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Title 7 Part 51 → Subpart

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

Electronic Code of Federal Regulations e-CFR

Title 7 Part 51 → Subpart

e-CFR data is current as of December 4, 2019

Title 7Subtitle BChapter ISubchapter CPart 51 → Subpart


Title 7: Agriculture
PART 51—FRESH FRUITS, VEGETABLES AND OTHER PRODUCTS (INSPECTION, CERTIFICATION, AND STANDARDS)


§51.2275   Application.

The standards contained in this subpart apply only to walnuts commonly known as English or Persian walnuts (Juglans regia). They do not apply to walnuts commonly known as black walnuts (Juglans nigra).

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§51.2276   [Reserved]

§51.2277   U.S. No. 1.

“U.S. No. 1” consists of portions of walnut kernels which are well dried, clean, free from shell, foreign material, insect injury, decay, rancidity, and free from damage caused by shriveling, mold, discoloration of the meat or other means. (See §51.2280.)

(a) Color shall be specified in connection with this grade in terms of “extra light,” “light,” “light amber,” or “amber” from the USDA Walnut Color Chart or in terms of “red” color. The color classifications in the USDA Walnut Color Chart shall not apply to “red” color. Furthermore, “red” color shall not be mixed with “extra light,” “light,” “light amber,” or “amber” colors. (See §§51.2281 and 51.2282.)

(b) Size shall be specified in connection with this grade in terms of one of the size classifications. (See §§51.2284 and 51.2285.)

[23 FR 10354, Dec. 25, 1958. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 82 FR 39656, Aug. 22, 2017]

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§51.2278   U.S. Commercial.

“U.S. Commercial” consists of portions of walnut kernels which meet the requirements of U.S. No. 1 grade, except for increased tolerances. (See §51.2280.)

(a) Color of walnuts based on the USDA Walnut Color Chart shall be not darker than the “amber” classification. There are no color requirements for “red” color. Color may be specified in connection with the grade in terms of one of the color classifications in the USDA Walnut Color Chart or “red” color. “Red” color shall not be mixed with “extra light,” “light,” “light amber,” or “amber” colors. (See §§51.2281 and 51.2282.)

(b) Size shall be specified in connection with this grade in terms of one of the size classifications. (See §§51.2284 and 51.2285.)

[23 FR 10354, Dec. 25, 1958. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 82 FR 39657, Aug. 22, 2017]

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Unclassified

§51.2279   [Reserved]

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Tolerances for Grade Defects

§51.2280   Tolerances for grade defects.

(a) All percentages shall be claculated on the basis of weight.

(b) In order to allow for variations, other than for color and size, incident to proper grading and handling, tolerances shall be permitted for the respective grades as indicated in Table I:

Table I

[Percent]

GradeTolerances for grade defects
Total defectsSerious damageVery serious damageShell and foreign material
U. S. No. 152 (included in 5 percent total defects)1 (included in 2 percent serious damage)0.05 (included in 1 percent very serious damage).
U.S. Commercial84 (included in 8 percent total defects)2 (included in 4 percent serious damage)0.05 (included in 2 percent very serious damage).

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Color Requirements

§51.2281   Color classifications.

The following classifications are provided to describe the color of any lot:

(a) “Extra light,” “light,” “light amber,” and “amber:” The portions of kernels in the lot shall be not darker than the darkest color permitted in the specified classification as shown on the USDA Walnut Color Chart.

(b) “Red:” There are no color requirements.

[82 FR 39657, Aug. 22, 2017]

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§51.2282   Tolerances for color.

(a) All percentages shall be calculated on the basis of weight.

(b) In order to allow for variations incident to proper grading and handling, tolerances shall be permitted for the respective color classifications as indicated in Table II:

Table II

Color classificationTolerances for color
Darker than extra light1Darker than light1Darker than light amber1Darker than amber1
Extra light15 percent2 percent (included in 15 percent darker than extra light)
Light15 percent2 percent (included in 15 percent darker than light)
Light amber15 percent2 percent (included in 15 percent darker than light amber).
Amber10 percent.
Red

1See illustration of this term on USDA Walnut Color Chart.

[23 FR 10354, Dec. 25, 1958. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 82 FR 39657, Aug. 22, 2017]

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§51.2283   Off color.

The term “off color” is not a color classification, but shall be applied to any lot which fails to meet the requirements of the “amber” classification when applying the color classifications in the USDA Walnut Color Chart. Off color shall not be used for “red” color.

[82 FR 39657, Aug. 22, 2017]

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Size Requirements

§51.2284   Size classification.

The following classifications are provided to describe the size of any lot: “Halves”, “Pieces and Halves”, “Pieces” or “Small Pieces”. The size of portions of kernels in the lot shall conform to the requirements of the specified classification as defined below:

(a) Halves. Lot consists of 85 percent or more, by weight, half kernels, and the remainder three-fourths half kernels. (See §51.2285.)

(b) Pieces and halves. Lot consists of 20 percent or more, by weight, half kernels, and the remainder portions of kernels that cannot pass through a sieve with 2464 inch round openings. When a lot exceeds this minimum requirement, the actual percentage of halves may be specified. (See §51.2285.)

(c) Pieces. Lot consists of portions of kernels that cannot pass through a sieve with 2464 inch round openings. (See §51.2285.)

(d) Small pieces. Lot consists of portions of kernels that pass through a sieve with 2464 inch round openings, but that cannot pass through a sieve with 864 inch round openings. When desired, the actual size ranges within such size ranges may be specified. (See §51.2285.)

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§51.2285   Tolerances for size.

(a) All percentages shall be calculated on the basis of weight.

(b) In order to allow for variations incident to proper sizing and handling, tolerances shall be permitted for the respective size classifications as indicated in Table III:

Table III

[Percent]

Size classificationTolerances for size
Smaller than three-fourths halvesWill not pass through 2464 inch round holePass through 2464 inch round holePass through 1664 inch round holePass through 864 inch round hole
Halves51 (included in 5 percent)
Pieces and halves1183 (included in 18 percent)1 (included in 2 percent).
Pieces255 (included in 25 percent)1 (included in 5 percent).
Small pieces2102.

1No part of any tolerance shall be used to reduce the percentage of halves required or specified in a lot of “pieces and halves”.

2The tolerances of 10 percent and 2 percent for “small pieces” classification shall apply, respectively, to any smaller maximum or any larger minimum sizes specified.

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Application of Tolerances

§51.2286   Application of tolerances.

The tolerances provided in these standards are on a lot basis, and they shall be applied to a composite sample representative of the lot. However, any container or group of containers in which the walnuts are obviously of a quality materially different from that in the majority of containers shall be considered a separate lot, and shall be sampled separately.

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Definitions

§51.2287   Well dried.

Well dried means that the portion of kernel is firm and crisp, not pliable or leathery.

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§51.2288   Clean.

Clean means that the appearance of the individual portion of kernel, or of the lot as a whole, is not materially affected by adhering dust, dirt or other foreign material.

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§51.2289   Shell.

Shell means the outer shell and/or the woody partition from between the halves of the kernel, and any fragments of either.

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§51.2290   Insect injury.

Insect injury means that the insect, web, frass or other evidence of insects is present on the portion of kernel.

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§51.2291   Rancidity.

Rancidity means that the portion of kernel is noticeably rancid to the taste. Rancidity should not be confused with a slightly astringent flavor of the pellicle (skin) or with staleness (the state at which the flavor is flat but not objectionable).

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§51.2292   Damage.

Damage means any defect, other than color, which materially affects the appearance, or the edible or shipping quality of the individual portion of kernel, or of the lot as a whole. Any one of the following defects or any combination of defects the seriousness of which exceeds the maximum allowed for any one defect shall be considered as damage:

(a) Shriveling when more than one-eighth of the portion of kernel is severely shriveled, or a greater area is affected by lesser degrees of shriveling producing an equally objectionable appearance, except that kernels which are thin in corss-section but which are otherwise normally developed shall not be considered as damaged;

(b) Mold when plainly visible;

(c) Discoloration of the meat when more than one-eighth the volume of the portion of kernel is severely discolored, or a greater volume is affected by lesser degrees of discoloration producing an equally objectionable appearance;

(d) Not well dried; and,

(e) Not clean.

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§51.2293   Serious damage.

Serious damage means any defect, other than color, which seriously affects the appearance, or the edible or shipping quality of the individual portion of kernel or of the lot as a whole. Any one of the following defects or any combination of defects the seriousness of which exceeds the maximum allowed for any one defect shall be considered as serious damage:

(a) Shriveling when more than one-fourth of the kernel is severely shriveled, or a greater area is affected by lesser degrees of shriveling producing an equally objectionable appearance;

(b) Mold when plainly visible on more than one-eighth of the surface of the kernel in the aggregate; and,

(c) Discoloration of the meat when more than one-fourth the volume of the portion of kernel is severely discolored, or a greater volume is affected by lesser degrees of discoloration producing an equally objectionable appearance.

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§51.2294   Very serious damage.

Very serious damage means any defect, other than color, which very seriously affects the appearance, or the edible or shipping quality of the individual portion of kernel or of the lot as a whole. Any one of the following defects or any combination of defects the seriousness of which exceeds the maximum allowed for any one defect shall be considered as very serious damage:

(a) Shriveling when more than 50 percent of the portion of kernel is severely shriveled;

(b) Mold when plainly visible on more than one-fourth of the surface of the portion of kernel in the aggregate;

(c) Discoloration of the meat when more than one-half the volume of the portion of kernel is severely discolored;

(d) Insect injury;

(e) Rancidity or decay; and,

(f) Shell, or any foreign material.

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§51.2295   Half kernel.

Half kernel means the separated half of a kernel with not more than one-eighth broken off.

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§51.2296   Three-fourths half kernel.

Three-fourths half kernel means a portion of a half of a kernel which has more than one-eighth but not more than one-fourth broken off.

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