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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 November 7, 2019

Title 7Subtitle BChapter ISubchapter CPart 51 → Subpart


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


Subpart—United States Standards for Grades of Kiwifruit


Contents
§51.2335   Grades.
§51.2336   Tolerances.
§51.2337   Application of tolerances.
§51.2338   Standard pack.
§51.2339   Definitions.
§51.2340   Classification of defects.
§51.2341   Sample size for grade determination.

Source: 47 FR 34513, Aug. 10, 1982, unless otherwise noted.

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§51.2335   Grades.

(a) “U.S. Fancy” consists of kiwifruit which meet the following requirements:

(1) Basic Requirements:

(i) Similar varietal characteristics;

(ii) Mature;

(iii) Not soft, overripe, or shriveled;

(iv) Carefully packed;

(v) Clean; and,

(vi) Well formed.

(2) Free From:

(i) Worm holes;

(ii) Broken skins which are not healed;

(iii) Sunscald;

(iv) Freezing injury;

(v) Internal breakdown; and,

(vi) Decay.

(3) Free From Injury By:

(i) Bruises;

(ii) Leaf or limbrubs;

(iii) Discoloration;

(iv) Hail;

(v) Growth cracks;

(vi) Scab;

(vii) Scars;

(viii) Heat, sprayburn, or sunburn;

(ix) Scale;

(x) Insects;

(xi) Other diseases; and,

(xii) Mechanical or other means.

(4) Tolerances. (See §51.2336)

(b) “U.S. No. 1” consists of kiwifruit which meet the following requirements:

(1) Basic Requirements:

(i) Similar varietal characteristics;

(ii) Mature;

(iii) Not soft, overripe, or shriveled;

(iv) Carefully packed;

(v) Clean; and,

(vi) Fairly well formed.

(2) Free From:

(i) Worm holes;

(ii) Broken skins which are not healed;

(iii) Sunscald;

(iv) Freezing injury;

(v) Internal breakdown; and,

(vi) Decay.

(3) Free From Damage By:

(i) Bruises;

(ii) Leaf or limbrubs;

(iii) Discoloration;

(iv) Hail;

(v) Growth cracks;

(vi) Scab;

(vii) Scars;

(viii) Heat, sprayburn, or sunburn;

(ix) Scale;

(x) Insects;

(xi) Other diseases; and,

(xii) Mechanical or other means.

(4) Tolerances. (See §51.2336):

(c) “U.S. No. 2” consists of kiwifruit which meet the following requirements:

(1) Basic Requirements:

(i) Similar varietal characteristics;

(ii) Mature;

(iii) Not soft, overripe, or shriveled;

(iv) Carefully packed;

(v) Fairly clean; and,

(vi) Not badly misshapen.

(2) Free From:

(i) Worm holes;

(ii) Broken skins which are not healed;

(iii) Sunscald;

(iv) Freezing injury;

(v) Internal breakdown; and,

(vi) Decay.

(3) Free From Serious Damage By:

(i) Bruises;

(ii) Leaf or limbrubs;

(iii) Discoloration;

(iv) Hail;

(v) Growth cracks;

(vi) Scab;

(vii) Scars;

(viii) Heat, sprayburn, or sunburn;

(ix) Scale;

(x) Insects;

(xi) Other diseases; and,

(xii) Mechanical or other means.

(4) Tolerances. (See §51.2336)

[47 FR 34513, Aug. 10, 1982, as amended at 51 FR 36682, Oct. 15, 1986]

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§51.2336   Tolerances.

In order to allow for variations incident to proper grading and handling, the following tolerances by count, shall be permitted in any lot:

(a) U.S. Fancy and U.S. No. 1.

(1) For defects at shipping point.2 8 percent for fruit which fail to meet the requirements of the specified grade: Provided, That included in this amount not more than 4 percent shall be allowed for defects causing serious damage, including in this latter amount not more than 1 percent for fruit affected by internal breakdown or decay.

2Shipping 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 en route or at destination. 12 percent for fruit which fail to meet the requirements of the specified grade: Provided, That included in this amount not more than the following percentages shall be allowed for defects:

(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 fruit affected by internal breakdown or decay.

(b) U.S. No. 2.

(1) For defects at shipping point.2 8 percent for fruit which fail to meet the requirements of this grade: Provided, That included in this amoung not more than 4 percent shall be allowed for sunscald, insects, internal breakdown or decay, including in this latter amount not more than 1 percent for fruit affected by internal breakdown or decay.

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

(i) 8 percent for permanent defects including therein not more than 4 percent for sunscald, or insects; and,

(ii) 2 percent for internal breakdown or decay.

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§51.2337   Application of tolerances.

The contents of individual containers in a lot, based on sample inspection, are subject to the following limitations:

(a) Individual samples shall not have more than double a specified tolerance except that at least two defective specimens may be permitted in any container: Provided, That not more than one fruit which is frozen or affected by decay be permitted in any container 3 pounds or less; and, Provided further, That the averages for the entire lot are within the tolerances specified for the grade.

[47 FR 34513, Aug. 10, 1982, as amended at 50 FR 40186, Oct. 2, 1985; 51 FR 4293, Feb. 4, 1986]

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§51.2338   Standard pack.

(a) Fruit shall be fairly uniform in size and shall be packed in boxes, flats, lugs, or cartons and arranged according to approved and recognized methods. Containers shall be well filled; contents tightly packed but not be excessively or unnecessarily bruised by overfilling or oversizing. Fruit in the shown face of the container shall be reasonably representative in size and quality of the contents.

(b) When packed in closed containers the size shall be indicated by marking the container with the numerical count.

(c) Boxes, flats, lugs, or cartons:

(1) Fruit packed in containers with cell compartments, cardboard fillers or molded trays shall be of proper size for the cells, fillers, or molds in which they are packed, and conform to the marked count.

(2) In order to allow for variations incident to proper packing in other types of containers, for example, lugs, cartons, or boxes, the number of fruit shall not vary more than two from the marked count.

(d) “Fairly uniform in size” means that fruit in containers marked numerically to denote size may not vary in diameter more than 12 inch (12.7mm) in sizes 30 or larger; 38 inch (9.5mm) is sizes 31 through 38; and 14 inch (6.4mm) in sizes 39 or smaller. Not more than 5 percent, by count, of the fruit in any container may exceed the diameter range specified.

(e) “Diameter” means the greatest dimension measured at right angles to a line from stem to blossom end.

(f) In order to allow for variations incident to proper sizing and packing, not more than 10 percent, by count, of containers in any lot may fail to meet these requirements.

[47 FR 34513 Aug. 10, 1982, as amended at 50 FR 40186, Oct. 2, 1985; 51 FR 4293, Feb. 4, 1986]

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§51.2339   Definitions.

Similar varietal characteristics means the fruit in any lot and container are similar in shape, color of skin and flesh.

Mature means the fruit has reached the stage of development which will ensure the proper completion of the ripening process. The minimum average soluble solids, unless otherwise specified, shall be not less than 6.5 percent.

Clean means the fruit is practically free from dirt, dust, or other foreign material.

Fairly clean means the fruit is reasonably free from dirt, dust, or other foreign material.

Well formed means the fruit has the shape characteristic of the variety and slight bumps or other roughness are permitted providing they do not detract from the appearance.

Fairly well formed means the fruit has the shape characteristic of the variety but slight bumps or other roughness are permitted providing they do not materially detract from appearance.

Badly misshapen means the fruit is so decidely deformed that its appearance is seriously affected.

Carefully packed means the fruit shows no evidence of rough handling.

Injury means any defect described in §51.2340, or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which more than slightly detracts from the appearance, or the edible or marketing quality.

Damage means any defect described in §51.2340 or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materially detracts from the appearance, or the edible or marketing quality.

Serious damage means any defect described in §51.2340 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.

Permanent defects means those which are not subject to change during shipment or storage, for example, shape, scars, or growth cracks.

Condition defects means those defects which are subject to change during shipment or storage, for example, decay, soft, shriveling, discoloration, or bruises.

[47 FR 34513, Aug. 10, 1982, as amended at 50 FR 40186, Oct. 2, 1985; 51 FR 36682, Oct. 15, 1986; 51 FR 4293, Feb. 4, 1986]

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§51.2340   Classification of defects.

DefectsInjuryDamageSerious damage
BruisesWhen any slight indentation of the fruit or discoloration of the flesh extends more than 116 inch (1.6 mm) in depthWhen surface of fruit is indented and discoloration of the flesh extends deeper than 18 inch (3.2 mm), or causing slight discoloration exceeding the area of a circle 38 inch (9.5 mm) in diameter, or lesser bruises aggregating an area of a circle 38 inch (9.5 mm) in diameter which materially detract from the appearance, edible or shipping qualityWhen surface of the fruit is indented and discoloration of the flesh extends deeper than 14 inch (6.4 mm), or causing discoloration exceeding the area of a circle 12 inch (12.7 mm) in diameter, or lesser bruises which seriously detract from the appearance, edible or shipping quality.
Leaf or LimbrubsWhen not smooth, or not light colored, or aggregating more than the area of a circle 38 inch (9.5 mm) in diameterWhen not smooth, or not light colored, or aggregating more than the area of a circle 12 inch (12.7 mm) in diameterWhen smooth and light colored and aggregating more than the area of a circle 1- 12 inches (38.1 mm) in diameter, or dark or slightly rough and barklike scars aggregating more than the area of a circle 34 inch (19.1 mm) in diameter.
DiscolorationWhen color and pattern causes a distinct noticeable appearance (except for water staining) affecting more than 5% of surfaceWhen color and pattern causes an unattractive appearance (except for water staining) affecting more than 10% of surfaceWhen color and pattern causes a distinct unattractive appearance (except for water staining) affecting more than 25% of surface.
Hail InjuryWhen unhealed or deep, or aggregating more than the area of a circle 116 inch (1.6 mm) in diameterWhen unhealed or deep, or aggregating more than the area of a circle 14 inch (6.4 mm) in diameterWhen unhealed or deep, or aggregating more than the area of a circle 12 inch (12.7 mm) in diameter.
Growth CracksWhen not healed, or more than one in number, or more than 18 inch (3.2 mm) in length or depthWhen not healed, or more than one in number, or more than 18 inch (3.2 mm) in depth, or more than 38 inch (9.5 mm) in length if within the stem cavity, or more than 14 inch (6.4 mm) in length if outside the stem cavityWhen not healed and more than 18 inch (3.2 mm) in length or depth, or healed and more than 316 inch (4.8 mm) in depth, or healed and aggregating more than 58 inch (15.9 mm) in length if within the stem cavity, or healed and aggregating more than 12 inch (12.7 mm) in length if outside the stem cavity.
ScabWhen cracked, or the aggregate area exceeds that of a circle 18 inch (3.2 mm) in diameterWhen cracked, or the aggregate area exceeds that of a cricle 14 inch (6.4 mm) in diameterWhen the aggregate area exceeds that of a circle 12 inch (12.7 mm) in diameter.
ScarsWhen not smooth, or surface of the fruit is depressed more than 132 inch (.8 mm), or not light in color, or when exceeding any of the following aggregate areas, or a combination of two or more types of scars, the seriousness of which exceeds the maximum allowed for any one type: (1) Dark or rough scars when the area exceeds that of a circle 18 inch (3.2 mm) in diameter; (2) Fairly light colored, fairly smooth scars when the area exceeds that of a circle 14 inch (6.4 mm) in diameter; (3) Light colored, smooth scars when the area exceeds that of a circle 12 inch (12.7 mm) in diameterWhen not smooth, or surface of the fruit is depressed more than 116 inch (1.6 mm), or when exceeding any of the following aggregate areas, or a combination of two or more types of scars, the seriousness of which exceeds the maximum allowed for any one type: (1) Dark or rough scars when the area exceeds that of a circle 14 inch (6.4 mm) in diameter; (2) Fairly light colored, fairly smooth scars when the area exceeds that of a circle 12 inch (12.7 mm) in diameter; (3) Light colored, smooth scars when the area exceeds that of a circle 34 inch (19.1 mm) in diameterWhen the surface of the fruit is depressed more than 316 inch (4.8 mm), or when exceeding any of the following aggregate areas, or a combination of two or more types of scars, the seriousness of which exceeds the maximum allowed for any one type: (1) Dark or rough scars when the area exceeds that of a circle 34 inch (19.1 mm) in diameter; (2) Not dark or rough when the area exceeds one-fourth of the fruit surface.
Heat, Sprayburn and SunburnWhen the normal color of the skin or flesh is more than slightly changed, or any indentation is presentWhen the skin is blistered, cracked or decidedly flattened, or the normal color of the skin or flesh has materially changed, or more than one indentation, or indentation exceeds 316 inch (4.8 mm) in diameterWhen the skin is blistered, cracked or decidedly flattened, or causing any dark discoloration of the flesh, or more than two indentations are present, or the aggregate area of indentations exceeds that of a circle 38 inch (9.5 mm) in diameter, or when causing a noticeable brownish or darker discoloration over more than one-fourth of surface.
Scale or Scale MarksWhen more than one large scale or scale mark or more than three scales or scale marks of any size are presentWhen the aggregate area exceds that of a circle 14 inch (6.4 mm) in diameterWhen the aggregate area exceeds that of a circle 38 inch (9.5 mm) in diameter.
InsectsWhen feeding injury is evident on fruit or any insect is present in fruitWhen feeding injury materially detracts from appearance or any insect is present in fruitWhen feeding injury seriously detracts from appearance or any insect is present in fruit.

Classification of defects guidelines are based on fruit 2 inches or smaller in diameter. Accordingly, larger fruit are permitted to have defects relative to their size.

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§51.2341   Sample size for grade determination.

For fruit place-packed in tray pack containers, the sample shall consist of the contents of the individual container. For fruit jumble-packed in volume filled containers, the sample shall consist of at least 50 fruit. When individual containers contain at least 50 fruit, each individual sample is drawn from one container. When individual containers contain less than 50 fruit, a sufficient number of adjoining containers are opened to form a 50 fruit sample.

[50 FR 40186, Oct. 2, 1985; 50 FR 40961, Oct. 8, 1985; 51 FR 4293, Feb. 4, 1986]

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