteristics; and,

(7) Well formed.

(b) Free from:

(1) Decay;

(2) Unhealed skin breaks; and,

(3) Wormy fruit.

(c) Free from damage caused by:

(1) Ammoniation;

(2) Bruises;

(3) Buckskin;

(4) Caked melanose;

(5) Dirt or other foreign material;

(6) Disease;

(7) Dryness or mushy condition;

(8) Green spots;

(9) Hail;

(10) Insects;

(11) Oil spots;

(12) Scab;

(13) Scale;

(14) Scars;

(15) Skin breakdown;

(16) Sprayburn;

(17) Sprouting;

(18) Sunburn;

(19) Thorn scratches; and,

(20) Other means.

(d) For tolerances see §51.760.

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§51.753   U.S. No. 1 Golden.

The requirements for this grade are the same as for U.S. No. 1 except that not more than 30 percent, by count, of the fruit shall have more than one-third of their surface, in the aggregate, affected by discoloration. For tolerances see §51.760.

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§51.754   U.S. No. 1 Bronze.

The requirements for this grade are the same as for U.S. No. 1 except that at least 30 percent, by count, of the fruit shall have more than one-third of their surface, in the aggregate, affected by discoloration. The predominating discoloration on each of these fruits shall be of rust mite type. For tolerances see §51.760.

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§51.755   U.S. No. 1 Russet.

The requirements for this grade are the same as for U.S. No. 1 except that at least 30 percent, by count, of the fruit shall have more than one-third of their surface, in the aggregate, affected by any type of discoloration. For tolerances see §51.760.

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§51.756   U.S. No. 2 Bright.

The requirements for this grade are the same as for U.S. No. 2 except that fruit shall have not more than one-fifth of its surface, in the aggregate, affected by discoloration. For tolerances see §51.760.

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§51.757   U.S. No. 2.

“U.S. No. 2” consists of grapefruit which meet the following requirements:

(a) Basic requirements:

(1) Discoloration: Not more than one-half of the surface, in the aggregate, may be affected by discoloration. (See §51.770.);

(2) Fairly firm;

(3) Mature;

(4) Similar varietal characteristics;

(5) Slightly colored;

(6) Not more than slightly misshapen; and,

(7) Not more than slightly rough texture.

(b) Free from:

(1) Decay;

(2) Unhealed skin breaks; and,

(3) Wormy fruit.

(c) Free from serious damage caused by:

(1) Ammoniation;

(2) Bruises;

(3) Buckskin;

(4) Caked melanose;

(5) Dirt or other foreign material;

(6) Disease;

(7) Dryness or mushy condition;

(8) Green spots;

(9) Hail;

(10) Insects;

(11) Oil spots;

(12) Scab;

(13) Scale;

(14) Scars;

(15) Skin breakdown;

(16) Sprayburn;

(17) Sprouting;

(18) Sunburn;

(19) Thorn scratches; and,

(20) Other means.

(d) For tolerances see §51.760.

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§51.758   U.S. No. 2 Russet.

The requirements for this grade are the same as for U.S. No. 2 except that at least 10 percent of the fruit shall have more than one-half of their surface, in the aggregate, affected by any type of discoloration. For tolerances see §51.760.

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§51.759   U.S. No. 3.

“U.S. No. 3” consists of grapefruit which meet the following requirements:

(a) Basic requirements:

(1) Mature;

(2) Misshapen;

(3) Poorly colored;

(4) Rough texture, not seriously bumpy;

(5) Similar varietal characteristics; and,

(6) Slightly spongy.

(b) Free from:

(1) Decay;

(2) Unhealed skin breaks; and,

(3) Wormy fruit.

(c) Free from very serious damage caused by:

(1) Ammoniation;

(2) Bruises;

(3) Buckskin;

(4) Caked melanose;

(5) Disease;

(6) Dryness or mushy condition;

(7) Hail;

(8) Insects;

(9) Oil spotting;

(10) Scab;

(11) Scale;

(12) Scars;

(13) Skin breakdown;

(14) Sprayburn;

(15) Sprouting;

(16) Sunburn; and,

(17) Other means.

(d) For tolerances see §51.760.

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Tolerances

§51.760   Tolerances.

In order to allow for variations incident to proper grading and handling in each of the foregoing grades, the following tolerances, by count, based on a minimum 25 count sample, are provided as specified:

(a) Defects. (1) U.S. Fancy, U.S. No. 1 Bright, U.S. No. 1, U.S. No. 1 Golden, U.S. No. 1 Bronze, U.S. No. 1 Russet, U.S. No. 2 Bright, U.S. No. 2, and U.S. No. 2 Russet.

(i) For defects at shipping point.1 Not more than 10 percent of the fruit in any lot may fail to meet the requirements of the specified grade: Provided, that included in this amount not more than 5 percent shall be allowed for defects causing very serious damage, including in this latter amount not more than 1 percent for decay or wormy fruit.

1Shipping point, as used in these standards, means the point of origin of the shipment in the producing area or at port of loading for ship stores or overseas shipment, or, in the case of shipments from outside the continental United States, the port of entry into the United States.

(ii) For defects en route or at destination. Not more than 12 percent of the fruit which fail to meet the requirements of the specified grade: Provided, that included in this amount not more than the following percentages shall be allowed for defects listed:

(A) 10 percent for fruit having permanent defects; or,

(B) 7 percent for defects causing very serious damage, including therein not more than 5 percent for very serious damage by permanent defects and not more than 3 percent for decay or wormy fruit.

(2) U.S. No. 3.

(i) For defects at shipping point.1 Not more than 10 percent of the fruit in any lot may fail to meet the requirements of the grade: Provided, that included in this amount not more than 1 percent shall be for decay or wormy fruit.

(ii) For defects en route or at destination. Not more than 12 percent of the fruit which fail to meet the requirements of the grade: Provided, that included in this amount not more than the following percentages shall be allowed for defects listed:

(A) 10 percent for fruit having permanent defects; or,

(B) 3 percent for decay or wormy fruit.

(b) Discoloration—(1) U.S. No. 1 Bright, U.S. No. 1, U.S. No. 2 Bright, and U.S. No. 2. Not more than 10 percent of the fruit in any lot may fail to meet the requirements relating to discoloration as specified in each grade. No sample may have more than 20 percent of the fruit with excessive discoloration: And provided further, that the entire lot averages within percentage specified.

(2) U.S. No. 1 Golden. Not more than 30 percent of the fruit shall have in excess of one-third of their surface, in the aggregate, affected by discoloration, and no part of any tolerance shall be allowed to increase this percentage. No sample may have more than 40 percent of the fruit with excessive discoloration: And provided further, that the entire lot averages within the percentage specified.

(3) U.S. No. 1 Bronze, and U.S. No. 1 Russet. At least 30 percent of the fruit shall have in excess of one-third of the surface, in the aggregate, affected by discoloration, and no part of any tolerance shall be allowed to reduce this percentage. No sample may have less than 20 percent of the fruit with required discoloration: And provided further, that the entire lot averages within the percentage specified.

(4) U.S. No. 2 Russet. At least 10 percent of the fruit shall have in excess of one-half of the surface, in the aggregate, affected by discoloration, and no part of any tolerance shall be allowed to reduce this percentage: And provided further, that the entire lot averages within the percentage specified.

[61 FR 20703, May 8, 1996, as amended at 61 FR 40290, Aug. 2, 1996; 62 FR 2897, Jan. 21, 1997]

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Application of Tolerances

§51.761   Application of tolerances.

Individual samples are subject to the following limitations, unless otherwise specified in §51.760. Individual samples shall have not more than one and one-half times a specified tolerance of 10 percent or more, and not more than double a specified tolerance of less than 10 percent: Provided, that at least one decayed or wormy fruit may be permitted in any sample: And provided further, that the averages for the entire lot are within the tolerances specified for the grade.

[62 FR 2897, Jan. 21, 1997]

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Size

§51.762   Size.

(a) Fruits shall be fairly uniform in size and shall be packed in containers according to approved and recognized methods.

(b) “Fairly uniform in size” means that not more than 10 percent of the grapefruit per sample may vary more than one-half inch in diameter.

(c) In order to allow for variations incident to proper sizing, not more than 10 percent of the samples in any lot may fail to meet the requirements of size.

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Definitions

§51.763   Similar varietal characteristics.

Similar varietal characteristics means that the fruits in any container are similar in color and shape.

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§51.764   Well colored.

Well colored means that the fruit has characteristic color for the variety with practically no trace of green color.

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§51.765   Firm.

Firm means that the fruit is not soft, or noticeably wilted or flabby, and the skin is not spongy or puffy.

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§51.766   Well formed.

Well formed means that the fruit has the shape characteristic of the variety.

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§51.767   Mature.

Mature shall have the same meaning assigned the term in the Florida Citrus Code, Chapter 601, 1995 Edition, and the Official Rules Affecting the Florida Citrus Industry, in effect as of February 12, 1995. These grapefruit maturity requirements are contained in the Florida Citrus Code, Chapter 601, Florida Statutes, Sections 601.16, 601.17, and 601.18, 1995 Edition, and the State of Florida Department of Citrus Official Rules Affecting the Florida Citrus Industry, Part 1, Chapter 20-13 Market Classification, Maturity Standards and Processing or Packing Restrictions for Hybrids in effect as of February 12, 1995. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from, Florida Department of Citrus, Post Office Box 148, Lakeland, Florida 33802 or copies of both regulations may be inspected at USDA, AMS, F&VD, FPB, Standardization Section, Room 2065-S, 14th and Independence Ave., Washington, DC 20250 or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal__register/code__of__federal__regulations/ibr__locations.html.

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§51.768   Smooth texture.

Smooth texture means that the skin is thin and smooth for the variety and size of the fruit. “Thin” means that the skin thickness does not average more than 38 inch (9.5 mm), on a central cross section, on grapefruit 418 inches (104.8 mm) in diameter.

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§51.769   Injury.

Injury means any specific defect described in §51.784, Table I; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which slightly detracts from the appearance, or the edible or marketing quality of the fruit.

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§51.770   Discoloration.

Discoloration means russeting of a light shade of golden brown caused by rust mite or other means. Lighter shades of discoloration caused by smooth or fairly smooth superficial scars or other means may be allowed on a greater area, or darker shades may be allowed on a lesser area, provided no discoloration caused by speck-type melanose or other means may detract from the appearance of the fruit to a greater extent than the shade and amount of discoloration allowed in the grade.

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§51.771   Fairly well colored.

Fairly well colored means that except for an aggregate area of green color which does not exceed the area of a circle 1 inch (25.4 mm) in diameter, the characteristic color predominates over the green color.

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§51.772   Fairly smooth texture.

Fairly smooth texture means that the skin is fairly thin and not coarse for the variety and size of the fruit. “Fairly thin” means that the skin thickness does not average more than 12 inch (12.7 mm), on a grapefruit 418 inches (104.8 mm) in diameter.

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§51.773   Damage.

Damage means any specific defect described in §51.784, Table I; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materially detracts from the appearance, or the edible or marketing quality of the fruit.

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§51.774   Fairly firm.

Fairly firm means that the fruit may be slightly soft, but not bruised, and the skin is not spongy or puffy.

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§51.775   Slightly misshapen.

Slightly misshapen means that the fruit has fairly good shape characteristic of the variety and is not more than slightly elongated or pointed or otherwise deformed.

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§51.776   Slightly rough texture.

Slightly rough texture means that the skin may be slightly thick but not excessively thick, materially ridged or grooved. “Slightly thick” means that the skin thickness does not average more than 58 inch (15.9 mm), on a central cross section, on a grapefruit 418 inches (104.8 mm) in diameter.

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§51.777   Serious damage.

Serious damage means any specific defect described in §51.784, Table I; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which seriously detracts from the appearance, or the edible or marketing quality of the fruit.

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§51.778   Slightly colored.

Slightly colored means that except for an aggregate area of green color which does not exceed the area of a circle 2 inches (50.8 mm) in diameter, the fruit surface shows some characteristic color.

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§51.779   Poorly colored.

Poorly colored means that not more than 25 percent of the surface may be of a solid dark green color.

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§51.780   Misshapen.

Misshapen means that the fruit is decidedly elongated, pointed, or flatsided.

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§51.781   Slightly spongy.

Slightly spongy means that the fruit is puffy or slightly wilted but not flabby.

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§51.782   Very serious damage.

Very serious damage means any specific defect described in §51.784, Table I; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which very seriously detracts from the appearance, or the edible or marketing quality of the fruit.

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§51.783   Diameter.

Diameter means the greatest dimension measured at right angles to a line from stem to blossom end.

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§51.784   Classification of defects.

Table I

FactorInjuryDamageSerious damageVery serious damage
AmmoniationNot occurring as light speck typeScars are cracked or dark and aggregating more than a circle 1 inch (25.4 mm) in diameterAggregating more than 25 percent of the surface.
BruisesSegment walls are collapsed, or rag is ruptured and juice sacs are rupturedSegment walls are collapsed, or rag is ruptured and juice sacs are rupturedSegment walls are collapsed, or rag is ruptured and juice sacs are rupturedFruit is split open, peel is badly watersoaked, or rag is ruptured and juice sacs are ruptured causing a mushy condition affecting all segments more than 34 inch (19.1 mm) at bruised area or the equivalent of this amount, by volume, when affecting more than one area on the fruit.
BuckskinAggregating more than a circle 1- 14 inches (31.8 mm) in diameterAggregating more than 25 percent of the surfaceAggregating more than 50 percent of the surface.
Caked melanoseAggregating more than a circle 34 inch (19.1 mm) in diameterAggregating more than a circle 1 inch (25.4 mm) in diameterAggregating more than 25 percent of the surface.
Dryness or mushy conditionAffecting all segments more than 14 inch (6.4 mm) at stem end, or the equivalent of this amount, by volume, when occurring in other portions of the fruitAffecting all segments more than 12 inch (12.7 mm) at stem end, or the equivalent of this amount, by volume, when occurring in other portions of the fruitAffecting all segments more than 34 inch (19.1 mm) at stem end, or the equivalent of this amount, by volume, when occurring in other portions of the fruit.
Green spotsAggregating more than a circle 12 inch (12.7 mm) in diameter, caused by scaleAggregating more than a circle 34 inch (19.1 mm) in diameter, caused by scaleAggregating more than a circle 1 inch (25.4 mm) in diameter, caused by scaleAggregating more than 13 of the surface, caused by scale.
Oil spotsAggregating more than a circle 12 inch (12.7 mm) in diameterAggregating more than a circle 1 inch (25.4 mm) in diameterAggregating more than a circle 112 inches (38.1 mm) in diameterAggregating more than 13 of the surface.
ScabMaterially detracts from the shape or texture, or aggregating more than a circle 34 inch (19.1 mm) in diameterSeriously detracts from the shape or texture, or aggregating more than a circle 78 inch (22.2 mm) in diameterAggregating more than 25 percent of the surface.
ScaleMore than a few adjacent to the “button” at the stem end, or more than 6 scattered on other portions of the fruitBlotch aggregating more than a circle 34 inch (19.1 mm) in diameter, or occurring as a ring more than a circle 134 inches (31.8 mm) in diameterBlotch aggregating more than a circle 1 inch (25.4 mm) in diameter, or occurring as a ring more than a circle 112 inches (38.1 mm) in diameter.Aggregating more than 25 percent of the surface.
Scars, Hail, or Thorn scratches [For smooth or fairly smooth superficial scars see §51.770.]Depressed, not smooth, or detracts from appearance more than the amount of discoloration permitted in the gradeVery deep or very rough aggregating more than a circle 12 inch (12.7 mm) in diameter; deep or rough aggregating more than a circle 1 inch (25.4 mm) in diameter; slightly rough or of slight depth aggregating more than 10 percent of fruit surfaceVery deep or very rough aggregating more than a circle 1 inch (25.4 mm) in diameter; deep or rough aggregating more than 5 percent of fruit surface; slight depth or slightly rough aggregating more than 15 percent of fruit surfaceVery deep or very rough or unsightly that appearance is very seriously affected.
Skin breakdownAggregating more than a circle 38 inch (9.5 mm) in diameterAggregating more than a circle 34 inch (19.1 mm) in diameterAggregating more than a circle 1 inch (25.4 mm) in diameterAggregating more than 25 percent of the surface.
SprayburnAggregating more than a circle 34 inch (19.1 mm) in diameterHard and aggregating more than a circle 112 inches (38.1 mm) in diameterAggregating more than 25 percent of the surface.
SproutingMore than six seeds have sprouts of more than 14 inch (6.4 mm) in length, or more than 3 seeds with sprouts over 34 inch (19.1 mm) in lengthMore than six seeds have sprouts of more than 12 inch (12.7 mm) in length, or more than 3 seeds with sprouts over 1 inch (25.4 mm) in lengthMore than six seeds have sprouts of more than 34 inch (19.1 mm) in length, or more than 3 seeds with sprouts over 114 inches (31.8 mm) in length.
SunburnSkin is flattened, dry, darkened, or hard and the affected area exceeds 25 percent of the surfaceSkin is hard and affects more than one-third of the surfaceAggregating more than 50 percent of the surface.

Note: All references to area or aggregating area, or length in this standard are based on a grapefruit 418 inches (104.8 mm) in diameter, allowing proportionately greater areas on larger fruit and lesser areas on smaller fruit.

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Subpart—United States Standards for Grades of Table Grapes (European or Vinifera Type)1

1Packing of the product in conformity with the requirements of these standards shall not excuse failure to comply with the provisions of the Federal Food, Drug, and Cosmetic Act or with applicable State laws and regulations.

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Grades

§51.880   U.S. Extra Fancy Table.

“U.S. Extra Fancy Table” consists of bunches of well developed grapes of one variety, except when designated as assorted varieties, which are uniform in appearance, well colored, and which meet the following requirements:

(a) Basic requirements for berries:

(1) Mature;

(2) Firm;

(3) Firmly attached to capstem;

(4) Not weak;

(5) Not shriveled at capstem;

(6) Not shattered;

(7) Not split or crushed;

(8) Not wet.

(b) Basic requirements for bunches:

(1) Fairly well filled;

(2) Not excessively tight for the variety.

(c) Basic requirements for stems:

(1) Well developed and strong;

(2) Not dry and brittle;

(3) At least yellowish-green in color except for Cardinal, Robin, Exotic, and Beauty Seedless varieties.

(d) Berries free from:

(1) Decay;

(2) Waterberry;

(3) Sunburn;

(4) Almeria Spot.

(e) Stems free from:

(1) Mold;

(2) Decay.

(f) Berries not damaged by:

(1) Any other cause.

(g) Bunches not damaged by:

(1) Shot berries;

(2) Dried berries;

(3) Other defective berries;

(4) Trimming away of defective berries;

(5) Any other cause.

(h) Stems not damaged by:

(1) Freezing;

(2) Any other cause.

(i) Size:

(1) For berries: Exclusive of shot berries and dried berries, not less than 90 percent, by count, of the berries on each bunch shall have the minimum diameters indicated for varieties as follows:

(i) Ribier, Cardinal, Robin, Exotic, Queen, Italia Muscat, and other similar varieties thirteen-sixteenths of an inch.

(ii) Other varieties eleven-sixteenths of an inch.

(2) For bunches:

(i) Not less than one-half pound.

(j) For tolerances see §51.886.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, and amended at 56 FR 15802, Apr. 18, 1991]

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§51.881   U.S. Extra Fancy Export.

“U.S. Extra Fancy Export” consists of grapes which meet the requirements for U.S. Extra Fancy Table and, in addition, meet the packaging requirements set forth in §51.911.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981]

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§51.882   U.S. Fancy Table.

“U.S. Fancy Table” consists of bunches of well developed grapes of one variety, except when designated as assorted varieties, which are at least reasonably well colored, uniform in appearance when so specified in connection with the grade, and which meet the following requirements:

(a) Basic requirements for berries:

(1) Mature;

(2) Firm;

(3) Firmly attached to capstem;

(4) Not weak;

(5) Not shriveled at capstem;

(6) Not shattered;

(7) Not split or crushed;

(8) Not wet.

(b) Basic requirements for bunches:

(1) Fairly well filled;

(2) Not excessively tight for the variety.

(c) Basic requirements for stems:

(1) Well developed and strong;

(2) Not dry and brittle.

(d) Berries free from:

(1) Decay;

(2) Waterberry;

(3) Sunburn;

(4) Almeria Spot.

(e) Stems free from:

(1) Mold;

(2) Decay.

(f) Berries not damaged by:

(1) Any other cause.

(g) Bunches not damaged by:

(1) Shot berries;

(2) Dried berries;

(3) Other defective berries;

(4) Trimming away of defective berries;

(5) Any other cause.

(h) Stems not damaged by:

(1) Freezing;

(2) Any other cause.

(i) Size:

(1) For berries: Exclusive of shot berries and dried berries, the following percentages, by count, of the berries on each bunch shall have the minimum diameters indicated for varieties as follows:

(i) For Ribier, Cardinal, Robin, Exotic, Queen, Italia Muscat, and other similar varieties, 90 percent shall be at least twelve-sixteenths of an inch;

(ii) For Thompson Seedless, Perlette, Delight, Beauty Seedless, Sugraone, Flame Seedless and other seedless varieties, 75 percent shall be at least ten-sixteenths of an inch; and,

(iii) For other varieties 90 percent shall be at least ten-sixteenths of an inch.

(2) For bunches:

(i) Not less than one-fourth pound.

(j) For tolerances see §51.886.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, and amended at 48 FR 19350, Apr. 29, 1983; 56 FR 15802, Apr. 18, 1991; 64 FR 14576, Mar. 26, 1999]

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§51.883   U.S. Fancy Export.

“U.S. Fancy Export” consists of grapes which meet the requirements for U.S. Fancy Table, except that bunches shall weigh not less than one-half pound, and in addition meet the packaging requirements set forth in §51.912.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, and amended at 56 FR 15802, Apr. 18, 1991]

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§51.884   U.S. No. 1 Table.

“U.S. No. 1 Table” consists of bunches of well developed grapes of one variety, except when designated as assorted varieties, which are at least fairly well colored, uniform in appearance when so specified in connection with the grade, and which meet the following requirements:

(a) Basic requirements for berries:

(1) Mature;

(2) Firm;

(3) Firmly attached to capstem;

(4) Not weak;

(5) Not materially shriveled at capstem;

(6) Not shattered;

(7) Not split or crushed;

(8) Not wet.

(b) Basic requirements for bunches:

(1) Not straggly.

(c) Basic requirements for stems:

(1) Not weak, or dry and brittle.

(d) Berries free from:

(1) Decay;

(2) Waterberry;

(3) Sunburn.

(e) Stems free from:

(1) Mold;

(2) Decay.

(f) Berries not damaged by:

(1) Any other cause.

(g) Bunches not damaged by:

(1) Shot berries;

(2) Dried berries;

(3) Other defective berries;

(4) Trimming away of defective berries;

(5) Any other cause.

(h) Stems not damaged by:

(1) Freezing;

(2) Any other cause.

(i) Size:

(1) For berries: Exclusive of shot berries and dried berries, 75 percent, by count, of the berries on each bunch shall have the minimum diameters indicated for varieties as follows:

(i) Thompson Seedless, Perlette, Delight, Beauty Seedless, Sugraone, Flame Seedless and other seedless varieties nine-sixteenths of an inch.

(ii) Other varieties ten-sixteenths of an inch.

(2) For bunches:

(i) Not less than one-fourth pound.

(j) For tolerances see §51.886.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, and amended at 48 FR 19350, Apr. 29, 1983; 56 FR 15802, Apr. 18, 1991; 64 FR 14576, Mar. 26, 1999]

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§51.885   U.S. No. 1 Institutional.

“U.S. No. 1 Institutional” grapes must have no less than 95 percent of the containers in the lot legibly marked “Institutional Pack.” Further requirements for this grade include grapes which consist of clusters and/or bunches of well developed grapes of one variety, except when designated as assorted varieties, which are at least fairly well colored, uniform in appearance when so specified in connection with the grade, and which meet the following requirements:

(a) Basic requirements for berries:

(1) Mature;

(2) Firm;

(3) Firmly attached to capstem;

(4) Not weak;

(5) Not materially shriveled at capstem;

(6) Not shattered;

(7) Not split or crushed;

(8) Not wet.

(b) Basic requirements for stems: Not weak, or dry and brittle.

(c) Berries free from:

(1) Decay;

(2) Waterberry;

(3) Sunburn.

(d) Stems free from:

(1) Mold;

(2) Decay.

(e) Berries not damaged by: Any other cause.

(f) Bunches not damaged by:

(1) Shot berries;

(2) Dried berries;

(3) Other defective berries;

(4) Any other cause.

(g) Stems not damaged by:

(1) Freezing;

(2) Any other cause.

(h) Size:

(1) For berries: Exclusive of shot berries and dried berries, 75 percent, by count, of the berries on each bunch shall have the minimum diameters indicated for varieties as follows:

(i) Thompson Seedless, Perlette, Delight, Beauty Seedless, Sugraone, Flame Seedless and other seedless varieties nine-sixteenths of an inch.

(ii) Other varieties ten-sixteenths of an inch.

(2) For clusters/bunches: In this grade grapes shall consist of at least a two berry cluster ranging to clusters and/or bunches of grapes not greater than five ounces in weight. See section 51.913.

(i) For tolerances see section 51.886.

[61 FR 11126, Mar. 19, 1996, as amended at 64 FR 14576, Mar. 26, 1999]

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Tolerances

§51.886   Tolerances.

(a) No tolerances are provided in these standards for grapes which fail to meet the applicable maturity requirements other than the allowances specified in §51.888 or in the sampling and testing procedures of State maturity regulations.

(b) In order to allow for variations incident to proper grading and handling in each of the foregoing grades except U.S. No. 1 Institutional, tolerances, by weight, other than for maturity, are provided as set forth in Tables I and II.

Table I—Tolerances at Shipping Point1

[Percent]

FactorU.S. Extra fancy tableU.S. Fancy tableU.S. No. 1 table
(A) For bunches failing to meet color requirements101010
(B) For bunches failing to meet requirements for minimum diameter of berries101010
(C) For bunches failing to meet stem color requirements10
(D) For offsize bunches and for bunches and berries failing to meet the remaining requirements for the grade888
Including in (D):
(a) For serious damage222
And, including in (a):
(i) For decay 12 of 1 12 of 1 12 of 1

1Shipping Point, as used in these standards, means the point of origin of the shipment in the producing area or at port of loading for ship stores or overseas shipment, or, in the case of shipments from outside the continental United States, the port of entry into the United States.

Table II—Tolerances En Route or at Destination

(A) For bunches failing to meet color requirements101010
(B) For bunches failing to meet requirements for minimum diameter of berries101010
(C) For bunches failing to meet stem color requirements10
(D) For offsize bunches and for bunches and berries failing to meet the remaining requirements for the grade121212
Including in (D):
(a) For permanent defects888
(b) For serious damage444
And, including in (b):
(i) For serious damage by permanent defects222
(ii) For decay111

(c) In order to allow for variations incident to proper grading and handling in the U.S. No. 1 Institutional grade only, tolerances, by weight, other than for maturity, are provided as set forth in Tables Ia and IIa of this section.

Table Ia—Tolerances at Shipping Point for U.S. No. 1 Institutional Grade Only1

[Percent]

FactorU.S. No. 1 institutional
(A) For clusters/bunches failing to meet color requirements10.
(B) For clusters/bunches failing to meet requirements for minimum diameter of berries10.
(C) For offsize clusters/bunches4.
(D) For clusters/bunches and berries failing to meet the remaining requirements for the grade8.
Including in (D):
(a) For serious damage2
And, including in (a):
(i) For decay 12 of 1.

1Shipping point, as used in these standards, means the point of origin of the shipment in the producing area or at port of loading for ship stores or overseas shipment, or, in the case of shipments from outside the continental United States, the port of entry into the United States.

Table IIa—Tolerances En Route or at Destination for U.S. No. 1 Institutional Grade Only

FactorU.S. No. 1 institutional
(A) For clusters/bunches failing to meet color requirements10.
(B) For clusters/bunches failing to meet requirements for minimum diameter of berries10.
(C) For offsize clusters/bunches4.
(D) For clusters/bunches and berries failing to meet the remaining requirements for the grade12.
Including in (D):
(a) For permanent defects8.
(b) For serious damage4.
And, including in (b):
(i) For serious damage by permanent defects2.
(ii) For decay1.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, and amended at 52 FR 22437, June 12, 1987. Redesignated and amended at 56 FR 15802, Apr. 18, 1991; 61 FR 11127, Mar. 19, 1996]

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Application of Tolerances

§51.887   Application of tolerances.

The contents of the individual packages in any lot, based on sample inspection, are subject to the following limitations: Provided, That the averages for the entire lot are within the tolerances specified for the grade:

(a) For tolerances of 10 percent or more, individual packages may contain not more than one and one-half times the specified tolerance.

(b) For a tolerance of less than 10 percent, individual packages may contain not more than double the specified tolerance.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 56 FR 15802, Apr. 18, 1991]

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Maturity Requirements

§51.888   Maturity requirements.

(a) In the case of grapes grown in Arizona or California, “mature” means grapes in any lot shall meet the maturity requirements for the variety as set forth in the applicable State Agricultural Laws and Regulations referenced in this section. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from, in the case of Arizona maturity regulations, Arizona Department of Agriculture, Citrus, Fruit and Vegetable Standardization, 1688 W. Adams, Phoenix, AZ 85007 or in the case of California maturity regulations, California Department of Food and Agriculture, Fruit and Vegetable Quality Control, Standardization Section, 1220 N Street, P.O. Box 942871, Sacramento, California 94271-0001 or copies of both regulations may be inspected at USDA, AMS, F&VD, FPB, Standardization Section, Room 2065-S, 14th and Independence Avenue, Washington, DC 20250 or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal__register/code__of__federal__regulations/ibr__locations.html.

(1) Arizona maturity regulations are contained in Chapter 4—Plant Services Division, Article 7, Fruit And Vegetable Standardization, Section R3-4-733 Table Grape Standards, Effective January 6, 1994.

(2) California maturity regulations are contained in The California Code of Regulations, Title 3, Subchapter 4. Fresh Fruits, Nuts and Vegetables, Article 25, Table Grapes and Raisins, November 16, 1996.

(b) Grapes subject to U.S. import regulations shall meet the maturity requirements specified in such regulations.

(c) Grapes produced in States other than Arizona or California, or grapes imported from countries outside the United States during periods in which U.S. import regulations do not apply, shall meet the minimum percentage of soluble solids set forth in Table III as determined by use of a standard hand refractometer.

Table III

VarietyPercent of soluble solids
Muscat17.5
All varieties not listed in this table16.5
Cardinal, Emperor, Perlette, Ribier, Olivette Blanche, Rish Baba, Red Malaga, and similar varieties15.5

(1) The minimum percentage of soluble solids for any lot shall be determined from the juice of at least 10 percent, by weight, of whole bunches of the least mature grapes in that container which appears to have the least mature grapes. No lot shall be considered as failing to meet these requirements unless samples from two containers which appear to have the least mature grapes test below the required percentage of soluble solids.

[48 FR 19350, Apr. 29, 1983, as amended at 52 FR 22437, June 12, 1987. Redesignated at 56 FR 15802, Apr. 18, 1991; 61 FR 11127, Mar. 19, 1996; 64 FR 14577, Mar. 26, 1999]

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Definitions

§51.889   Well developed grapes.

Well developed grapes means grapes which are not abnormally small for the variety.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 56 FR 15802, Apr. 18, 1991]

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§51.890   One variety.

One variety means that the grapes show similar varietal characteristics.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 56 FR 15802, Apr. 18, 1991]

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§51.891   Uniform in appearance.

Uniform in appearance means that not more than one-tenth of the containers in any lot show sufficient variation in color or size of berries to materially detract from the appearance of the contents of the individual container, and that the stems are well developed and strong.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 56 FR 15802, Apr. 18, 1991]

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§51.892   Color terms.

The color terms well colored, reasonably well colored, and fairly well colored are defined in Table IV.

Table IV

Color termsBlack varietiesRed varietiesWhite varieties
Well colored (U.S. Extra Fancy)Each bunch shall have not less than 95 percent, by count, of berries showing good characteristic color.1Each bunch shall have not less than 75 percent, by count, of berries showing good characteristic color.1No requirement.
Reasonably well colored (U.S. Fancy)Each bunch shall have not less than 85 percent, by count, of berries showing good characteristic color.1Each bunch shall have not less than 6623 percent, by count, of berries showing good characteristic color1 except the Tokay and Cardinal varieties shall have not less than 75 percent, by count, of berries showing characteristic color.2No requirement.
Fairly well colored (U.S. No. 1)Each bunch shall have not less than 75 percent, by count, of berries showing characteristic color.2Each bunch shall have not less than 60 percent, by count, of berries showing characteristic color.2No requirement.

1Good characteristic color for black varieties means purple to black except that Ribier or similar varieties of grapes shall have at least two-thirds of the surface of the berry showing purple to black color.

For red varieties good characteristic color means at least two-thirds of the surface of the berry is light red through dark red color; except, for the Tokay variety pink through dark red, and for the Cardinal variety light red through purple shall be permitted.

2Characteristic color for black varieties means reddish-purple to black except that Ribier or similar varieties of grapes shall have at least two-thirds of the surface of the berry showing reddish-purple to black color.

For red varieties characteristic color means at least two-thirds of the surface of the berry is pink to dark red; except, for the Tokay variety light pink through dark red and for the Cardinal variety light pink through purple color shall be permitted.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 56 FR 15802, Apr. 18, 1991]

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§51.893   Firm.

Firm means that the berry does not yield more than slightly to moderate pressure and is not flabby or wilted.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 56 FR 15802, Apr. 18, 1991]

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§51.894   Weak.

Weak means that individual berries are somewhat translucent, watery and soft, may have relatively low sugar content, inferior flavor, or are of poor keeping quality.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 56 FR 15802, Apr. 18, 1991]

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§51.895   Shriveled at capstem.

Shriveled at capstem means that the berry shows more than slight wrinkling of the skin surrounding the capstem.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 56 FR 15802, Apr. 18, 1991]

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§51.896   Shattered.

Shattered means that the berry is separated from the bunch and may or may not have the capstem attached.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 56 FR 15802, Apr. 18, 1991]

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§51.897   Wet.

Wet means that the grapes are wet from moisture from crushed, leaking, or decayed berries or from rain. Grapes which are moist from dew or other moisture condensation such as that resulting from removing grapes from a refrigerator car or cold storage to a warmer location shall not be considered as wet.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 56 FR 15802, Apr. 18, 1991]

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§51.898   Decay.

Decay means any soft breakdown of the flesh or skin of the berry resulting from bacterial or fungus infection. Slight surface development of green mold (Cladosporium) shall not be considered decay.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 56 FR 15802, Apr. 18, 1991]

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§51.899   Waterberry.

Waterberry means a watery, soft, or flabby condition of the berry. Affected berries are low in sugar content, have tender skins, and are easily crushed. This is an advanced or more pronounced stage of the condition referred to as “weak”.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated 56 FR 15802, Apr. 18, 1991]

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§51.900   Sunburn.

Sunburn means injury to the berry caused by exposure to the sun, including “sulphur burn,” usually occurring as a sunken and discolored or dried area on the exposed surface.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 56 FR 15802, Apr. 18, 1991]

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§51.901   Damage.

Damage means any specific defect described in this section; or an equally objectionable variation of any one of these defects, or any other defect, or any combination of defects which materially detracts from the appearance, or the edible or marketing quality of the individual berry, the appearance of the bunch as a whole, or the marketing quality of the stems.

(a) The following shall be considered as damage to the individual berry:

(1) Scarring such as that caused by thrips, mildew, rubs, and similar injuries when materially detracting from the appearance of the berry;

(2) Discoloration when any light brown, tan, or darker discoloration of the skin materially detracts from the appearance of the berry: Provided, That “sunkissed” berries of the white Malaga variety which show discoloration of amber or light brown color shall not be considered as damaged. “Buckskin” berries of the Tokay variety, and similar injury to other varieties, shall be considered as damaged by discoloration;

(3) Heat when the flesh of the berry is affected;

(4) Almeria Spot when any spot is distinctly sunken or dark in color;

(5) Mildew when active powdery mildew is present;

(6) Freezing when the berry is frozen or when the flesh of the berry is affected by freezing;

(7) Insect injury when penetrating the skin of the berry or when there is noticeable insect infestation on the bunch; when mealybug residue or aphis honeydew are present in noticeable amounts; or when leafhopper residue materially detracts from the appearance of the individual berry or of the bunch.

(b) The following shall be considered as damage to stems:

(1) Active powdery mildew or any other disease when present on the stems to the extent that it detracts from the appearance of the bunch or when scars caused by mildew or other disease constrict or weaken any part of the main or lateral stems; and,

(2) Freezing when the stems are frozen or the capstems are swollen or dried, or when the main or lateral stems are water-soaked and limp, or dried, as a result of freezing.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 56 FR 15802, Apr. 18, 1991]

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§51.902   Fairly well filled.

Fairly well filled means that the berries are reasonably closely spaced on main and lateral stems and that the bunch is not very loose or stringy.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 56 FR 15802, Apr. 18, 1991]

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§51.903   Excessively tight.

Excessively tight means that the berries are so wedged together that the bunch is extremely compact for the variety and resulting distorted berries materially detract from the appearance of the bunch.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 56 FR 15802, Apr. 18, 1991]

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§51.904   Shot berries.

Shot berries means very small berries resulting from insufficient pollination, usually seedless in those varieties which normally develop seeds.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 56 FR 15802, Apr. 18, 1991]

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§51.905   Dried berries.

Dried berries means berries which are dry and shriveled to the extent that practically no moisture is present.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 56 FR 15802, Apr. 18, 1991]

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§51.906   Well developed and strong.

Well developed and strong means that the main and lateral stems are firm, fibrous, and pliable; not distinctly immature or spindly or threadlike at time of packing.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 56 FR 15802, Apr. 18, 1991]

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§51.907   Diameter.

Diameter means the greatest dimension of the berry taken at right angles to a line running from the stem to the blossom end.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 56 FR 15802, Apr. 18, 1991]

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§51.908   Serious damage.

Serious damage means any defect or any combination of defects which seriously detracts from the appearance, or the edible or marketing quality of the grapes and includes berries which are split, crushed, wet, affected by decay or waterberry, or affected by heat or freezing. Grapes which show healed cracks at the blossom and shall not be considered as seriously damaged.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 56 FR 15802, Apr. 18, 1991]

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§51.909   Materially shriveled at capstem.

Materially shriveled at capstem means that the skin of the berry is definitely wrinkled adjacent to the capstem and the surface is materially sunken.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 56 FR 15802, Apr. 18, 1991]

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§51.910   Straggly.

Straggly means that the berries are so widely spaced on main and laterial stems that the bunch is distinctly open or very stemmy or stringy in structure.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 56 FR 15802, Apr. 18, 1991]

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§51.911   Container.

Container as used in these standards shall, for the purposes of determining maturity and other factors of grade of grapes in packages containing 5 pounds or less, mean the master container in which the individual packages are packed for shipment.

[52 FR 22437, June 12, 1987. Redesignated at 56 FR 15802, Apr. 18, 1991]

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§51.912   Export.

When designated as Export, grapes shall be packed with any of the customary protective materials such as cushions, liners, or wraps, or properly packed in sawdust or granulated cork. The so-called “semi-sawdust packs” which are cushioned and/or covered with sawdust are not approved as protective packaging for export.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 56 FR 15802, Apr. 18, 1991]

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§51.913   Clusters.

Clusters as used in these standards in reference to the U.S. No. 1 Institutional grade only shall be defined as two or more berries sharing a common point of attachment.

[61 FR 11127, Mar. 19, 1996]

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Metric Conversion Table

§51.914   Metric conversion table.

InchesMillimeters (mm)
316 equals12.7
916 equals14.3
1016 equals15.9
1116 equals17.5
1216 equals19.1
1316 equals20.6
1416 equals22.2
1516 equals28.8
1 equals25.4
PoundsGrams
14 equals113.4
12 equals226.8
34 equals340.2
1 equals453.6
2 equals907.2
3 equals1,360.8
4 equals1,814.4
5 equals2,268.0
10 equals4,536.0

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 56 FR 15802, Apr. 18, 1991, and further redesignated at 61 FR 11127, Mar. 19, 1996]

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Subpart—United States Standards for Grades of Florida Oranges and Tangelos

Source: 61 FR 20708, May 8, 1996, unless otherwise noted.

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General

§51.1140   General.

The standards contained in this subpart apply only to the common or sweet orange group and varieties and hybrids of varieties belonging to the Mandarin group, except tangerines, and to the citrus fruit commonly known as “tangelo”—a hybrid between tangerine or mandarin orange (citrus reticulata) with either the grapefruit or pomelo (C. paradisi and C. grandis). Separate U.S. standards apply to tangerines. The standards for internal quality contained in §§51.1176 through 51.1179 apply only to common sweet oranges (citrus sinensis (L) Osbeck).

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Grades

§51.1141   U.S. Fancy.

“U.S. Fancy” consists of oranges which meet the following requirements:

(a) Basic requirements:

(1) Discoloration: Not more than one-tenth of the surface, in the aggregate, may be affected by discoloration. (See §51.1161.);

(2) Firm;

(3) Mature;

(4) Similar varietal characteristics;

(5) Smooth texture;

(6) Well colored; and,

(7) Well formed.

(b) Free from:

(1) Ammoniation;

(2) Buckskin;

(3) Caked melanose;

(4) Creasing;

(5) Decay;

(6) Scab;

(7) Split navels;

(8) Sprayburn;

(9) Undeveloped segments;

(10) Unhealed skin breaks; and,

(11) Wormy fruit.

(c) Free from injury caused by:

(1) Bruises;

(2) Green spots;

(3) Oil spots;

(4) Rough, wide or protruding navels;

(5) Scale;

(6) Scars;

(7) Skin breakdown; and,

(8) Thorn scratches.

(d) Free from damage caused by:

(1) Dirt or other foreign material;

(2) Disease;

(3) Dryness or mushy condition;

(4) Hail;

(5) Insects;

(6) Riciness or woodiness;

(7) Sunburn; and,

(8) Other means.

(e) For tolerances see §51.1151.

(f) Internal quality: Lots meeting the internal requirements for “U.S. Grade AA Juice (Double A)” or “U.S. Grade A Juice” may be so specified in connection with the grade. (See §§51.1176-51.1179.)

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§51.1142   U.S. No. 1 Bright.

The requirements for this grade are the same as for U.S. No. 1 except that fruit shall have not more than one-fifth of its surface, in the aggregate, affected by discoloration.

(a) For tolerances see §51.1151.

(b) Internal quality: Lots meeting the internal requirements for “U.S. Grade AA Juice (Double A)” or “U.S. Grade A Juice” may be so specified in connection with the grade. (See §§51.1176-51.1179.)

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§51.1143   U.S. No. 1.

“U.S. No. 1” consists of oranges which meet the following requirements:

(a) Basic requirements:

(1) Color;

(i) Early and midseason varieties shall be fairly well colored.

(ii) For Valencia and other late varieties, not less than 50 percent, by count, shall be fairly well colored and the remainder reasonably well colored.

(2) Discoloration: Not more than one-third of the surface, in the aggregate, may be affected by discoloration. (See §51.1161.);

(3) Fairly smooth texture;

(4) Firm;

(5) Mature;

(6) Similar varietal characteristics; and,

(7) Well formed.

(b) Free from:

(1) Decay;

(2) Unhealed skin breaks; and,

(3) Wormy fruit.

(c) Free from damage caused by:

(1) Ammoniation;

(2) Bruises;

(3) Buckskin;

(4) Caked melanose;

(5) Creasing;

(6) Dirt or other foreign material;

(7) Disease;

(8) Dryness or mushy condition;

(9) Green spots;

(10) Hail;

(11) Insects;

(12) Oil spots;

(13) Riciness or woodiness;

(14) Scab;

(15) Scale;

(16) Scars;

(17) Skin breakdown;

(18) Split, rough or protruding navels;

(19) Sprayburn;

(20) Sunburn;

(21) Thorn scratches; and,

(22) Other means.

(d) For tolerances see §51.1151.

(e) Internal quality: Lots meeting the internal requirements for “U.S. Grade AA Juice (Double A)” or “U.S. Grade A Juice” may be so specified in connection with the grade. (See §§51.1176-51.1179.)

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§51.1144   U.S. No. 1 Golden.

The requirements for this grade are the same as for U.S. No. 1 except that not more than 30 percent, by count, of the fruit shall have more than one-third of their surface, in the aggregate, affected by discoloration.

(a) For tolerances see §51.1151.

(b) Internal quality: Lots meeting the internal requirements for “U.S. Grade AA Juice (Double A)” or “U.S. Grade A Juice” may be so specified in connection with the grade. (See §§51.1176-51.1179.)

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§51.1145   U.S. No. 1 Bronze.

The requirements for this grade are the same as for U.S. No. 1 except at least 30 percent, by count, of the fruit shall have more than one-third of their surface, in the aggregate, affected by discoloration. The predominating discoloration on each fruit shall be of rust mite type.

(a) For tolerances see §51.1151.

(b) Internal quality: Lots meeting the internal requirements for “U.S. Grade AA Juice (Double A)” or “U.S. Grade A Juice” may be so specified in connection with the grade. (See §§51.1176-51.1179.)

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§51.1146   U.S. No. 1 Russet.

The requirements for this grade are the same as for U.S. No. 1 except that at least 30 percent, by count, of the fruit shall have more than one-third of their surface, in the aggregate, affected by any type of discoloration.

(a) For tolerances see §51.1151.

(b) Internal quality: Lots meeting the internal requirements for “U.S. Grade AA Juice (Double A)” or “U.S. Grade A Juice” may be so specified in connection with the grade. (See §§51.1176-51.1179.)

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§51.1147   U.S. No. 2 Bright.

The requirements for this grade are the same as for U.S. No. 2 except that fruit shall have not more than one-fifth of its surface, in the aggregate, affected by discoloration.

(a) For tolerances see §51.1151.

(b) Internal quality: Lots meeting the internal requirements for “U.S. Grade AA Juice (Double A)” or “U.S. Grade A Juice” may be so specified in connection with the grade. (See §§51.1176-51.1179.)

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§51.1148   U.S. No. 2.

“U.S. No. 2” consists of oranges which meet the following requirements:

(a) Basic requirements:

(1) Discoloration: Not more than one-half of the surface, in the aggregate, may be affected by discoloration. (See §51.1161.)

(2) Fairly firm;

(3) Mature;

(4) Reasonably well colored;

(5) Similar varietal characteristics;

(6) Not more than slightly misshapen; and

(7) Not more than slightly rough texture.

(b) Free from:

(1) Decay;

(2) Unhealed skin breaks; and

(3) Wormy fruit.

(c) Free from serious damage caused by:

(1) Ammoniation;

(2) Bruises;

(3) Buckskin;

(4) Caked melanose;

(5) Creasing;

(6) Dirt or other foreign material;

(7) Disease;

(8) Dryness or mushy condition;

(9) Green spots;

(10) Hail;

(11) Insects;

(12) Oil spots;

(13) Riciness or woodiness;

(14) Scab;

(15) Scale;

(16) Scars;

(17) Skin breakdown;

(18) Split, rough or protruding navels;

(19) Sprayburn;

(20) Sunburn;

(21) Thorn scratches; and

(22) Other means.

(d) For tolerances see §51.1151.

(e) Internal quality: Lots meeting the internal requirements for “U.S. Grade AA Juice (Double A)” or “U.S. Grade A Juice” may be so specified in connection with the grade. (See §§51.1176-51.1179.)

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§51.1149   U.S. No. 2 Russet.

The requirements for this grade are the same as for U.S. No. 2 except that at least 10 percent of the fruit shall have more than one-half of their surface, in the aggregate, affected by any type of discoloration.

(a) For tolerances see §51.1151.

(b) Internal quality: Lots meeting the internal requirements for “U.S. Grade AA Juice (Double A)” or “U.S. Grade A Juice” may be so specified in connection with the grade. (See §§51.1176-51.1179.)

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§51.1150   U.S. No. 3.

“U.S. No. 3” consists of oranges which meet the following requirements:

(a) Basic requirements:

(1) Mature;

(2) Misshapen;

(3) Poorly colored;

(4) Rough texture, not seriously lumpy;

(5) Similar varietal characteristics; and

(6) Slightly spongy.

(b) Free from:

(1) Decay;

(2) Unhealed skin breaks; and

(3) Wormy fruit.

(c) Free from very serious damage caused by:

(1) Ammoniation;

(2) Bruises;

(3) Buckskin;

(4) Caked melanose;

(5) Creasing;

(6) Disease;

(7) Dryness or mushy condition;

(8) Hail;

(9) Insects;

(10) Riciness or woodiness;

(11) Scab;

(12) Scale;

(13) Scars;

(14) Skin breakdown;

(15) Split navels;

(16) Sprayburn;

(17) Sunburn; and

(18) Other means.

(d) For tolerances see §51.1151.

(e) Internal quality: Lots meeting the internal requirements for “U.S. Grade AA Juice (Double A)” or “U.S. Grade A Juice” may be so specified in connection with the grade. (See §§51.1176-51.1179.)

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Tolerances

§51.1151   Tolerances.

In order to allow for variations incident to proper grading and handling in each of the foregoing grades, the following tolerances, by count, based on a minimum 25 count sample, are provided as specified:

(a) Defects. (1) U.S. Fancy, U.S. No. 1 Bright, U.S. No. 1, U.S. No. 1 Golden, U.S. No. 1 Bronze, U.S. No. 1 Russet, U.S. No. 2 Bright, U.S. No. 2, and U.S. No. 2 Russet grades.

(i) For defects at shipping point.1 Not more than 10 percent of the fruit in any lot may fail to meet the requirements of the specified grade: Provided, that included in this amount not more than 5 percent shall be allowed for defects causing very serious damage, including in this latter amount not more than 1 percent for decay or wormy fruit.

1Shipping point, as used in these standards, means the point of origin of the shipment in the producing area or at port of loading for ship stores or overseas shipment, or, in the case of shipments from outside the continental United States, the port of entry into the United States.

(ii) For defects en route or at destination. Not more than 12 percent of the fruit which fail to meet the requirements of the specified grade: Provided, that included in this amount not more than the following percentages shall be allowed for defects listed:

(A) 10 percent for fruit having permanent defects; or,

(B) 7 percent for defects causing very serious damage, including therein not more than 5 percent for very serious damage by permanent defects and not more than 3 percent for decay or wormy fruit.

(2) U.S. No. 3.

(i) For defects at shipping point.1 Not more than 10 percent of the fruit in any lot may fail to meet the requirements of the grade: Provided, that included in this amount not more than 1 percent shall be for decay or wormy fruit.

(ii) For defects en route or at destination. Not more than 12 percent of the fruit which fail to meet the requirements of the grade: Provided, that included in this amount not more than the following percentages shall be allowed for defects listed:

(A) 10 percent for fruit having permanent defects; or,

(B) 3 percent for decay or wormy fruit.

(b) Discoloration—(1) U.S. No. 1 Bright, U.S. No. 1, U.S. No. 2 Bright, and U.S. No. 2. Not more than 10 percent of the fruit in any lot may fail to meet the requirements relating to discoloration as specified in each grade. No sample may have more than 20 percent of the fruit with excessive discoloration: And provided further, that the entire lot averages within the percentage specified.

(2) U.S. No. 1 Golden. Not more than 30 percent of the fruit shall have in excess of one-third of their surface, in the aggregate, and no part of any tolerance shall be allowed to increase this percentage. No sample may have more than 40 percent of the fruit with excessive discoloration: And provided further, that the entire lot averages within the percentage specified.

(3) U.S. No. 1 Bronze, and U.S. No. 1 Russet. At least 30 percent of the fruit shall have in excess of one-third of the surface, in the aggregate, affected by discoloration, and no part of any tolerance shall be allowed to reduce this percentage. No sample may have less than 20 percent of the fruit with required discoloration: And provided further, that the entire lot averages within the percentage specified.

(4) U.S. No. 2 Russet. At least 10 percent of the fruit shall have in excess of one-half of the surface, in the aggregate, affected by discoloration, and no part of any tolerance shall be allowed to reduce this percentage: And provided further, that the entire lot averages within the percentage specified.

[61 FR 20708, May 8, 1996, as amended at 61 FR 40290, Aug. 2, 1996; 62 FR 2897, Jan. 21, 1997]

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Application of Tolerances

§51.1152   Application of tolerances.

Individual samples are subject to the following limitations, unless otherwise specified in §51.1151. Individual samples shall have not more than one and one-half times a specified tolerance of 10 percent or more, and not more than double a specified tolerance of less than 10 percent: Provided, that at least one decayed or wormy fruit may be permitted in any sample: And provided further, that the averages for the entire lot are within the tolerances specified for the grade.

[62 FR 2897, Jan. 21, 1997]

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Size

§51.1153   Size.

(a) Fruits shall be fairly uniform in size and shall be packed in containers according to approved and recognized methods.

(b) “Fairly uniform in size” means that not more than 10 percent of the oranges per sample may vary more than one-half inch in diameter.

(c) In order to allow for variations incident to proper sizing, not more than 10 percent of the samples in any lot may fail to meet the requirements of size.

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Definitions

§51.1154   Similar varietal characteristics.

Similar varietal characteristics means that the fruits in any container are similar in color and shape.

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§51.1155   Well colored.

Well colored as applied to common oranges and tangelos means that the fruit has characteristic color for the variety with practically no trace of green color.

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§51.1156   Firm.

Firm as applied to common oranges and tangelos means that the fruit is not soft, or noticeably wilted or flabby; as applied to oranges of the Mandarin group (Satsumas, King, Mandarin), “firm” means that the fruit is not extremely puffy, although the skin may be slightly loose.

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§51.1157   Well formed.

Well formed means that the fruit has the shape characteristic of the variety.

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§51.1158   Mature.

Mature shall have the same meaning assigned the term in the Florida Citrus Code, Chapter 601, 1995 Edition, and the Official Rules Affecting the Florida Citrus Industry, in effect as of February 12, 1995. These orange maturity requirements are contained in the Florida Citrus Code, Chapter 601, Florida Statutes, Sections 601.19, and 601.20, 1995 Edition, and the State of Florida Department of Citrus Official Rules Affecting the Florida Citrus Industry, Part 1, Chapter 20-13 Market Classification, Maturity Standards and Processing or Packing Restrictions for Hybrids in effect as of February 12, 1995. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from, Florida Department of Citrus, Post Office Box 148, Lakeland, Florida 33802 or copies of both regulations may be inspected at USDA, AMS, F&VD, FPB, Standardization Section, Room 2065-S, 14th and Independence Ave., Washington, DC 20250 or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal__register/code__of__federal__regulations/ibr__locations.html.

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§51.1159   Smooth texture.

Smooth texture means that the skin is thin and smooth for the variety and size of the fruit.

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§51.1160   Injury.

Injury means any specific defect described in §51.1175, Table I; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects which slightly detracts from the appearance, or the edible or marketing quality of the fruit.

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§51.1161   Discoloration.

Discoloration means russeting of a light shade of golden brown caused by rust mite or other means. Lighter shades of discoloration caused by smooth or fairly smooth superficial scars or other means may be allowed on a greater area, or darker shades may be allowed on a lesser area, provided no discoloration caused by speck type melanose or other means may detract from the appearance of the fruit to a greater extent than the shade and amount of discoloration allowed for the grade.

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§51.1162   Fairly smooth texture.

Fairly smooth texture means that the skin is fairly thin and not coarse for the variety and size of the fruit.

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§51.1163   Damage.

Damage means any specific defect described in §51.1175, Table I; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materially detracts from the appearance, or the edible or marketing quality of the fruit.

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§51.1164   Fairly well colored.

Fairly well colored as applied to common oranges and tangelos means that except for an aggregate area of green color which does not exceed the area of a circle 1 inch (25.4 mm) in diameter, the characteristic color predominates over the green color.

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§51.1165   Reasonably well colored.

Reasonably well colored as applied to common oranges means that the characteristic color predominate over the green color on at least two-thirds of the fruit surface, in the aggregate.

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§51.1166   Poorly colored.

Poorly colored as applied to common oranges means that not more than 25 percent of the surface may be solid dark green color.

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§51.1167   Fairly firm.

Fairly firm as applied to common oranges and tangelos, means that the fruit may be slightly soft, but not bruised; as applied to oranges of the Mandarin group (Satsumas, King, Mandarin), means that the skin of the fruit is not extremely puffy or extremely loose.

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§51.1168   Slightly misshapen.

Slightly misshapen means that the fruit is not of the shape characteristic of the variety but is not appreciably elongated or pointed or otherwise deformed.

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§51.1169   Slightly rough texture.

Slightly rough texture means that the skin is not of smooth texture but is not materially ridged, grooved, or wrinkled.

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§51.1170   Serious damage.

Serious damage means any specific defect described in §51.1175, Table I; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which seriously detracts from the appearance, or the edible or marketing quality of the fruit.

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§51.1171   Misshapen.

Misshapen means that the fruit is decidedly elongated, pointed or flatsided.

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§51.1172   Slightly spongy.

Slightly spongy means that the fruit is puffy or slightly wilted but not flabby.

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§51.1173   Very serious damage.

Very serious damage means any specific defect described in §51.1175, Table I; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which very seriously detracts from the appearance, or the edible or marketing quality of the fruit.

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§51.1174   Diameter.

Diameter means the greatest dimension measured at right angles to a line from stem to blossom end.

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§51.1175   Classification of defects.

Table I

FactorInjuryDamageSerious damageVery serious damage
AmmoniationNot occurring as light speck typeScars are cracked or dark and aggregating more than a circle 34 inch (19.1 mm) in diameterAggregating more than 25 percent of the surface.
BruisesSegment walls are collapsed, or rag is ruptured and juice sacs are rupturedSegment walls are collapsed, or rag is ruptured and juice sacs are rupturedSegment walls are collapsed, or rag is ruptured and juice sacs are rupturedFruit is split open, peel is badly watersoaked, or rag is ruptured and juice sacs are ruptured causing a mushy condition affecting all segments more than 34 inch (19.9 mm) at bruised area or the equivalent of this amount, by volume, when affecting more than one area on the fruit.
BuckskinAggregating more than a circle 1 inch (25.4 mm) in diameterAggregating more than 25 percent of the surfaceAggregating more than 50 percent of the surface.
Caked melanoseAggregating more than a circle 58 inch (15.9 mm) in diameterAggregating more than a circle 34 inch (19.1 mm) in diameterAggregating more than 25 percent of the surface.
CreasingMaterially weakens the skin, or extends over more than one-third of the surfaceSeriously weakens the skin, or extends over more than one-half of the surfaceVery seriously weakens the skin, or is distributed over practically the entire surface.
Dryness or mushy conditionAffecting all segments more than 14 inch (6.4 mm) at stem end, or the equivalent of this amount, by volume, when occurring in other portions of the fruitAffecting all segments more than 12 inch (12.7 mm) at stem end, or the equivalent of this amount, by volume, when occurring in other portions of the fruitAffecting all segments more than 34 inch (19.1 mm) at stem end, or the equivalent of this amount, by volume, when occurring in other portions of the fruit.
Green spotsAggregating more than a circle 38 inch (9.5 mm) in diameter, caused by scaleAggregating more than a circle 58 inch (15.9 mm) in diameter, caused by scaleAggregating more than a circle 78 inch (22.2 mm) in diameter, caused by scaleAggregating more than 13 of the surface, caused by scale.
Oil spotsAggregating more than a circle 38 inch (9.5 mm) in diameterAggregating more than a circle 78 inch (22.2 mm) in diameterAggregating more than a circle 114 inches (31.8 mm) in diameterAggregating more than 13 of the surface.
ScabMaterially detracts from the shape or texture, or aggregating more than a circle 58 inch (15.9 mm) in diameterSeriously detracts from the shape or texture, or aggregating more than a circle 34 inch (19.1 mm) in diameterAggregating more than 25 percent of the surface.
ScaleMore than a few adjacent to the “button” at the stem end, or more than 6 scattered on other portions of the fruitAggregating more than a circle 58 inch (15.9 mm) in diameterAggregating more than a circle 34 inch (19.1 mm) in diameterAggregating more than 25 percent of the surface.
Scars, Hail, or Thorn scratches [For smooth or fairly smooth superficial scars see §51.1161.]Depressed, not smooth, or detracts from appearance more than the amount of discoloration permitted in the gradeDeep or rough aggregating more than a circle 14 inch (6.4 mm) in diameter; slightly rough with slight depth aggregating more than a circle 78 inch (22.2 mm) in diameter; smooth or fairly smooth with slight depth aggregating more than a circle 114 inches (31.8 mm) in diameterDeep or rough aggregating more than a circle 12 inch (12.7 mm) in diameter; slightly rough with depth aggregating more than a circle 114 inches (31.8 mm) in diameter; smooth or fairly smooth with slight depth aggregating more than 10 percent of fruit surfaceDeep or rough or unsightly that appearance is very seriously affected.
Skin breakdownAggregating more than a circle 14 inch (6.4 mm) in diameterAggregating more than a circle 12 inch (12.7 mm) in diameterAggregating more than a circle 78 inch (22.2 mm) in diameterAggregating more than 25 percent of the surface.
SprayburnAggregating more than a circle 58 inch (15.9 mm) in diameterHard and aggregating more than a circle 112 inches (38.1 mm) in diameterAggregating more than 25 percent of the surface.
Split, rough, protruding navelsSplit is unhealed, or more than 18 inch (3.2 mm) in length, or navel protrudes beyond the general contour, and opening is so wide, folded and ridged that it detracts from the appearanceSplit is unhealed, or more than 14 inch (6.4 mm) in length, or more than three well healed splits, or navel protrudes beyond the general contour, and opening is so wide, folded and ridged that it detracts from appearanceSplit is unhealed, or more than 12 inch (12.7 mm) in length, or two or more splits aggregate more than 1 inch (25.4 mm) in length, or navel protrudes beyond general contour, and opening is so wide, folded and ridged that it detracts from appearanceSplit is unhealed or fruit is seriously weakened.
SunburnSkin is flattened, dry, darkened, or hard and the affected area exceeds 25 percent of the surfaceSkin is hard and affects more than one-third of the surfaceAggregating more than 50 percent of the surface.

Note: All references to area or aggregating area, or length in this standard are based on an orange or tangelo 278 inches (73.0 mm) in diameter, allowing proportionately greater areas on larger fruit and lesser areas on smaller fruit.

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Standards for Internal Quality of Common Sweet Oranges (Citrus Sinensis (L) Osbeck)

§51.1176   U.S. Grade AA Juice (Double A).

Any lot of oranges, the juice content of which meets the following requirements, may be designated “U.S. Grade AA Juice (Double A)”:

(a) Each lot of fruit shall contain an average of not less than 5 gallons (18.9 liters) of juice per standard packed box of 135 bushels.

(b) The average juice content for any lot of fruit shall have not less than 10 percent total soluble solids, and not less than one-half of 1 percent anhydrous citric acid, or more than the permissible maximum acid specified in Table II of §51.1178.

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§51.1177   U.S. Grade A Juice.

Any lot of oranges, the juice content of which meets the following requirements, may be designated “U.S. Grade A Juice”:

(a) Each lot of fruit shall contain an average of not less than 412 gallons (17.0 liters) of juice per standard packed box of 135 bushels.

(b) The average juice content for any lot of fruit shall have not less than 9 percent total soluble solids, and not less than one-half of 1 percent anhydrous citric acid, or more than the permissible maximum acid specified in Table II of §51.1178.

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§51.1178   Maximum anhydrous citric acid permissible for corresponding total soluble solids.

For determining the grade of juice, the maximum permissible anhydrous citric acid content in relation to corresponding total soluble solids in the fruit is set forth in the following Table II together with the minimum ratio of total soluble solids to anhydrous citric acid:

Table II

Total soluble solids
(average pct)
Maximum anhydrous citric acid
(average pct)
Minimum ratio of total soluble solids to anhydrous citric acid
   9.00.9479.50-1
   9.1.9639.45-1
   9.2.9799.40-1
   9.3.9959.35-1
   9.41.0119.30-1
   9.51.0279.25-1
   9.61.0439.20-1
   9.71.0609.15-1
   9.81.0779.10-1
   9.91.0949.05-1
10.01.1119.00-1
10.11.1288.95-1
10.21.1468.90-1
10.31.1648.85-1
10.41.1828.80-1
10.51.2008.75-1
10.61.2188.70-1
10.71.2378.65-1
10.81.2568.60-1
10.91.2758.55-1
11.01.2948.50-1
11.11.3068.50-1
11.21.3188.50-1
11.31.3298.50-1
11.41.3418.50-1
11.51.3538.50-1
11.61.3658.50-1
11.71.3768.50-1
11.81.3888.50-1
11.91.4008.50-1
12.01.4128.50-1
12.11.4248.50-1
12.21.4358.50-1
12.31.4478.50-1
12.41.4598.50-1
12.51.4718.50-1
12.61.4828.50-1
12.71.4948.50-1
12.81.5068.50-1
12.91.5178.50-1
13.01.5308.50-1
13.11.5418.50-1
13.21.5538.50-1
13.31.5658.50-1
13.41.5768.50-1
13.51.5888.50-1
13.61.6008.50-1
13.71.6128.50-1
13.81.6248.50-1
13.91.6358.50-1
14.01.6478.50-1
14.11.6598.50-1
14.21.6718.50-1
14.31.6828.50-1
14.41.6948.50-1
14.51.7058.50-1
14.61.7188.50-1
14.71.7298.50-1
14.81.7418.50-1
14.91.7538.50-1
15.01.7658.50-1
15.11.7768.50-1
15.21.7888.50-1
15.31.8008.50-1
15.41.8128.50-1
15.51.8248.50-1
15.6 or more8.50-1

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§51.1179   Method of juice extraction.

The juice used in the determining of solids, acids and juice content shall be extracted from representative samples as thoroughly as possible with a hand reamer or by such mechanical extractor or extractors as may be approved. The juice shall be strained through cheese cloth or other approved straining device of extra fine mesh to prevent passage of juice cells, pulp, or seeds.

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Subpart—United States Standards for Cleaned Virginia Type Peanuts in the Shell

Source: 18 FR 7117, Nov. 11, 1953, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981.

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Grades

§51.1235   U.S. Jumbo Hand Picked.

U.S. Jumbo Hand Picked shall consist of cleaned Virginia type peanuts in the shell which are mature, dry, and free from loose peanut kernels, dirt or other foreign material, pops, paper ends, and from damage caused by cracked or broken shells, discoloration or other means. The kernels shall be free from damage from any cause. In addition, the peanuts shall not pass through a screen having 3764 × 3 inch perforations. Unless otherwise specified, the unshelled peanuts in any lot shall not average more than 176 count per pound.

(a) In order to allow for variations incident to proper grading and handling, the following tolerances, by weight, shall be permitted:

(1) 10.0 percent total for pops, peanuts having paper ends or damaged shells, loose undamaged peanut kernels, and dirt or other foreign material, but not more than one-twentieth of this amount, or 0.5 percent, shall be allowed for dirt or other foreign material.

(2) 5.0 percent for peanuts which will pass through the prescribed screen, but which are free from pops and from peanuts having paper ends or damaged shells.

(3) 3.5 percent for peanuts with damaged kernels, and damaged loose kernels.

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§51.1236   U.S. Fancy Hand Picked.

U.S. Fancy Hand Picked shall consist of cleaned Virginia type peanuts in the shell which are mature, dry, and free from loose peanut kernels, dirt or other foreign material, pops, paper ends, and from damage caused by cracked or broken shells, discoloration or other means. The kernels shall be free from damage from any cause. In addition, the peanuts shall not pass through a screen having 3264 × 3 inch perforations. Unless otherwise specified, the unshelled peanuts in any lot shall not average more than 225 count per pound.

(a) In order to allow for variations incident to proper grading and handling, the following tolerances, by weight, shall be permitted:

(1) 11.0 percent total for pops, peanuts having paper ends or damaged shells, loose undamaged peanut kernels, and dirt or other foreign material, but not more than one twenty-second of this amount, or 0.5 percent, shall be allowed for dirt or other foreign material.

(2) 5.0 percent for peanuts which will pass through the prescribed screen, but which are free from pops and from peanuts having paper ends or damaged shells.

(3) 4.5 percent for peanuts with damaged kernels, and damaged loose kernels.

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Unclassified

§51.1237   Unclassified.

Unclassified shall consist of cleaned Virginia type peanuts in the shell which fail to meet the requirements of either of the foregoing grades. The term “unclassified” is not a grade within the meaning of these standards but is provided as a designation to show that no definite grade has been applied to the lot.

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Definitions

§51.1238   Mature.

Mature means that the shells are firm and well developed.

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§51.1239   Pops.

Pops means fully developed shells which contain practically no kernels.

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§51.1240   Paper ends.

Paper ends means peanuts which have very soft and/or very thin ends.

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§51.1241   Damage.

Damage means any injury or defect which materially affects the appearance edible or shipping quality of the individual peanut or the lot as a whole. The following shall be considered as damage:

(a) Cracked or broken shells which have been broken to the extent that the kernel within is plainly visible without minute examination and with no application of pressure, or the appearance of the individual peanut is materially affected.

(b) Discolored shells which have dark discoloration caused by mildew, staining or other means affecting one-half or more of the shell surface. Talc powder or other similar material which may have been applied to the shells during the cleaning process shall not be removed to determine the amount of discoloration beneath, but the peanut shall be judged as it appears with the talc.

(c) Kernels which are rancid or decayed.

(d) Moldy kernels.

(e) Kernels showing sprouts extending more than one-eighth inch from the end of the kernel.

(f) Distinctly dirty kernels.

(g) Kernels which are wormy, or have worm frass adhering, or have worm cuts which are more than superficial.

(h) Kernels which have dark yellow color penetrating the flesh, or yellow pitting extending deep into the kernel.

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§51.1242   Count per pound.

Count per pound means the number of peanuts in a pound. When determining the count per pound, one single kernel peanut shall be counted as one-half peanut.

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Subpart—United States Standards for Summer and Fall Pears1

1Packing of the product in conformity with the requirements of these standards shall not excuse failure to comply with the provisions of the Federal Food, Drug, and Cosmetic Act.

Source: 20 FR 5620, Aug. 5, 1955, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981.

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General

§51.1260   General.

These standards apply to varieties such as Bartlett, Hardy and other similar varieties.

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Grades

§51.1261   U.S. No. 1.

“U.S. No. 1” consists of pears of one variety which are mature, but not over-ripe, carefully hand-picked, clean, fairly well formed, free from decay, internal breakdown, scald, freezing injury, worm holes, black end, and from damage caused by hard end, bruises, broken skins, russeting, limb- rubs, hail, scars, drought spot, sunburn, sprayburn, stings or other insect injury, disease, or mechanical or other means. (See §§51.1265 and 51.1268.)

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§51.1262   U.S. Combination.

A combination of U.S. No. 1 and U.S. No. 2 may be packed. When such a combination is packed, at least 50 percent of the pears in any container shall meet the requirements of U.S. No. 1. (See §§51.1265 and 51.1268.)

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§51.1263   U.S. No. 2.

“U.S. No. 2” consists of pears of one variety which are mature, but not over-ripe, carefully hand-picked, clean, not seriously misshapen, free from decay, internal breakdown, scald, freezing injury, worm holes, black end, and from damage caused by hard end, or broken skins. The pears shall also be free from serious damage caused by bruises, russeting, limbrubs, hail, scars, drought spot, sunburn, sprayburn, stings or other insect injury, disease, or mechanical or other means. (See §§51.1265 and 51.1268.)

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Unclassified

§51.1264   Unclassified.

“Unclassified” consists of pears which have not been classified in accordance with any of the foregoing grades. The term “unclassified” is not a grade within the meaning of these standards, but is provided as a designation to show that no grade has been applied to the lot.

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Tolerances

§51.1265   Tolerances.

(a) In order to allow for variations incident to proper grading and handling, not more than a total of 10 percent of the pears in any lot may fail to meet the requirements of grade: Provided, That not more than 5 percent shall be seriously damaged by insects, and not more than 1 percent shall be allowed for decay or internal breakdown.

(b) When applying the foregoing tolerances to the combination grade no part of any tolerance shall be used to reduce the percentage of U.S. No. 1 pears required in the combination, but individual containers may have not more than 10 percent less than the percentage of U.S. No. 1 required: Provided, That the entire lot averages within the percentage specified.

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Application of Tolerances

§51.1266   Application of tolerances.

(a) The contents of individual packages in the lot, based on sample inspection, are subject to the following limitations, provided the averages for the entire lot are within the tolerances specified for the grade:

(1) For packages which contain more than 10 pounds, and a tolerance of 10 percent or more is provided individual packages in any lot shall have not more than one and one-half times the tolerance specified. For packages which contain more than 10 pounds and a tolerance of less than 10 percent is provided, individual packages in any lot shall have not more than double the tolerance specified, except that at least one pear which is seriously damaged by insects or affected by decay or internal breakdown may be permitted in any package.

(2) For packages which contain 10 pounds or less, individual packages in any lot are not restricted as to the percentage of defects or off-size: Provided, That not more than four times the tolerance specified may be permitted in any package for pears which are seriously damaged by insects or affected by decay or internal breakdown except that at least one defective pear may be permitted in any package.

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Basis for Calculating Percentages

§51.1267   Basis for calculating percentages.

(a) When the numerical count is marked on the container or when pears are packed in a container to weigh 5 pounds or less, percentages shall be calculated on the basis of count.

(b) When the minimum diameter or minimum and maximum diameters are marked on a container packed to weigh more than 5 pounds or when the pears are jumbled in a container packed to weigh more than 5 pounds, percentages shall be calculated on the basis of weight or an equivalent basis.

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Condition After Storage or Transit

§51.1268   Condition after storage or transit.

Decay, scald, or other deterioration which may have developed on pears after they have been in storage or transit shall be considered as affecting condition and not grade.

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Standard Pack

§51.1269   Sizing.

(a) The numerical count, or the minimum size of the pears packed in closed containers shall be indicated on the package. The number of pears in the box shall not vary more than 3 from the number indicated on the box.

(b) When the numerical count is marked on western standard pear boxes the pears shall not vary more than three-eighths inch in their transverse diameter for counts 120 or less; one-fourth inch for counts 135 to 180, inclusive; and three-sixteenths inch for counts 193 or more.

(c) When the numerical count is marked on western standard half boxes or special half boxes packed three tiers deep, the pears shall not vary more than three-eighths inch for counts 75 or less; one-fourths inch for counts 80 to 110, inclusive; and three-sixteenths inch for counts 115 or more.

(d) When the numerical count is marked on western standard half boxes or special half boxes packed two tiers deep, the pears shall not vary more than three-eighths inch for counts 50 or less; one-fourth inch for counts 55 to 70, inclusive; and three-sixteenths inch for counts 80 or more.

(e) When the numerical count is not shown, the minimum size shall be plainly stamped, stenciled or otherwise marked on the container in terms of whole inches, whole and half inches, whole and quarter inches, or whole and eighth inches, as 212 inches minimum, 214 inches minimum, or 258 inches minimum, in accordance with the facts. It is suggested that both minimum and maximum sizes be marked on the container, as 214 to 234 inches, 212 to 234 inches, as such marking is especially desirable for pears marketed in the export trade.

(f) “Size” means the greatest transverse diameter of the pear taken at right angles to a line running from the stem to the blossom end.

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§51.1270   Packing.

(a) Each package shall be packed so that the pears in the shown face shall be reasonably representative in size and quality of the contents of the package.

(b) Pears packed in any container shall be tightly packed. All packages shall be well filled but the contents shall not show excessive or unnecessary bruising because of overfilled packages.

(c) Pears packed in boxes shall be arranged in containers according to the approved and recognized methods with the pears packed lengthwise. A bridge shall not be allowed in any standard pack. When wrapped, each pear shall be fairly well enclosed by its individual wrapper.

(d) Pears packed in round stave bushel baskets, tubs or in barrels shall be ring faced.

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§51.1271   Tolerances for standard pack.

(a) In order to allow for variations incident to proper sizing, not more than 5 percent of the pears in any lot may fail to meet the size requirements: Provided, That when the maximum and minimum sizes are both stated, an additional 10 percent tolerance shall be allowed for pears which are larger than the maximum size stated.

(b) In order to allow for variations incident to proper packing, not more than 10 percent of the containers in any lot may fail to meet these requirements, but no part of this tolerance shall be allowed for bridge packs, or for packs with different sizes and arrangements such as layers of 195 size and arrangement, and layers of 180 size and arrangement packed in the same box.

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Definitions

§51.1272   Mature.

(a) Mature means that the pear has reached the stage of maturity which will insure the proper completion of the ripening process.

(b) Before a mature pear becomes overripe it will show varying degrees of firmness, depending upon the stage of the ripening process. Therefore, a statement of firmness should be given in order to indicate the stage of the ripening process. A description of the ground color should also be given.

(1) The following terms should be used for describing the ground color: Green, Light Green, Yellowish Green, and Yellow.

(2) The following terms should be used for describing the firmness of pears:

(i) Hard means that the flesh of the pear is solid and does not yield appreciably even to considerable pressure.

(ii) Firm means that the flesh of the pear is fairly solid but yields somewhat to moderate pressure.

(iii) Firm ripe means that the flesh of the pear yields readily to moderate pressure.

(iv) Ripe means that the pear is at the stage where it is in its most desirable condition for eating.

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§51.1273   Overripe.

Overripe means dead ripe, very mealy or soft, past commercial utility.

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§51.1274   Carefully hand-picked.

Carefully hand-picked means that the pears do not show evidence of rough handling or of having been on the ground.

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§51.1275   Clean.

Clean means free from excessive dirt, dust, spray residue or other foreign material.

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§51.1276   Black end.

Black end is evidenced by an abnormally deep green color around the calyx, or black spots usually occurring on the one-third of the surface nearest to the calyx, or by an abnormally shallow calyx cavity.

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§51.1277   Fairly well formed.

Fairly well formed means that the pear may be slightly abnormal in shape but not to an extent which detracts materially from the appearance of the fruit.

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§51.1278   Damage.

Damage means any injury or defect which materially affects the appearance, or the edible or shipping quality.

(a) Hard end shall be considered as damage if the pear shows a distinctly constricted protrusion at the blossom end, or an abnormally yellow color at the blossom end, or an abnormally smooth rounded base with little or no depression at the calyx, or if the flesh near the calyx is abnormally dry and tough or woody.

(b) Slight handling bruises and package bruises such as are incident to good commercial handling in the preparation of a tight pack shall not be considered damage.

(c) Any pear with one skin break larger than three-sixteenths inch in diameter or depth, or with more than one skin break one-eighth inch or larger in diameter or depth shall be considered damaged, and scored against the grade tolerance.2

2The area refers to that of a circle of the specified diameter.

(1) Small inconspicuous skin breaks, less than one-eighth inch in diameter or depth, shall not be considered damage. In addition, not more than 15 percent of the pears in any container may have not more than one skin break from one-eighth inch to three-sixteenths inch, inclusive, in diameter or depth.2

(d) Russeting which exceeds the following shall be considered as damage:

(1) On all varieties excessively rough russeting (russeting which shows “frogging” or slight cracking) when the aggregate area exceeds one-half inch in diameter.2

(2) On Bartlett and other smooth-skinned varieties, slightly rough russeting, or thick russeting such as is characteristic of frost injury, when the aggregate area exceeds three-fourths inch in diameter.2

(3) On Bartlett and other smooth-skinned varieties, smooth solid or smooth netlike russeting when the aggregate area exceeds 15 percent of the surface.

(4) On Hardy, Sand and other similar varieties, rough or thick russeting such as is characteristic of frost injury, when the aggregate area exceeds three-fourths inch in diameter. On any of these varieties any amount of characteristic russeting is permitted whether due to natural causes such as weather or stimulated by artificial means; leaf whips or light limbrubs which resemble and blend into russeted areas shall be considered as russet.2

(e) Any one of the following defects or any combination thereof, the seriousness of which exceeds the maximum allowed for any one defect, shall be considered as damage:

(1) Any limbrubs which are cracked, softened, or more than slightly depressed.

(2) Black discoloration caused by limbrubs, which exceeds an aggregate area of three-eighths inch in diameter.2

(3) Dark brown discoloration or excessive roughness caused by limbrubs which exceeds an aggregate area of one-half inch in diameter.2

(4) Slightly rough, light colored discoloration caused by limbrubs which exceeds an aggregate area of three-fourths inch in diameter.2

(5) Smooth, light colored discoloration caused by limbrubs which exceeds an aggregate area of 1 inch in diameter.2

(6) Hail marks or other similar depressions or scars which are not shallow or superficial, or where the injury affects an aggregate area of more than three-eighths inch in diameter.2

(7) Drought spot when more than one in number, or when the external injury exceeds an aggregate area of three-eighths inch in diameter, or when the appearance of the flesh is materially affected by corky tissue or brownish discoloration.2

(8) Sunburn or sprayburn where the skin is blistered, cracked, or shows any light tan or brownish color, or the shape of the pear is appreciably flattened, or the flesh is appreciably softened or changed in color, except that sprayburn of a russet character shall be considered under the definition of russeting.

(9) Insects: (i) More than two healed codling moth stings, or any insect sting which is over three thirty-seconds of an inch in diameter, or other insect stings affecting the appearance to an equal extent.2

(ii) Blister mite or canker worm injury which is not shallow or superficial, or where the injury affects an aggregate area of more than three-eighths inch in diameter.2

(10) Disease: (i) Scab spots which are black and which cover an aggregate area of more than one-fourth inch in diameter except that scab spots of a russet character shall be considered under the definition of russeting.

(ii) Sooty blotch which is thinly scattered over more than 5 percent of the surface, or dark, heavily concentrated spots which affect an area of more than three-eighths inch in diameter.2

2The area refers to that of a circle of the specified diameter.

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§51.1279   Seriously misshapen.

Seriously misshapen means that the pear is excessively flattened or elongated for the variety, or is constricted or deformed so it will not cut three fairly uniform good quarters, or is so badly misshapen that the appearance is seriously affected.

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§51.1280   Serious damage.

Serious damage means any injury or defect which seriously affects the appearance, or the edible or shipping quality.

(a) Russeting which in the aggregate exceeds the following shall be considered as serious damage:

(1) On all varieties, excessively rough russeting (russeting which shows “frogging” or slight cracking) when the aggregate area exceeds three-fourths inch in diameter.2

(2) On all varieties, thick russeting such as is characteristic of frost injury, 15 percent of the surface.

(b) Any one of the following defects or combination thereof, the seriousness of which exceeds the maximum allowed for any one defect, shall be considered as serious damage:

(1) Limbrubs which are more than slightly cracked, or excessively rough limbrubs or dark brown or black discoloration caused by limbrubs which exceeds an aggregate area of three-fourths inch in diameter. Other limbrubs which affect an aggregate area of more than one-tenth of the surface.2

(2) Hail marks or other similar depressions or scars which affect an aggregate area of more than three-fourths inch in diameter, or which materially deform or disfigure the fruit.2

(3) Drought spot when more than two in number, or where the external injury affects an aggregate area of more than three-fourths inch in diameter, or when the appearance of the flesh is seriously affected by corky tissue or brownish discoloration.2

(4) Sunburn or sprayburn where the skin is blistered, cracked or shows any brownish color, or where the shape of the pear is materially flattened, or the flesh is softened or materially changed in color, except that sprayburn of a russet character shall be considered under the definition of russeting.

(5) Insects: (i) Worm holes. More than three healed codling moth stings, of which not more than two may be over three thirty-seconds of an inch in diameter, or other insect stings affecting the appearance to an equal extent.2

(ii) Blister mite or canker worm injury which affects an aggregate area of more than three-fourths inch in diameter or which materially deforms or disfigures the fruit.2

(6) Disease: (i) Scab spots which are black and which cover an aggregate area of more than one-half inch in diameter, except that scab spots of a russet character shall be considered under the definition of russeting.2

(ii) Sooty blotch which is thinly scattered over more than 15 percent of the surface, or dark, heavily concentrated spots which affect an area of more than three-fourths inch in diameter.2

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Subpart—United States Standards for Winter Pears1

1Packing of the product in conformity with the requirements of these standards shall not excuse failure to comply with the provisions of the Federal Food, Drug, and Cosmetic Act.

Source: 20 FR 5752, Aug. 10, 1955, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981.

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General

§51.1300   General.

These standards apply to varieties such as Anjou, Bosc, Winter Nelis, Comice, Flemish Beauty and other similar varieties.

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Grades

§51.1301   U.S. Extra No. 1.

“U.S. Extra No. 1” consists of pears of one variety which are mature, but not overripe, carefully hand-picked, clean, well formed, free from decay, internal breakdown, scald, freezing injury, worm holes, black end, hard end, drought spot, and free from injury caused by russeting, limbrubs, hail, scars, cork spot, sunburn, sprayburn, stings or other insect injury, or mechanical or other means, except that they shall be free from damage caused by bruises, broken skins, or disease. (See §§51.1306 and 51.1309.)

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§51.1302   U.S. No. 1.

“U.S. No. 1” consists of pears of one variety which are mature, but not over-ripe, carefully hand-picked, clean, fairly well formed, free from decay, internal breakdown, scald, freezing injury, worm holes, black end, and from damage caused by hard end, bruises, broken skins, russeting, limbrubs, hail, scars, cork spot, drought spot, sunburn, sprayburn, stings or other insect injury, disease, or mechanical or other means. (See §§51.1306 and 51.1309.)

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§51.1303   U.S. Combination.

A combination of U.S. No. 1 and U.S. No. 2 may be packed. When such a combination is packed, at least 50 percent of the pears in any container shall meet the requirements of U.S. No. 1. (See §§51.1306 and 51.1309.)

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§51.1304   U.S. No. 2.

“U.S. No. 2” consists of pears of one variety which are mature, but not overripe, carefully hand-picked, clean, not seriously misshapen, free from decay, internal breakdown, scald, freezing injury, worm holes, black end, and from damage caused by hard end, or broken skins. The pears shall also be free from serious damage caused by bruises, russeting, limbrubs, hail, scars, cork spot, drought spot, sunburn, sprayburn, stings or other insect injury, disease, or mechanical or other means. (See §§51.1306 and 51.1309.)

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Unclassified

§51.1305   Unclassified.

“Unclassified” consists of pears which have not been classified in accordance with any of the foregoing grades. The term “unclassified” is not a grade within the meaning of these standards, but is provided as a designation to show that no grade has been applied to the lot.

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Tolerances

§51.1306   Tolerances.

(a) In order to allow for variations incident to proper grading and handling, not more than a total of 10 percent of the pears in any lot may fail to meet the requirements of grade: Provided, That not more than 5 percent shall be seriously damaged by insects, and not more than 1 percent shall be allowed for decay or internal breakdown.

(b) When applying the foregoing tolerances to the combination grade no part of any tolerance shall be used to reduce the percentage of U. S. No. 1 pears required in the combination, but individual containers may have not more than 10 percent less than the percentage of U.S. No. 1 required: Provided, That the entire lot averages within the percentage specified.

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Application of Tolerances

§51.1307   Application of tolerances.

(a) The contents of individual packages in the lot, based on sample inspection, are subject to the following limitations, provided the averages for the entire lot are within the tolerances specified for the grade:

(1) For packages which contain more than 10 pounds, and a tolerance of 10 percent or more is provided, individual packages in any lot shall have not more than one and one-half times the tolerance specified. For packages which contain more than 10 pounds and a tolerance of less than 10 percent is provided, individual packages in any lot shall have not more than double the tolerance specified, except that at least one pear which is seriously damaged by insects or affected by decay or internal breakdown may be permitted in any package.

(2) For packages which contain 10 pounds or less, individual packages in any lot are not restricted as to the percentage of defects or off-size: Provided, That not more than four times the tolerance specified may be permitted in any package for pears which are seriously damaged by insects or affected by decay or internal breakdown except that at least one defective pear may be permitted in any package.

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Basis for Calculating Percentages

§51.1308   Basis for calculating percentages.

(a) When the numerical count is marked in the container or when pears are packed in a container to weigh 5 pounds or less, percentages shall be calculated on the basis of count.

(b) When the minimum diameter or minimum and maximum diameters are marked on a container packed to weigh more than 5 pounds or when the pears are jumbled in a container packed to weigh more than 5 pounds, percentages shall be calculated on the basis of weight or an equivalent basis.

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Condition After Storage or Transit

§51.1309   Condition after storage or transit.

Decay, scald or other deterioration which may have developed on pears after they have been in storage or transit shall be considered as affecting condition and not the grade.

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Standard Pack

§51.1310   Sizing.

(a) The numerical count, or the minimum size of the pears packed in closed containers shall be indicated on the package. The number of pears in the box shall not vary more than 3 from the number indicated on the box.

(b) When the numerical count is marked on western standard pear boxes the pears shall not vary more than three-eighths inch in their transverse diameter for counts 120 or less; one-fourth inch for counts 135 to 180, inclusive; and three-sixteenths inch for counts 193 or more.

(c) When the numerical count is marked on western standard half boxes or special half boxes packed three tiers deep, the pears shall not vary more than three-eighths inch for coutns 75 or less; one-fourth inch for counts 80 to 110, inclusive; and three-sixteenths inch for counts 115 or more.

(d) When the numerical count is marked on western standard half boxes or special half boxes packed two tiers deep, the pears shall not vary more than three-eighths inch for counts 50 or less; one-fourth inch for counts 55 to 70, inclusive; and three-sixteenths inch for counts 80 or more.

(e) When the numerical count is not shown, the minimum size shall be plainly stamped, stenciled or otherwise marked on the container in terms of whole inches, whole and half inches, whole and quarter inches, or whole and eighth inches, as 212 inches minimum, 214 inches minimum, or 258 inches minimum, in accordance with the facts. It is suggested that both minimum and maximum sizes be marked on the container, as 214 to 234 inches, 212 to 234 inches, as such marking is especially desirable for pears marketed in the export trade.

(f) “Size” means the greatest transverse diameter of the pear taken at right angles to a line running from the stem to the blossom end.

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§51.1311   Packing.

(a) Each package shall be packed so that the pears in the shown face shall be reasonably representative in size and quality of the contents of the package.

(b) Pears packed in any container shall be tightly packed. All packages shall be well filled but the contents shall not show excessive or unnecessary bruising because of overfilled packages.

(c) Pears packed in boxes shall be arranged in containers according to the approved and recognized methods with the pears packed lengthwise. A bridge shall not be allowed in any standard pack. When wrapped, each pear shall be fairly well enclosed by its individual wrapper.

(d) Pears packed in round stave bushel baskets, tubs, or in barrels shall be ring faced.

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§51.1312   Tolerances for standard pack.

(a) In order to allow for variations incident to proper sizing, not more than 5 percent of the pears in any lot may fail to meet the size requirements: Provided, That when the maximum and minimum sizes are both stated, an additional 10 percent tolerance shall be allowed for pears which are larger than the maximum size stated.

(b) In order to allow for variations incident to proper packing, not more than 10 percent of the containers in any lot may fail to meet these requirements but no part of this tolerance shall be allowed for bridge packs, or for packs with different sizes and arrangements such as layers of 195 size and arrangement, and layers of 180 size and arrangement packed in the same box.

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Definitions

§51.1313   Mature.

(a) Mature means that the pear has reached the stage of maturity which will insure the proper completion of the ripening process.

(b) Before a mature pear becomes overripe it will show varying degrees of firmness depending upon the stage of the ripening process. Therefore, a statement of firmness should be given in order to indicate the stage of the ripening process. A description of the ground color should also be given.

(1) The following terms should be used for describing the ground color: Green, Light Green, Yellowish Green, and Yellow.

(2) The following terms should be used for describing the firmness of pears:

(i) Hard means that the flesh of the pear is solid and does not yield appreciably even to considerable pressure.

(ii) Firm means that the flesh of the pear is fairly solid but yields somewhat to moderate pressure.

(iii) Firm ripe means that the flesh of the pear yields readily to moderate pressure.

(iv) Ripe means that the pear is at the stage where it is in its most desirable condition for eating.

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§51.1314   Overripe.

Overripe means dead ripe, very mealy or soft, past commercial utility.

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§51.1315   Carefully hand-picked.

Carefully hand-picked means that the pears do not show evidence of rough handling or of having been on the ground.

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§51.1316   Clean.

Clean means free from excessive dirt, dust, spray residue or other foreign material.

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§51.1317   Well formed.

Well formed means having the shape characteristic of the variety. Slight irregularities of shape from type which do not appreciably detract from the general appearance of the fruit shall be considered well formed.

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§51.1318   Black end.

Black end is evidenced by an abnormally deep green color around the calyx, or black spots usually occurring on the one-third of the surface nearest to the calyx, or by an abnormally shallow calyx cavity.

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§51.1319   Injury.

Injury means any blemish or defect, that more than slightly affects the appearance, or the edible or shipping quality. The following shall be considered as injury:

(a) Russeting which exceeds the following shall be considered as injury:

(1) On all varieties any excessively rough russeting (russeting which shows “frogging” or slight cracking).

(2) On Comice, and on Anjou and other smooth-skinned varieties, slightly rough russeting, or thick russeting, such as is characteristic of frost injury, when the aggregate area exceeds one-half inch in diameter.2

(3) On Anjou and other smooth-skinned varieties, smooth solid russeting when the aggregate area exceeds one-half inch in diameter and smooth net-like russeting when the aggregate area exceeds 15 percent of the surface, and on Comice, smooth solid or smooth netlike russeting when the aggregate area exceeds one-third of the surface, except that, in addition, on these and similar varieties, any amount of characteristic smooth russeting shall be permitted on that portion of the calyx end not visible for more than one-half inch along the contour of the pear, when it is placed calyx end down on a flat surface.2

(4) On any of the following and other similar varieties, rough or thick russeting such as is characteristic of frost injury when the aggregate area exceeds one-half inch in diameter.2 On any of these varieties any amount of characteristic russeting is permitted whether due to natural causes such as weather or stimulated by artificial means; leaf whips or light limbrubs which resemble and blend into russeted areas shall be considered as russet:

Bosc, Clairgeau, Easter Beurre, Flemish Beauty, Kieffer, P. Barry, Pound, Seckel, Sheldon, Winter Nelis, and other similar varieties.

(b) Any one of the following defects or any combination thereof, the seriousness of which exceeds the maximum allowed for any one defect, shall be considered as injury:

(1) Limbrubs which are cracked, softened, more than very slightly depressed, not light in color, or exceeding an aggregate area of three-fourths inch in diameter.2

(2) Hail marks or other similar depressions or scars which are not very shallow or superficial, or which affect an aggregate area of more than one-fourth inch in diameter.2

(3) Cork spot when a pear shows depressions or the flesh of the pear is more than slightly affected.

(4) Sunburn or sprayburn if the normal color of the fruit has been materially changed, or if the skin is blistered or cracked, or the flesh softened or discolored.

(5) More than two healed slight stings or depressions, or any stings which materially affect the general appearance of the fruit.

(6) Blister mite or canker worm injury which is not very shallow and superficial or where the injury affects an aggregate area of more than one-fourth inch.2

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§51.1320   Fairly well formed.

Fairly well formed means that the pear may be slightly abnormal in shape but not to an extent which detracts materially from the appearance of the fruit. Winter Nelis pears with characteristic slight sutures or with slight flattening on one side and/or other slight irregularities which do not materially detract from the general appearance of the pear shall be considered fairly well formed.

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§51.1321   Damage.

Damage means any injury or defect which materially affects the appearance, or the edible or shipping quality.

(a) Hard end shall be considered as damage if the pear shows an abnormally yellow color at the blossom end, or an abnormally smooth rounded base with little or no depression at the calyx, or if the flesh near the calyx is abnormally dry and tough or woody.

(b) Slight handling bruises and package bruises such as are incident to good commercial handling in the preparation of a tight pack shall not be considered damage.

(c) Any pear with one skin break larger than three-sixteenths inch in diameter of depth, or with more than one skin break one-eighth inch or larger in diameter or depth, shall be considered damaged, and scored against the grade tolerance.2

(1) Small inconspicuous skin breaks, less than one-eighth inch in diameter or depth, shall not be considered damage. In addition, not more than 15 percent of the pears in any container may have not more than one skin break from one-eighth inch to three-sixteenths inch, inclusive, in diameter or depth.2

(d) Russeting which exceeds the following shall be considered as damage:

(1) On all varieties excessively rough russeting (russeting which shows “frogging” or slight cracking) when the aggregate area exceeds one-half inch in diameter.2

(2) On Anjou and other smooth-skinned varieties, slightly rough russeting, or thick russeting such as is characteristic of frost injury, when the aggregate area exceeds three-fourths inch in diameter.2

(3) On Anjou, smooth solid or smooth netlike russeting when the aggregate area exceeds one-third of the surface, and on other smooth-skinned varieties, 15 percent of the surface, except that, in addition, on Anjou and other smooth-skinned varieties, any amount of characteristic smooth russeting shall be permitted on that portion of the calyx end not visible for more than one-half inch along the contour of the pear, when it is placed calyx end down on a flat surface.

(4) On any of the following and other similar varieties, rough or thick russeting such as is characteristic of frost injury, when the aggregate area exceeds three-fourths inch in diameter. On any of these varieties any amount of characteristic russeting is permitted whether due to natural causes such as weather or stimulated by artificial means; leaf whips or light limbrubs which resemble and blend into russeted areas shall be considered as russet:

Bosc, Clairgeau, Comice, Easter Beurre, Flemish Beauty, Kieffer, P. Barry, Pound, Seckel, Sheldon, Winter Nelis, and other similar varieties.

(e) Any one of the following defects or any combination thereof, the seriousness of which exceeds the maximum allowed for any one defect, shall be considered as damage:

(1) Any limbrubs which are cracked, softened, or more than slightly depressed.

(2) Black discoloration caused by limbrubs which exceeds an aggregate area of three-eighths inch in diameter.

(3) Dark brown discoloration or excessive roughness caused by limbrubs which exceeds an aggregate area of one-half inch in diameter.

(4) Slightly rough, light colored discoloration caused by limbrubs which exceeds an aggregate area of three-fourths inch in diameter.

(5) Smooth, light colored discoloration caused by limbrubs which exceeds an aggregate area of 1 inch in diameter.2

(6) Hail marks or other similar depressions or scars which are not shallow or superficial, or where the injury affects an aggregate area of more than three-eighths inch in diameter.2

(7) Cork spot when more than one in number is visible externally or when the flesh is materially affected.

(8) Drought spot when more than one in number, or when the external injury exceeds an aggregate area of three-eighths inch in diameter, or when the appearance of the flesh is materially affected by corky tissue or brownish discoloration.2

(9) Sunburn or sprayburn where the skin is blistered, cracked, or shows any light tan or brownish color, or the shape of the pear is appreciably flattened, or the flesh is appreciably softened or changed in color, except that sprayburn of a russet character shall be considered under the definition of russeting.

(10) Insects: (i) More than two healed codling moth stings, or any insect sting which is over three thirty-seconds of an inch in diameter, or other insect stings affecting the appearance to an equal extent.2

(ii) Blister mite or canker worm injury which is not shallow or superficial, or where the injury affects an aggregate area of more than three-eighths inch in diameter.2

(11) Disease: (i) Scab spots which are black and which cover an aggregate area of more than one-fourth inch in diameter, except that scab spots of a russet character shall be considered under the definition of russeting.2

(ii) Sooty blotch which is thinly scattered over more than 5 percent of the surface, or dark, heavily concentrated spots which affect an area of more than three-eighths inch in diameter.2

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§51.1322   Seriously misshapen.

Seriously misshapen means that the pear is excessively flattened or elongated for the variety, or is constricted or deformed so it will not cut three fairly uniform good quarters, or is so badly misshapen that the appearance is seriously affected.

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§51.1323   Serious damage.

Serious damage means any injury or defect which seriously affects the appearance, or the edible or shipping quality.

(a) Russeting which in the aggregate exceeds the following shall be considered as serious damage:

(1) On all varieties, excessively rough russeting (russeting which shows “frogging” or slight cracking) when the aggregate area exceeds three-fourths inch in diameter.2

(2) On all varieties, thick russeting such as is characteristic of frost injury, 15 percent of the surface.

(3) On Anjou, smooth solid or smooth netlike russeting when the aggregate area exceeds two-thirds of the surface, except that, in addition, any amount of characteristic smooth russeting shall be permitted on that portion of the calyx end not visible for more than one-half inch along the contour of the pear, when it is placed calyx end down on a flat surface. On Flemish Beauty smooth russeting shall be permitted on the entire surface.

(b) Any one of the following defects or combination thereof, the seriousness of which exceeds the maximum allowed for any one defect, shall be considered as serious damage:

(1) Limbrubs which are more than slightly cracked, or excessively rough limbrubs or dark brown or black discoloration caused by limbrubs which exceeds an aggregate area of three-fourths inch in diameter.2

(2) Other limbrubs which affect an aggregate area of more than one-tenth of the surface.

(3) Hail marks or other similar depressions or scars which affect an aggregate area of more than three-fourths inch in diameter, or which materially deform or disfigure the fruit.2

(4) Cork spot when more than two in number are visible externally or when the flesh is seriously affected.

(5) Drought spot when more than two in number, or where the external injury affects an aggregate area of more than three-fourths inch in diameter, or when the appearance of the flesh is seriously affected by corky tissue or brownish discoloration.2

(6) Sunburn or sprayburn where the skin is blistered, cracked or shows any brownish color, or where the shape of the pear is materially flattened, or the flesh is softened or materially changed in color, except that sprayburn of a russet character shall be considered under the definition of russeting.

(7) Insects: (i) Worm holes. More than three healed codling moth stings, of which not more than two may be over three thirty-seconds of an inch in diameter, or other insect stings affecting the appearance to an equal extent.2

(ii) Blister mite or canker worm injury which affects an aggregate area of more than three-fourths inch in diameter or which materially deforms or disfigures the fruit.2

(8) Disease: (i) Scab spots which are black, and which cover an aggregate area of more than one-half inch in diameter, except that scab spots of a russet character shall be considered under the definition of russeting.2

(ii) Sooty blotch which is thinly scattered over more than 15 percent of the surface, or dark heavily concentrated spots which affect an area of more than three-fourths inch in diameter.2

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Subpart—United States Standards for Pears for Canning

Source: 35 FR 6957, May 1, 1970, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981.

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General

§51.1345   General.

All percentages shall be calculated on the basis of weight.

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Grades

§51.1346   U.S. No. 1.

“U.S. No. 1” consists of pears of one variety which are mature, handpicked, firm, well formed, free from scald, hard end, black end, internal breakdown, decay, worms and worm holes, and from damage caused by broken skins, limbrubs, sprayburn, sunburn, scab, russeting, bruises, hail, frost, drought spot, disease, insects, mechanical or other means. Unless otherwise specified, the pears shall not be further advanced than yellowish green. Tree-ripened pears and pears grown from late blooms shall not be considered as meeting the requirements of this grade. (See §§51.1349 and 51.1350.)

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§51.1347   U.S. No. 2.

“U.S. No. 2” consists of pears of one variety which are mature, handpicked, firm, not seriously deformed, free from scald, hard end, black end, internal breakdown, decay, worms and worm holes, and free from serious damage by any other cause. Unless otherwise specified, the pears shall not be further advanced than yellowish green. Tree-ripened pears and pears grown from late blooms shall not be considered as meeting the requirements of this grade. (See §§51.1349 and 51.1350.)

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Culls

§51.1348   Culls.

“Culls” are pears which do not meet the requirements of either of the foregoing grades.

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Size

§51.1349   Size.

Size may be specified in connection with a grade by agreement between buyer and seller and stated in terms of minimum diameter or minimum and maximum diameters. Diameters shall be specified in inches and not less than eighth-inch fractions thereof. In addition, size may be stated in terms of ratio of length to diameter.

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Application of Standards

§51.1350   Application of standards.

(a) Tolerances shall not apply in the application of the standards to determine the percentages of U.S. No. 1 and U.S. No. 2 quality, culls and off-size in a lot of pears; for example, when determining compliance with a grower-processor contract.

(b) Tolerances. The following tolerances, by weight, shall apply when a lot of pears has been sorted to meet a specific grade, such as a shipment to a processor which is intended to meet the requirements of the U.S. No. 1 grade:

(1) For defects. 10 percent for pears which fail to meet the requirements of the grade: Provided, That included in this amount not more than the following percentages shall be allowed for the defects listed:

(i) 2 percent for pears which are affected by decay.

(ii) 5 percent for pears which are infested by worms or have worm holes.

(2) For off-size. 5 percent for pears which are smaller than any specified minimum size, and 10 percent for pears larger than any specified maximum size.

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Definitions

§51.1351   Mature.

Mature means that the pear has reached the stage of maturity which will insure the proper completion of the ripening process.

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§51.1352   Handpicked.

Handpicked means that the pears do not show evidence of having been on the ground.

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§51.1353   Firm.

Firm means that the pear is fairly solid and yields only very slightly to moderate pressure, and is not wilted, shriveled, rubbery or flabby.

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§51.1354   Well formed.

Well formed means that the pear has the shape characteristic of the variety, so that after paring, cutting in halves, and coring, each half of the pear shall be well formed. Bartlett pears shall have at least a fairly well developed neck.

[35 FR 6958, May 1, 1970, as amended at 35 FR 7249, May 8, 1970. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981]

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§51.1355   Damage.

Damage means any injury or defect which materially affects the processing quality of the fruit. After paring, cutting in halves, and coring, each half of the pear shall be well formed or the pear is considered damaged. Pears showing surface blemishes shall be considered damaged when the injury cannot be completely removed in the ordinary process of paring for commercial use.

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§51.1356   Pears grown from late blooms.

Pears grown from late blooms. Such pears often have excessively long stems (commonly termed “rat tails”), or may be misshapen or slightly rough. Such pears do not ripen properly for ordinary canning use.

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§51.1357   Seriously deformed.

Seriously deformed means that the pear is so badly misshapen as to cause a loss during the usual commercial preparation for use of over 20 percent, by weight, of the pear in excess of that which would occur if the pear were well formed. Round or apple-shaped pears shall not be considered seriously deformed.

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§51.1358   Serious damage.

Serious damage means any injury or defect which cannot be removed during the usual commercial preparation for use without a loss of over 20 percent, by weight, of the pear in excess of that which would occur if the pear were not defective.

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§51.1359   Diameter.

Diameter means the greatest dimension of the pear taken at right angles to a line running from the stem to the blossom end.

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Subpart—United States Standards for Grades of Pecans in the Shell1

1Packing of the product in conformity with the requirements of these standards shall not excuse failure to comply with the provisions of the Federal Food, Drug, and Cosmetic Act or with applicable State laws and regulations.

Source: 41 FR 39303, Sept. 15, 1976, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981.

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Grades

§51.1400   U.S. No. 1.

“U.S. No. 1” consists of pecans in the shell which meet the following requirements:

(a) Free from loose extraneous or foreign material.

(b) Shells are: (1) Fairly uniform in color; and,

(2) Free from damage by any cause.

(c) Kernels are: (1) Free from damage by any cause.

(d) For tolerances see §51.1404.

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§51.1401   U.S. No. 2.

The requirements for this grade are the same as for U.S. No. 1 except for:

(a) No requirement for uniformity of color of shells; and,

(b) Increased tolerances for defects see §51.1404.

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Size Classification

§51.1402   Size classification.

Size of pecans may be specified in connection with the grade in accordance with one of the following classifications. To meet the requirements for any one of these classifications, the lot must conform to both the specified number of nuts per pound and the weight of the 10 smallest nuts per 100 nut sample.

Size classificationNumber of nuts per poundMinimum weight of the 10 smallest nuts in a 100-nut sample
Oversize
Extra large
Large
Medium
Small
55 or less
56 to 63
64 to 77
78 to 95
96 to 120
In each classification, the 10 smallest nuts per 100 must weigh at least 7 pct of the total weight of a 100-nut sample.

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Kernel Color Classification

§51.1403   Kernel color classification.

(a) The skin color of pecan kernels may be described in terms of the color classifications provided in this section. When the color of kernels in a lot generally conforms to the “light” or “light amber” classification, that color classification may be used to describe the lot in connection with the grade.

(1) “Light” means that the outer surface of the kernel is mostly golden color or lighter, with not more than 25 percent of the outer surface darker than golden, none of which is darker than light brown.

(2) “Light amber” means that more than 25 percent of the outer surface of the kernel is light brown, with not more than 25 percent of the outer surface darker than light brown, none of which is darker than medium brown.

(3) “Amber” means that more than 25 percent of the outer surface of the kernel is medium brown, with not more than 25 percent of the outer surface darker than medium brown, none of which is darker than dark brown (very dark-brown or blackish-brown discoloration).

(4) “Dark amber” means that more than 25 percent of the outer surface of the kernel is dark brown, with not more than 25 percent of the outer surface darker than dark brown (very dark-brown or blackish-brown discoloration).

(b) U.S. Department of Agriculture kernel color standards, PEC-MC-1, illustrate the color intensities implied by the terms “golden,” “light brown,” “medium brown,” and “dark brown” referred to in paragraph (a) of this section.

[41 FR 39303, Sept. 15, 1976. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 83 FR 50476, Oct. 9, 2018]

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Tolerances

§51.1404   Tolerances.

In order to allow the variations incident to proper grading and handling in each of the foregoing grades, the following tolerances are provided as specified:

(a) U.S. No. 1—(1) For shell defects, by count. (i) 5 percent for pecans with damaged shells, including therein not more than 2 percent for shells which are seriously damaged.

(2) For kernel defects, by count. (i) 12 percent for pecans with kernels which fail to meet the requirements for the grade or any specified color classification, including therein not more than 7 percent for kernels which are seriously damaged: Provided, That not more than six-sevenths of this amount, or 6 percent, shall be allowed for kernels which are rancid, moldy, decayed or injured by insects: And provided further, That included in this 6 percent tolerance not more than one-half of one percent shall be allowed for pecans with live insects inside the shell.

(ii) In addition, 8 percent for kernels which fail to meet the color requirements for the grade or for any specified color classification, but which are not seriously damaged by dark discoloration of the skin: Provided, That these kernels meet the requirements for the grade other than for skin color.

(3) For loose extraneous or foreign material, by weight. (i) 0.5 percent (one-half of 1 percent).

(b) U.S. No. 2—(1) For shell defects, by count. (i) 10 percent for pecans with damaged shells, including therein not more than 3 percent for shells which are seriously damaged.

(2) For kernel defects, by count. (i) 30 percent for pecans with kernels which fail to meet the requirements of the U.S. No. 1 grade, including therein not more than 10 percent for pecans with kernels which are seriously damaged: Provided, That not more than seven-tenths of this amount, or 7 percent, shall be allowed for kernels which are rancid, moldy, decayed or injured by insects: And provided further, That included in this 7 percent tolerance not more than one-half of one percent shall be allowed for pecans with live insects inside the shell.

(3) For loose extraneous or foreign material, by weight. (i) 0.5 percent (one-half of 1 percent).

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Application of Tolerances

§51.1405   Application of tolerances.

Individual 100-count samples shall have not more than one and one-half times a specified tolerance of 5 percent or more and not more than double a tolerance of less than 5 percent, except that at least one pecan which is seriously damaged by live insects inside the shell is permitted: Provided, That the averages for the entire lot are within the tolerances specified for the grade.

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Sample for Grade or Size Determination

§51.1406   Sample for grade or size determination.

Each sample shall consist of 100 pecans. The individual sample shall be drawn at random from a sufficient number of packages to form a 100-count composite sample. The number of such individual 100-count samples drawn for grade or size determination will vary with the size of the lot. When practicable, at point of packaging the sample may be obtained from the grading belt after sorting has been completed.

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Definitions

§51.1407   Fairly uniform in color.

Fairly uniform in color means that the shells do not show sufficient variation in color to materially detract from the general appearance of the lot.

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§51.1408   Loose extraneous or foreign material.

Loose extraneous or foreign material means loose hulls, empty broken shells, or any substance other than pecans in the shell or pecan kernels.

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§51.1409   Well developed.

Well developed means that the kernel has a large amount of meat in proportion to its width and length (see Figure 1).

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§51.1410   Fairly well developed.

Fairly well developed means that the kernel has at least a moderate amount of meat in proportion to its width and length. Shriveling and hollowness shall be considered only to the extent that they have reduced the meatiness of the kernel (see Figure 1).

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§51.1411   Poorly developed.

Poorly developed means that the kernel has a small amount of meat in proportion to its width and length (see Figure 1).

eCFR graphic ec02se91.046.gif

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§51.1412   Well cured.

Well cured means that the kernel separates freely from the shell, breaks cleanly when bent, without splintering, shattering, or loosening the skin; and the kernel appears to be in good shipping or storage condition as to moisture content.

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§51.1413   Damage.

Damage means any specific defect described in this section; or an equally objectionable variation of any one of these defects, or any other defect, or any combination of defects, which materially detracts from the appearance or the edible or marketing quality of the individual pecan or the general appearance of the pecans in the lot. The following defects shall be considered as damage:

(a) Adhering hull material or dark stains affecting an aggregate of more than 5 percent of the surface of the individual shell;

(b) Split or cracked shells when the shell is spread apart or will spread upon application of slight pressure;

(c) Broken shells when any portion of the shell is missing;

(d) Kernels which are not well cured;

(e) Poorly developed kernels;

(f) Kernels which are dark amber in color;

(g) Kernel spots when more than one dark spot is present on either half of the kernel, or when any such spot is more than one-eighth inch (3 mm) in greatest dimension;

(h) Adhering material from the inside of the shell when firmly attached to more than one-third of the outer surface of the kernel and contrasting in color with the skin of the kernel; and,

(i) Internal flesh discoloration of a medium shade of gray or brown extending more than one-fourth inch (6 mm) lengthwise beneath the center ridge, or any equally objectionable amount in other portions of the kernel; or lesser areas of dark discoloration affecting the appearance to an equal or greater extent.

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§51.1414   Serious damage.

Serious damage means any specific defect described in this section; or an equally objectionable variation of any one of these defects, or any other defect, or any combination of defects, which seriously detracts from the appearance or the edible or marketing quality of the individual pecan. The following defects shall be considered as serious damage:

(a) Adhering hull material or dark stains affecting an aggregate of more than 20 percent of the individual shell;

(b) Broken shells when the missing portion of shell is greater in area than a circle one-fourth inch (6 mm) in diameter;

(c) Worm holes when penetrating the shell;

(d) Rancidity when the kernel is distinctly rancid to the taste. Staleness of flavor shall not be classed as rancidity;

(e) Mold, on the surface or inside the kernel, which is plainly visible without magnification;

(f) Decay affecting any portion of the kernel;

(g) Insect injury when the insect, web or frass is present inside the shell, or the kernal shows distinct evidence of insect feeding;

(h) Kernel spots when more than three dark spots on either half of the kernel, or when any spot or the aggregate of two or more spots on one of the halves of the kernel affects more than 10 percent of the surface;

(i) Dark discoloration of the skin which is darker than dark amber over more than 25 percent of the outer surface of the kernel;

(j) Internal flesh discoloration of a dark shade extending more than one-third the length of the kernel beneath the ridge, or an equally objectionable amount of dark discoloration in other portions of the kernel; and,

(k) Undeveloped kernels having practically no food value, or which are blank (complete shell containing no kernel).

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§51.1415   Inedible kernels.

Inedible kernels means that the kernel or pieces of kernels are rancid, moldy, decayed, injured by insects or otherwise unsuitable for human consumption.

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Optional Determinations

§51.1416   Optional determinations.

The determinations set forth herein are not requirements of these standards. They may be performed upon request in connection with the grade determination or as a separate determination. Samples of pecans for these determinations shall be taken at random from a composite sample drawn throughout the lot.

(a) Edible kernel content. A minimum sample of at least 500 grams of in-shell pecans shall be used for determination of edible kernel content. After the sample is weighed and shelled, edible appearing half kernels and pieces of kernels shall be separated from shells, center wall, and other non-kernel material, and inedible kernels (see §51.1415) and pieces of kernels, and weighed to determine edible kernel content for the lot.

(b) Poorly developed kernel content. A minimum sample of at least 500 grams of in-shell pecans shall be used for determination of poorly developed kernel content. The amount of poorly developed kernels and pieces of kernels shall be weighed to determine poorly developed kernel content of the lot (see §51.1411 and Figure 1).

(c) Edible kernel content color classification. The amount of “Light,” “Light amber,” “Amber,” “Dark amber” and darker shades of skin color shall be determined according to §51.1403, Kernel Color Classification. The total weight of edible kernels and pieces of kernels shall be the basis for determining color classification content for the lot.

(d) Kernel moisture content. The sample of pecans for determination of kernel moisture content shall be shelled immediately before analysis and all shells, center wall and other non-kernel material removed. The air-oven or other methods or devices which give equivalent results shall be used for moisture content determination.

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Subpart—United States Standards for Grades of Shelled Pecans

Source: 34 FR 9377, June 14, 1969, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981.

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Grades

§51.1430   U.S. No. 1 Halves.

“U.S. No. 1 Halves” consists of pecan half-kernels which meet the following requirements:

(a) For quality:

(1) Well dried;

(2) Fairly well developed;

(3) Fairly uniform in color;

(4) Not darker than “amber” skin color;

(5) Free from damage or serious damage by any cause;

(6) Free from pieces of shell, center wall and foreign material; and,

(7) Comply with tolerances for defects (see §51.1439); and,

(b) For size:

(1) Halves are fairly uniform in size;

(2) Halves conform to size classification or count specified; and,

(3) Comply with tolerances for pieces, particles, and dust (see §51.1437).

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§51.1431   U.S. No. 1 Halves and Pieces.

The requirements for this grade are the same as those for U.S. No. 1 Halves except:

(a) For size:

(1) At least 50 percent, by weight, are half-kernels;

(2) Both halves and pieces will not pass through a 516 -inch round opening; and,

(3) Comply with tolerances for undersize. (See Table III.)

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§51.1432   U.S. No. 1 Pieces.

The requirements for this grade are the same as those for U.S. No. 1 Halves except:

(a) For quality:

(1) No requirement for uniformity of color; and,

(b) For size:

(1) No requirement for percentage of half-kernels;

(2) Conform to any size classification or other size description specified; and,

(3) Comply with applicable tolerances for off-size. (See Table III.)

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§51.1433   U.S. Commercial Halves.

The requirements for this grade are the same as those for U.S. No. 1 Halves except:

(a) For quality:

(1) No requirement for uniformity of color; and,

(2) Increased tolerances for defects (see §51.1439); and,

(b) For size:

(1) No requirement for uniformity of size.

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§51.1434   U.S. Commercial Halves and Pieces.

The requirements for this grade are the same as those for U.S. No. 1 Halves and Pieces except:

(a) For quality:

(1) No requirement for uniformity of color; and,

(2) Increased tolerances for defects. (See §51.1439.)

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§51.1435   U.S. Commercial Pieces.

The requirements for this grade are the same as those for U.S. No. 1 Pieces except for:

(a) Increased tolerances for defects. (See §51.1439.)

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Color Classifications

§51.1436   Color classifications.

(a) The skin color of pecan kernels may be described in terms of the color classifications provided in this section. When the color of kernels in a lot generally conforms to the “light” or “light amber” classification, that color classification may be used to describe the lot in connection with the grade.

(1) “Light” means that the kernel is mostly golden color or lighter, with not more than 25 percent of the surface darker than golden, and none of the surface darker than light brown.

(2) “Light amber” means that the kernel has more than 25 percent of its surface light brown, but not more than 25 percent of the surface darker than light brown, and none of the surface darker than medium brown.

(3) “Amber” means that the kernel has more than 25 percent of the surface medium brown, but not more than 25 percent of the surface darker than medium brown, and none of the surface darker than dark brown (very dark-brown or blackish-brown discoloration).

(4) “Dark amber” means that the kernel has more than 25 percent of the surface dark brown, but not more than 25 percent of the surface darker than dark brown (very dark-brown or blackish-brown discoloration).

(b) U.S. Department of Agriculture kernel color standards, PEC-MC-1, illustrate the color intensities implied by the terms “golden,” “light brown,” “medium brown,” and “dark brown” referred to in paragraph (a) of this section.

[34 FR 9377, June 14, 1969. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 83 FR 50476, Oct. 9, 2018]

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Size Classifications

§51.1437   Size classifications for halves.

The size of pecan halves in a lot may be specified in accordance with one of the size classifications shown in Table I:

Table I

Size classifications for halvesNumber of halves per pound
Mammoth250 or less.
Junior mammoth251-300.
Jumbo301-350.
Extra large351-450.
Large451-550.
Medium551-650.
Small (topper)651-750.
Extra small751 or more.

(a) The number of halves per pound shall be based upon the weight of half-kernels after all pieces, particles and dust, shell, center wall, and foreign material have been removed.

(b) In lieu of the size classifications in Table I, the size of pecan halves in a lot may be specified in terms of the number of halves or a range of numbers of halves per pound. For example, “400” or “600-700”.

(c) Tolerance for count per pound: In order to allow for variations incident to proper sizing, a tolerance shall be permitted as follows:

(1) When an exact number of halves per pound is specified, the actual count per pound may vary not more than 5 percent from the specified number; and,

(2) When any size classification shown in Table I or a range in count per pound is specified, no tolerance shall be allowed for counts outside of the specified range.

(d) Tolerances for pieces, particles, and dust. In order to allow for variations incident to proper sizing and handling, not more than 15 percent, by weight, of any lot may consist of pieces, particles, and dust: Provided, That not more than one-third of this amount, or 5 percent, shall be allowed for portions less than one-half of a complete half-kernel, including not more than 1 percent for particles and dust.

[34 FR 9377, June 14, 1969. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 83 FR 50477, Oct. 9, 2018]

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§51.1438   Size classifications for pieces.

The size of pecan pieces in a lot may be specified in accordance with one of the size classifications shown in Table II.

Table II

Size classificationMaximum diameter (will pass through round opening of following diameter)Minimum diameter (will not pass through round opening of following diameter) (inch)
Mammoth piecesNo limitation 816
Extra large pieces 916 inch 716
Halves and piecesNo limitation 516
Large pieces 816 inch 516
Medium pieces 616 inch 316
Small pieces 416 inch 216
Extra small pieces 316 inch 116
Granules 216 inch 116

(a) In lieu of the size classifications in Table II, the size of pieces in a lot may be specified in terms of minimum diameter, or as a range described in terms of minimum and maximum diameters expressed in sixteenths or sixty-fourths of an inch.

(b) Tolerances for size of pieces: In order to allow for variations incident to proper sizing, tolerances are provided for pieces in a lot which fail to meet the requirements of any size specified. The tolerances, by weight, are shown in Table III.

Table III

[Percent]

Size classificationTotal tolerance for offsize piecesTolerance (included in total tolerance) for pieces smaller than
216 116 inch
Mammoth pieces151
Extra large pieces151
Halves and pieces151
Large pieces151
Medium pieces152
Small pieces152
Extra small pieces152
Granules155
Other specified size151

[34 FR 9377, June 14, 1969. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 83 FR 50477, Oct. 9, 2018]

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Tolerances for Defects

§51.1439   Tolerances for defects.

In order to allow for variations incident to proper grading and handling in each of the foregoing grades, the following tolerances, by weight, are provided as specified:

(a) U.S. No. 1 Halves, U.S. No. 1 Halves and Pieces, and U.S. No. 1 Pieces grades:

(1) 0.05 percent for shell, center wall, and foreign material;

(2) 3 percent for portions of kernels which are “dark amber” or darker color, or darker than any specified lighter color classification but which are not otherwise defective; and,

(3) 3 percent for portions of kernels which fail to meet the remaining requirements of the grade, including therein not more than 0.50 percent for defects causing serious damage: Provided, That any unused portion of this tolerance may be applied to increase the tolerance for kernels which are “dark amber” or darker color, or darker than any specified lighter color classification.

(b) U.S. Commercial Halves, U.S. Commercial Halves and Pieces, and U.S. Commercial Pieces grades:

(1) 0.15 percent for shell, center wall, and foreign material;

(2) 25 percent for portions of kernels which are “dark amber” or darker color, or darker than any specified lighter color classification, but which are not otherwise defective; and,

(3) 8 percent for portions of kernels which fail to meet the remaining requirements of the grade, including therein not more than 1 percent for defects causing serious damage.

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Application of Standards

§51.1440   Application of standards.

The grade of a lot of shelled pecans shall be determined on the basis of a composite sample drawn at random from containers in various locations in the lot. However, any identifiable container or number of containers in which the pecans are obviously of a quality or size materially different from that in the majority of containers, shall be considered as a separate lot, and shall be sampled and graded separately.

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Definitions

§51.1441   Half-kernel.

Half-kernel means one of the separated halves of an entire pecan kernel with not more than one-eighth of its original volume missing, exclusive of the portion which formerly connected the two halves of the kernel.

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§51.1442   Piece.

Piece means a portion of a kernel which is less than seven-eighths of a half-kernel, but which will not pass through a round opening two-sixteenths inch in diameter.

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§51.1443   Particles and dust.

Particles and dust means, for all size designations except “extra small pieces” and “granules,” fragments of kernels which will pass through a round opening two-sixteenths inch in diameter.

[83 FR 50477, Oct. 9, 2018]

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§51.1444   Well dried.

Well dried means that the portion of kernel is firm and crisp, not pliable or leathery.

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§51.1445   Fairly well developed.

Fairly well developed means that the kernel has at least a moderate amount of meat in proportion to its width and length. (See Figure 1.)

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§51.1446   Poorly developed.

Poorly developed means that the kernel has a small amount of meat in proportion to its width and length. (See Figure 1.)

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§51.1447   Fairly uniform in color.

Fairly uniform in color means that 90 percent or more of the kernels in the lot have skin color within the range of one or two color classifications.

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§51.1448   Fairly uniform in size.

Fairly uniform in size means that, in a representative sample of 100 halves, the 10 smallest halves weigh not less than one-half as much as the 10 largest halves.

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§51.1449   Damage.

Damage means any specific defect described in this section; or an equally objectionable variation of any one of these defects, or any other defect, or any combination of defects, which materially detracts from the appearance or the edible or marketing quality of the individual portion of the kernel or of the lot as a whole. The following defects should be considered as damage:

(a) Adhering material from inside the shell when attached to more than one-fourth of the surface on one side of the half-kernel or piece;

(b) Dust or dirt adhering to the kernel when conspicuous;

(c) Kernel which is not well dried;

(d) Kernel which is “dark amber” or darker color;

(e) Kernel having more than one dark kernel spot, or one dark kernel spot more than one-eighth inch in greatest dimension;

(f) Shriveling when the surface of the kernel is very conspicuously wrinkled;

(g) Internal flesh discoloration of a medium shade of gray or brown extending more than one-fourth the length of the half-kernel or piece, or lesser areas of dark discoloration affecting the appearance to an equal or greater extent; and,

(h) Poorly developed kernel. (See Figure 1.)

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§51.1450   Serious damage.

Serious damage means any specific defect described in this section; or an equally objectionable variation of any one of these defects, or any other defect, or any combination of defects, which seriously detracts from the appearance or the edible or marketing quality of the individual portion of kernel or of the lot as a whole. The following defects shall be considered as serious damage:

(a) Any plainly visible mold;

(b) Rancidity when the kernel is distinctly rancid to the taste. Staleness of flavor shall not be classed as rancidity;

(c) Decay affecting any portion of the kernel;

(d) Insects, web, or frass or any distinct evidence of insect feeding on the kernel;

(e) Internal discoloration which is dark gray, dark brown, or black and extends more than one-third the length of the half-kernel or piece;

(f) Adhering material from inside the shell when attached to more than one-half of the surface on one side of the half-kernel or piece;

(g) Dark kernel spots when more than three are on the kernel, or when any dark kernel spot or the aggregate of two or more spots affect an area of more than 10 percent of the surface of the half-kernel or piece;

(h) Dark skin discoloration, darker than “dark brown,” when covering more than one-fourth of the surface of the half-kernel or piece; and,

(i) Undeveloped kernel. (See Figure 1.)

eCFR graphic ec02se91.047.gif

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Metric Conversion Table

§51.1451   Metric conversion table.

InchesMillimeters (mm)
816 12.7
716 11.1
616 9.5
516 7.9
416 6.4
316 4.8
216 3.2
664 2.4
564 2.0
116 1.6

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Subpart—United States Standards for Grades of Fresh Plums and Prunes

Source: 69 FR 9193, Feb. 27, 2004, unless otherwise noted.

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Grades

§51.1520   U.S. Fancy.

“U.S. Fancy” consists of plums or prunes of one variety which are well formed, clean, mature but not overripe or soft or shriveled; which are free from decay, sunscald, heat injury, sunburn, split pits and hail marks, and free from damage caused by broken skins, growth cracks, drought spots, gum spots, russeting, scars, other disease, insects or mechanical or other means.

(a) Italian type prunes shall be well colored and, unless otherwise specified, shall be not less than 114 inches in diameter. (See §51.1525.)

(b) [Reserved]

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§51.1521   U.S. No. 1.

“U.S. No. 1” consists of plums or prunes of one variety which are well formed, clean, mature but not overripe or soft or shriveled; which are free from decay and sunscald, and free from damage caused by broken skins, heat injury, growth cracks, sunburn, split pits, hail marks, drought spots, gum spots, russeting, scars, other disease, insects or mechanical or other means.

(a) Italian type prunes shall be fairly well colored and, unless otherwise specified, shall be not less than 114 inches in diameter. (See §51.1525.)

(b) [Reserved]

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§51.1522   U.S. Combination.

“U.S. Combination” consists of a combination of U.S. No. 1 and U.S. No. 2 plums or prunes: Provided, That at least 75 percent, by count, meet the requirements of U.S. No. 1 grade. (See §51.1525.)

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§51.1523   U.S. No. 2.

“U.S. No. 2” consists of plums or prunes of one variety which are not badly misshapen, which are clean, mature but not overripe or soft or shriveled; which are free from decay and sunscald, and free from serious damage caused by broken skins, heat injury, growth cracks, sunburn, split pits, hail marks, drought spots, gum spots, russeting, scars, other disease, insects or mechanical or other means. (See §51.1525.)

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§51.1524   [Reserved]

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Tolerances

§51.1525   Tolerances.

In order to allow for variations incident to proper grading and handling in each of the following grades, the following tolerances, by count, based on a minimum 50-count sample, except when packages contain less than 50 fruit, a minimum 25-count sample shall be examined, (when packages contain less than 25 fruit adjoining packages shall be opened to obtain the 25-count minimum sample), are provided as specified:

(a) U.S. Fancy and U.S. No. 1—(1) For defects of plums or prunes other than Italian type prunes at shipping point.1 8 percent for fruit which fails to meet the requirements of the specified grade: Provided, That included in this amount not more than 4 percent shall be allowed for defects causing serious damage, including in this latter amount not more than one-half of 1 percent for fruit which is affected by decay.

1Shipping point, as used in these standards, means the point of origin of the shipment in the producing area or at port of loading for ship stores or overseas shipment, or, in the case of shipments from outside the continental United States, the port of entry into the United States.

(2) For defects of plums or prunes other than Italian type prunes en route or at destination. 12 percent for fruit which fails to meet the requirements of the specified grade: Provided, That included in this amount not more than the following percentages shall be allowed for defects listed:

(i) 8 percent for permanent defects;

(ii) 6 percent for defects causing serious damage, including therein not more than 4 percent for serious damage by permanent defects and not more than 2 percent for decay.

(3) For defects of Italian type prunes at shipping point.1 Not more than a total of 12 percent of the fruit in any lot may fail to meet the requirements of the specified grade: Provided, That included in this amount not more than the following percentages shall be allowed for the defects listed:

(i) 10 percent for prunes which fail to meet the color requirement;

(ii) 10 percent for prunes which fail to meet the minimum diameter requirement;

(iii) 8 percent for prunes which fail to meet the remaining requirements of the grade: Provided, That not more than one-half of this amount, or 4 percent, shall be allowed for defects causing serious damage, including in the latter amount not more than one-half of 1 percent for decay.

(4) For defects of Italian type prunes en route or at destination. Not more than a total of 18 percent of the fruit in any lot may fail to meet the requirements of the specified grade: Provided, That included in this amount not more than the following percentages shall be allowed for the defects listed:

(i) 12 percent for permanent defects including therein not more than 10 percent which fail to meet the color requirement, 10 percent which fail to meet the minimum diameter requirement, and 8 percent which fail to meet the requirements of the grade because of other permanent defects;

(ii) 6 percent for defects causing serious damage, including therein not more than 4 percent for serious damage by permanent defects and not more than 2 percent for decay.

(b) U.S. Combination and U.S. No. 2—(1) For defects at shipping point.1 8 percent for fruit which fails to meet the requirements of the specified grade: Provided, That included in this amount not more than 4 percent shall be allowed for sunscald, decay or serious damage by insects or heat injury, including in this latter amount not more than one-half of 1 percent for decay.

(2) For defects en route or at destination. 12 percent for fruit which fails to meet the requirements of the specified grade: Provided, That included in this amount not more than the following percentages shall be allowed for defects listed:

(i) 8 percent for permanent defects including therein not more than 4 percent for sunscald, or serious damage by insects or heat injury; and,

(ii) 2 percent for decay.

(3) When applying the tolerance for the U.S. Combination grade individual packages may have not more than 10 percent less than the percentage of U.S. No. 1 required: Provided, That the entire lot averages within the required percentage. (See §51.1526.)

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Application of Tolerances

§51.1526   Application of tolerances.

The contents of individual packages in the lot, based on sample inspection, are subject to the following limitations:

(a) A package may contain not more than double any specified tolerance except that at least two defective and two off-size specimens may be permitted in any package: Provided, That the averages for the entire lot are within the tolerances specified for the grade.

(b) [Reserved]

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Standard Pack

§51.1527   Standard pack.

(a) Packing. (1) All packages shall be tightly packed or well filled, according to the approved and recognized methods.

(2) The plums or prunes in the top layer of any package shall be reasonably representative in quality and size of those in the remainder of the package.

(3) “Well filled” means that the plums or prunes packed in loose or volume filled containers are packed within 1 inch of the top of the container.

(4) “Tightly packed” means the plums or prunes are the proper size for the mold or cell compartments in which they are packed, and the molds or cells are filled in such a way that movement is not allowed.

(b) Marking. (1) The size of plums or prunes shall be marked on each package, and shall be indicated in terms of minimum diameter, or number of fruit per package, or in accordance with the arrangement of the top layer of fruit in the package or subcontainer. Size may also be shown in terms of maximum number of fruit for a specified weight, such as “8 per pound,” “6.4 per pound” or “723 per pound” or by a count-size designation based on the number of fruits contained in a 10 pound sample with the designation rounded to an applicable number which is divisible by 5 (example: 40 size, 45 size, 50 size, 55 size, etc.).

(i) California peach boxes, lug boxes and small consumer packages. In layer-packed California peach boxes or lug boxes, and in small layer packed consumer packages, the count of the entire contents shall be marked on the package. The number of plums or prunes in California peach boxes or lug boxes shall not vary more than 4 from the number indicated on the package. Loose filled consumer packs not in a master container shall have a count-size marked on the package or on a tag closure. Master containers of loose filled consumer packages shall have a count-size marked on the package describing the size of plums or prunes within the container.

(ii) Face and fill packs in cartons and lug boxes. In face and fill packs in cartons and lug boxes the number of rows in the face shall be marked on the packages, as “6 row,” “8 row,” etc.

(c) Sizing. (1) Not more than 5 percent, by count, of the plums or prunes in any package may vary more than one-fourth inch in diameter, except that not more than 5 percent, by count, of the plums or prunes 2-1/4 inches or larger in diameter and packed in loose or volume filled containers may vary more than three-eighths inch in diameter.

(2) When size is indicated in terms of minimum diameter, not more than 5 percent, by count, of the fruit in any package may be smaller than the size marked.

(d) Tolerance for standard pack. In order to allow for variations incident to proper sizing and packing, not more than 10 percent, by count, of the packages in any lot may fail to meet the requirements for standard pack.

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Definitions

§51.1528   Well formed.

“Well formed” means that the fruit has the shape characteristic of the variety. Doubles shall not be considered well formed.

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§51.1529   Clean.

“Clean” means that the fruit is practically free from dirt and other foreign material.

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§51.1530   Mature.

“Mature” means that the fruit has reached the stage of maturity which will insure a proper completion of the ripening process.

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§51.1531   Sunscald.

“Sunscald” means injury caused by the sun in which softening or collapse of the flesh is apparent.

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§51.1532   Damage.

“Damage” means any specific defect defined in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materially detracts from the appearance, or the edible or marketing quality of the fruit. The following specific defects shall be considered as damage:

(a) Broken skins which are unhealed except those caused by pulled stems where the skin is torn only slightly within the stem cavity. (Healed skin breaks shall be considered scars);

(b) Heat injury, sprayburn or sunburn:

(1) When the skin is blistered, cracked or decidedly flattened;

(2) When the normal color of the skin or flesh has materially changed;

(3) When there is more than one indentation; or,

(4) When an indentation exceeds three-sixteenths inch in diameter;

(c) Growth cracks:

(1) When not healed;

(2) When more than one in number;

(3) When more than one-eighth inch in depth;

(4) When more than three-eighths inch in length if within the stem cavity; or,

(5) When more than one-fourth inch in length if outside of the stem cavity;

(6) When extending from within to outside the stem cavity, when more than three-eighths inch in length if the major portion of the crack is within the stem cavity or when more than one-fourth inch in length if the major portion of the crack is outside the stem cavity;

(d) Split pit when causing any unhealed crack, or when healed and aggregating more than one-fourth inch in length, or when affecting the shape to the extent that the fruit is not well formed;

(e) Scab or bacterial spot when cracked, or when the aggregate area exceeds that of a circle one-fourth inch in diameter on a fruit 2 inches in diameter or smaller; or when the aggregate area exceeds that of a circle three-eighths inch in diameter on a fruit larger than 2 inches in diameter;

(f) Drought spots or external gum spots which have an aggregate area exceeding that of a circle one-fourth inch in diameter;

(g) Scale or scale marks when the aggregate area exceeds that of a circle one-fourth inch in diameter;

(h) Scars, including those caused by hail, when the surface of the fruit is depressed more than one-sixteenth inch, or when exceeding any of the following aggregate areas, or a combination of two or more types of scars the seriousness of which exceeds the maximum allowed for any one type:

(1) Dark or rough scars when the area exceeds that of a circle one-fourth inch in diameter on a fruit 2 inches in diameter or smaller; or when the area exceeds that of a circle three-eighths inch in diameter on a fruit larger than 2 inches in diameter.

(2) Fairly light colored, fairly smooth scars when, in the case of Italian type prunes, the area exceeds that of a circle one-half inch in diameter; or when, in the case of other types of plums, the area exceeds that of a circle one-half inch in diameter on a fruit 2 inches in diameter or smaller; or when the area exceeds that of a circle five-eighths inch in diameter on a fruit larger than 2 inches in diameter;

(3) Light colored, smooth scars when, in the case of Italian type prunes, the area exceeds one-twelfth of the fruit surface; or when, in the case of other types of plums, the area exceeds that of a circle three-fourths inch in diameter on a fruit 2 inches in diameter or smaller; or when the area exceeds that of a circle seven-eighths inch in diameter on a fruit larger than 2 inches in diameter;

(4) Twig or limb scratches which are not well healed or which have an aggregate length of more than one-half inch;

(i) Russeting which exceeds any of the following aggregate areas of any one type of russeting, or a combination of two or more types of russeting the seriousness of which exceeds the maximum allowed for any one type:

(1) Rough russeting when the area exceeds that of a circle one-fourth inch in diameter on a fruit 2 inches in diameter or smaller; or when the area exceeds that of a circle one-half inch in diameter on a fruit larger than 2 inches in diameter;

(2) Slightly rough russeting when, in the case of Italian type prunes, the area exceeds one-twelfth of the fruit surface; or when, in the case of other types of plums, the area exceeds that of a circle five-eighths inch in diameter on a fruit 2 inches in diameter or smaller; or when the area exceeds that of a circle three-fourths inch in diameter on a fruit larger than 2 inches in diameter;

(3) Fairly smooth or smooth russeting when, in the case of Italian type prunes, the area exceeds one-twelfth of the fruit surface; or when, in the case of other types of plums the area exceeds that of a circle three-fourths inch in diameter on a fruit 2 inches in diameter or smaller; or when the area exceeds that of a circle 1 inch in diameter on a fruit larger than 2 inches in diameter.

(j) Discoloration when definitely contrasting with the normal surface color of the fruit and affects more than 10 percent of the surface.

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§51.1533   Well colored.

“Well colored,” as applied to Italian type prunes, means that 95 percent of the surface of the prune is purple color.

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§51.1534   Fairly well colored.

“Fairly well colored,” as applied to Italian type prunes, means that at least three-fourths of the surface of the prune is purple color.

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§51.1535   Badly misshapen.

“Badly misshapen” means that the fruit is so malformed or rough that its appearance is seriously affected. Doubles shall be considered badly misshapen, except that doubles of Italian type prunes which have approximately equal halves shall not be considered badly misshapen.

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§51.1536   Serious damage.

“Serious damage” means any specific defect defined in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects which seriously detracts from the appearance, or the edible or marketing quality of the fruit. The following specific defects shall be considered as serious damage:

(a) Broken skins which are unhealed when aggregating more than one-eighth inch in diameter, length or depth. (Healed skin breaks shall be considered scars);

(b) Heat injury, sprayburn or sunburn:

(1) When the skin is blistered, cracked or decidedly flattened;

(2) When causing any dark discoloration of the flesh;

(3) When there are more than two indentations;

(4) When the aggregate area of indentations exceeds that of a circle three-eighths inch in diameter; or,

(5) When causing noticeable brownish or darker discoloration over more than one-fourth of the fruit surface;

(c) Growth cracks:

(1) When not healed and more than one-eighth inch in length or depth;

(2) When healed and more than three-sixteenths inch in depth;

(3) When healed and aggregating more than five-eighths inch in length if within the stem cavity; or,

(4) When healed and aggregating more than one-half inch in length if outside of the stem cavity;

(5) When extending from within to outside the stem cavity, when healed and aggregating more than five-eighths inch in length if the major portion of the crack is within the stem cavity or when healed and aggregating more than one-half inch in length if the major portion of the crack is outside the cavity;

(d) Split pit when causing any unhealed crack, or when healed and aggregating more than three-eighths inch in length, or when affecting the shape to the extent that the fruit is badly misshapen;

(e) Scab or bacterial spot, when the aggregate area exceeds that of a circle one-half inch in diameter on a fruit 2 inches in diameter or smaller; or when the aggregate area exceeds that of a circle three-fourths inch in diameter on a fruit larger than 2 inches in diameter;

(f) Drought spots or external gum spots which have an aggregate area exceeding that of a circle one-half inch in diameter;

(g) Scale or scale marks when the aggregate area exceeds that of a circle three-eighths inch in diameter;

(h) Russeting and scars, including those caused by hail, when the surface of the fruit is depressed more than three-sixteenths inch, or when exceeding any of the following aggregate areas, or a combination of two or more types of russeting or scars the seriousness of which exceeds the maximum allowed for any one type:

(1) Dark or rough scars or rough russeting when the area exceeds that of a circle three-fourths inch in diameter on a fruit 2 inches in diameter or smaller; or when the area exceeds that of a circle one inch in diameter on a fruit larger than 2 inches in diameter;

(2) Russeting and scars which are not dark or rough when the area exceeds one-fourth of the fruit surface.

(i) Soft or overripe or shriveled plums or prunes;

(j) Plums or prunes affected by decay; and

(k) Plums or prunes affected by sunscald.

(l) Discoloration when definitely contrasting with the normal surface color and affects more than 25 percent of the surface.

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§51.1537   Diameter.

“Diameter” means the greatest dimension measured at right angles to a line from the stem to blossom end of the fruit.

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Metric Conversion Table

§51.1538   Metric conversion table.

InchesMillimeters
(mm)
18 equals3.2
14 equals6.4
38 equals9.5
12 equals12.7
58 equals15.9
34 equals19.1
78 equals22.2
1 equals25.4
114 equals31.8
112 equals38.1
134 equals44.5
2 equals50.8
3 equals76.2
4 equals101.6

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Subpart—United States Standards for Grades of Potatoes1

1Packing of the product in conformity with the requirements of these standards shall not excuse failure to comply with the provisions of the Federal Food and Drug Cosmetic Act or with applicable State laws and regulations.

Source: 35 FR 18258, Dec. 1, 1970, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981.

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Grades

§51.1540   [Reserved]

§51.1541   U.S. No. 1.

“U.S. No. 1” consists of potatoes which meet the following requirements:

(a) Similar varietal characteristics, except when designated as a mixed or specialty pack;

(b) Firm;

(c) Fairly clean;2

2Potatoes in containers bearing official State Seed Certification Tags and Seals are not required to be fairly clean but shall be free from damage by dirt.

(d) Fairly well shaped;

(e) Free from:

(1) Freezing;

(2) Blackheart;

(3) Late blight, southern bacterial wilt and ring rot; and,

(4) Soft rot and wet breakdown.

(f) Free from damage by any other cause. See §§51.1564 and 51.1565.

(g) Size. Not less than 178 inches in diameter, unless otherwise specified in connection with the grade.

(h) For tolerances see §51.1546.

[35 FR 18258, Dec. 1, 1970, as amended at 76 FR 31789, June 2, 2011]

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§51.1542   U.S. Commercial.

“U.S. Commercial” consists of potatoes which meet the requirements of U.S. No. 1 grade except for the following:

(a) Free from serious damage caused by:

(1) Dirt or other foreign matter;

(2) Russet scab; and,

(3) Rhizoctonia.

(b) Increased tolerances for defects specified in §51.1546.

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§51.1543   U.S. No. 2.

“U.S. No. 2” consists of potatoes which meet the following requirements:

(a) Similar varietal characteristics, except when designated as a mixed or specialty pack;

(b) Not seriously misshapen;

(c) Free from:

(1) Freezing;

(2) Blackheart;

(3) Late blight, southern bacterial wilt and ring rot; and,

(4) Soft rot and wet breakdown.

(d) Free from serious damage by any other cause. See §§51.1564 and 51.1565.

(e) Size. Not less than 112 inches in diameter, unless otherwise specified in connection with the grade.

(f) For tolerances see §51.1546.

[35 FR 18258, Dec. 1, 1970, as amended at 76 FR 31789, June 2, 2011]

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Unclassified

§51.1544   [Reserved]

§51.1545   Size.

(a) The minimum size, or minimum and maximum sizes may be specified in connection with the grade in terms of diameter or weight of the individual potato, or in accordance with one of the size designations in Table I or Table II: Provided, That sizes so specified shall not be in conflict with the basic size requirements for the grade.

(b) When size is designated as shown in Table II, the corresponding weight ranges shall apply. These size designations may be applied to potatoes packed in any size container: Provided, that the weight ranges are within the limits specified.

Table 1

Size designation Minimum diameter1
or weight
Maximum diameter1
or weight
InchesOuncesInches Ounces
Creamer 34 (3)158 (3)
Chef234 8412 28
Size A2178 (3)(3)(3)
Size B112 (3)214 (3)
Small134 (3)212 6
Medium214 5314 10
Large310412 28

1Diameter means the greatest dimension at right angles to the longitudinal axis, without regard to the position of the stem end.

2In addition to the minimum size specified, a lot of potatoes designated as Size A shall contain at least 40 percent of potatoes which are 212 inches in diameter or larger or 6 ounces in weight or larger.

3No requirement.

Table II

[Ounces]

Size designationMinimum weightMaximum weight
Under 5015
501219
601016
70915
80813
90712
100610
11059
12048
13048
14048
Over 14048

[35 FR 18258, Dec. 1, 1970, as amended at 37 FR 2745, Feb. 5, 1972. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981; amended at 56 FR 7553, Feb. 25, 1991; 73 FR 15055, Mar. 21, 2008; 73 FR 70585, Nov. 21, 2008]

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Tolerances

§51.1546   Tolerances.

To allow for variations incident to proper grading and handling in each of the foregoing grades, the following tolerances by weight or equivalent basis, are provided as specified.

(a) For defects—(1) U.S. No. 1. (i) At Shipping Point: A total of 8 percent for potatoes in any lot which fail to meet the requirements for the grade: Provided, That included in this tolerance not more than the following percentages shall be allowed for the defects listed:

(A) 5 percent for external defects;

(B) 5 percent for internal defects; and

(C) Not more than a total of 1 percent for potatoes which are frozen or affected by soft rot or wet breakdown. See §51.1547.

(ii) En route or at destination: A total of 10 percent for potatoes in any lot which fail to meet the requirements for the grade: Provided, That included in this tolerance not more than a total of 8 percent shall be allowed for permanent defects: And provided further, the following percentages shall be allowed for the defects listed:

(A) 7 percent for external defects, including therein not more than 5 percent for permanent external defects;

(B) 7 percent for internal defects, including therein not more than 5 percent for permanent internal defects; and

(C) Not more than a total of 2 percent for potatoes which are frozen or affected by soft rot or wet breakdown. See §51.1547.

(2) U.S. Commercial: A total of 20 percent for potatoes in any lot which fail to meet the requirements for the grade: Provided, That included in this tolerance not more than the following percentages shall be allowed for the defects listed:

(i) 10 percent for potatoes which fail to meet the requirements for U.S. No. 2 grade, including therein not more than:

(ii) 6 percent for external defects;

(iii) 6 percent for internal defects; and

(iv) Not more than a total of 1 percent for potatoes which are frozen or affected by soft rot or wet breakdown. See §51.1547.

(3) U.S. No. 2. (i) At Shipping Point: A total of 10 percent for potatoes in any lot which fail to meet the requirements for the grade: Provided, That included in this tolerance not more than the following percentages shall be allowed for the defects listed:

(A) 6 percent for external defects;

(B) 6 percent for internal defects; and

(C) Not more than a total of 1 percent for potatoes which are frozen or affected by soft rot or wet breakdown. See §51.1547.

(ii) En route or at destination: A total of 12 percent for potatoes in any lot which fail to meet the requirements for the grade: Provided, That included in this tolerance not more than a total of 10 percent shall be allowed for permanent defects: And provided further, the following percentages shall be allowed for the defects listed:

(A) 8 percent for external defects, including therein not more than 6 percent for permanent external defects;

(B) 8 percent for internal defects, including therein not more than 6 percent for permanent internal defects; and

(C) Not more than a total of 2 percent for potatoes which are frozen or affected by soft rot or wet breakdown. See §51.1547.

(b) For off-size. (1) Not more than 3 percent of the potatoes in any lot may be smaller than the required or specified minimum size except that a tolerance of 5 percent shall be allowed for potatoes packed to meet a minimum size of 214 inches or larger in diameter or 5 ounces or more in weight. In addition, not more than 10 percent may be larger than any required or specified maximum size. See §51.1547.

(2) When a percentage of the potatoes is specified to be of a certain size and larger, individual samples shall have not less than one-half of the percentage specified: Provided, That the average for the entire lot is not less than the percentage specified.

[35 FR 18258, Dec. 1, 1970. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981; amended at 56 FR 7553, Feb. 25, 1991; 73 FR 15055, Mar. 21, 2008; 73 FR 70585, Nov. 21, 2008; 76 FR 31789, June 2, 2011]

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Application of Tolerances

§51.1547   Application of tolerances.

Individual samples shall have not more than double the tolerances specified, except that at least one defective and one off-size potato may be permitted in any sample: Provided, That en route or at destination one-tenth of the samples may contain three times the tolerance permitted for potatoes which are frozen or affected by soft rot or wet breakdown: And provided further, That the averages for the entire lot are within the tolerances specified for the grade.

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Samples for Grade and Size Determination

§51.1548   Samples for grade and size determination.

Individual samples shall consist of at least 20 pounds. When individual packages contain at least 20 pounds, each individual sample is drawn from one package; when packages contain less than 20 pounds, a sufficient number of adjoining packages are opened to provide at least a 20-pound sample. The number of such individual samples drawn for grade and size determination will vary with the size of the lot.

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Skinning

§51.1549   Skinning.

(a) The following definitions provide a basis for describing lots of potatoes as to the degree of skinning whenever description may be appropriate:

(1) “Practically no skinning” means that not more than 5 percent of the potatoes in the lot have more than one-tenth of the skin missing or “feathered”;

(2) “Slightly skinned” means that not more than 10 percent of the potatoes in the lot have more than one-fourth of the skin missing or “feathered”;

(3) “Moderately skinned” means that not more than 10 percent of the potatoes in the lot have more than one-half of the skin missing or “feathered”; and

(4) “Badly skinned” means that more than 10 percent of the potatoes in the lot have more than one-half of the skin missing or “feathered”.

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Definitions

§51.1550   Similar varietal characteristics.

Similar varietal characteristics means that the potatoes in any lot have the same general shape, color and character of skin, and color of flesh.

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§51.1551   Firm.

Firm means that the potato is not shriveled or flabby.

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§51.1552   Clean.

Clean means that at least 90 percent of the potatoes in any lot are practically free from dirt or staining and practically no loose dirt or other foreign matter is present in the container.

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§51.1553   Fairly clean.

Fairly clean means that at least 90 percent of the potatoes in any lot are reasonably free from dirt or staining and not more than a slight amount of loose dirt or foreign matter is present in the container.

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§51.1554   Mature.

Mature means that the skins of the potatoes are generally firmly set and not more than 5 percent of the potatoes in the lot have more than one-tenth of the skin missing or “feathered.”

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§51.1555   Fairly well matured.

Fairly well matured means that the skins of the potatoes are generally fairly firmly set and not more than 10 percent of the potatoes in the lot have more than one-fourth of the skin missing or “feathered.”

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§51.1556   Well shaped.

Well shaped means that the potato has the normal shape for the variety.

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§51.1557   Fairly well shaped.

Fairly well shaped means that the potato is not materially pointed, dumbbell-shaped or otherwise materially deformed.

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§51.1558   Seriously misshapen.

Seriously misshapen means that the potato is seriously pointed, dumbell-shaped or otherwise badly deformed.

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§51.1559   [Reserved]

§51.1560   Damage.

“Damage” means any defect, or any combination of defects, which materially detracts from the edible or marketing quality, or the internal or external appearance of the potato, or any external defect which cannot be removed without a loss of more than 5 percent of the total weight of the potato. See Tables III, IV, V and VI in §51.1564 and Table VII in §51.1565.

[76 FR 31789, June 2, 2011]

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§51.1561   Serious damage.

“Serious damage” means any defect, or any combination of defects, which seriously detracts from the edible or marketing quality, or the internal or external appearance of the potato, or any external defect which cannot be removed without a loss of more than 10 percent of the total weight of the potato. See Tables III, IV, V and VI in §51.1564 and Table VII in 5§1.1565.

[76 FR 31789, June 2, 2011]

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§51.1562   Freezing.

Freezing means that the potato is frozen or shows evidence of having been frozen.

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§51.1563   Soft rot or wet breakdown.

Soft rot or wet breakdown means any soft, mushy, or leaky condition of the tissue such as slimy soft rot, leak, or wet breakdown following freezing injury.

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§51.1564   External defects.

External defects are defects which can be detected externally. However, cutting may be required to determine the extent of the injury. Some external defects are listed in Tables III, IV, V and VI.

Table III—External Defects

DefectsDamageSerious damage1
Air CracksWhen removal causes a loss of more than 5 percent of the total weight of the potato or when the air crack(s) affects more than 13 the length or diameter of the potato (whichever is greater) in the aggregateWhen removal causes a loss of more than 10 percent of the total weight of the potato or when the air crack(s) affects more than 34 the length or diameter of the potato (whichever is greater) in the aggregate.
Artificial ColoringWhen unsightly or when concealing any defect causing damage or when penetrating the flesh and removal causes loss of more than 5 percent of total weight of potatoWhen concealing a serious defect or when penetrating into the flesh and removal causes loss of more than 10 percent of total weight of potato.
Bruises (Not including pressure bruise and sunken discolored areas)When removal causes a loss of more than 5 percent of the total weight of the potato or when the area affected is more than 5 percent of the surface in the aggregate (i.e., 34 inch on a 212 inch or 6 oz. potato). Correspondingly lesser or greater areas in smaller or larger potatoesWhen removal causes a loss of more than 10 percent of the total weight of the potato or when the area affected is more than 10 percent of the surface in the aggregate (i.e., 114 inches on a 212 inch or 6 oz. potato). Correspondingly lesser or greater areas in smaller or larger potatoes.
CutsWhen one smooth cut affects more than 5 percent of the surface areaCut(s) that affect more than 10 percent of the surface area in the aggregate or when a single side cut extends beyond 12 the length of the potato.
DirtWhen materially detracting from the appearance of the potatoWhen seriously detracting from the appearance of the potato.
Elephant HideWhen affecting over 10 percent of the surface area of the potatoWhen affecting over 25 percent of the surface area.
Enlarged LenticelsWhen materially detracting from the appearance of the potatoWhen seriously detracting from the appearance of the potato.
External Discoloration (Areas that are light tan or lighter in color and blends should be ignored)When more than 30 percent of the surface is affected by light tan or light brown colors which do not blend or when more than 15 percent of the surface is affected by colors darker than light tan or light brownWhen more than 60 percent of the surface is affected by light tan or light brown colors which do not blend or when more than 30 percent of the surface is affected by colors darker than light tan or light brown.
Flattened or Depressed Areas/Pressure BruisesWhen removal of underlying discolored flesh causes a loss of more than 5 percent of the total weight of the potato or when the flattened or depressed area(s) covers more surface area than allowed in Table IV. (See Table IV.)When removal of underlying discolored flesh the causes a loss of more than 10 percent of the weight of the potato or when the flattened depressed area(s) covers more surface area than allowed in the Table IV. (See Table IV.)
Flea Beetle InjuryWhen materially detracting from the appearance or when removal causes a loss of more than 5 percent of the total weight of the potato or when the area affected is more than 5 percent of the surface in the aggregateWhen seriously detracting from the appearance of the potato or when removal causes a loss of more than 10 percent of the weight of the potato or when the area affected is more than 10 percent of the surface in the aggregate.
GreeningWhen removal causes a loss of more than 5 percent of the total weight of the potato or when green color affects more than 25 percent of the surface in the aggregateWhen removal causes a loss of more than 10 percent of the weight of the potato or when green color affects more than 50 percent of the surface in the aggregate.
Growth CracksWhen the growth crack(s) affects more than 12 the length of the potato in the aggregate on round varieties or more than 13 the length in the aggregate on long varieties; or, when the depth is greater than that as outlined in Table V. (See Table V.)When the growth crack(s) affects more than 34 the length of the potato in the aggregate or when the depth is greater than that as outlined in Table V. (See Table V.).
Grub DamageWhen removal causes a loss of more than 5 percent of the total weight of the potato or when affecting more than 5 percent of the surface area (i.e. more than 34 inch on a 212 inch or 6 ounce potato). Correspondingly lesser or greater areas in smaller or larger potatoesWhen removal causes a loss of more than 10 percent of the total weight of the potato or when affecting more than 10 percent of the surface area (i.e. more than 114 inch on a 212 inch or 6 ounce potato). Correspondingly lesser or greater areas in smaller or larger potatoes.
Insects or Worms(See Serious Damage.)When present inside the potato.
Nematode (Root Knot)When removal causes loss of more than 5 percent of total weight of potatoWhen removal causes loss of more than 10 percent of total weight of potato.
RhizoctoniaWhen affecting more than 15 percent of the surface in the aggregateWhen affecting more than 50 percent of the surface in the aggregate.
Russeting (On Non Russet Type)When more than 50 percent of the surface is affected in the aggregateN/A.
Rodent or Bird DamageWhen removal causes a loss of more than 5 percent of the total weight of the potato or when affecting more than 5 percent of the surface area (i.e. more than 34 inch on a 212 inch or 6 ounce potato). Correspondingly lesser or greater areas in smaller or larger potatoesWhen removal causes a loss of more than 10 percent of the total weight of the potato or when affecting more than 10 percent of the surface area (i.e. more than 114 inch on a 212 inch or 6 ounce potato). Correspondingly lesser or greater areas in smaller or larger potatoes.
Scab, PittedWhen removal causes a loss of more than 5 percent of the total weight of the potato or when scab affects an aggregate area of more than 12 inch. (Based on a potato 212 inches in diameter or 6 oz. in weight.) Correspondingly lesser or greater areas in smaller or larger potatoesWhen the removal causes a loss of more than 10 percent of the total weight of the potato or when scab affects an aggregate area of more than 1 inch. (Based on a potato 212 inches in diameter or 6 oz. in weight.) Correspondingly lesser or greater areas in smaller or larger potatoes.
Scab, RussetSmooth and affecting more than 13 of the surface or rough russet scab which affects more than 10 percent of the surface in the aggregateRough and affecting more than 25 percent of the surface in the aggregate.
Scab, SurfaceWhen more than 5 percent of the surface in the aggregate is affectedWhen more than 25 percent of the surface in the aggregate is affected.
Second GrowthWhen materially detracting from the appearance of the potatoWhen seriously detracting from the appearance of the potato.
Silver ScurfWhen affecting more than 50 percent of the surface area of the potatoWhen its severity causes a wrinkling of the skin over more than 50 percent of the surface.
SproutsWhen more than 5 percent of the potatoes in any lot have any sprout more than 14 inch in length at shipping point; more than 12 inch in length at destination; or have numerous individual and/or clusters of sprouts which materially detract from the appearance of the potatoWhen more than 10 percent of the potatoes in any lot have any sprout more than 12 inch in length at shipping point; more than 1 inch in length at destination; or have numerous individual and/or clusters of sprouts which seriously detract from the appearance of the potato. Serious damage by sprouts shall only be scored against the U.S. Commercial and U.S. No. 2 grades.
SunburnWhen removal causes loss of more than 5 percent of total weight of potatoWhen removal causes loss more than 10 percent of total weight of potato.
Sunken Discolored AreasSEE TABLE VISEE TABLE VI.
Surface Cracks (Areas affected by fine net-like cracking should be ignored.)When smooth shallow cracking affects more than 13 of the surface or when rough deep cracking affects more than 5 percent of the surfaceWhen rough deep cracking affects more than 10 percent of the surface.
Wireworm or Grass DamageWhen affecting the flesh of the potato and removal causes loss of more than 5 percent of total weight of potato.When affecting the flesh of the potato and removal causes loss of more than 10 percent of total weight of potato.

The following defects are considered serious damage when present in any degree: 1. Freezing. 2. Late blight. 3. Ring rot. 4. Southern bacterial wilt. 5. Soft rot. 6. Wet breakdown.

Table IV—Flattened or Depressed Areas—Pressure Bruises Maximum Area Allowed

Diameter Weight No. 1
(aggregate area)
No. 2
(aggregate area)
Potato is:Potato is:Not more than:Not more than:
Less than 2 inLess than 4 oz 12 in1 in
2 to 212 in4 to 6 oz1 in112 in
More than 212 to 3 inMore than 6 to 8 oz114 in134 in
More than 3 to 312 inMore than 8 to 14 oz112 in178 in
More than 312 to 4 inMore than 14 to 20 oz134 in2 in
More than 4 to 412 inMore than 20 to 28 oz2 in214 in
More than 412 to 5 inMore than 28 to 36 oz214 in234 in
More than 5 inMore than 36 oz212 in314 in

Table V—Depth Allowed for Growth Cracks

Diameter Weight No. 1
(depth)
No. 2
(depth)
Potato is:Potato is:Not more than:Not more than:
Less than 2 inLess than 4 oz 18 in 14 in
2 to 212 in4 oz to 6 oz 14 in 38 in
More than 212 to 3 inMore than 6 oz to 8 oz 38 in 12 in
More than 3 inMore than 8 oz 12 in 58 in

Table VI—Sunken Discolored Areas Maximum Area Allowed

Diameter Weight No. 1
(aggregate area)
No. 2
(aggregate area)
Potato is:Potato is:Not more than:Not more than:
Less than 2 inLess than 4 oz 38 in 34 in
2 to 212 in4 to 6 oz 34 in1 in
More than 212 to 3 inMore than 6 to 8 oz1 in114 in
More than 3 to 312 inMore than 8 to 14 oz114 in112 in
More than 312 to 4 inMore than 14 to 20 oz112 in134 in
More than 4 to 412 inMore than 20 to 28 oz134 in2 in
More than 412 to 5 inMore than 28 to 36 oz2 in214 in
More than 5 inMore than 36 oz214 in212 in

[35 FR 18258, Dec. 1, 1970, as amended at 73 FR 15055, Mar. 21, 2008; 73 FR 70586, Nov. 21, 2008; 76 FR 31789, June 2, 2011]

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§51.1565   Internal defects.

Internal defects are defects which cannot be detected without cutting the potato. Some internal defects are listed in Table VII.

Table VII—Internal Defects

Defects Damage Maximum Allowed Serious Damage Maximum Allowed
Occurring outside of or not entirely confined to the vascular ring
Ingrown Sprouts, Internal Discoloration, Vascular Browning, Fusarium Wilt, Net Necrosis, Other Necrosis, Stem End Browning5 percent waste10 percent waste.
Internal Black SpotWhen the spot(s) are darker than the official color chip (POT-CC-2) after removing 5 percent of the total weight of the potatoWhen the spot(s) are darker than the official color chip (POT-CC-2) after removing 10 percent of the total weight of the potato.
Occurring entirely within the vascular ring
Hollow Heart or Hollow Heart with DiscolorationArea affected not to exceed that of a circle 12 inch in diameter in a potato 212 -inches in diameter or 6 ounces in weight.1Area affected not to exceed that of a circle 34 inch in diameter in a potato 212 -inches in diameter or 6 ounces in weight.1
Light Brown Discoloration (Brown Center)Area affected not to exceed that of a circle 12 inch in diameter in a potato 212 inches in diameter or 6 ounces in weight.1Area affected not to exceed that of a circle 34 inch in diameter in a potato 212 inches in diameter or 6 ounces in weight.1
Occurring entirely within the vascular ring
Internal Brown Spot and Similar Discoloration (Heat Necrosis)Not more than the equivalent of 3 scattered spots 18 inch in diameter in a potato 212 -inches in diameter or 6 ounces in weight.1Not more than the equivalent of 6 scattered spots 18 inch in diameter in a potato 212 -inches in diameter or 6 ounces in weight.1

1Note: Correspondingly lesser or greater areas in smaller or larger potatoes.

[35 FR 18258, Dec. 1, 1970. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981; amended at 56 FR 7553, Feb. 25, 1991; 56 FR 10302, Mar. 11, 1991; 73 FR 15058, Mar. 21, 2008 ; 73 FR 70586, Nov. 21, 2008; 76 FR 31789, June 2, 2011]

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Metric Conversion Table

§51.1566   Metric conversion table.

InchesMillimeters (mm)
18 equals3.2
14 equals6.4
12 equals12.7
34 equals19.1
1 equals25.4
112 equals38.1
2 equals50.8
212 equals63.5
3 equals76.2
312 equals88.9
4 equals101.6
412 equals114.3
OuncesGrams
1 equals28.35
4 equals113.40
5 equals141.75
6 equals170.10
7 equals198.45
8 equals226.80
9 equals255.15
10 equals283.50
12 equals340.20
14 equals396.90
16 equals453.60
18 equals510.30
19 equals538.60
20 equals567.00

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Subpart—United States Consumer Standards for Potatoes

Source: 18 FR 7132, Nov. 11, 1953, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981.

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Grades

§51.1575   U.S. Grade A Small; U.S. Grade A Medium; U.S. Grade A Medium to Large; U.S. Grade A Large.

Potatoes of each of these grades shall be of one variety or similar varietal characteristics which are fairly well shaped, fairly clean, free from freezing injury, blackheart, late blight, and soft rot or wet breakdown, and from damage caused by sunburn, second growth, growth cracks, air cracks, hollowheart, internal discoloration, cuts, shriveling, sprouting, scab, dry rot, rhizoctonia, other diseases, wireworm, other insects, or mechanical or other means. Potatoes of these grades shall also be mature: Provided, That potatoes which are not mature and the outer skin loosens or “feathers” readily under the usual handling practices need not meet this requirement if they are firm and are further designated as “Early” in connection with the grade, as for example “U.S. Grade A Medium-Early.” Potatoes on the shown face shall be reasonably representative in size and quality of the contents of the containers. (See §51.5177.)

(a) Tolerances. Incident to proper grading and handling, except for the tolerances for size, not more than a total of 5 percent, by weight, of the potatoes in any lot may fail to meet the requirements of the grade, including not more than 1 percent for potatoes affected by soft rot or wet breakdown. (See §51.1579.)

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§51.1576   U.S. Grade B Small; U.S. Grade B Medium; U.S. Grade B Medium to Large; U.S. Grade B Large.

Potatoes of each of these grades shall meet the requirements for U.S. Grade A Small; U.S. Grade A Medium; U.S. Grade A Medium to Large; and U.S. Grade A Large, except for the increased tolerance for defects specified below. (See §51.1577.)

(a) Tolerances. Incident to proper grading and handling, except for the tolerance for size, not more than a total of 20 percent, by weight, of the potaotes in any lot may fail to meet the requirements of the grade, but not more than 5 percent shall be allowed for potatoes which are seriously damaged by any cause, including not more than 1 percent for potatoes affected by soft rot or wet breakdown. (See §51.1579.)

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Size

§51.1577   Size range requirements.

In addition to the quality requirements specified for the above grades, potatoes shall also meet the requirements for minimum and maximum diameter or weight, and the tolerances as specified for the various grades in the table appearing in this section. Potatoes specified as meeting one of the grades may be of any size within its size range requirements, except that it is not permissible to specify a lot as “U.S. Grade A Medium to Large,” or “U.S. Grade B Medium to Large,” unless more than 15 percent, by weight, of the potatoes are larger than the maxiumum size required for U.S. Grade A Medium, or U.S. Grade B Medium, respectively. For example, a lot of round or intermediate-shaped potatoes to be specified as “U.S. Grade A Medium to Large” must have more than 15 percent, by weight, of potatoes from 3 to 4 inches in diameter.

GradesSize range requirements, round or intermediate shaped varietiesSize range requirements, long varietiesTolerance for size
Minimum diameter (Inches)Maximum diameter (Inches)Minimum diam. or wt.Maximum weight (Ounces)Under-size (Percent)Over-size (Percent)
U.S. Grades A & B small112 214 112 inches4315
U.S. Grades A & B medium214 3   4 ounces10515
U.S. Grades A & B medium to large214 4   4 ounces16515
U.S. Grades A & B large3   4   10 ounces16515

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Off-Grade

§51.1578   Off-Grade potatoes.

Potatoes which fail to meet the requirements of any of the foregoing grades shall be Off-Grade potatoes.

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Application of Tolerances

§51.1579   Application of tolerances to individual containers.

(a) Based on sample inspection, the contents of individual containers in the lot are subject to the following limitations: Provided, That the averages for the entire lot are within the tolerances specified for the grade:

(1) When a tolerance is 10 percent or more, not more than one-tenth of the individual containers in any lot may contain more than one and one-half times the tolerance specified, except that at least one defective and one off-sized specimen may be permitted in a container.

(2) When a tolerance is less than 10 percent, not more than one-tenth of the individual containers in any lot may contain more than double the tolerance specified, but no package may contain more than four times the tolerance for soft rot or wet breakdown, except that at least one defective and one off-sized specimen may be permitted in a container.

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Definitions

§51.1580   Fairly well shaped.

Fairly well shaped means that the appearance of the individual potato or the general appearance of the potatoes in the container is not materially injured by pointed, dumbbell-shaped or otherwise ill-formed potatoes.

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§51.1581   Fairly clean.

Fairly clean means that from the viewpoint of general appearance, the potatoes in the container are reasonably free from dirt or other foreign matter, and that individual potatoes are not materially caked with dirt or materially stained.

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§51.1582   Soft rot or wet breakdown.

Soft rot or wet breakdown means any soft, mushy, or leaky condition of the tissue such as slimy soft rot, leak, or wet breakdown following freezing injury, scald, or other injury.

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§51.1583   Damage.

Damage means any injury or defect which materially injures the edible or shipping quality, or the appearance of the individual potato or the general appearance of the potatoes in the container, or which cannot be removed without a loss of more than 5 percent of the total weight of the potato including peel covering defective area. Loss of outer skin (epidermis) shall not be considered as damage when the potatoes are designated as “Early” unless the skinned surface is materially affected by dark discoloration. Any one of the following defects, or any combination of defects, the seriousness of which exceeds the maximum allowed for any one defect, shall be considered as damage:

(a) Second growth or growth cracks which have developed to such an extent as to materially injure the appearance of the individual potato or the general appearance of the potatoes in the container.

(b) Air cracks which are deep, or shallow air cracks which materially injure the appearance of the individual potato or the general appearance of the potatoes in the container.

(c) Shriveling, when the potato is more than moderately shriveled, spongy, or flabby.

(d) Sprouting, when the sprouts are not dried and are more than one-half inch long.

(e) Surface scab which covers an area of more than 5 percent of the surface of the potato in the aggregate.

(f) Pitted scab which affects the appearance of the potato to a greater extent than the amount of surface scab permitted or causes a loss of more than 5 percent of the total weight of the potato including peel covering defective area.

(g) Rhizoctonia, when the general appearance of the potatoes in the container is materially injured or when individual potatoes are badly infected.

(h) Wireworm, grass root or similar injury, when any hole on potatoes ranging in size from 6 to 8 ounces is longer than three-fourths inch, or when the aggregate length of all holes is more than one and one-fourth inches; smaller potatoes shall have lesser amounts and larger potatoes may have greater amounts, provided, that the removal of the injury by proper trimming does not cause the appearance of such potatoes to be injured to a greater extent than that caused by the proper trimming of such injury permitted on a 6 to 8 ounce potato.

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§51.1584   Internal discoloration.

Internal discoloration means discoloration such as is caused by net necrosis or any other type of necrosis, stem-end browning, internal brown spot, or other similar types of discoloration not visible externally.

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§51.1585   Mature.

Mature means that the outer skin (epidermis) does not loosen or “feather” readily during the ordinary methods of handling.

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§51.1586   Serious damage.

Serious damage means any injury or defect which seriously injures the edible or shipping quality, or the appearance of the individual potato or the general appearance of the potatoes in the container, or which cannot be removed without a loss of more than 10 percent of the total weight of the potato including peel covering defective area. Any one of the following defects or any combination of defects the seriousness of which exceeds the maximum allowed for any one defect shall be considered as serious damage:

(a) Fairly smooth cuts such as are made by the digger, or by a knife to remove injury when both ends are clipped, or when more than an estimated one-fourth of the potato is cut away, or, in the case of long varieties, when the remaining portion of the clipped potato weighs less than 6 ounces; irregular types of cuts which seriously affect the appearance of the individual potato, or which cannot be removed without a loss of more than 10 percent of the total weight of the potato including peel covering defective area.

(b) Shriveling, when the potato is excessively shriveled, spongy, or flabby.

(c) Surface scab which covers an area of more than 50 percent of the surface of the potato in the aggregate.

(d) Pitted scab which affects the appearance of the potato to a greater extent than the amount of surface scab permitted or causes a loss of more than 10 percent of the total weight of the potato including peel covering defective area.

(e) Wireworm, grass root or similar injury, when any hole on potatoes ranging in size from 6 to 8 ounces is longer than one and one-fourth inches, or when the aggregate length of all holes is more than two inches; smaller potatoes shall have lesser amounts and larger potatoes may have greater amounts: Provided, That the removal of the injury by proper trimming, does not cause the appearance of such potatoes to be injured to a greater extent than that caused by the proper trimming of such injury permitted on a 6 to 8 ounce potato.

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§51.1587   Diameter.

Diameter means the greatest dimension at right angles to the longitudinal axis. The long axis shall be used without regard to the position of the stem (rhizome).

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Subpart—United States Standards for Grades of Florida Tangerines

Source: 61 FR 20713, May 8, 1996, unless otherwise noted.

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Grades

§51.1810   U.S. Fancy.

“U.S. Fancy” consists of tangerines which meet the following requirements:

(a) Basic requirements:

(1) Discoloration: Not more than one-tenth of the surface, in the aggregate, may be affected by discoloration. (See §51.1828.);

(2) Firm;

(3) Highly colored;

(4) Mature; and,

(5) Well formed.

(b) Free from:

(1) Caked melanose;

(2) Decay;

(3) Unhealed skin breaks; and,

(4) Wormy fruit.

(c) Free from damage caused by:

(1) Ammoniation;

(2) Bruises;

(3) Buckskin;

(4) Creasing;

(5) Dirt or other foreign material;

(6) Dryness or mushy condition;

(7) Disease;

(8) Green spots;

(9) Hail;

(10) Insects;

(11) Oil spots;

(12) Scab;

(13) Scale;

(14) Scars;

(15) Skin breakdown;

(16) Sprayburn;

(17) Sunburn; and,

(18) Other means.

(d) For tolerances see §51.1820.

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§51.1811   U.S. No. 1 Bright.

The requirements for this grade are the same as for U.S. No. 1 except that fruit shall have not more than one-fifth of its surface, in the aggregate, affected by discoloration. For tolerances see §51.1820.

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§51.1812   U.S. No. 1.

“U.S. No. 1” consists of tangerines which meet the following requirements:

(a) Basic requirements:

(1) Discoloration: Not more than one-third of the surface, in the aggregate, may be affected by discoloration. (See §51.1828.);

(2) Fairly well colored;

(3) Firm;

(4) Mature; and,

(5) Well formed.

(b) Free from:

(1) Decay;

(2) Unhealed skin breaks; and,

(3) Wormy fruit.

(c) Free from damage caused by:

(1) Ammoniation;

(2) Bruises;

(3) Buckskin;

(4) Caked melanose;

(5) Creasing;

(6) Dirt or other foreign material;

(7) Disease;

(8) Dryness or mushy condition;

(9) Green spots;

(10) Hail;

(11) Insects;

(12) Oil spots;

(13) Scab;

(14) Scale;

(15) Scars;

(16) Skin breakdown;

(17) Sprayburn;

(18) Sunburn; and

(19) Other means.

(d) For tolerances see §51.1820.

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§51.1813   U.S. No. 1 Golden.

The requirements for this grade are the same as for U.S. No. 1 except that not more than 30 percent, by count, of the fruit shall have than more one-third of their surface, in the aggregate, affected by discoloration. For tolerances see §51.1820.

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§51.1814   U.S. No. 1 Bronze.

The requirements for this grade are the same as for U.S. No. 1 except that at least 30 percent, by count, of the fruit shall have more than one-third of their surface, in the aggregate, affected by discoloration. The predominating discoloration on each fruit shall be of rust mite type. For tolerances see §51.1820.

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§51.1815   U.S. No. 1 Russet.

The requirements for this grade are the same as for U.S. No. 1 except that at least 30 percent, by count, of the fruit shall have more than one-third of their surface, in the aggregate, affected by any type of discoloration. For tolerances see §51.1820.

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§51.1816   U.S. No. 2 Bright.

The requirements for this grade are the same as for U.S. No. 2 except that fruit shall have not more than one-fifth of its surface, in the aggregate, affected by discoloration. For tolerances see §51.1820.

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§51.1817   U.S. No. 2.

“U.S. No. 2” consists of tangerines which meet the following requirements:

(a) Basic requirements:

(1) Discoloration: Not more than one-half of the surface, in the aggregate, may be affected by discoloration. (See §51.1828.);

(2) Fairly firm;

(3) Fairly well formed;

(4) Mature; and

(5) Reasonably well colored.

(b) Free from:

(1) Decay;

(2) Unhealed skin breaks; and,

(3) Wormy fruit.

(c) Free from serious damage caused by:

(1) Ammoniation;

(2) Bruises;

(3) Buckskin;

(4) Caked melanose;

(5) Creasing;

(6) Dirt or other foreign material;

(7) Disease;

(8) Dryness or mushy condition;

(9) Green spots;

(10) Hail;

(11) Insects;

(12) Oil spots;

(13) Scab;

(14) Scale;

(15) Scars;

(16) Skin breakdown;

(17) Sprayburn;

(18) Sunburn; and

(19) Other means.

(d) For tolerances see §51.1820.

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§51.1818   U.S. No. 2 Russet.

The requirements for this grade are the same as for U.S. No. 2 except that at least 10 percent of the fruit shall have more than one-half of their surface, in the aggregate, affected by any type of discoloration. For tolerances see §51.1820.

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§51.1819   U.S. No. 3.

“U.S. No. 3” consists of tangerines which meet the following requirements:

(a) Basic requirements:

(1) Mature;

(2) Not flabby; and

(3) Not seriously lumpy.

(b) Free from:

(1) Decay;

(2) Unhealed skin breaks; and

(3) Wormy fruit.

(c) Free from very serious damage caused by:

(1) Ammoniation;

(2) Bruises;

(3) Caked melanose;

(4) Creasing;

(5) Dirt or other foreign material;

(6) Disease;

(7) Dryness or mushy condition;

(8) Hail;

(9) Insects;

(10) Scab;

(11) Scale;

(12) Scars;

(13) Skin breakdown;

(14) Sprayburn;

(15) Sunburn; and,

(16) Other means.

(d) For tolerances see §51.1820.

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Tolerances

§51.1820   Tolerances.

In order to allow for variations incident to proper grading and handling in each of the foregoing grades, the following tolerances, by count, based on a minimum 25 count sample, are provided as specified:

(a) Defects. (1) U.S. Fancy, U.S. No. 1 Bright, U.S. No. 1, U.S. No. 1 Golden, U.S. No. 1 Bronze, U.S. No. 1 Russet, U.S. No. 2 Bright, U.S. No. 2, and U.S. No. 2 Russet grades.

(i) For defects at shipping point.1 Not more than 10 percent of the fruit in any lot may fail to meet the requirements of the specified grade: Provided, that included in this amount not more than 5 percent shall be allowed for defects causing very serious damage, including in this latter amount not more than 1 percent for decay or wormy fruit.

1Shipping point, as used in these standards, means the point of origin of the shipment in the producing area or at port of loading for ship stores or overseas shipment, or, in the case of shipments from outside the continental United States, the port of entry into the United States.

(ii) For defects en route or at destination. Not more than 12 percent of the fruit which fail to meet the requirements of the specified grade: Provided, that included in this amount not more than the following percentages shall be allowed for defects listed:

(A) 10 percent for fruit having permanent defects; or,

(B) 7 percent for defects causing very serious damage, including therein not more than 5 percent for very serious damage by permanent defects and not more than 3 percent for decay or wormy fruit.

(2) U.S. No. 3.

(i) For defects at shipping point.1 Not more than 10 percent of the fruit in any lot may fail to meet the requirements of the grade: Provided, that included in this amount not more than 1 percent shall be for decay or wormy fruit.

(ii) For defects en route or at destination. Not more than 12 percent of the fruit which fail to meet the requirements of the grade: Provided, that included in this amount not more than the following percentages shall be allowed for defects listed:

(A) 10 percent for fruit having permanent defects; or,

(B) 3 percent for decay or wormy fruit.

(b) Discoloration—(1) U.S. No. 1 Bright, U.S. No. 1, U.S. No. 2 Bright, and U.S. No. 2. Not more than 10 percent of the fruit in any lot may fail to meet the requirements relating to discoloration as specified in each grade. No sample may have more than 20 percent of the fruit with excessive discoloration: And provided further, that the entire lot averages within the percentage specified.

(2) U.S. No. 1 Golden. Not more than 30 percent of the fruit shall have in excess of one-third of their surface, in the aggregate, affected by discoloration, and no part of any tolerance shall be allowed to increase this percentage. No sample may have more than 40 percent of the fruit with excessive discoloration: And provided further, that the entire lot averages within the percentage specified.

(3) U.S. No. 1 Bronze, and U.S. No. 1 Russet. At least 30 percent of the fruit shall have in excess of one-third of the surface, in the aggregate, affected by discoloration, and no part of any tolerance shall be allowed to reduce this percentage. No sample may have less than 20 percent of the fruit with required discoloration: And provided further, that the entire lot averages within the percentage specified.

(4) U.S. No. 2 Russet. At least 10 percent of the fruit shall have in excess of one-half of the surface, in the aggregate, affected by discoloration, and no part of any tolerance shall be allowed to reduce this percentage: And provided further, that the entire lot averages within the percentage specified.

[61 FR 20713, May 8, 1996, as amended at 61 FR 40290, Aug. 2, 1996; 62 FR 2897, Jan. 21, 1997]

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Application of Tolerances

§51.1821   Application of tolerances.

Individual samples are subject to the following limitations, unless otherwise specified in §51.1820. Individual samples shall have not more than one and one-half times a specified tolerance of 10 percent or more, and not more than double a specified tolerance of less than 10 percent: Provided, that at least one decayed or wormy fruit may be permitted in any sample: And provided further, that the averages for the entire lot are within the tolerances specified for the grade.

[62 FR 2898, Jan. 21, 1997]

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Size

§51.1822   Size.

(a) Fruits shall be fairly uniform in size and shall be packed in containers according to approved and recognized methods.

(b) “Fairly uniform in size” means that not more than 10 percent of the tangerines per sample may vary more than one-half inch in diameter.

(c) In order to allow for variations incident to proper sizing, not more than 10 percent of the samples in any lot may fail to meet the requirements of size.

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Definitions

§51.1823   Mature.

Mature shall have the same meaning assigned the term in the Florida Citrus Code, Chapter 601, 1995 Edition, and the Official Rules Affecting the Florida Citrus Industry, in effect as of February 12, 1995. These tangerine maturity requirements are contained in the Florida Citrus Code, Chapter 601, Florida Statutes, Sections 601.21, and 601.22, 1995 Edition, and the State of Florida Department of Citrus Official Rules Affecting the Florida Citrus Industry, Part 1, Chapter 20-13 Market Classification, Maturity Standards and Processing or Packing Restrictions for Hybrids in effect as of February 12, 1995. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from, Florida Department of Citrus, Post Office Box 148, Lakeland, Florida 33802 or copies of both regulations may be inspected at USDA, AMS, F&VD, FPB, Standardization Section, Room 2065-S, 14th and Independence Ave., Washington, DC 20250 or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal__register/code__of__federal__regulations/ibr__locations.html.

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§51.1824   Firm.

Firm means that the flesh is not soft and the fruit is not badly puffy and that the skin has not become materially separated from the flesh of the tangerine.

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§51.1825   Well formed.

Well formed means that the fruit has the characteristic tangerine shape and is not deformed.

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§51.1826   Damage.

Damage means any specific defect described in §51.1837, Table I; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materially detracts from the appearance, or the edible or marketing quality of the fruit.

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§51.1827   Highly colored.

Highly colored means that the ground color of each fruit is a deep tangerine color, or characteristic color for the variety, with practically no trace of yellow color.

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§51.1828   Discoloration.

Discoloration means russeting of a light shade of golden brown caused by rust mite or other means. Lighter shades of discoloration caused by smooth or fairly smooth superficial scars or other means may be allowed on a greater area, or darker shades may be allowed on a lesser area, provided no discoloration caused by speck type melanose or other means may detract from the appearance of the fruit to a greater extent than the shade and amount of discoloration allowed in the grade.

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§51.1829   Well colored.

Well colored means that a good yellow or better ground color predominates over the green color on the entire fruit surface with no distinct green color present, and that some portion of the surface has a reddish tangerine blush, or characteristic color for the variety.

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§51.1830   Fairly well colored.

Fairly well colored means that the surface of the fruit may have green color which does not exceed the aggregate area of a circle 1- 14 inches (31.8 mm) in diameter and that the remainder of the surface has a yellow or better ground color with some portion of the surface showing reddish tangerine blush, or characteristic color for the variety.

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§51.1831   Fairly firm.

Fairly firm means that the flesh may be slightly soft but is not bruised or badly puffy, and that the skin has not become seriously separated from the flesh of the tangerine.

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§51.1832   Fairly well formed.

Fairly well formed means that the fruit may not have the shape characteristic of the variety but that it is not badly deformed.

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§51.1833   Serious damage.

Serious damage means any specific defect described in §51.1837, Table I; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which seriously detracts from the appearance, or the edible or marketing quality of the fruit.

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§51.1834   Reasonably well colored.

Reasonably well colored means that a good yellow or reddish tangerine color shall predominate over the green color on at least one-half of the fruit surface in the aggregate, and that each fruit shall show practically no lemon color.

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§51.1835   Very serious damage.

Very serious damage means any specific defect described in §51.1837, Table I; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which very seriously detracts from the appearance, or the edible or marketing quality of the fruit.

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§51.1836   Diameter.

Diameter means the greatest dimension measured at right angles to a line from stem to blossom end.

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§51.1837   Classification of defects.

Table I

FactorDamageSerious damageVery serious damage
AmmoniationNot occurring as light speck type, or detracts more than discoloration permitted in the gradeScars are cracked or dark and aggregating more than a circle 58 inch (15.9 mm) in diameterAggregating more than 25 percent of the surface.
BruisesSegment walls are collapsed, or rag is ruptured and juice sacs are rupturedSegment walls are collapsed, or rag is ruptured and juice sacs are rupturedFruit is split open, peel is badly watersoaked, or rag is ruptured and juice sacs are ruptured causing a mushy condition affecting all segments more than 12 inch (12.7 mm) at bruised area or the equivalent of this amount, by volume, when affecting more than one area on the fruit.
BuckskinAggregating more than a circle 34 inch (19.1 mm) in diameterAggregating more than 25 percent of the surfaceAggregating more than 50 percent of the surface.
Caked melanoseAggregating more than a circle 38 inch (9.5 mm) in diameterAggregating more than a circle 58 inch (15.9 mm) in diameterAggregating more than 25 percent of the surface.
CreasingMaterially weakens the skin, or extends over more than one-third of the surfaceSeriously weakens the skin, or extends over more than one-half of the surfaceVery seriously weakens the skin, or is distributed over practically the entire surface.
Dryness or mushy conditionAffecting all segments more than 18 inch (3.2 mm) at stem end, or the equivalent of this amount, by volume, when occurring in other portions of the fruitAffecting all segments more than 14 inch (6.4 mm) at stem end, or the equivalent of this amount, by volume, when occurring in other portions of the fruitAffecting all segments more than 12 inch (12.7 mm) at stem end, or the equivalent of this amount, by volume, when occurring in other portions of the fruit.
Green spotsAggregating more than a circle 12 inch (12.7 mm) in diameterAggregating more than a circle 58 inch (15.9 mm) in diameterAggregating more than 25 percent of the surface.
Oil spotsAggregating more than a circle 12 inch (12.7 mm) in diameterAggregating more than a circle 34 inch (19.1 mm) in diameterAggregating more than 25 percent of the surface.
ScabMaterially detracts from the shape or texture, or aggregating more than a circle 38 inch (9.5 mm) in diameterSeriously detracts from the shape or texture, or aggregating more than a circle 58 inch (15.9 mm) in diameterAggregating more than 25 percent of the surface.
ScaleAggregating more than a circle 38 inch (9.5 mm) in diameterAggregating more than a circle 58 inch (15.9 mm) in diameterAggregating more than 25 percent of the surface.
Scars, Hail, and Thorn scratches [For smooth or fairly smooth superficial scars see §51.1828.]Deep or rough aggregating more than a circle 14 inch (6.4 mm) in diameter; slightly rough with slight depth aggregating more than a circle 34 inch (19.1 mm) in diameter; smooth or fairly smooth with slight depth aggregating more than a circle 118 inches (28.6 mm) in diameterDeep or rough aggregating more than a circle 12 inch (12.7 mm) in diameter; slightly rough with slight depth aggregating more than a circle 118 inches (28.6 mm) in diameter; smooth or fairly smooth with slight depth aggregating more than 10 percent of fruit surfaceDeep or rough or unsightly that appearance is very seriously affected.
Skin breakdownAggregating more than a circle 12 inch (12.7 mm) in diameterAggregating more than a circle 34 inch (19.1 mm) in diameterAggregating more than 25 percent of the surface.
SprayburnSkin is hard and aggregating more than a circle 34 inch (19.1 mm) in diameterSkin is hard and aggregating more than a circle 114 inches (31.8 mm) in diameterAggregating more than 25 percent of the surface.
SunburnSkin is flattened, dry, darkened, or hard and the affected area exceeds 25 percent of the surfaceSkin is hard and affects more than one-third of the surfaceAggregating more than 50 percent of the surface.

Note: All references to area or aggregate area, or length are based on a tangerine 212 inches in diameter (63.5 mm), allowing proportionately greater areas on larger fruit and lesser areas on smaller fruit.

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Subpart—United States Standards for Fresh Tomatoes1

1Packing of the product in conformity with the requirements of these standards shall not excuse failure to comply with the provisions of the Federal Food, Drug, and Cosmetic Act or with applicable State laws and regulations.

Source: 38 FR 23932, Sept. 5, 1973, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981.

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Grades

§51.1855   U.S. No. 1.

“U.S. No. 1” consists of tomatoes which meet the following requirements:

(a) Basic requirements:

(1) Similar varietal characteristics;

(2) Mature;

(3) Not overripe or soft;

(4) Clean;

(5) Well developed;

(6) Fairly well formed; and,

(7) Fairly smooth.

(b) Free from:

(1) Decay;

(2) Freezing injury; and

(3) Sunscald.

(c) Not damaged by any other cause.

(d) For tolerances see §51.1861.

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§51.1856   U.S. Combination.

“U.S. Combination” consists of a combination of U.S. No. 1 and U.S. No. 2 tomatoes: Provided, That at least 60 percent, by count, meet the requirements of U.S. No. 1 grade.

(a) For tolerances see §51.1861.

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§51.1857   U.S. No. 2.

“U.S. No. 2” consists of tomatoes which meet the following requirements:

(a) Basic requirements:

(1) Similar varietal characteristics;

(2) Mature;

(3) Not overripe or soft;

(4) Clean;

(5) Well developed;

(6) Reasonably well formed; and,

(7) Not more than slightly rough.

(b) Free from:

(1) Decay;

(2) Freezing injury; and,

(3) Sunscald.

(c) Not seriously damaged by any other cause.

(d) For tolerances see §51.1861.

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§51.1858   U.S. No. 3.

“U.S. No. 3” consists of tomatoes which meet the following requirements:

(a) Basic requirements:

(1) Similar varietal characteristics;

(2) Mature;

(3) Not overripe or soft;

(4) Clean;

(5) Well developed; and,

(6) May be mishapen.

(b) Free from:

(1) Decay; and,

(2) Freezing injury.

(c) Not seriously damaged by:

(1) Sunscald.

(d) Not very seriously damaged by any other cause.

(e) For tolerances see §51.1861.

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Size

§51.1859   Size.

(a) The size of tomatoes packed in any standard type shipping container shall be specified and marked according to one of the size designations set forth in Table I. Individual containers shall not be marked with more than one size designation. Consumer packages and their master container are exempt; however, if they are marked, the same requirements would apply.

(1) When containers are marked in accordance with Table I, the markings on at least 85 percent of the containers in a lot must be legible.

(2) In determining compliance with the size designations, the measurement for minimum diameter shall be the largest diameter of the tomato measured at right angles to a line from the stem end to the blossom end. The measurement for maximum diameter shall be the smallest dimension of the tomato determined by passing the tomato through a round opening in any position.

(b) In lieu of marking containers in accordance with paragraph (a) of this section or specifying size in accordance with the dimensions defined in Table I, for Cerasiforme type tomatoes commonly referred to as cherry tomatoes and Pyriforme type tomatoes commonly referred to as pear shaped tomatoes, and other similar types, size may be specified in terms of minimum diameter or minimum and maximum diameter expressed in whole inches, and not less than thirty-second inch fractions thereof, or millimeters in accordance with the facts.

(1) Tomatoes of these types are exempt from marking requirements. However, when marked to a minimum or minimum and maximum diameter, the markings on at least 85 percent of the containers in a lot must be legible.

(c) For tolerances see §51.1861.

Table I

Size designationInches
Minimum diameter1Maximum diameter2
Small2432 2932
Medium2832 21732
Large21632 22532
Extra large22432

1Will not pass through a round opening of the designated diameter when tomato is placed with the greatest transverse diameter across the opening.

2Will pass through a round opening of the designated diameter in any position.

[56 FR 21915, May 13, 1991; 56 FR 32474, July 16, 1991]

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Color Classification

§51.1860   Color classification.

(a) The following terms may be used, when specified in connection with the grade statement, in describing the color as an indication of the stage of ripeness of any lot of mature tomatoes of a red fleshed variety:

(1) Green. “Green” means that the surface of the tomato is completely green in color. The shade of green color may vary from light to dark;

(2) Breakers. “Breakers” means that there is a definite break in color from green to tannish-yellow, pink or red on not more than 10 percent of the surface;

(3) Turning. “Turning” means that more than 10 percent but not more than 30 percent of the surface, in the aggregate, shows a definite change in color from green to tannish-yellow, pink, red, or a combination thereof;

(4) Pink. “Pink” means that more than 30 percent but not more than 60 percent of the surface, in the aggregate, shows pink or red color;

(5) Light red. “Light red” means that more than 60 percent of the surface, in the aggregate, shows pinkish-red or red: Provided, That not more than 90 percent of the surface is red color; and,

(6) Red. “Red” means that more than 90 percent of the surface, in the aggregate, shows red color.

(b) Any lot of tomatoes which does not meet the requirements of any of the above color designations may be designated as “Mixed Color”.

(c) For tolerances see §51.1861.

(d) Tomato color standards U.S.D.A. Visual Aid TM—L—1 consists of a chart containing twelve color photographs illustrating the color classification requirements, as set forth in this section. This visual aid may be examined in the Fruit and Vegetable Division, AMS, U.S. Department of Agriculture, South Building, Washington, D.C. 20250; in any field office of the Fresh Fruit and Vegetable Inspection Service; or upon request of any authorized inspector of such Service. Duplicates of this visual aid may be purchased from The John Henry Co., Post Office Box 1410, Lansing, Michigan 48904.

[38 FR 23932, Sept. 5, 1973, as amended at 40 FR 2791, Jan. 16, 1975. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981]

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Tolerances

§51.1861   Tolerances.

In order to allow for variations incident to proper grading and handling in each of the foregoing grades, the following tolerances, by count, are provided as specified:

(a) U.S. No. 1—(1) For defects at shipping point.2 Ten percent for tomatoes in any lot which fail to meet the requirements for this grade: Provided, That not more than one-half of this tolerance, or 5 percent, shall be allowed for defects causing very serious damage, including therein not more than 1 percent for tomatoes which are soft or affected by decay; and,

2Shipping point, as used in these standards, means the point of origin of the shipment in producing area or at port of loading for ship stores or overseas shipment, or in the case of shipments from outside the continental United States, the port of entry into the United States.

(2) For defects en route or at destination. Fifteen percent for tomatoes in any lot which fail to meet the requirements for this grade: Provided, That included in this amount not more than the following percentages shall be allowed for defects listed:

(i) Five percent for tomatoes which are soft or affected by decay;

(ii) Ten percent for tomatoes which are damaged by shoulder bruises or by discolored or sunken scars on any parts of the tomatoes; and,

(iii) Ten percent for tomatoes which are otherwise defective: And provided further, That not more than 5 percent shall be allowed for tomatoes which are very seriously damaged by any cause, exclusive of soft or decayed tomatoes.

(b) U.S. Combination—(1) For defects at shipping point.2 Ten percent for tomatoes in any lot which fail to meet the requirements of the U.S. No. 2 grade: Provided, That not more than one-half of this tolerance, or 5 percent, shall be allowed for defects causing very serious damage, including 1 percent for tomatoes which are soft or affected by decay; and,

(2) For defects en route or at destination. Fifteen percent for tomatoes in any lot which fail to meet the requirements of the U.S. No. 2 grade: Provided, That included in this amount not more than the following percentages shall be allowed for defects listed:

(i) Five percent for tomatoes which are soft or affected by decay;

(ii) Ten percent for tomatoes which are seriously damaged by shoulder bruises or by discolored or sunken scars on any parts of the tomatoes; and,

(iii) Ten percent for tomatoes which are otherwise defective: And provided further, That not more than 5 percent shall be allowed for tomatoes which are very seriously damaged by any cause, exclusive of soft or decayed tomatoes.

(c) U.S. No. 2—(1) For defects at shipping point.2 Ten percent for tomatoes in any lot which fail to meet the requirements of this grade: Provided, That not more than one-half of this tolerance, or 5 percent, shall be allowed for defects causing very serious damage, including therein not more than 1 percent for tomatoes which are soft or affected by decay; and,

(2) For defects en route or at destination. Fifteen percent for tomatoes in any lot which fail to meet the requirements for this grade: Provided, That included in this amount not more than the following percentages shall be allowed for defects listed:

(i) Five percent for tomatoes which are soft or affected by decay;

(ii) Ten percent for tomatoes which are seriously damaged by shoulder bruises or by discolored or sunken scars on any parts of the tomatoes; and,

(iii) Ten percent for tomatoes which are otherwise defective: And provided further, That not more than 5 percent shall be allowed for tomatoes which are very seriously damaged by any cause, exclusive of soft or decayed tomatoes.

(d) U.S. No. 3—(1) For defects at shipping point.2 Ten percent for tomatoes in any lot which fail to meet the requirements of this grade: Provided, That not more than one-half of this tolerance, or 5 percent, shall be allowed for tomatoes which are very seriously damaged by insects and not more than one-tenth of the tolerance, or 1 percent, for tomatoes which are soft or affected by decay; and,

(2) For defects en route or at destination. Fifteen percent for tomatoes in any lot which fail to meet the requirements for this grade: Provided, That included in this amount not more than the following percentages shall be allowed for defects listed:

(i) Five percent for tomatoes which are soft or affected by decay;

(ii) Ten percent for tomatoes which are very seriously damaged by shoulder bruises or by discolored or sunken scars on any parts of the tomatoes; and,

(iii) Ten percent for tomatoes which are otherwise defective: And provided further, That not more than 5 percent shall be allowed for tomatoes which are very seriously damaged by insects.

(e) For off size. Ten percent for tomatoes in any lot which are smaller than the specified minimum diameter, or larger than the specified maximum diameter.

(f) For off color. Ten percent for tomatoes in any lot which fail to meet the color specified, including therein not more than 5 percent for tomatoes which are green in color, when any term other than “Green” is specified.

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Application of Tolerances

§51.1862   Application of tolerances.

The contents of individual packages in the lot, based on sample inspection, are subject to the following limitations:

(a) For packages which contain more than 5 pounds (2.27 kg), and a tolerance of 10 percent or more is provided, individual packages shall have not more than 112 times the tolerance specified, and for a tolerance of less than 10 percent individual packages shall have not more than double the tolerance specified, except that at least one defective and one off size specimen may be allowed in any package: Provided, That the averages for the entire lot are within the tolerances specified for the grade; and,

(b) For packages which contain 5 pounds (2.27 kg) or less individual packages shall have not more than 4 times the tolerance specified, except that at least one tomato which is soft, or affected by decay, and one off-size specimen may be permitted in any package: Provided, That the averages for the entire lot are within the tolerances specified for the grade.

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Standard Weight

§51.1863   Standard weight.

(a) When packages are marked to a net weight of 15 pounds (6.80 kg) or more, the net weight of the contents shall not be less than the designated net weight and shall not exceed the designated weight by more than 2 pounds (0.91 kg).

(b) In order to allow for variations incident to proper sizing, not more than 15 percent, by count, of the packages in any lot may fail to meet the requirements for standard weight.

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Definitions

§51.1864   Similar varietal characteristics.

Similar varietal characteristics means that the tomatoes are alike as to firmness of flesh and shade of color (for example, soft-fleshed, early maturing varieties are not mixed with firm-fleshed, midseason or late varieties, or bright red varieties mixed with varieties having a purplish tinge).

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§51.1865   Mature.

Mature means that the tomato has reached the stage of development which will insure a proper completion of the ripening process, and that the contents of two or more seed cavities have developed a jelly-like consistency and the seeds are well developed.

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§51.1866   Soft.

Soft means that the tomato yields readily to slight pressure.

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§51.1867   Clean.

Clean means that the tomato is practically free from dirt or other foreign material.

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§51.1868   Well developed.

Well developed means that the tomatoe shows normal growth. Tomatoes which are ridged and peaked at the stem end, contain dry tissue, and usually contain open spaces below the level of the stem scar, are not considered well developed.

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§51.1869   Fairly well formed.

Fairly well formed means that the tomato is not more than moderately kidney-shaped, lop-sided, elongated, angular, or otherwise moderately deformed.

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§51.1870   Fairly smooth.

Fairly smooth means that the tomato is not conspicuously ridged or rough.

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§51.1871   Damage.

Damage means any specific defect described in §51.1877, table II; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materially detracts from the appearance, or the edible or marketing quality of the tomato.

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§51.1872   Reasonably well formed.

Reasonably well formed means that the tomato is not decidedly kidney-shaped, lop-sided, elongated, angular, or otherwise decidedly deformed.

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§51.1873   Slightly rough.

Slightly rough means that the tomato is not decidedly ridged or grooved.

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§51.1874   Serious damage.

Serious damage means any specific defect described in §51.1877, table II; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which seriously detracts from the appearance, or the edible or marketing quality of the tomato.

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§51.1875   Misshapen.

Misshapen means that the tomato is decidedly kidney-shaped, lop-sided, elongated, angular or otherwise decidedly deformed: Provided, That the shape is not affected to an extent that the appearance or the edible quality of the tomato is very seriously affected.

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§51.1876   Very serious damage.

Very serious damage means any specific defect described in §51.1877, Table II; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which very seriously detracts from the appearance, or the edible or marketing quality of the tomato.

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§51.1877   Classification of defects.

Table II

References to Area, Aggregate Area, Length or Aggregate Length are Based on a Tomato Having a Diameter of 212 Inches (64 mm)1

FactorDamageSerious damageVery serious damage
Cuts and broken skinsNot shallow or not well healed, or shallow, well healed cut more than 12 inch (13 mm) in length, or other shallow, well healed skin breaks aggregating more than a circle 38 inch (10 mm) in diameterNot shallow or not well healed, or shallow, well healed cut more than 12 inch (13 mm) in length, or other shallow, well healed skin breaks aggregating more than a circle 12 inch (13 mm) in diameterFresh or healed and extending through the tomato wall.
PuffinessOpen space in 1 or more locules materially detracts from appearance of tomato cut through center at right angles to a line from stem to blossom endOpen space in 1 or more locules seriously detracts from appearance of tomato cut through center at right angles to a line from stem to blossom endOpen space in 2 or more locules very seriously detracts from appearance of tomato cut through center at right angles to a line from stem to blossom end.
CatfacesScars are rough or deep, channels are very deep or wide, channels extend into a locule, or a fairly smooth catface aggregating more than a circle 12 inch (13 mm) in diameterScars are rough or deep, channels are very deep or wide, channels extend into a locule, or a fairly smooth catface aggregating more than a circle 34 inch (19 mm) in diameterChannels extend into the locule, wall has been weakened to the extent that slight pressure will cause a tomato to leak, or a fairly smooth catface aggregating more than a circle 1 inch (25 mm) in diameter.
Scars (other than catfaces)No depth and aggregating more than a circle 38 inch (10 mm) in diameterNo depth and aggregating more than a circle 58 inch (16 mm) in diameterNo depth and aggregating more than a circle 1 inch (25 mm) in diameter.
Growth cracks (radiating from or concentric to stem scar)Not well healed, more than 18 inch (3 mm) in depth, individual radial cracks more than 12 inch (13 mm) in length, aggregate length of all radial cracks more than 1 inch (25 mm) measured from edge of stem scar. Any lot of tomatoes which are at least turning may have cracks which are not well healed provided they are not leakingNot well healed, more than 18 inch (3 mm) in depth, individual radial cracks more than 34 inch (19 mm) in length, aggregate length of all radial cracks more than 134 inches (44 mm) measured from edge of stem scar. Any lot of tomatoes which are at least turning may have cracks which are not well healed provided they are not leakingNot well healed, more than 14 inch (6 mm) in depth, individual radial cracks more than 1 inch (25 mm) in length, aggregate length of all radial cracks more than 278 inches (73 mm) measured from edge of stem scar. Any lot of tomatoes which are at least turning may have cracks which are not well healed provided they are not leaking, not more than 18 inch (3 mm) in depth, individual radial cracks are not more than 34 inch (19 mm) in length.
HailDeep, rough, not well healed and corked over, or fairly smooth, shallow hailmarks aggregating more than a circle 38 inch (10 mm) in diameterDeep, rough, not well healed and corked over, or fairly smooth, shallow hailmarks aggregating more than a circle 58 inch (16 mm) in diameterFresh, very deep or fairly smooth, shallow hailmarks aggregating more than a circle 1 inch (25 mm) in diameter.
Insect injuryMaterially detracts from the appearance of any insect is present in the fruitSeriously detracts from the appearance of any insect is present in the fruitVery seriously detracts from the appearance of any insect is present in the fruit.

1Conversion to metric equivalent, made to nearest whole millimeter.

[38 FR 23932, Sept. 5, 1973, as amended at 38 FR 32920, Nov. 29, 1973. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981]

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Subpart—United States Consumer Standards for Fresh Tomatoes

Source: 18 FR 7144, Nov. 11, 1953, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981.

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General

§51.1900   General.

These standards apply only to fieldgrown tomatoes and not to tomatoes grown in greenhouses.

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Grades

§51.1901   U.S. Grade A.

U.S. Grade A shall consist of tomatoes of similar varietal characteristics which are mature and are at least turning (see §51.1904), but are not overripe or soft which are well developed, at least fairly well formed, fairly smooth, free from soft rot, freezing injury, and from damage caused by dirt, bruises, cuts, shriveling, sunscald, sunburn, puffiness, catfaces, growth cracks, scars, dry rot, other diseases, insects, hail, or mechanical or other means. Tomatoes on the shown face shall be reasonably representative in size and quality of the contents of the container. (See §51.1903.)

(a) Incident to proper grading and handling, except for maturity, not more than 5 percent, by count, of the tomatoes in any lot may fail to meet the requirements of the grade, including not more than 1 percent for tomatoes which are affected by soft rot.

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§51.1902   U.S. Grade B.

U.S. Grade B shall consist of tomatoes of similar varietal characteristics which are mature and are at least turning (see §51.1904), but are not overripe or soft and not badly misshapen; which are free from soft rot, freezing injury and from serious damage caused by dirt, bruises, cuts, shriveling, sunscald, sunburn, puffiness, catfaces, growth cracks, scars, dry rot, other diseases, insects hail, or mechanical or other means Tomatoes on the shown face shall be reasonably representative in size and quality of the contents of the container. (See §51.1903.)

(a) Incident to proper grading and handling, except for maturity, not more than 5 percent, by count, of the tomatoes in any lot may fail to meet the requirements of the grade, including not more than 1 percent for tomatoes which are affected by soft rot.

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Size and Maturity Classification

§51.1903   Size classification.

The following terms may be used for describing the size of the tomatoes in any lot:

SmallMedium
Under 3 oz3 to 6 oz., inc.
LargeVery Large
Over 6 to 10 oz., incOver 10 oz.

(a) The tomatoes may also be classed in terms of combinations of the above sizes, as “Small to Medium,” “Medium to Large,” “Small to Very Large,” etc., in accordance with the facts.

(b) Incident to proper sizing, not more than 10 percent, by count, of the tomatoes in any lot may vary from the size specified.

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§51.1904   Maturity classification.

Tomatoes which are characteristically red when ripe, but are not overripe or soft, may be classified for maturity as follows:

(a) Turning, when at least some part of the surface of the tomato, but less than one-half of the surface in the aggregate, is covered with pink color.

(b) Pink, when the tomato shows from one-half to three-fourths of the surface in the aggregate covered with pink or red color.

(c) Hard ripe, when the tomato shows three-fourths or more of the surface in the aggregate covered with pink or red color.

(d) Firm ripe, when the tomato shows three-fourths or more of the surface in the aggregate covered with red color characteristic of reasonably well ripened tomatoes.

(e) Incident to proper maturity determination, not more than a total of 10 percent, by count, of the tomatoes in any lot may fail to meet the maturity specified: Provided, That not more than 5 percent shall be allowed for tomatoes which are immature or are overripe or soft.

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Off-Grade

§51.1905   Off-Grade tomatoes.

Tomatoes which fail to meet the requirements of either of the foregoing grades shall be Off-Grade tomatoes.

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Definitions

§51.1906   Similar varietal characteristics.

Similar varietal characteristics means that the tomatoes are alike as to color, i.e., bright red varieties shall not be mixed with varieties which have a purplish tinge.

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§51.1907   Mature.

Mature means that the tomato has reached the stage of development which will insure a proper completion of the ripening process.

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§51.1908   Well developed.

Well developed means that the tomato shows normal growth. Tomatoes which are ridged and peaked at the stem end, contain dry tissue and usually open spaces, are not considered well developed.

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§51.1909   Fairly well formed.

Fairly well formed means that the tomato is not decidedly kidney-shaped, lopsided, elongated, angular, or otherwise deformed.

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§51.1910   Fairly smooth.

Fairly smooth means that the tomato is not conspicuously ridged or rough.

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§51.1911   Damaged.

Damaged means any defect which materially affects the appearance, or edible, shipping or keeping quality of the tomatoes. Any one of the following defects or any combination thereof, the seriousness of which exceeds the maximum allowed for any one defect, shall be considered as damage:

(a) Cuts which are not shallow, not well healed, or when more than 12 inch in length.

(b) Puffiness if the open space in one or more locules materially affects the appearance when the tomato is cut through the center at right angles to a line running from the stem to the blossom end.

(c) Catfaces. These are irregular, dark, leathery scars at the blossom end of the fruit. Such scars damage the tomato when they are rough or deep, or when channels extend into the locule, or when they are fairly smooth and greater in area than a circle 38 inch in diameter on a 212 inch tomato. Smaller tomatoes shall have lesser areas of fairly smooth catfaces and larger tomatoes may have greater areas, provided that such catfaces do not affect the appearance of the tomatoes to a greater extent than that caused by fairly smooth catfaces which are permitted on a 212 inch tomato.

(d) Growth cracks. These are ruptures or cracks radiating from the stem scar, or concentric to the stem scar. They damage the tomato when not well healed, or when more than 12 inch in length measured from the margin of the stem scar; except that very narrow, well healed cracks concentric to the stem scar shall not be considered as damage unless they are so numerous as to damage the appearance of the fruit.

(e) Scars (except catfaces), when dark colored and shallow and aggregating more than 14 inch in diameter on a tomato 212 inches in diameter, or lighter colored shallow scars covering a greater area when they detract from the appearance to a greater extent than a dark-colored, shallow scar 14 inch in diameter. Smaller tomatoes shall have lesser areas of scars and larger tomatoes may have greater areas: Provided, That such scars do not affect the appearance of the tomatoes to a greater extent than that caused by scars which are permitted on a 212 -inch tomato. A scar which penetrates the wall of the tomato shall be considered as damage.

(f) Dry rot such as dry type Macrosporium or Phoma, when the spot is not adjacent to the stem scar, or when adjacent to the stem scar and more than 316 inch in diameter.

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§51.1912   Badly misshapen.

Badly misshapen means that the tomato is so badly deformed that its appearance is seriously affected.

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§51.1913   Serious damage.

Serious damage means any defect which seriously affects the appearance, or edible, shipping, or keeping quality of the tomatoes. Any one of the following defects or any combination thereof, the seriousness of which exceeds the maximum allowed for any one defect, shall be considered as serious damage:

(a) Soft ripe tomatoes or tomatoes affected by the soft rot.

(b) Fresh holes or cuts, or any holes or cuts through the tomato wall, or healed cuts which seriously affect the appearance of the tomato.

(c) Tomatoes showing any effects of freezing.

(d) Puffiness which causes the tomato to be distinctly light in weight.

(e) Growth cracks, when not well healed, or when so extensive, deep or discolored that the appearance of the tomato is seriously affected.

(f) Scars (except catfaces), when dark colored and shallow and aggregating more than 12 inch in diameter on a tomato 212 inches in diameter, or lighter colored, shallow scars covering a greater area when they detract from the appearance to a greater extent than a darkcolored, shallow scar 12 inch in diameter. Smaller tomatoes shall have lesser areas of scars and larger tomatoes may have greater areas: Provided, That such scars do not affect the appearance of the tomatoes to a greater extent than that caused by scars which are permitted on a 212 -inch tomato.

(g) Dry rot such as dry type Macrosporium or Phoma, when the spot is not adjacent to the stem scar, or when adjacent to the stem scar and more than 14 inch in diameter.

(h) Fruit actually infested with worms.

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Subpart—United States Standards for Grades of Filberts in the Shell1

1Packing of the product in conformity with the requirements of these standards shall not excuse failure to comply with the provisions of the Federal Food, Drug and Cosmetic Act or with other applicable State laws and regulations.

Source: 35 FR 11453, July 17, 1970, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981.

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Grade

§51.1995   U.S. No. 1.

“U.S. No. 1” consists of filberts in the shell which meet the following requirements:

(a) Similar type; and,

(b) Dry.

(c) Shells:

(1) Well formed; and,

(2) Clean and bright.

(3) Free from:

(i) Blanks; and,

(ii) Broken or split shells.

(4) Free from damage caused by:

(i) Stains; and,

(ii) Adhering husk; or,

(iii) Other means.

(d) Kernels:

(1) Reasonably well developed; and,

(2) Not badly misshapen.

(3) Free from:

(i) Rancidity;

(ii) Decay;

(iii) Mold; and,

(iv) Insect injury.

(4) Free from damage caused by:

(i) Shriveling; and,

(ii) Discoloration; or,

(iii) Other means.

(e) Size: The size shall be specified in connection with the grade in terms of minimum diameter, minimum and maximum diameters, or in accordance with one of the size classifications in Table I.

Table I

Size classificationsMaximum size—Will pass through a round opening of the following sizeMinimum size—Will not pass through a round opening of the following size
Round type varieties:
   JumboNo maximum 5664 inch.
   Large 5664 inch 4964 inch.
   Medium 4964 inch 4564 inch.
   Small 4564 inchNo minimum.
Long type varieties:
   JumboNo maximum 4764 inch.
   Large 4864 inch 4464 inch.
   Medium 4564 inch 3464 inch.
   Small 3564 inch.No minimum.

(f) Tolerances: In order to allow for variations incident to proper grading and handling, the following tolerances, by count, are permitted as specified:

(1) For mixed types. 20 percent for filberts which are of a different type.

(2) For defects. 10 percent for filberts which are below the requirements of this grade: Provided, That not more than one-half of this amount or 5 percent shall consist of blanks, and not more than 5 percent shall consist of filberts with rancid, decayed, moldy or insect injured kernels, including not more than 3 percent for insect injury.

(3) For off-size. 15 percent for filberts which fail to meet the requirements for thesize specified, but not more than two-thirds of this amount, or 10 percent shall consist of undersize filberts.

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Application of Standards

§51.1996   Application of standards.

(a) The grade of a lot of filberts shall be determined on the basis of a composite sample drawn from containers in various locations in the lot. However, any container or group of cantainers in which the filberts are obviously of a quality, type or size materially different from that in the majority of containers shall be considered a separate lot, and shall be sampled separately.

(b) In grading the sample, each filbert shall be examined for defects of the shell before being cracked for kernel examination. A filbert shall be classed as only one defective nut even though it may be defective externally and internally.

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Definitions

§51.1997   Similar type.

Similar type means that the filberts in each container are of the same general type and appearance. For example, nuts of the round type shall not be mixed with those of the long type in the same container.

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§51.1998   Dry.

Dry means that the shell is free from surface moisture, and that the shells and kernels combined do not contain more than 10 percent moisture.

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§51.1999   Well formed.

Well formed means that the filbert shell is not materially misshapen.

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§51.2000   Clean and bright.

Clean and bright means that the individual filbert and the lot as a whole are practically free from adhering dirt and other foreign material, and that the shells have characteristic color.

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§51.2001   Blank.

Blank means a filbert containing no kernel or a kernel filling less than one-fourth the capacity of the shell.

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§51.2002   Split shell.

Split shell means a shell having any crack which is open and conspicuous for a distance of more than one-fourth the circumference of the shell, measured in the direction of the crack.

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§51.2003   Damage.

Damage means any specific defect described in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects which materially detracts from the appearance, or the edible or marketing quality of the filberts. The following specific defects shall be considered as damage:

(a) Stains which are dark and materially affect the appearance of the individual shell.

(b) Adhering husk when covering more than 5 percent of the surface of the shell in the aggregate.

(c) Shriveling when the kernel is materially shrunken, wrinkled, leathery or tough.

(d) Discoloration when the appearance of the kernel is materially affected by black color.

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§51.2004   Reasonably well developed.

Reasonably well developed means that the kernel fills one-half or more of the capacity of the shell.

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§51.2005   Badly misshapen.

Badly misshapen means that the kernel is so malformed that the appearance is materially affected.

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§51.2006   Rancidity.

Rancidity means that the kernel is noticeably rancid to the taste. An oily appearance of the flesh does not necessarily indicate a rancid condition.

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§51.2007   Moldy.

Moldy means that there is a visible growth of mold either on the outside or the inside of the kernel.

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§51.2008   Insect injury.

Insect injury means that the insect, frass or web is present inside the nut or the kernel shows definite evidence of insect feeding.

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Metric Conversion Table

§51.2009   Metric conversion table.

InchesMillimeters (mm)
6264 24.6
5964 23.4
5664 22.2
4964 19.4
4864 19.0
4764 18.6
4564 17.9
4464 17.5
4264 16.7
3564 13.9
3464 13.5

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Subpart—United States Standards for Grades of Almonds in the Shell

Source: 62 FR 2892, Jan. 21, 1997, unless otherwise noted.

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Grades

§51.2075   U.S. No. 1.

“U.S. No. 1” consists of almonds in the shell which are of similar varietal characteristics and free from loose extraneous and foreign material. The shells are clean, fairly bright, fairly uniform color, and free from damage caused by discoloration, adhering hulls, broken shells or other means. The kernels are well dried, free from decay, rancidity, and free from damage caused by insects, mold, gum, skin discoloration, shriveling, brown spot or other means.

(a) Unless otherwise specified, the almonds are of a size not less than 2864 of an inch (11.1 mm) in thickness.

(b) In order to allow for variations incident to proper grading and handling, the following tolerances are provided as specified:

(1) For external (shell) defects. 10 percent, by count, for almonds which fail to meet the requirements of this grade other than for variety and size;

(2) For dissimilar varieties. 5 percent, by count, including therein not more than 1 percent for bitter almonds mixed with sweet almonds;

(3) For size. 5 percent, by count, for almonds which are smaller than the specified minimum thickness;

(4) For loose extraneous and foreign material. 2 percent, by weight, including therein not more than 1 percent which can pass through a round opening 2464 inch (9.5 mm) in diameter: Provided, that such material is practically free from insect infestation; and,

(5) For internal (kernel) defects. 10 percent, by weight, for almonds with kernels failing to meet the requirements of this grade: Provided, that not more than one-half of this tolerance or 5 percent shall be allowed for kernels affected by decay or rancidity, damaged by insects or mold or seriously damaged by shriveling: And provided further, that no part of this tolerance shall be allowed for live insects inside the shell.

[62 FR 2892, Jan. 21, 1997, as amended at 78 FR 14908, Mar. 8, 2013]

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§51.2076   U.S. No. 1 Mixed.

“U.S. No. 1 Mixed” consists of almonds in the shell which meet the requirements of U.S. No. 1 grade, except that two or more varieties of sweet almonds are mixed.

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§51.2077   U.S. No. 2.

“U.S. No. 2” consists of almonds in the shell which meet the requirements of U.S. No. 1 grade, except that an additional tolerance of 20 percent shall be allowed for almonds with shells damaged by discoloration.

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§51.2078   U.S. No. 2 Mixed.

“U.S. No. 2 Mixed” consists of almonds in the shell which meet the requirements of U.S. No. 2 grade, except that two or more varieties of sweet almonds are mixed.

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Application of Tolerances

§51.2079   Application of tolerances.

The tolerances for the foregoing grades are applied to the entire lot of almonds, based upon a composite sample drawn from containers throughout the lot.

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Determination of Grade

§51.2080   Determination of grade.

In grading the inspection sample, the percentage of loose hulls, pieces of shell, chaff and foreign material is determined on the basis of weight. Next, the percentages of nuts which are of dissimilar varieties, undersize or have adhering hulls or defective shells are determined by count, using an adequate portion of the total sample. Finally, the nuts in that portion of the sample are cracked and the percentage having internal defects is determined on the basis of weight.

[78 FR 14908, Mar. 8, 2013]

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Definitions

§51.2081   Similar varietal characteristics.

Similar varietal characteristics means that the almonds are similar in shape, and are reasonably uniform in degree of hardness of the shells, and that bitter almonds are not mixed with sweet almonds. For example, hard-shelled varieties, semi-soft shelled varieties, soft-shelled varieties and paper-shelled varieties are not mixed together, nor are any two of these types mixed under this definition.

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§51.2082   Loose extraneous and foreign material.

Loose extraneous and foreign material means loose hulls, empty broken shells, pieces of shells, external insect infestation and any substance other than almonds in the shell or almond kernels.

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§51.2083   Clean.

Clean means that the shell is practically free from dirt and other adhering foreign material.

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§51.2084   Fairly bright.

Fairly bright means that the shells show good characteristic color.

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§51.2085   Fairly uniform color.

Fairly uniform color means that the shells do not show excessive variation in color, whether bleached or natural.

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§51.2086   Well dried.

Well dried means that the kernel is firm and brittle, not pliable or leathery.

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§51.2087   Decay.

Decay means that part or all of the kernel has become decomposed.

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§51.2088   Rancidity.

Rancidity means that the kernel is noticeably rancid to taste.

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§51.2089   Damage.

Damage means any defect which materially detracts from the appearance of the individual kernel, or the edible or shipping quality of the almond. Any one of the following defects or combination thereof, the seriousness of which exceeds the maximum allowed for any one defect shall be considered as damage:

(a) Discoloration of the shell which is medium gray to black and affects more than one-eighth of the surface in the aggregate. Normal variations of a reddish or brownish color shall not be considered discoloration;

(b) Adhering hulls which cover more than 5 percent of the shell surface in the aggregate;

(c) Broken shells when a portion of the shell is missing, or the shell is broken or fractured to the extent that moderate pressure will permit the kernel to become dislodged;

(d) Insect injury when the insect, web or frass is present or there is definite evidence of insect feeding;

(e) Mold, when visible on the kernel, except when white or gray and easily rubbed off with the fingers;

(f) Gum, when a film of shiny, resinous appearing substance affects an area aggregating more than the equivalent of a circle one-quarter inch (6.4 mm) in diameter;

(g) Skin discoloration when more than one-half of the surface of the kernel is affected by very dark or black stains contrasting with the natural color of the skin;

(h) Shriveling when the kernel is excessively thin for its size, or when materially withered, shrunken, leathery, tough or only partially developed: Provided, that partially developed kernels are not considered damaged if more than three-fourths of the pellicle is filled with meat. An almond containing two kernels shall not be classed as damaged if either kernel has more than three-fourths of the pellicle filled with meat; and,

(i) Brown spot which affects an aggregate area on the kernel greater than the area of a circle one-eighth inch (3.2 mm) in diameter.

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§51.2090   Serious damage.

Serious damage means any defect which makes a kernel or piece of kernel unsuitable for human consumption, and includes decay, rancidity, insect injury and damage by mold. The following defect shall be considered as serious damage: Shriveling when the kernel is seriously withered, shrunken, leathery, tough or only partially developed: Provided, that partially developed kernels are not considered seriously damaged if more than one-fourth of the pellicle is filled with meat.

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§51.2091   Thickness.

Thickness means the greatest dimension between the two semi-flat surfaces of the shell measured at right angles to a plane extending between the seams of the shell.

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Subpart—United States Standards for Grades of Shelled Almonds

Source: 62 FR 2894, Jan. 21, 1997, unless otherwise noted.

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Grades

§51.2105   U.S. Fancy.

“U.S. Fancy” consists of shelled almonds of similar varietal characteristics which are whole, clean and well dried, and which are free from decay, rancidity, insect injury, foreign material, doubles, split or broken kernels, particles and dust, and free from injury caused by chipped and scratched kernels, and free from damage caused by mold, gum, shriveling, brown spot or other means. (See §§51.2113 and 51.2114.)

In order to allow for variations incident to proper grading and handling, the following tolerances, by weight, shall be permitted:

(a) For dissimilar varieties. 5 percent, including not more than one-fifth of this amount, or 1 percent, for bitter almonds mixed with sweet almonds;

(b) For doubles. 3 percent;

(c) For kernels injured by chipping and/or scratching. 5 percent;

(d) For foreign material. One-twentieth of 1 percent (0.05 percent). No part of this percentage shall be allowed for glass and metal;

(e) For particles and dust. One-tenth of 1 percent (0.10 percent); and,

(f) For other defects. 2 percent, including not more than one-half of this amount, or 1 percent, for split or broken kernels, and including not more than one-half of the former amount, or 1 percent, for seriously damaged kernels.

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§51.2106   U.S. Extra No. 1.

“U.S. Extra No. 1” consists of shelled almonds of similar varietal characteristics which are whole, clean and well dried, and which are free from decay, rancidity, insect injury, foreign material, doubles, split or broken kernels, particles and dust, and free from damage caused by chipped and scratched kernels, mold, gum, shriveling, brown spot or other means. (See §§51.2113 and 51.2114.)

In order to allow for variations incident to proper grading and handling, the following tolerances, by weight, shall be permitted:

(a) For dissimilar varieties. 5 percent, including not more than one-fifth of this amount, or 1 percent, for bitter almonds mixed with sweet almonds;

(b) For doubles. 5 percent;

(c) For kernels damaged by chipping and/or scratching. 5 percent;

(d) For foreign material. One-twentieth of 1 percent (0.05 percent). No part of this percentage shall be allowed for glass and metal;

(e) For particles and dust. One-tenth of 1 percent (0.10 percent); and,

(f) For other defects. 4 percent, including not more than one-fourth of this amount, or 1 percent, for split or broken kernels, and including not more than three-eighths of the former amount, or 112 percent, for seriously damaged kernels.

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§51.2107   U.S. No. 1.

“U.S. No. 1” consists of shelled almonds of similar varietal characteristics which are whole, clean and well dried, and which are free from decay, rancidity, insect injury, foreign material, doubles, split or broken kernels, particles and dust, and free from damage caused by chipped and scratched kernels, mold, gum, shriveling, brown spot or other means. (See §§51.2113 and 51.2114.)

In order to allow for variations incident to proper grading and handling, the following tolerances, by weight, shall be permitted:

(a) For dissimilar varieties. 5 percent, including not more than one-fifth of this amount, or 1 percent, for bitter almonds mixed with sweet almonds;

(b) For doubles. 15 percent;

(c) For kernels damaged by chipping and/or scratching. 10 percent;

(d) For foreign material. One-twentieth of 1 percent (0.05 percent). No part of this percentage shall be allowed for glass and metal;

(e) For particles and dust. One-tenth of 1 percent (0.10 percent); and,

(f) For other defects. 5 percent including not more than one-fifth of this amount, or 1 percent, for split or broken kernels, and including not more than three-tenths of the former amount, or 112 percent, for seriously damaged kernels.

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§51.2108   U.S. Select Sheller Run.

“U.S. Select Sheller Run” consists of shelled almonds of similar varietal characteristics which are whole, clean and well dried, and which are free from decay, rancidity, insect injury, foreign material, doubles, split or broken kernels, particles and dust, and free from damage caused by chipped and scratched kernels, mold, gum, shriveling, brown spot or other means. (See §§51.2113 and 51.2114.)

In order to allow for variations incident to proper grading and handling, the following tolerances, by weight, shall be permitted:

(a) For dissimilar varieties. 5 percent, including not more than one-fifth of this amount, or 1 percent, for bitter almonds mixed with sweet almonds;

(b) For doubles. 15 percent;

(c) For kernels damaged by chipping and/or scratching. 20 percent;

(d) For foreign material. One-tenth of 1 percent (0.10 percent). No part of this percentage shall be allowed for glass and metal;

(e) For particles and dust. One-tenth of 1 percent (0.10 percent);

(f) For split and broken kernels. 5 percent: Provided, that not more than two-fifths of this amount, or 2 percent, shall be allowed for pieces which will pass through a round opening 2064 inch (7.9 mm) in diameter; and,

(g) For other defects. 3 percent, including not more than two-thirds of this amount, or 2 percent, for serious damage.

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§51.2109   U.S. Standard Sheller Run.

“U.S. Standard Sheller Run” consists of shelled almonds of similar varietal characteristics which are whole, clean and well dried, and which are free from decay, rancidity, insect injury, foreign material, doubles, split or broken kernels, particles and dust, and free from damage caused by chipped and scratched kernels, mold, gum, shriveling, brown spot or other means. (See §§51.2113 and 51.2114.)

In order to allow for variations incident to proper grading and handling, the following tolerances, by weight, shall be permitted:

(a) For dissimilar varieties. 5 percent, including not more than one-fifth of this amount, or 1 percent, for bitter almonds mixed with sweet almonds;

(b) For doubles. 25 percent;

(c) For kernels damaged by chipping and/or scratching or split and broken. 35 percent; Provided, that not more than three-sevenths of this amount, or 15 percent, shall be allowed for split and broken: And Provided Further, that not more than one-third of this latter amount, or 5 percent, shall be allowed for pieces which will pass through a round opening 2064 inch (7.9 mm) in diameter;

(d) For foreign material. Two-tenths of 1 percent (0.20 percent). No part of this percentage shall be allowed for glass and metal;

(e) For particles and dust. One-tenth of 1 percent (0.10 percent); and,

(f) For other defects. 3 percent, including not more than two-thirds of this amount, or 2 percent, for serious damage.

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§51.2110   U.S. No. 1 Whole and Broken.

“U.S. No. 1 Whole and Broken” consists of shelled almonds of similar varietal characteristics which are clean and well dried, and which are free from decay, rancidity, insect injury, foreign material, doubles, particles and dust, and free from damage caused by mold, gum, shriveling, brown spot or other means.

(a) In this grade not less than 30 percent, by weight, of the kernels shall be whole. Doubles shall not be considered as whole kernels in determining the percentage of whole kernels.

(b) Unless otherwise specified, the minimum diameter shall be not less than 2064 of an inch (7.9 mm). (See §§51.2113 and 51.2114.)

(c) In order to allow for variations incident to proper grading and handling, the following tolerances, by weight, shall be permitted:

(1) For dissimilar varieties. 5 percent, including not more than one-fifth of this amount, or 1 percent, for bitter almonds mixed with sweet almonds;

(2) For doubles. 35 percent;

(3) For foreign material. Two-tenths of 1 percent (0.20 percent). No part of this percentage shall be allowed for glass and metal;

(4) For particles and dust. One-tenth of 1 percent (0.10 percent);

(5) For undersize. 5 percent; and,

(6) For other defects. 5 percent, including not more than three-fifths of this amount, or 3 percent, for serious damage.

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§51.2111   U.S. No. 1 Pieces.

“U.S. No. 1 Pieces” consists of shelled almonds which are not bitter, which are clean and well dried, and which are free from decay, rancidity, insect injury, foreign material, particles and dust, and free from damage caused by mold, gum, shriveling, brown spot or other means.

(a) Unless otherwise specified, the minimum diameter shall be not less than 864 of an inch (3.2 mm). (See §§51.2113 and 51.2114.)

(b) In order to allow for variations incident to proper grading and handling, the following tolerances, by weight, shall be permitted:

(1) For bitter almonds mixed with sweet almonds. 1 percent;

(2) For foreign material. Two-tenths of 1 percent (0.20 percent). No part of this percentage shall be allowed for glass and metal;

(3) For particles and dust. 1 percent; and

(4) For other defects. 5 percent, including not more than three-fifths of this amount, or 3 percent, for serious damage.

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Mixed Varieties

§51.2112   Mixed varieties.

Any lot of shelled almonds designated as “one type” or undesignated as to type, which consists of a mixture of two or more dissimilar varieties which meet the other requirements of any of the grades of U.S. No. 1, U.S. Select Sheller Run, U.S. Standard Sheller Run, U.S. No. 1 Whole and Broken may be designated as: “U.S. No. 1 Mixed;” “U.S. Select Sheller Run Mixed;” “U.S. Standard Sheller Run Mixed;” “U.S. No. 1 Whole and Broken Mixed;” respectively; but no lot of any of these grades may include more than 1 percent of bitter almonds mixed with sweet almonds.

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Size

§51.2113   Size requirements.

The size may be specified in terms of range in count of whole almond kernels per ounce or in terms of minimum, or minimum and maximum diameter. When a range in count is specified, the whole kernels shall be fairly uniform in size, and the average count per ounce shall be within the range specified. Doubles and broken kernels shall not be used in determining counts. Count ranges per ounce commonly used are shown below, but other ranges may be specified: Provided, that the kernels are fairly uniform in size.

16 to 18, inclusive.

18 to 20, inclusive.

20 to 22, inclusive.

22 to 24, inclusive.

23 to 25, inclusive.

24 to 26, inclusive.

26 to 28, inclusive.

27 to 30, inclusive.

30 to 34, inclusive.

34 to 40, inclusive.

40 to 50, inclusive.

50 and smaller.

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§51.2114   Tolerances for size.

(a) When a range is specified as, for example, “ 1820 ,” no tolerance for counts above or below the range shall be allowed.

(b) When the minimum, or minimum and maximum diameter are specified, a total tolerance of not more than 10 percent, by weight, may fail to meet the specified size requirements: Provided, that not more than one-half of this amount, or 5 percent, may be below the minimum size specified.

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Application of Tolerances

§51.2115   Application of tolerances.

The tolerances for the grades are to be applied to the entire lot, and a composite sample shall be taken for determining the grade. However, any container or group of containers in which the almonds are found to be materially inferior to those in the majority of the containers shall be considered a separate lot.

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Definitions

§51.2116   Similar varietal characteristics.

Similar varietal characteristics means that the kernels are similar in shape and appearance. For example,