7 CFR Part 51 — Fresh Fruits, Vegetables, and Other Products (Inspection, Certification, and Standards)

PART 51—FRESH FRUITS, VEGETABLES, AND OTHER PRODUCTS (INSPECTION, CERTIFICATION, AND STANDARDS) Authority: 7 U.S.C. 1621-1627. Subpart A—Requirements Source: 32 FR 15066, Nov. 1, 1967, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Administrative § 51.1 Administration of the regulations in this part. (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. (c) None of the requirements in this part shall excuse failure to comply with any Federal, State, county, or municipal laws applicable to products covered by the requirements in this part. [39 FR 40937, Nov. 22, 1974. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 85 FR 19379, Apr. 7, 2020] 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. et seq. et seq. (b) Administrator. (c) Applicant. (d) Carlot. Provided, (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. (f) Condition. (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. (h) Department. (i) Federal-State Inspection Agency. (j) Grade. (k) Inspector. (l) Inspection service. (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. (n) Other products. (o) Person. (p) Packing plant. (q) Quality. (r) Regulations. (s) Sample. (t) Sample unit. (u) Sampling. (v) Secretary. [32 FR 15066, Nov. 1, 1967. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 56 FR 55799, Oct. 30, 1991; 85 FR 19379, Apr. 7, 2020] § 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. (b) Official memorandum. (c) Official mark. (d) Official identification. (e) Official device. 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. (b) Destination markets. (c) Other destination points. (d) Addresses of offices. § 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. § 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] § 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. § 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. § 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. § 51.10 When application may be withdrawn. An application may be withdrawn by the applicant at any time before the inspection is performed: Provided, § 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. § 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. § 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, et seq. § 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. § 51.15 Financial interest of inspector. No inspector shall inspect any product in which he is directly or indirectly financially interested. § 51.16 Postponing inspection service. If the inspector has reason to believe that, because of latent defects due to climatic or other conditions, he is 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. § 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. § 51.18 Certificate forms. Certificates shall be issued on forms approved by the Administrator. § 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, (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] § 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. § 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. (b) [Reserved] [63 FR 15277, Mar. 31, 1998] § 51.22 Disposition of samples. If it is necessary to take samples of the product to the inspection office for further examination, the inspector, after completion of inspection of such samples shall dispose of them or any usable portion as follows: (a) Ascertain from the applicant if the owner wants the samples returned to him at his 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. § 51.23 Report of inspection results prior to issuance of formal report. Upon request of an applicant, all or any part of the contents of a certificate covering an inspection requested by him may be telegraphed or telephoned to him, or to any person designated by him, at his expense. If the application for such information is received after the certificate has been issued, it will be considered as an application for an extra copy of the certificate, and the fees prescribed in § 51.41 shall apply. Appeal Inspection § 51.24 When appeal inspection may be requested. An application for appeal inspection may be made by any financially 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. § 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. § 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. § 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. § 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, § 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. § 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. § 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. 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. § 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. § 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. § 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. § 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] 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, 51.39, and 51.40, and expenses determined in accordance with § 51.41, shall be paid by the applicant. [89 FR 106234, Dec. 30, 2024] § 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. (2) Overtime rate. (3) Holiday rate. (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. (ii) Operating rate. (iii) Allowance for bad debt rate. (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] § 51.39 Charges for fees and rates for 8e import inspection. (a) 8e import inspection fees charged on a per-pound basis. Establishing the per-pound inspection rate. (2) Applying the per-pound rate. (i) For a full carlot, multiply the per-pound rate by the total weight of the full carlot plus any applicable fees for additional lots of the same product as described in paragraph (b) of this section. (ii) For lots less than a full carlot, multiply the per-pound rate by the total weight of the lot with a minimum fee equivalent to a 2-hour charge computed at the current established hourly rate, whichever is greater, plus any applicable fees for additional lots of the same product as described in paragraph (b) of this section. (b) 8e import inspection fees charged on additional lots of the same product. [89 FR 106234, Dec. 30, 2024] § 51.40 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. Redesignated at 89 FR 106234, Dec. 30, 2024] § 51.41 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. Redesignated at 89 FR 106234, Dec. 30, 2024] § 51.42 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. Redesignated at 89 FR 106234, Dec. 30, 2024] § 51.43 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. [32 FR 15066, Nov. 1, 1967. Redesignated at 89 FR 106234, Dec. 30, 2024] § 51.44 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. [32 FR 15066, Nov. 1, 1967. Redesignated at 89 FR 106234, Dec. 30, 2024] § 51.45 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. [32 FR 15066, Nov. 1, 1967. Redesignated at 89 FR 106234, Dec. 30, 2024] Schedule of Fees and Charges at Shipping Point Areas § 51.46 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. [32 FR 15066, Nov. 1, 1967. Redesignated at 89 FR 106234, Dec. 30, 2024] Miscellaneous § 51.47 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] [32 FR 15066, Nov. 1, 1967. Redesignated at 89 FR 106234, Dec. 30, 2024] § 51.48 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. [32 FR 15066, Nov. 1, 1967. Redesignated at 89 FR 106234, Dec. 30, 2024] § 51.49 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. [32 FR 15066, Nov. 1, 1967. Redesignated at 89 FR 106234, Dec. 30, 2024] § 51.50 Approved identifications. (a) Grade marks. (b) Inspection legends. (c) Combined grade and inspection legends. (d) Packer identification. (e) Other identification marks. [38 FR 7448, Mar. 22, 1973. Redesignated at 42 FR 32514, June 27, 1977, further redesignated at 46 FR 63203, Dec. 31, 1981, and further redesignated at 89 FR 106234, Dec. 30, 2024] § 51.51 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. [32 FR 15066, Nov. 1, 1967. Redesignated at 89 FR 106234, Dec. 30, 2024] § 51.52 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. [32 FR 15066, Nov. 1, 1967. Redesignated at 89 FR 106234, Dec. 30, 2024] § 51.53 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. [32 FR 15066, Nov. 1, 1967. Redesignated at 89 FR 106234, Dec. 30, 2024] Requirements for Plants Operating Under Continuous Inspection on a Contract Basis § 51.54 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. [32 FR 15066, Nov. 1, 1967. Redesignated at 89 FR 106234, Dec. 30, 2024] § 51.55 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. [32 FR 15066, Nov. 1, 1967. Redesignated at 89 FR 106234, Dec. 30, 2024] § 51.56 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. [32 FR 15066, Nov. 1, 1967. Redesignated at 89 FR 106234, Dec. 30, 2024] § 51.57 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. [32 FR 15066, Nov. 1, 1967. Redesignated at 89 FR 106234, Dec. 30, 2024] § 51.58 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. [32 FR 15066, Nov. 1, 1967. Redesignated at 89 FR 106234, Dec. 30, 2024] § 51.59 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. [32 FR 15066, Nov. 1, 1967. Redesignated at 89 FR 106234, Dec. 30, 2024] § 51.60 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, further redesignated at 46 FR 63203, Dec. 31, 1981, and further redesignated at 89 FR 106234, Dec. 30, 2024] § 51.61 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. [32 FR 15066, Nov. 1, 1967. Redesignated at 89 FR 106234, Dec. 30, 2024] § 51.62 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. [32 FR 15066, Nov. 1, 1967. Redesignated at 89 FR 106234, Dec. 30, 2024] § 51.63 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] [32 FR 15066, Nov. 1, 1967. Redesignated at 89 FR 106234, Dec. 30, 2024] Subpart B—United States Standards for Grades of Apples Source: 67 FR 69663, Nov. 19, 2002, unless otherwise noted. Grades § 51.300 U.S. Extra Fancy. “U.S. Extra Fancy” consists of 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 watercore, 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 watercore after January 31st of the year following the year of production except for the Fuji variety of apples. Invisible watercore and smooth net-like russeting shall not be scored against the Fuji variety of apples under any circumstances. For the apple varieties listed in table 1 of § 51.305, each apple of this grade has the amount of color specified for the variety. (See §§ 51.305 and 51.306.) [84 FR 51941, Oct. 1, 2019] § 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 watercore, 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 watercore after January 31st of the year following the year of production, except for the Fuji variety of apples. Invisible watercore and smooth net-like russeting shall not be scored against the Fuji variety of apples under any circumstances. For the apple varieties listed in table 1 of § 51.305, each apple of this grade has the amount of color specified for the variety. (See §§ 51.305 and 51.306.) [84 FR 51941, Oct. 1, 2019] § 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 1 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, (a) U.S. No. 1 Hail: See (b) [Reserved] [67 FR 69663, Nov. 19, 2002, as amended at 84 FR 51941, Oct. 1, 2019] § 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 § 51.304 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 Color Requirements § 51.305 Color requirements. (a) In addition to the requirements specified for the grades set forth in §§ 51.300 through 51.304, apples of these grades shall have the percentage of color specified for the variety in table 1 of this section. All apple varieties other than those appearing in table 1 of this section 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, (b) Color standards USDA Visual Aid APL-CC-1 (Plates a-e) consists of a folder containing the color requirements for apples set forth in paragraph (a) of 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. The color standards are available for purchase at http://www.ams.usda.gov. Table 1 1 [Only the varieties listed below shall be required to meet a minimum color requirement] Variety U.S. extra fancy U.S. fancy U.S. No. 1 Red Delicious 66 40 25 Red Rome 66 40 25 Empire 66 40 25 Idared 66 40 25 Winesap 66 40 25 Jonathan 66 40 25 Stayman 50 33 25 McIntosh 50 33 25 Cortland 50 33 25 Rome Beauty 50 33 25 Delicious 50 33 25 York 50 33 25 1 [67 FR 69663, Nov. 19, 2002, as amended at 84 FR 51941, Oct. 1, 2019] 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: (2) U.S. Utility grade: (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: 1 1 1/2 Table II Red delicious Golden delicious 2 1 8 63 grams 2 1 4 70 grams 2 3 8 82 grams 2 1 2 95 grams 2 5 8 109 grams 2 3 4 134 grams Application of Tolerances § 51.307 Application of tolerances. The contents of individual packages in the lot, are subject to the following limitations: Provided, (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, (2) [Reserved] 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 1/2 (b) In all other cases except those listed in paragraph (a) of this section, they shall be calculated on the basis of weight. Condition After Storage or Transit § 51.309 Condition after storage or transit. Decay, scald, or any other 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. Packing Requirements § 51.310 Packing requirements. (a) Apples tray packed or cell packed in cartons shall be arranged according to approved and recognized methods. Packs shall be at least fairly tight 2 3 2 3 (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. 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 Definitions § 51.312 Mature. “Mature” (a) “Hard” (b) “Firm” (c) “Firm ripe” (d) “Ripe” § 51.313 Overripe. “Overripe” § 51.314 Clean. “Clean” § 51.315 Fairly well formed. “Fairly well formed” § 51.316 Injury. “Injury” “inch” “inches in diameter” “aggregate area,” “total area,” “aggregate affected area” (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) 1/8 (2) 5/8 (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 1/4 (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] § 51.317 Damage. “ Damage inch inches in diameter aggregate area, total area, aggregate affected area (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, (g) Bruises which are not slight and incident to proper handling and packing, and which are greater than: (1) 3/16 (2) 7/8 (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 1/2 (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] § 51.318 Serious damage. “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, (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, (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: (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: (2) Worm holes. (i) Bruises which are not slight and incident to proper handling and packing, and which are greater than: (1) 3/8 (2) 1 1/8 (3) any combination of lesser bruises which detract from the appearance or edible quality of the apple to an extent greater than any one bruise described in paragraph (i)(1) or (2) of this section. (j) Brown surface discoloration when caused by delayed sunburn, surface scald, or any other means and affects an area greater than 3/4 § 51.319 Seriously deformed. “Seriously deformed” § 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. U.S. Condition Standards for Export § 51.321 U.S. Condition Standards for Export. 4 4 (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 core 5 Provided, 5 (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, Metric Conversion Table § 51.322 Metric conversion table. Inches Millimeters 1 16 1.6 1 8 3.2 3 16 4.8 1 4 6.4 3 8 9.5 1 2 12.7 5 8 15.9 3 4 19.1 7 8 22.2 1 1 8 28.6 2 1 8 54.0 2 1 4 57.2 2 3 8 60.3 2 1 2 63.5 2 3 4 69.9 Cubic Inches Cubic Centimeters (cc) 2100 equals 34,412.7 2900 equals 47,522.3 Pounds Grams (g) 10 equals 4,536.0 37 equals 16,783.2 40 equals 18,144.0 Subpart C—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. 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. § 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. § 51.342 U.S. Cider. “U.S. Cider” consists of apples which are free from decay, worm holes and internal breakdown. Culls § 51.343 Culls. “Culls” consist of apples which fail to meet the requirements of U.S. Cider Grade. Size § 51.344 Size. (a) The minimum and maximum sizes or range of sizes shall be determined as agreed upon by buyer and seller. (b) Unless otherwise specified, the minimum and maximum sizes or range of sizes shall be determined by the use of an approved sizing chain of the exact dimension specified in the agreement between buyer and seller. (c) Size is the dimension of the apples determined by the smallest opening through which it will pass. Application of Standards § 51.345 Application of standards. (a) When a lot of apples is required to meet a specific U.S. grade, the 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. 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. Provided, (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. 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. Definitions § 51.348 One variety. One variety § 51.349 Overripe. Overripe Subpart D—Application of Tolerances 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. Grades § 51.620 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 § 51.638.); (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) Decay; (5) Growth cracks; (6) Scab; (7) Skin breakdown; (8) Sprayburn; (9) Unhealed skin breaks; and (10) Wormy fruit. (c) Free from injury caused by: (1) Green spots; (2) Hail; (3) Oil spots; (4) Scale; (5) Scars; and (6) Thorn scratches. (d) Free from damage caused by: (1) Dryness or mushy condition; (2) Insects; (3) Sprouting; (4) Sunburn; and (5) Other means. (e) For tolerances see § 51.628. [85 FR 68422, Oct. 29, 2020] § 51.621 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-half of the surface, in the aggregate, may be affected by discoloration. (See § 51.638.); (2) Fairly smooth texture; (3) Fairly well colored; (4) Fairly well formed; (5) Firm; (6) Mature; and (7) Similar varietal characteristics. (b) Free from: (1) Bruises; (2) Caked melanose; (3) Decay; (4) Growth cracks; (5) Sprayburn; (6) Unhealed skin breaks; and (7) Wormy fruit. (c) Free from damage caused by: (1) Ammoniation; (2) Buckskin; (3) Caked melanose; (4) Dryness or mushy condition; (5) Green spots; (6) Hail; (7) Oil spots; (8) Scab; (9) Scale; (10) Scars; (11) Skin breakdown; (12) Sprayburn; (13) Sprouting; (14) Sunburn; (15) Thorn scratches; and (16) Other means. (d) For tolerances see § 51.628. [85 FR 68422, Oct. 29, 2020] § 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. § 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 and at least 10 percent, by count, of the fruit shall have more than one-half 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 § 51.628. [85 FR 68423, Oct. 29, 2020] § 51.624 U.S. Combination. “U.S. Combination” consists of a combination of U.S. No. 1 and U.S. No. 2 grapefruit: Provided, And provided further, [85 FR 68423, Oct. 29, 2020] § 51.625 U.S. No. 2. “U.S. No. 2” consists of grapefruit which meet the following requirements: (a) Basic requirements: (1) Discoloration: 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) Not more than slightly misshapen; (5) Not more than slightly rough texture; (6) Slightly colored; and (7) Similar varietal characteristics. (b) Free from: (1) Bruises; (2) Decay; (3) Growth cracks; (4) Unhealed skin breaks; and (5) Wormy fruit. (c) Free from serious damaged caused by: (1) Ammoniation; (2) Buckskin; (3) Caked melanose; (4) Dryness or mushy condition; (5) Green spots; (6) Hail; (7) Oil spots; (8) Scab; (9) Scale; (10) Scars; (11) Skin breakdown; (12) Sprayburn; (13) Sprouting; (14) Sunburn; (15) Thorn scratches; and (16) Other means. (d) For tolerances see § 51.628. [85 FR 68423, Oct. 29, 2020] § 51.626 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 two-thirds of their surface, in the aggregate, affected by any type of discoloration. For tolerances see § 51.628. [85 FR 68423, Oct. 29, 2020] § 51.627 U.S. No. 3. “U.S. No. 3” consists of grapefruit which meet the following requirements: (a) Basic requirements: (1) Mature; (2) May be misshapen; (3) May be slightly spongy; (4) May have rough texture; (5) May be poorly colored. Not more than 25 percent of the surface may be of a solid dark green color; (6) Not seriously lumpy or cracked; and (7) Similar varietal characteristics. (b) Free from: (1) Decay; (2) Unhealed skin breaks; and (3) Wormy fruit. (c) Free from very serious damage caused by: (1) Ammoniation; (2) Buckskin; (3) Caked melanose; (4) Dryness or mushy condition; (5) Green spots; (6) Hail; (7) Oil spots; (8) Scab; (9) Scale; (10) Scars; (11) Skin breakdown; (12) Sprayburn; (13) Sprouting; (14) Sunburn; (15) Thorn scratches; and (16) Other means. (d) For tolerances see § 51.628. [85 FR 68423, Oct. 29, 2020] Tolerances § 51.628 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. No tolerance shall apply to wormy fruit. (a) Defects U.S. Fancy, U.S. No. 1, U.S. No. 1 Bright, U.S. No. 1 Bronze, U.S. No. 2, and U.S. No. 2 Russet For defects at shipping point. 1 Provided, 1 (ii) For defects en route or at destination. Provided, (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. (2) U.S. Combination For defects at shipping point. 1 Provided, (ii) For defects en route or at destination. Provided, (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. (iii) For defects at shipping point 1 and en route or at destination. Provided, (3) U.S. No. 3 For defects at shipping point. 1 Provided, (ii) For defects en route or at destination. Provided, (A) 10 percent for fruit having permanent defects; or (B) 3 percent for decay. (b) Discoloration U.S. No. 1, U.S. No. 1 Bright, U.S. Combination, and U.S. No. 2. Provided, (2) U.S. No. 1 Bronze. Provided, (3) U.S. No. 2 Russet. Provided, [85 FR 68423, Oct. 29, 2020] Application of Tolerances § 51.629 Application of tolerances. Individual samples are subject to the following limitations, unless otherwise specified in § 51.628. 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, And provided further, [85 FR 68424, Oct. 29, 2020] 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 approved and recognized methods. (b) “Fairly uniform in size” means that not more than 10 percent of fruit in any lot, and not more than double that amount in any sample, are outside the ranges of diameters given in Table 1 to this section: Table 1 to § 51.630 to Paragraph ( b Pack size/Number of grapefruit Diameter in inches Minimum Maximum 18 4-15/16 5-9/16 23 4-5/16 5 27 4-2/16 4-12/16 32 3-15/16 4-8/16 36 3-13/16 4-5/16 40 3-10/16 4-2/16 48 3-9/16 3-14/16 56 3-5/16 3-10/16 64 3 3-8/16 (c) “Uniform in size” means that not more than 10 percent of fruit in any lot, and not more than double that amount in any sample, may 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. [85 FR 68424, Oct. 29, 2020] Definitions § 51.631 Mature. Mature § 51.632 Similar varietal characteristics. Similar varietal characteristics § 51.633 Well colored. Well colored § 51.634 Firm. Firm § 51.635 Well formed. Well formed § 51.636 Smooth texture. Smooth texture § 51.637 Injury. Injury [85 FR 68424, Oct. 29, 2020] § 51.638 Discoloration. Discoloration § 51.639 Fairly well colored. Fairly well colored § 51.640 Fairly well formed. Fairly well formed § 51.641 Fairly smooth texture. Fairly smooth texture § 51.642 Damage. Damage [85 FR 68424, Oct. 29, 2020] § 51.643 Fairly firm. Fairly firm § 51.644 Slightly misshapen. Slightly misshapen § 51.645 Slightly rough texture. Slightly rough texture § 51.646 Serious damage. Serious damage [85 FR 68424, Oct. 29, 2020] § 51.647 Slightly colored. Slightly colored § 51.648 Misshapen. Misshapen § 51.649 Slightly spongy. Slightly spongy § 51.650 Very serious damage. Very serious damage [85 FR 68424, Oct. 29, 2020] § 51.651 Diameter. Diameter § 51.652 Classification of defects. All references to area or aggregate area, or length in this standard are based on a grapefruit 4 1/8 Table 1 to § 51.652 Factor Injury Damage Serious damage Very serious damage Ammoniation Not occurring as light speck type Scars are cracked or dark and aggregating more than a circle 3 4 Aggregating more than 25 percent of the surface. Buckskin Aggregating more than a circle 1 1 4 Aggregating more than 25 percent of the surface Aggregating more than 50 percent of the surface. Caked melanose Aggregating more than a circle 1 inch in diameter Aggregating more than 25 percent of the surface. Dryness or mushy condition Affecting all segments more than 1 4 Affecting all segments more than 1 2 Affecting all segments more than 3 4 Green spots or oil spots More than slightly affecting appearance Aggregating more than a circle 1 inch in diameter Aggregating more than a circle 1 1 2 Hail Not well healed, or aggregating more than a circle 3 8 Not well healed, or aggregating more than a circle 1 2 Not well healed, or aggregating more than a circle 5 8 Not well healed, or aggregating more than a circle 1 inch in diameter. Scab Materially detracts from the shape or texture, or aggregating more than a circle 3 4 Seriously detracts from the shape or texture, or aggregating more than a circle 1 inch in diameter Aggregating more than 25 percent of the surface. Scale More than a few adjacent to the “button” at the stem end, or more than 6 scattered on other portions of the fruit Blotch aggregating more than a circle 3 4 1 4 Blotch aggregating more than a circle 1 inch in diameter, or occurring as a ring more than a circle 1 1 2 Aggregating more than 25 percent of the surface. Scars Depressed, 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 1 2 Very deep or very rough aggregating more than a circle 1 inch in diameter; deep or rough aggregating more than 5 percent of the fruit surface; slight depth or slightly rough aggregating more than 15 percent of surface Very deep or very rough or unsightly that appearance is very seriously affected. Skin Breakdown Aggregating more than a circle 3 8 Aggregating more than a circle 5 8 Aggregating more than a circle 1 1 4 Sprayburn Hard or aggregating more than a circle 1 1 4 Aggregating more than 25 percent of the surface. Sprouting More than 6 seeds are sprouted, including not more than 1 sprout extending to the rind, remainder average not over 1 4 More than 6 seeds are sprouted, including not more than 2 sprouts extending to the rind, remainder average not over 1 2 More than 6 seeds are sprouted, including not more than 3 sprouts extending to the rind, remainder average not over 3 4 Sunburn Skin is flattened, dry, darkened, or hard, aggregating more than 25 percent of surface Skin is hard, fruit is decidedly one-sided, aggregating more than one-third of surface Aggregating more than 50 percent of fruit surface. Thorn scratches Not well healed, or more unsightly than discoloration permitted in the grade Not well healed, hard concentrated thorn injury aggregating more than a circle 3 4 Not well healed, hard concentrated thorn injury aggregating more than a circle 7 8 1 4 Aggregating more than 25 percent of the surface. [85 FR 68424, Oct. 29, 2020] Metric Conversion Table § 51.653 Metric conversion table. Inches Millimeters (mm) 1 4 6.4 3 8 9.5 1 2 12.7 9 16 14.3 5 8 15.9 3 4 19.1 7 8 22.2 1 equals 25.4 1 1 4 31.8 1 1 2 38.1 3 equals 76.2 3 2 16 79.4 3 6 16 85.7 3 8 16 88.9 3 10 16 92.1 3 13 16 96.8 3 14 16 98.4 3 15 16 100.0 4 2 16 104.8 4 5 16 109.5 4 8 16 114.3 4 12 16 120.7 5 equals 127.0 Subpart E—Application of Tolerances Source: 34 FR 13909, Aug. 30, 1969; 34 FR 14325, Sept. 12, 1969, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. General § 51.680 General. The standards in this subpart apply only to the common or sweet orange group and varieties belonging to the Mandarin group except tangerines for which separate U.S. Standards are issued. Grades § 51.681 U.S. Fancy. “U.S. Fancy” consists of oranges which meet the following requirements: (a) Basic requirements: (1) Discoloration: 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) Smooth texture; (6) Well colored; and (7) Well formed. (b) Free from: (1) Ammoniation; (2) Bruises; (3) Buckskin; (4) Caked melanose; (5) Creasing; (6) Decay; (7) Growth cracks; (8) Scab; (9) Skin breakdown; (10) Sprayburn; (11) Undeveloped segments; (12) Unhealed skin breaks; and (13) Wormy fruit. (c) Free from injury caused by: (1) Green spots; (2) Hail; (3) Oil spots; (4) Rough, wide or protruding navels; (5) Scale; (6) Scars; (7) Split navels; and (8) Thorn scratches. (d) Free from damage caused by: (1) Dirt or other foreign material; (2) Disease; (3) Dryness or mushy condition; (4) Insects; (5) Sunburn; and (6) Other means. (e) For tolerances see § 51.689. [85 FR 68426, Oct. 29, 2020] § 51.682 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 § 51.700.); (3) Firm; (4) Fairly smooth texture; (5) Mature; (6) Similar varietal characteristics; and (7) Well formed. (b) Free from: (1) Bruises; (2) Caked melanose; (3) Decay; (4) Growth cracks; (5) Sprayburn; (6) Undeveloped segments; (7) Unhealed skin breaks; and (8) Wormy fruit. (c) Free from damage caused by: (1) Ammoniation; (2) Buckskin; (3) Creasing; (4) Dirt or other foreign material; (5) Disease; (6) Dryness or mushy condition; (7) Green spots; (8) Hail; (9) Insects; (10) Oil spots; (11) Scab; (12) Scale; (13) Scars; (14) Skin breakdown; (15) Split, rough or protruding navels; (16) Sunburn; (17) Thorn scratches; and (18) Other means. (d) For tolerances see § 51.689. [85 FR 68426, Oct. 29, 2020] § 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. § 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 and at least 10 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 these fruits shall be of rust mite type. For tolerances see § 51.689. [85 FR 68426, Oct. 29, 2020] § 51.685 U.S. Combination. “U.S. Combination” consists of a combination of U.S. No. 1 and U.S. No. 2 oranges: Provided, And provided further, [85 FR 68426, Oct. 29, 2020] § 51.686 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 § 51.700.); (2) Fairly firm; (3) Mature; (4) Not more than slightly misshapen; (5) Not more than slightly rough texture; (6) Reasonably well colored; and (7) Similar varietal characteristics. (b) Free from: (1) Bruises; (2) Decay; (3) Growth cracks; (4) Unhealed skin breaks; and (5) Wormy fruit. (c) Free from serious damaged caused by: (1) Ammoniation; (2) Buckskin; (3) Caked melanose; (4) Creasing; (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) Split, rough or protruding navels; (17) Sprayburn; (18) Sunburn; (19) Thorn scratches; and (20) Other means. (d) For tolerances see § 51.689. [85 FR 68426, Oct. 29, 2020] § 51.687 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 by count of the fruit shall have more than one-half of their surface, in the aggregate, affected by any type of discoloration. For tolerances see § 51.689. [85 FR 68426, Oct. 29, 2020] § 51.688 U.S. No. 3. “U.S. No. 3” consists of oranges which meet the following requirements: (a) Basic requirements: (1) Mature; (2) May be misshapen; (3) May be poorly colored. Not more than 25 percent of the surface may be of a solid dark green color; (4) May be slightly spongy; (5) May have rough texture; (6) Not seriously lumpy or cracked; and (7) Similar varietal characteristics. (b) Free from: (1) Decay; (2) Unhealed skin breaks; and (3) Wormy fruit. (c) Free from very serious damage caused by other means. (d) For tolerances see § 51.689. [85 FR 68426, Oct. 29, 2020] Tolerances § 51.689 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. No tolerance shall apply to wormy fruit. (a) Defects U.S. Fancy, U.S. No. 1, U.S. No. 1 Bright, U.S. No. 1 Bronze, U.S. No. 2, and U.S. No. 2 Russet Grades For defects at shipping point. 1 Provided, 1 (ii) For defects en route or at destination. Provided, (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. (2) U.S. Combination For defects at shipping point. 1 Provided, (ii) For defects en route or at destination. Provided, (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. (iii) For defects at shipping point 1 and en route or at destination Provided, (3) U.S. No. 3 For defects at shipping point. 1 Provided, (ii) For defects en route or at destination. Provided, (A) 10 percent for fruit having permanent defects; or (B) 3 percent for decay. (b) Discoloration U.S. No. 1, U.S. No. 1 Bright, U.S. Combination, and U.S. No. 2. Provided, (2) U.S. No. 1 Bronze. Provided, (3) U.S. No. 2 Russet. Provided, [85 FR 68427, Oct. 29, 2020] Application of Tolerances § 51.690 Application of tolerances. Individual samples are subject to the following limitations, unless otherwise specified in § 51.689. 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, And provided further, [85 FR 68427, Oct. 29, 2020] Standard Pack § 51.691 Standard pack. (a) Fruit shall be fairly uniform in size. When packed in approved containers, fruit shall be arranged according to approved and recognized methods. (b) “Fairly uniform in size” means that not more than 10 percent of fruit in any lot, and not more than double that amount in any sample, are outside the ranges of diameters given in Table 1. Table 1 to § 51.691 Paragraph ( b Pack size/Number of oranges Diameter in inches Minimum Maximum 24 3-12/16 5-1/16 32 3-6/16 4-9/16 36 3-4/16 4-6/16 40 3-2/16 4-4/16 48 2-15/16 4 56 2-13/16 3-13/16 64 2-11/16 3-10/16 72 2-9/16 3-8/16 88 2-8/16 3-4/16 113 2-7/16 3 138 2-6/16 2-12/16 163 2-3/16 2-8/16 (c) In order to allow for variations, other than sizing, incident to proper packing, not more than 5 percent of the packages in any lot may fail to meet the requirements of standard pack. [85 FR 68427, Oct. 29, 2020] 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, (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] Definitions § 51.693 Mature. Mature § 51.694 Similar varietal characteristics. Similar varietal characteristics § 51.695 Well colored. Well colored § 51.696 Firm. Firm § 51.697 Well formed. Well formed § 51.698 Smooth texture. Smooth texture § 51.699 Injury. Injury [85 FR 68427, Oct. 29, 2020] § 51.700 Discoloration. Discoloration § 51.701 Fairly smooth texture. Fairly smooth texture § 51.702 Damage. Damage [85 FR 68427, Oct. 29, 2020] § 51.703 Fairly well colored. Fairly well colored § 51.704 Reasonably well colored. Reasonably well colored § 51.705 Fairly firm. Fairly firm § 51.706 Slightly misshapen. Slightly misshapen § 51.707 Slightly rough texture. Slightly rough texture § 51.708 Serious damage. Serious damage [85 FR 68428, Oct. 29, 2020] § 51.709 Misshapen. Misshapen § 51.710 Slightly spongy. Slightly spongy § 51.711 Very serious damage. Very serious damage [85 FR 68428, Oct. 29, 2020] § 51.712 Diameter. Diameter § 51.713 Classification of defects. All references to area or aggregate area, or length in this standard are based on an orange 2 7/8 Table 1 to § 51.713 Factor Injury Damage Serious damage Very serious damage Ammoniation Not occurring as light speck type Scars are cracked or dark and aggregating more than a circle 3 4 1 4 Aggregating more than 25 percent of the surface. Buckskin Aggregating more than a circle 1 inch in diameter Aggregating more than 25 percent of the surface Aggregating more than 50 percent of the surface. Caked melanose Aggregating more than a circle 3 4 Aggregating more than 25 percent of the surface. Creasing Materially weakens the skin, or extends over more than one-third of the surface Seriously weakens the skin, or extends over more than one-half of the surface Very seriously weakens the skin, or is distributed over practically the entire surface. Dryness or mushy condition Affecting all segments more than 1 4 Affecting all segments more than 1 2 Affecting all segments more than 3 4 Green spots or oil spots More than slightly affecting appearance Aggregating more than a circle 7 8 Aggregating more than a circle 1 1 4 Hail Not well healed, or aggregating more than a circle 1 4 Not well healed, or aggregating more than a circle 3 8 Not well healed, or aggregating more than a circle 1 2 Not well healed, or aggregating more than a circle 3 4 Scab Materially detracts from the shape or texture, or aggregating more than a circle 5 8 Seriously detracts from the shape or texture, or aggregating more than a circle 3 4 Aggregating more than 25 percent of the surface. Scale More than a few adjacent to the “button” at the stem end, or more than 6 scattered on other portions of the fruit Aggregating more than a circle 5 8 Aggregating more than a circle 3 4 Aggregating more than 25 percent of the surface. Scars Depressed, not smooth, or detracts from appearance more than the amount of discoloration permitted in the grade Deep, rough or hard aggregating more than a circle 1 4 7 8 1 4 Deep, rough aggregating more than a circle 1 2 1 4 Deep, rough or unsightly that appearance is very seriously affected. Skin breakdown Aggregating more than a circle 1 4 Aggregating more than a circle 5 8 Aggregating more than 25 percent of the surface. Sunburn Skin is flattened, dry, darkened or hard, aggregating more than 25 percent of the surface Affecting more than one-third of the surface, hard, decidedly one-sided, or light brown and aggregating more than a circle 1 1 4 Aggregating more than 50 percent of the surface. Sprayburn Hard, or aggregating more than a circle 1 1 4 Aggregating more than 25 percent of the surface. Split, rough or protruding navels Split is unhealed; navel protrudes beyond general contour; opening is so wide, growth so folded and ridged that it detracts noticeably from appearance Split is unhealed, or more than 1 4 Split is unhealed, or more than 1 2 Split is unhealed or fruit is seriously weakened. Thorn scratches Not slight, not well healed, or more unsightly than discoloration permitted in the grade Not well healed, or hard concentrated thorn injury aggregating more than a circle 5 8 Not well healed, or hard concentrated thorn injury aggregating more than a circle 3 4 Aggregating more than 25 percent of the surface. [85 FR 68428, Oct. 29, 2020] Metric Conversion Table § 51.714 Metric conversion table. Inches Millimeters (mm) 1 4 6.4 5 16 7.9 3 8 9.5 1 2 12.7 5 8 15.9 3 4 19.1 7 8 22.2 1 equals 25.4 1 1 4 31.8 2 3 16 55.6 2 4 16 57.2 2 7 16 61.9 2 8 16 63.5 2 9 16 65.1 2 11 16 68.3 2 12 16 69.9 2 15 16 74.6 3 1 16 77.8 3 3 16 81.0 3 5 16 84.1 3 7 16 87.3 3 9 16 90.5 3 13 16 96.8 Subpart F—United States Standards for Grades of Florida Grapefruit Source: 61 FR 20703, May 8, 1996, unless otherwise noted. Grades § 51.750 U.S. Fancy. “U.S. Fancy” consists of grapefruit which meet the following 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. § 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. § 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. § 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. § 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. § 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. § 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. § 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. § 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. § 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. 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. (i) For defects at shipping point. 1 Provided, 1 (ii) For defects en route or at destination. Provided, (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 Provided, (ii) For defects en route or at destination. Provided, (A) 10 percent for fruit having permanent defects; or, (B) 3 percent for decay or wormy fruit. (b) Discoloration U.S. No. 1 Bright, U.S. No. 1, U.S. No. 2 Bright, and U.S. No. 2. And provided further, (2) U.S. No. 1 Golden. And provided further, (3) U.S. No. 1 Bronze, and U.S. No. 1 Russet. And provided further, (4) U.S. No. 2 Russet. And provided further, [61 FR 20703, May 8, 1996, as amended at 61 FR 40290, Aug. 2, 1996; 62 FR 2897, Jan. 21, 1997] Application of Tolerances § 51.761 Application of tolerances. Individual samples are subject to the following limitations, unless otherwise specified in § 51.760. Individual samples shall have not more than one and one-half times a specified tolerance of 10 percent or more, and not more than double a specified tolerance of less than 10 percent: Provided, And provided further, [62 FR 2897, Jan. 21, 1997] Size § 51.762 Size. (a) Fruits shall be fairly uniform in size and shall be packed in containers according to approved and recognized methods. (b) “Fairly uniform in size” means that not more than 10 percent of the grapefruit per sample may vary more than one-half inch in diameter. (c) In order to allow for variations incident to proper sizing, not more than 10 percent of the samples in any lot may fail to meet the requirements of size. Definitions § 51.763 Similar varietal characteristics. Similar varietal characteristics § 51.764 Well colored. Well colored § 51.765 Firm. Firm § 51.766 Well formed. Well formed § 51.767 Mature. Mature http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. § 51.768 Smooth texture. Smooth texture 3/8 1/8 § 51.769 Injury. Injury § 51.770 Discoloration. Discoloration § 51.771 Fairly well colored. Fairly well colored § 51.772 Fairly smooth texture. Fairly smooth texture 1/2 1/8 § 51.773 Damage. Damage § 51.774 Fairly firm. Fairly firm § 51.775 Slightly misshapen. Slightly misshapen § 51.776 Slightly rough texture. Slightly rough texture 5/8 1/8 § 51.777 Serious damage. Serious damage § 51.778 Slightly colored. Slightly colored § 51.779 Poorly colored. Poorly colored § 51.780 Misshapen. Misshapen § 51.781 Slightly spongy. Slightly spongy § 51.782 Very serious damage. Very serious damage § 51.783 Diameter. Diameter § 51.784 Classification of defects. Table I Factor Injury Damage Serious damage Very serious damage Ammoniation Not occurring as light speck type Scars are cracked or dark and aggregating more than a circle 1 inch (25.4 mm) in diameter Aggregating more than 25 percent of the surface. Bruises Segment walls are collapsed, or rag is ruptured and juice sacs are ruptured Segment walls are collapsed, or rag is ruptured and juice sacs are ruptured Segment walls are collapsed, or rag is ruptured and juice sacs are ruptured Fruit is split open, peel is badly watersoaked, or rag is ruptured and juice sacs are ruptured causing a mushy condition affecting all segments more than 3 4 Buckskin Aggregating more than a circle 1- 1 4 Aggregating more than 25 percent of the surface Aggregating more than 50 percent of the surface. Caked melanose Aggregating more than a circle 3 4 Aggregating more than a circle 1 inch (25.4 mm) in diameter Aggregating more than 25 percent of the surface. Dryness or mushy condition Affecting all segments more than 1 4 Affecting all segments more than 1 2 Affecting all segments more than 3 4 Green spots Aggregating more than a circle 1 2 Aggregating more than a circle 3 4 Aggregating more than a circle 1 inch (25.4 mm) in diameter, caused by scale Aggregating more than 1 3 Oil spots Aggregating more than a circle 1 2 Aggregating more than a circle 1 inch (25.4 mm) in diameter Aggregating more than a circle 1 1 2 Aggregating more than 1 3 Scab Materially detracts from the shape or texture, or aggregating more than a circle 3 4 Seriously detracts from the shape or texture, or aggregating more than a circle 7 8 Aggregating more than 25 percent of the surface. Scale More than a few adjacent to the “button” at the stem end, or more than 6 scattered on other portions of the fruit Blotch aggregating more than a circle 3 4 3 4 Blotch aggregating more than a circle 1 inch (25.4 mm) in diameter, or occurring as a ring more than a circle 1 1 2 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 grade Very deep or very rough aggregating more than a circle 1 2 Very 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 surface Very deep or very rough or unsightly that appearance is very seriously affected. Skin breakdown Aggregating more than a circle 3 8 Aggregating more than a circle 3 4 Aggregating more than a circle 1 inch (25.4 mm) in diameter Aggregating more than 25 percent of the surface. Sprayburn Aggregating more than a circle 3 4 Hard and aggregating more than a circle 1 1 2 Aggregating more than 25 percent of the surface. Sprouting More than six seeds have sprouts of more than 1 4 3 4 More than six seeds have sprouts of more than 1 2 More than six seeds have sprouts of more than 3 4 1 4 Sunburn Skin is flattened, dry, darkened, or hard and the affected area exceeds 25 percent of the surface Skin is hard and affects more than one-third of the surface Aggregating more than 50 percent of the surface. Note: 1 8 Subpart G—United States Standards for Grades of Table Grapes (European or Vinifera Type) 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] § 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] § 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] § 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] § 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] § 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] 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 Point 1 [Percent] Factor U.S. Extra fancy table U.S. Fancy table U.S. No. 1 table (A) For bunches failing to meet color requirements 10 10 10 (B) For bunches failing to meet requirements for minimum diameter of berries 10 10 10 (C) For bunches failing to meet stem color requirements 10 (D) For offsize bunches and for bunches and berries failing to meet the remaining requirements for the grade 8 8 8 Including in (D): (a) For serious damage 2 2 2 And, including in (a): (i) For decay 1 2 1 2 1 2 1 Table II—Tolerances En Route or at Destination (A) For bunches failing to meet color requirements 10 10 10 (B) For bunches failing to meet requirements for minimum diameter of berries 10 10 10 (C) For bunches failing to meet stem color requirements 10 (D) For offsize bunches and for bunches and berries failing to meet the remaining requirements for the grade 12 12 12 Including in (D): (a) For permanent defects 8 8 8 (b) For serious damage 4 4 4 And, including in (b): (i) For serious damage by permanent defects 2 2 2 (ii) For decay 1 1 1 (c) In order to allow for variations 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 Only 1 [Percent] Factor U.S. No. 1 institutional (A) For clusters/bunches failing to meet color requirements 10. (B) For clusters/bunches failing to meet requirements for minimum diameter of berries 10. (C) For offsize clusters/bunches 4. (D) For clusters/bunches and berries failing to meet the remaining requirements for the grade 8. Including in (D): (a) For serious damage 2 And, including in (a): (i) For decay 1 2 1 Table IIa—Tolerances En Route or at Destination for U.S. No. 1 Institutional Grade Only Factor U.S. No. 1 institutional (A) For clusters/bunches failing to meet color requirements 10. (B) For clusters/bunches failing to meet requirements for minimum diameter of berries 10. (C) For offsize clusters/bunches 4. (D) For clusters/bunches and berries failing to meet the remaining requirements for the grade 12. Including in (D): (a) For permanent defects 8. (b) For serious damage 4. And, including in (b): (i) For serious damage by permanent defects 2. (ii) For decay 1. [36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further 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] 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, (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] 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 Variety Percent of soluble solids Muscat 17.5 All varieties not listed in this table 16.5 Cardinal, Emperor, Perlette, Ribier, Olivette Blanche, Rish Baba, Red Malaga, and similar varieties 15.5 (1) The minimum percentage of 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] Definitions § 51.889 Well developed grapes. Well developed grapes [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] § 51.890 One variety. One 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] § 51.891 Uniform in appearance. Uniform in appearance [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] § 51.892 Color terms. The color terms well colored, reasonably well colored, fairly well colored Table IV Color terms Black varieties Red varieties White varieties Well colored (U.S. Extra Fancy) Each bunch shall have not less than 95 percent, by count, of berries showing good characteristic color. 1 Each bunch shall have not less than 75 percent, by count, of berries showing good characteristic color. 1 No requirement. Reasonably well colored (U.S. Fancy) Each bunch shall have not less than 85 percent, by count, of berries showing good characteristic color. 1 Each bunch shall have not less than 66 2 3 1 2 No requirement. Fairly well colored (U.S. No. 1) Each bunch shall have not less than 75 percent, by count, of berries showing characteristic color. 2 Each bunch shall have not less than 60 percent, by count, of berries showing characteristic color. 2 No requirement. 1 For red varieties good characteristic color means at least two-thirds of the surface of the berry is light red through dark red color; except, for the Tokay variety pink through dark red, and for the Cardinal variety light red through purple shall be permitted. 2 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] § 51.893 Firm. Firm [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] § 51.894 Weak. 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 at 56 FR 15802, Apr. 18, 1991] § 51.895 Shriveled at capstem. Shriveled at 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] § 51.896 Shattered. Shattered [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] § 51.897 Wet. 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] § 51.898 Decay. 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] § 51.899 Waterberry. Waterberry [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] § 51.900 Sunburn. Sunburn [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] § 51.901 Damage. Damage (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, (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] § 51.902 Fairly well filled. Fairly well filled [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] § 51.903 Excessively tight. Excessively tight [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] § 51.904 Shot berries. Shot berries [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] § 51.905 Dried berries. Dried berries [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] § 51.906 Well developed and strong. 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] § 51.907 Diameter. Diameter [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] § 51.908 Serious damage. Serious damage [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] § 51.909 Materially shriveled at capstem. Materially shriveled at 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] § 51.910 Straggly. Straggly [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] § 51.911 Container. Container [52 FR 22437, June 12, 1987. Redesignated at 56 FR 15802, Apr. 18, 1991] § 51.912 Export. When designated as Export, grapes shall be packed with any of the 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] § 51.913 Clusters. Clusters [61 FR 11127, Mar. 19, 1996] Metric Conversion Table § 51.914 Metric conversion table. Inches Millimeters (mm) 3 16 12.7 9 16 14.3 10 16 15.9 11 16 17.5 12 16 19.1 13 16 20.6 14 16 22.2 15 16 28.8 1 equals 25.4 Pounds Grams 1 4 113.4 1 2 226.8 3 4 340.2 1 equals 453.6 2 equals 907.2 3 equals 1,360.8 4 equals 1,814.4 5 equals 2,268.0 10 equals 4,536.0 [36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further 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] Subpart H—United States Standards for Grades of Florida Oranges and Tangelos Source: 61 FR 20708, May 8, 1996, unless otherwise noted. General § 51.1140 General. The standards contained in this 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). 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.) § 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.) § 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.) § 51.1144 U.S. No. 1 Golden. The requirements for this grade are the same as for U.S. No. 1 except that not more than 30 percent, by count, of the fruit shall have more than one-third of their surface, in the aggregate, affected by discoloration. (a) For tolerances see § 51.1151. (b) Internal quality: Lots meeting the internal requirements for “U.S. Grade AA Juice (Double A)” or “U.S. Grade A Juice” may be so specified in connection with the grade. (See §§ 51.1176-51.1179.) § 51.1145 U.S. No. 1 Bronze. The requirements for this grade are the same as for U.S. No. 1 except at least 30 percent, by count, of the fruit shall have more than one-third of their 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.) § 51.1146 U.S. No. 1 Russet. The requirements for this grade are the same as for U.S. No. 1 except that at least 30 percent, by count, of the fruit shall have more than one-third of their surface, in the aggregate, affected by any type of discoloration. (a) For tolerances see § 51.1151. (b) Internal quality: Lots meeting the internal requirements for “U.S. Grade AA Juice (Double A)” or “U.S. Grade A Juice” may be so specified in connection with the grade. (See §§ 51.1176-51.1179.) § 51.1147 U.S. No. 2 Bright. The requirements for this grade are the same as for U.S. No. 2 except that fruit shall have not more than one-fifth of its surface, in the aggregate, affected by discoloration. (a) For tolerances see § 51.1151. (b) Internal quality: Lots meeting the internal requirements for “U.S. Grade AA Juice (Double A)” or “U.S. Grade A Juice” may be so specified in connection with the grade. (See §§ 51.1176-51.1179.) § 51.1148 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.) § 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.) § 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.) 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. (i) For defects at shipping point. 1 Provided, 1 (ii) For defects en route or at destination. Provided, (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 Provided, (ii) For defects en route or at destination. Provided, (A) 10 percent for fruit having permanent defects; or, (B) 3 percent for decay or wormy fruit. (b) Discoloration U.S. No. 1 Bright, U.S. No. 1, U.S. No. 2 Bright, and U.S. No. 2. And provided further, (2) U.S. No. 1 Golden. And provided further, (3) U.S. No. 1 Bronze, and U.S. No. 1 Russet. And provided further, (4) U.S. No. 2 Russet. And provided further, [61 FR 20708, May 8, 1996, as amended at 61 FR 40290, Aug. 2, 1996; 62 FR 2897, Jan. 21, 1997] Application of Tolerances § 51.1152 Application of tolerances. Individual samples are subject to the following limitations, unless otherwise specified in § 51.1151. Individual samples shall have not more than one and one-half times a specified tolerance of 10 percent or more, and not more than double a specified tolerance of less than 10 percent: Provided, And provided further, [62 FR 2897, Jan. 21, 1997] Size § 51.1153 Size. (a) Fruits shall be fairly uniform in size and shall be packed in containers according to approved and recognized methods. (b) “Fairly uniform in size” means that not more than 10 percent of the oranges per sample may vary more than one-half inch in diameter. (c) In order to allow for variations incident to proper sizing, not more than 10 percent of the samples in any lot may fail to meet the requirements of size. Definitions § 51.1154 Similar varietal characteristics. Similar varietal characteristics § 51.1155 Well colored. Well colored § 51.1156 Firm. Firm § 51.1157 Well formed. Well formed § 51.1158 Mature. Mature http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. § 51.1159 Smooth texture. Smooth texture § 51.1160 Injury. Injury § 51.1161 Discoloration. Discoloration § 51.1162 Fairly smooth texture. Fairly smooth texture § 51.1163 Damage. Damage § 51.1164 Fairly well colored. Fairly well colored § 51.1165 Reasonably well colored. Reasonably well colored § 51.1166 Poorly colored. Poorly colored § 51.1167 Fairly firm. Fairly firm § 51.1168 Slightly misshapen. Slightly misshapen § 51.1169 Slightly rough texture. Slightly rough texture § 51.1170 Serious damage. Serious damage § 51.1171 Misshapen. Misshapen § 51.1172 Slightly spongy. Slightly spongy § 51.1173 Very serious damage. Very serious damage § 51.1174 Diameter. Diameter § 51.1175 Classification of defects. Table I Factor Injury Damage Serious damage Very serious damage Ammoniation Not occurring as light speck type Scars are cracked or dark and aggregating more than a circle 3 4 Aggregating more than 25 percent of the surface. Bruises Segment walls are collapsed, or rag is ruptured and juice sacs are ruptured Segment walls are collapsed, or rag is ruptured and juice sacs are ruptured Segment walls are collapsed, or rag is ruptured and juice sacs are ruptured Fruit is split open, peel is badly watersoaked, or rag is ruptured and juice sacs are ruptured causing a mushy condition affecting all segments more than 3 4 Buckskin Aggregating more than a circle 1 inch (25.4 mm) in diameter Aggregating more than 25 percent of the surface Aggregating more than 50 percent of the surface. Caked melanose Aggregating more than a circle 5 8 Aggregating more than a circle 3 4 Aggregating more than 25 percent of the surface. Creasing Materially weakens the skin, or extends over more than one-third of the surface Seriously weakens the skin, or extends over more than one-half of the surface Very seriously weakens the skin, or is distributed over practically the entire surface. Dryness or mushy condition Affecting all segments more than 1 4 Affecting all segments more than 1 2 Affecting all segments more than 3 4 Green spots Aggregating more than a circle 3 8 Aggregating more than a circle 5 8 Aggregating more than a circle 7 8 Aggregating more than 1 3 Oil spots Aggregating more than a circle 3 8 Aggregating more than a circle 7 8 Aggregating more than a circle 1 1 4 Aggregating more than 1 3 Scab Materially detracts from the shape or texture, or aggregating more than a circle 5 8 Seriously detracts from the shape or texture, or aggregating more than a circle 3 4 Aggregating more than 25 percent of the surface. Scale More than a few adjacent to the “button” at the stem end, or more than 6 scattered on other portions of the fruit Aggregating more than a circle 5 8 Aggregating more than a circle 3 4 Aggregating 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 grade Deep or rough aggregating more than a circle 1 4 7 8 1 4 Deep or rough aggregating more than a circle 1 2 1 4 Deep or rough or unsightly that appearance is very seriously affected. Skin breakdown Aggregating more than a circle 1 4 Aggregating more than a circle 1 2 Aggregating more than a circle 7 8 Aggregating more than 25 percent of the surface. Sprayburn Aggregating more than a circle 5 8 Hard and aggregating more than a circle 1 1 2 Aggregating more than 25 percent of the surface. Split, rough, protruding navels Split is unhealed, or more than 1 8 Split is unhealed, or more than 1 4 Split is unhealed, or more than 1 2 Split is unhealed or fruit is seriously weakened. Sunburn Skin is flattened, dry, darkened, or hard and the affected area exceeds 25 percent of the surface Skin is hard and affects more than one-third of the surface Aggregating more than 50 percent of the surface. Note: 7 8 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 1 3/5 (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. § 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 4 1/2 3/5 (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. § 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 Maximum anhydrous citric acid Minimum ratio of total soluble solids to anhydrous citric acid 9.0 0.947 9.50-1 9.1 .963 9.45-1 9.2 .979 9.40-1 9.3 .995 9.35-1 9.4 1.011 9.30-1 9.5 1.027 9.25-1 9.6 1.043 9.20-1 9.7 1.060 9.15-1 9.8 1.077 9.10-1 9.9 1.094 9.05-1 10.0 1.111 9.00-1 10.1 1.128 8.95-1 10.2 1.146 8.90-1 10.3 1.164 8.85-1 10.4 1.182 8.80-1 10.5 1.200 8.75-1 10.6 1.218 8.70-1 10.7 1.237 8.65-1 10.8 1.256 8.60-1 10.9 1.275 8.55-1 11.0 1.294 8.50-1 11.1 1.306 8.50-1 11.2 1.318 8.50-1 11.3 1.329 8.50-1 11.4 1.341 8.50-1 11.5 1.353 8.50-1 11.6 1.365 8.50-1 11.7 1.376 8.50-1 11.8 1.388 8.50-1 11.9 1.400 8.50-1 12.0 1.412 8.50-1 12.1 1.424 8.50-1 12.2 1.435 8.50-1 12.3 1.447 8.50-1 12.4 1.459 8.50-1 12.5 1.471 8.50-1 12.6 1.482 8.50-1 12.7 1.494 8.50-1 12.8 1.506 8.50-1 12.9 1.517 8.50-1 13.0 1.530 8.50-1 13.1 1.541 8.50-1 13.2 1.553 8.50-1 13.3 1.565 8.50-1 13.4 1.576 8.50-1 13.5 1.588 8.50-1 13.6 1.600 8.50-1 13.7 1.612 8.50-1 13.8 1.624 8.50-1 13.9 1.635 8.50-1 14.0 1.647 8.50-1 14.1 1.659 8.50-1 14.2 1.671 8.50-1 14.3 1.682 8.50-1 14.4 1.694 8.50-1 14.5 1.705 8.50-1 14.6 1.718 8.50-1 14.7 1.729 8.50-1 14.8 1.741 8.50-1 14.9 1.753 8.50-1 15.0 1.765 8.50-1 15.1 1.776 8.50-1 15.2 1.788 8.50-1 15.3 1.800 8.50-1 15.4 1.812 8.50-1 15.5 1.824 8.50-1 15.6 or more 8.50-1 § 51.1179 Method of juice extraction. The juice used in the determining of solids, acids and juice content shall be extracted from representative samples as thoroughly as possible with a hand reamer or by such mechanical 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. Subpart I—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. 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 37/64 (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. § 51.1236 U.S. Fancy Hand Picked. U.S. Fancy Hand Picked shall consist of cleaned Virginia type peanuts in the shell which are mature, dry, and free from loose peanut kernels, dirt or other foreign material, pops, paper ends, and from damage caused by cracked or broken shells, discoloration or other means. The kernels shall be free from damage from any cause. In addition, the peanuts shall not pass through a screen having 32/64 (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. Unclassified § 51.1237 Unclassified. Unclassified shall consist of cleaned Virginia type peanuts in the shell which fail to meet the requirements of either of the foregoing grades. The term “unclassified” is not a grade within the meaning of these standards but is provided as a designation to show that no definite grade has been applied to the lot. Definitions § 51.1238 Mature. Mature § 51.1239 Pops. Pops § 51.1240 Paper ends. Paper ends § 51.1241 Damage. 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. § 51.1242 Count per pound. Count per pound Subpart J—United States Standards for Summer and Fall Pears 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. General § 51.1260 General. These standards apply to varieties such as Bartlett, Hardy and other similar varieties. Grades § 51.1261 U.S. No. 1. “U.S. No. 1” consists of pears of one variety which are mature, but not over-ripe, carefully hand-picked, clean, fairly well formed, free from decay, 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.) § 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.) § 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.) 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. 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, (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, 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, 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. 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. 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 2 1/2 1/4 5/8 1/4 3/4 1/2 3/4 (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. § 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. § 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, (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. Definitions § 51.1272 Mature. (a) Mature (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, Yellow. (2) The following terms should be used for describing the firmness of pears: (i) Hard (ii) Firm (iii) Firm ripe (iv) Ripe § 51.1273 Overripe. Overripe § 51.1274 Carefully hand-picked. Carefully hand-picked § 51.1275 Clean. Clean § 51.1276 Black end. Black end § 51.1277 Fairly well formed. Fairly well formed § 51.1278 Damage. Damage (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 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 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 2 § 51.1279 Seriously misshapen. Seriously misshapen § 51.1280 Serious damage. Serious damage (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 Subpart K—United States Standards for Winter Pears 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. General § 51.1300 General. These standards apply to varieties such as Anjou, Bosc, Winter Nelis, Comice, Flemish Beauty and other similar varieties. Grades § 51.1301 U.S. Extra No. 1. “U.S. Extra No. 1” consists of pears of one variety which are mature, but not overripe, carefully hand-picked, clean, well formed, free from decay, 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.) § 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.) § 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.) § 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.) 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. 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, (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, 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, 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. 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. 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 2 1/2 1/4 5/8 1/4 3/4 1/2 3/4 (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. § 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. § 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, (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. Definitions § 51.1313 Mature. (a) Mature (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, Yellow. (2) The following terms should be used for describing the firmness of pears: (i) Hard (ii) Firm (iii) Firm ripe (iv) Ripe § 51.1314 Overripe. Overripe § 51.1315 Carefully hand-picked. Carefully hand-picked § 51.1316 Clean. Clean § 51.1317 Well formed. Well formed § 51.1318 Black end. Black end § 51.1319 Injury. 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 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 § 51.1320 Fairly well formed. Fairly well formed § 51.1321 Damage. Damage (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 § 51.1322 Seriously misshapen. Seriously misshapen § 51.1323 Serious damage. Serious damage (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 Subpart L—United States Standards for Grades of Pears for Processing 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. General § 51.1345 General. All percentages shall be calculated on the basis of weight. Grades § 51.1346 U.S. No. 1. “U.S. No. 1” consists of pears of one variety which are mature, handpicked, firm, well formed, free from scald, hard end, black end, internal breakdown, decay, worms and worm holes, and from damage caused by broken skins, limbrubs, sprayburn, sunburn, scab, russeting, bruises, hail, frost, drought spot, disease, insects, mechanical or other means. Unless otherwise 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.) § 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.) Culls § 51.1348 Culls. “Culls” are pears which do not meet the requirements of either of the foregoing grades. Size § 51.1349 Size. Size may be specified in connection with a grade by agreement between buyer and seller and stated in terms of minimum diameter or minimum and maximum diameters. Diameters shall be specified in inches and not less than eighth-inch fractions thereof. In addition, size may be stated in terms of ratio of length to diameter. Application of Standards § 51.1350 Application of standards. (a) Tolerances shall not apply in the application of the standards to 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. (1) For defects. Provided, (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. Definitions § 51.1351 Mature. Mature § 51.1352 Handpicked. Handpicked § 51.1353 Firm. Firm § 51.1354 Well formed. Well formed [35 FR 6958, May 1, 1970, as amended at 35 FR 7249, May 8, 1970. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981] § 51.1355 Damage. Damage § 51.1356 Pears grown from late blooms. Pears grown from late blooms. § 51.1357 Seriously deformed. Seriously deformed § 51.1358 Serious damage. Serious damage § 51.1359 Diameter. Diameter Subpart M—United States Standards for Grades of Pecans in the Shell Source: 89 FR 53341, June 26, 2024, unless otherwise noted. Grades § 51.1400 U.S. Extra Fancy. “U.S. Extra Fancy” consists of pecans in the shell which meet the following requirements: (a) Free from loose extraneous or foreign material. (b) Shells are: (1) Uniform in color; and (2) Free from damage by any cause. (c) Kernels are: (1) Well developed; (2) Well cured; (3) Moisture content shall be not more than 6 percent, unless otherwise specified; (4) Uniform in color and not darker than “light;” and (5) Free from damage by any cause. (d) For tolerances see § 51.1406. § 51.1401 U.S. Fancy. “U.S. Fancy” consists of pecans in the shell which meet the following requirements: (a) Free from loose extraneous or foreign material. (b) Shells are: (1) Uniform in color; and (2) Free from damage by any cause. (c) Kernels are: (1) Fairly well developed; (2) Well cured; (3) Moisture content shall be not more than 6 percent, unless otherwise specified; (4) Uniform in color; (5) Not darker than “light amber,” unless specified to a lighter color classification; and (6) Free from damage by any cause. (d) For tolerances see § 51.1406. § 51.1402 U.S. Choice. “U.S. Choice” 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) Not poorly developed; (2) Well cured; (3) Moisture content shall be not more than 6 percent, unless otherwise specified; (4) Fairly uniform in color; (5) Not darker than “amber,” unless specified to a lighter color classification; and (6) Free from damage by any cause. (d) For tolerances see § 51.1406. § 51.1403 U.S. Standard. “U.S. Standard” consists of pecans in the shell which meet the following requirements: (a) Free from loose extraneous or foreign material; (b) Kernels well cured; (c) Moisture content shall be not more than 6 percent, unless otherwise specified; (d) No requirement for fullness of kernel; (e) No requirement for uniformity of color of shells or kernels; (f) May contain kernels that are “dark amber” or darker, unless specified to a lighter color classification; and (g) Shells and kernels are free from damage by any cause. (h) For tolerances see § 51.1406. Size Classification § 51.1404 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 the classifications in Table 1 to this section, 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. Table 1 to § 51.1404 Size classification Number of nuts Minimum weight of the 10 smallest nuts per Jumbo 55 or less In each classification, the 10 smallest nuts per 100 must weigh at least 7% of the total weight of the 100-nut sample. Medium 78 to 100 Small 101 or more Kernel Color Classification § 51.1405 Kernel color classification. (a) The skin color of the pecan kernels are described in terms of the color classifications provided in this section. When specified to a lighter color classification, that color 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 more than 25 percent of the kernel is light brown, with not more than 25 percent of the surface darker than light brown, none of which is darker than medium brown. (3) Amber means that more than 25 percent of the kernel is medium brown, with not more than 25 percent of the 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 kernel is dark brown, with 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. The color standards are available at https://www.ams.usda.gov/grades-standards. Tolerances § 51.1406 Tolerances. In order to allow for variations incident to proper grading and handling in each of the foregoing grades, the following tolerances are provided as specified: (a) U.S. Extra Fancy, U.S. Fancy, and U.S. Choice grades. (2) For kernel defects, by count: 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, Provided further, (3) For loose extraneous or foreign material, by weight: 0.5 percent (one-half of 1 percent). (b) U.S. Standard grade. (2) For kernel defects, by count: 30 percent for pecans with kernels which fail to meet the requirements for the grade or any specified color classification, including therein not more than 10 percent for kernels which are seriously damaged: Provided, Provided further, (3) For loose extraneous or foreign material, by weight: 0.5 percent (one-half of 1 percent). Application of Tolerances § 51.1407 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, Sample for Grade or Size Determination § 51.1408 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. Definitions § 51.1409 Loose extraneous or foreign material. Loose extraneous or foreign material § 51.1410 Well cured. Well cured § 51.1411 Well developed. Well developed § 51.1412 Fairly well developed. Fairly well developed § 51.1413 Poorly developed. Poorly developed § 51.1414 Uniform in color. Uniform in color § 51.1415 Fairly uniform in color. Fairly uniform in color § 51.1416 Damage. Damage (a) Adhering hull material or dark stains affecting an aggregate of more than 5 percent of the surface of the individual shell; (b) Adhering material from inside 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; (c) Broken shells when any portion of the shell is missing; (d) Internal flesh discoloration of a medium shade of gray or brown extending more than one-fourth inch 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; (e) Kernels which are dark amber in color; (f) Kernels which are not well cured; (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 in greatest dimension; (h) Poorly developed kernels; (i) Shriveling when the surface of the kernel is very conspicuously wrinkled; and (j) Split or cracked shells when the shell is spread apart or will spread upon application of slight pressure. § 51.1417 Serious damage. 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 in diameter; (c) Dark discoloration of the skin which is darker than dark amber over more than 25 percent of the surface of the kernel; (d) Decay affecting any portion of the kernel; (e) Insects, web, frass, or the kernel shows distinct evidence of insect feeding on the kernel; (f) 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; (g) 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; (h) Mold, on the surface or inside the kernel, which is plainly visible without magnification; (i) Rancidity when the kernel is distinctly rancid to the taste. Staleness of flavor shall not be classed as rancidity; Note 1 to § 51.1417( i Rancidity refers to the tendency of the oil in a pecan kernel to become tainted as a result of oxidation or hydrolysis. Industry measures to determine the tendency of a kernel to become rancid include testing the kernel's peroxide and free fatty acid values. Peroxide values should be less than 5 mEq/kg and free fatty acids acid value should be less than 1 percent. These analyses are not performed in determination of grade. (j) Undeveloped kernels which are blank (complete shell containing no kernel); and (k) Worm holes when penetrating the shell. § 51.1418 Inedible kernels. Inedible kernels Subpart N—United States Standards for Grades of Shelled Pecans Source: 89 FR 53343, June 26, 2024, unless otherwise noted. Grades § 51.1430 U.S. Extra Fancy. “U.S. Extra Fancy” consists of pecan kernels which meet the following requirements: (a) For quality: (1) Well dried; (2) Moisture content shall not be more than 4.5 percent, unless otherwise specified; (3) Well developed; (4) Uniform in color; (5) Not darker than “light;” (6) Free from damage by any cause; and (7) Comply with tolerances for defects (see § 51.1437). (b) For size: (1) Uniform in size; and (2) Conform to size classification or count specified. § 51.1431 U.S. Fancy. “U.S. Fancy” consists of pecan kernels which meet the following requirements: (a) For quality: (1) Well dried; (2) Moisture content shall not be more than 4.5 percent, unless otherwise specified; (3) Fairly well developed; (4) Uniform in color; (5) Not darker than “light amber,” unless specified to a lighter color classification; (6) Free from damage by any cause; and (7) Comply with tolerances for defects (see § 51.1437). (b) For size: (1) Uniform in size; and (2) Conform to size classification or count specified. § 51.1432 U.S. Choice. “U.S. Choice” consists of pecan kernels which meet the following requirements: (a) For quality: (1) Well dried; (2) Moisture content shall not be more than 4.5 percent, unless otherwise specified; (3) Not poorly developed; (4) Fairly uniform in color; (5) Not darker than “amber,” unless specified to a lighter color classification; (6) Free from damage by any cause; and (7) Comply with tolerances for defects (see § 51.1437). (b) For size: (1) Fairly uniform in size; and (2) Conform to size classification or count specified. § 51.1433 U.S. Standard. “U.S. Standard” consists of pecan kernels which meet the following requirements: (a) For quality: (1) Well dried; (2) Moisture content shall not be more than 4.5 percent, unless otherwise specified; (3) No requirement for fullness of kernel; (4) No requirement for uniformity of color; (5) May contain kernels “dark amber” or darker, unless specified to a lighter color classification; (6) Free from damage by any cause; and (7) Comply with tolerances for defects (see § 51.1437). (b) For size: (1) No uniformity in size; and (2) Conform to size classification or count specified. Color Classifications § 51.1434 Color classifications. (a) The skin color of pecan kernels is described in terms of the color classifications provided in this section. When specified to a lighter color classification, that color 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 the surface light brown, but not more than 25 percent of 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 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 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. The color standards are available at: https://www.ams.usda.gov/grades-standards. Size Classifications § 51.1435 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 1 to this section. (a) Halves per pound. (b) Tolerance for count per pound. (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 1 to this section or a range in count per pound is specified, no tolerance shall be allowed for counts outside of the specified range. (c) Tolerances for pieces, meal, and flour. Table 1 to § 51.1435 Size classification for halves Number of halves @per pound Mammoth 250 or less. Junior Mammoth 251-350. Jumbo 351-450. Large 451-550. Medium 551-650. Topper 651-750. King Topper 751 or more. In lieu of the size classifications in this table, the size of pecan halves in a lot may be specified in terms of the number of halves or a range of number of halves per pound. For example, “400” or “600-700.” Table 2 to § 51.1435 Tolerances for pieces, meal, and flour U.S. U.S. U.S. U.S. U.S. A. Less than 7 8 10 B. Less than 3 4 10 15 20 20 C. Less than 1 2 3 3 5 5 5 D. Less than 4 64 1 1 1 1 1 § 51.1436 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 1 to this section. Sizes are measured using a round-hole screen. (a) Tolerances for size of pieces. (1) U.S. Extra Fancy pieces and U.S. Fancy pieces. (2) U.S. Choice pieces. (3) U.S. Standard pieces. (b) [Reserved] Table 1 to § 51.1436 Size classification Maximum diameter Minimum diameter Extra-Large Pieces No limitation 32 64 Large Pieces 32 64 24 64 Halves and Pieces No limitation 20 64 Medium Pieces 24 64 16 64 Small Pieces 16 64 12 64 Topping Pieces 12 64 8 64 Granules 8 64 4 64 In lieu of the size classifications in this table, 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 sixty-fourths of an inch. Tolerances for Defects § 51.1437 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 as follows: (a) U.S. Extra Fancy grade: (1) No foreign material; (2) 0.01 percent for shell, and center wall; (3) Zero tolerance is provided for pecan weevil larvae; (4) 3 percent for portions of kernels which are “light amber” or darker color, or darker than any specified lighter color classification, but which are not otherwise defective; and (5) 3 percent for portions of kernels which fail to meet the remaining requirements of the grade, including therein not more than 0.50 percent (one-half of 1 percent) for defects causing serious damage: Provided, (b) U.S. Fancy grade: (1) No foreign material; (2) 0.01 percent for shell and center wall; (3) No more than 2 pecan weevil larvae; (4) 5 percent for portions of kernels which are “amber” or darker color, or darker than any specified lighter color classification, but which are not otherwise defective; and (5) 5 percent for portions of kernels which fail to meet the remaining requirements of the grade, including therein not more than 0.50 percent (one-half of 1 percent) for defects causing serious damage, including pecan weevil larvae: Provided, (c) U.S. Choice grade: (1) No foreign material; (2) 0.01 percent for shell and center wall; (3) No more than 5 pecan weevil larvae; (4) 15 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 (5) 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, including pecan weevil larvae. (d) U.S. Standard grade: (1) No foreign material; (2) 0.01 percent for shell and center wall; (3) 25 percent for portions of kernels which are darker than a specified color classification, but which are not otherwise defective; and (4) 15 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, including pecan weevil larvae. Application of Standards § 51.1438 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. Definitions § 51.1439 Premier half-kernel (Premier halves). Premier half-kernel (Premier halves) § 51.1440 Half-kernel (Halves). Half-kernel (Halves) § 51.1441 Piece. Piece § 51.1442 Meal and flour. Meal and flour § 51.1443 Well dried. Well dried § 51.1444 Well developed. Well developed § 51.1445 Fairly well developed. Fairly well developed § 51.1446 Poorly developed. Poorly developed § 51.1447 Uniform in color. Uniform in color § 51.1448 Fairly uniform in color. Fairly uniform in color § 51.1449 Uniform in size. Uniform in size § 51.1450 Fairly uniform in size. Fairly uniform in size § 51.1451 Foreign material. Foreign material § 51.1452 Damage. 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) 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; (d) Kernel which is not well dried; (e) Kernel which is “dark amber” or darker color; (f) Kernel having more than one dark kernel spot, or one dark kernel spot more than one-eighth inch in greatest dimension; (g) Poorly developed kernel; and (h) Shriveling when the surface of the kernel is very conspicuously wrinkled. § 51.1453 Serious damage. Serious damage (a) 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; (b) Any plainly visible mold; (c) 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; (d) Dark skin discoloration, darker than “dark brown,” when covering more than one-fourth of the surface of the half-kernel or piece; (e) Decay affecting any portion of the kernel; (f) Insects, web, or frass or any distinct evidence of insect feeding on the kernel; (g) Internal discoloration, which is dark gray, dark brown, or black and extends more than one-third the length of the half-kernel or piece; and (h) Rancidity when the kernel is distinctly rancid to taste. Staleness of flavor shall not be classed as rancidity. Note 1 to § 1453( h Rancidity refers to the tendency of the oil in a pecan kernel to become tainted as a result of oxidation or hydrolysis. Industry measures to determine the tendency of a kernel to become rancid include testing the kernel's peroxide and free fatty acid values. Peroxide values should be less than 5 mEq/kg and free fatty acids acid value should be less than 1 percent. These analyses are not performed in determination of grade. Subpart O—United States Standards for Grades of Fresh Plums and Prunes Source: 69 FR 9193, Feb. 27, 2004, unless otherwise noted. Grades § 51.1520 U.S. Fancy. “U.S. Fancy” consists of plums or prunes of one variety which are well formed, clean, mature but not overripe or soft or shriveled; which are free from decay, sunscald, heat injury, 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 1 1/4 See (b) [Reserved] § 51.1521 U.S. No. 1. “U.S. No. 1” consists of plums or prunes of one variety which are well formed, clean, mature but not overripe or soft or shriveled; which are free from decay and sunscald, and free from damage caused by broken skins, heat injury, growth cracks, sunburn, split pits, hail marks, drought spots, gum spots, russeting, scars, other disease, insects or mechanical or other means. (a) Italian type prunes shall be fairly well colored and, unless otherwise specified, shall be not less than 1 1/4 See (b) [Reserved] § 51.1522 U.S. Combination. “U.S. Combination” consists of a combination of U.S. No. 1 and U.S. No. 2 plums or prunes: Provided, See § 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 § 51.1524 [Reserved] 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 For defects of plums or prunes other than Italian type prunes at shipping point. 1 Provided, 1 (2) For defects of plums or prunes other than Italian type prunes en route or at destination. Provided, (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 Provided, (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, (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, (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 For defects at shipping point. 1 Provided, (2) For defects en route or at destination. Provided, (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, See 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, (b) [Reserved] Standard Pack § 51.1527 Standard pack. (a) Packing. (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. 2/3 (i) California peach boxes, lug boxes and small consumer packages. (ii) Face and fill packs in cartons and lug boxes. (c) Sizing. (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. 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. § 51.1529 Clean. “Clean” means that the fruit is practically free from dirt and other foreign material. § 51.1530 Mature. “Mature” means that the fruit has reached the stage of maturity which will insure a proper completion of the ripening process. § 51.1531 Sunscald. “Sunscald” means injury caused by the sun in which softening or collapse of the flesh is apparent. § 51.1532 Damage. “Damage” means any specific defect defined in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which 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. § 51.1533 Well colored. “Well colored,” as applied to Italian type prunes, means that 95 percent of the surface of the prune is purple color. § 51.1534 Fairly well colored. “Fairly well colored,” as applied to Italian type prunes, means that at least three-fourths of the surface of the prune is purple color. § 51.1535 Badly misshapen. “Badly misshapen” means that the fruit is so malformed or rough that its appearance is seriously affected. Doubles shall be considered badly misshapen, except that doubles of Italian type prunes which have approximately equal halves shall not be considered badly misshapen. § 51.1536 Serious damage. “Serious damage” means any specific defect defined in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects which 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. § 51.1537 Diameter. “Diameter” means the greatest dimension measured at right angles to a line from the stem to blossom end of the fruit. Metric Conversion Table § 51.1538 Metric conversion table. Inches Millimeters 1 8 3.2 1 4 6.4 3 8 9.5 1 2 12.7 5 8 15.9 3 4 19.1 7 8 22.2 1 equals 25.4 1 1 4 31.8 1 1 2 38.1 1 3 4 44.5 2 equals 50.8 3 equals 76.2 4 equals 101.6 Subpart P—United States Standards for Grades of Potatoes Source: 35 FR 18258, Dec. 1, 1970, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Grades § 51.1540 [Reserved] § 51.1541 U.S. No. 1. “U.S. No. 1” consists of potatoes which meet the following requirements: (a) Similar varietal characteristics, except when designated as a mixed or specialty pack; (b) Firm; (c) Fairly clean; 2 2 (d) Fairly well shaped; (e) Free from: (1) Freezing; (2) Blackheart; (3) Late blight, southern bacterial wilt and ring rot; and, (4) Soft rot and wet breakdown. (f) Free from damage by any other cause. See §§ 51.1564 and 51.1565. (g) Size. Not less than 1 7/8 (h) For tolerances see § 51.1546. [35 FR 18258, Dec. 1, 1970, as amended at 76 FR 31789, June 2, 2011] § 51.1542 U.S. Commercial. “U.S. Commercial” consists of 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. § 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 1 1/2 (f) For tolerances see § 51.1546. [35 FR 18258, Dec. 1, 1970, as amended at 76 FR 31789, June 2, 2011] Unclassified § 51.1544 [Reserved] Size § 51.1545 Size. (a) The minimum size, or minimum and maximum sizes may be specified in connection with the grade in terms of diameter or weight of the individual potato, or in accordance with one of the size designations in Table I or Table II: Provided, (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 diameter 1 Maximum diameter 1 Inches Ounces Inches Ounces Creamer 3 4 ( 3 1 5 8 ( 3 Chef 2 3 4 8 4 1 2 28 Size A 2 1 7 8 ( 3 ( 3 ( 3 Size B 1 1 2 ( 3 2 1 4 ( 3 Small 1 3 4 ( 3 2 1 2 6 Medium 2 1 4 5 3 1 4 10 Large 3 10 4 1 2 28 1 2 1 2 3 Table II [Ounces] Size designation Minimum weight Maximum weight Under 50 15 50 12 19 60 10 16 70 9 15 80 8 13 90 7 12 100 6 10 110 5 9 120 4 8 130 4 8 140 4 8 Over 140 4 8 [35 FR 18258, Dec. 1, 1970, as amended at 37 FR 2745, Feb. 5, 1972. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981; amended at 56 FR 7553, Feb. 25, 1991; 73 FR 15055, Mar. 21, 2008; 73 FR 70585, Nov. 21, 2008] Tolerances § 51.1546 Tolerances. To allow for variations incident to proper grading and handling in each of the foregoing grades, the following tolerances by weight or equivalent basis, are provided as specified. (a) For defects U.S. No. 1. At Shipping Point: (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) 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: (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. At Shipping Point: (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) 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. 1/4 (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, [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] 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, And provided further, 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. 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”. Definitions § 51.1550 Similar varietal characteristics. Similar varietal characteristics § 51.1551 Firm. Firm § 51.1552 Clean. Clean § 51.1553 Fairly clean. Fairly clean § 51.1554 Mature. Mature § 51.1555 Fairly well matured. Fairly well matured § 51.1556 Well shaped. Well shaped § 51.1557 Fairly well shaped. Fairly well shaped § 51.1558 Seriously misshapen. Seriously misshapen § 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] § 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] § 51.1562 Freezing. Freezing § 51.1563 Soft rot or wet breakdown. Soft rot or wet breakdown § 51.1564 External defects. External defects Table III—External Defects Defects Damage Serious damage 1 Air Cracks When 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 1 3 When removal causes a loss of more than 10 percent of the total weight of the potato or when the air crack(s) affects more than 3 4 Artificial Coloring When 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 potato When 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., 3 4 1 2 When removal causes a loss of more than 10 percent of the total weight of the potato or when the area affected is more than 10 percent of the surface in the aggregate (i.e., 1 1 4 1 2 Cuts When one smooth cut affects more than 5 percent of the surface area Cut(s) that affect more than 10 percent of the surface area in the aggregate or when a single side cut extends beyond 1 2 Dirt When materially detracting from the appearance of the potato When seriously detracting from the appearance of the potato. Elephant Hide When affecting over 10 percent of the surface area of the potato When affecting over 25 percent of the surface area. Enlarged Lenticels When materially detracting from the appearance of the potato When seriously detracting from the appearance of the potato. External Discoloration (Areas that are light tan or lighter in color and blends should be 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 brown When 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 Bruises When removal of underlying discolored flesh causes a loss of more than 5 percent of the total weight of the potato or when the flattened or depressed area(s) covers more surface area than allowed in Table IV. (See Table IV.) When removal of underlying discolored flesh the causes a loss of more than 10 percent of the weight of the potato or when the flattened depressed area(s) covers more surface area than allowed in the Table IV. (See Table IV.) Flea Beetle Injury When materially detracting from the appearance or when removal causes a loss of more than 5 percent of the total weight of the potato or when the area affected is more than 5 percent of the surface in the aggregate When seriously detracting from the appearance of the potato or when removal causes a loss of more than 10 percent of the weight of the potato or when the area affected is more than 10 percent of the surface in the aggregate. Greening When removal causes a loss of more than 5 percent of the total weight of the potato or when green color affects more than 25 percent of the surface in the aggregate When removal causes a loss of more than 10 percent of the weight of the potato or when green color affects more than 50 percent of the surface in the aggregate. Growth Cracks When the growth crack(s) affects more than 1 2 1 3 See When the growth crack(s) affects more than 3 4 See Grub Damage When 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 3 4 1 2 When removal causes a loss of more than 10 percent of the total weight of the potato or when affecting more than 10 percent of the surface area (i.e. more than 1 1 4 1 2 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 potato When removal causes loss of more than 10 percent of total weight of potato. Rhizoctonia When affecting more than 15 percent of the surface in the aggregate When 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 aggregate N/A. Rodent or Bird Damage When 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 3 4 1 2 When removal causes a loss of more than 10 percent of the total weight of the potato or when affecting more than 10 percent of the surface area (i.e. more than 1 1 4 1 2 Scab, Pitted When 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 1 2 1 2 When the removal causes a loss of more than 10 percent of the total weight of the potato or when scab affects an aggregate area of more than 1 inch. (Based on a potato 2 1 2 Scab, Russet Smooth and affecting more than 1 3 Rough and affecting more than 25 percent of the surface in the aggregate. Scab, Surface When more than 5 percent of the surface in the aggregate is affected When more than 25 percent of the surface in the aggregate is affected. Second Growth When materially detracting from the appearance of the potato When seriously detracting from the appearance of the potato. Silver Scurf When affecting more than 50 percent of the surface area of the potato When its severity causes a wrinkling of the skin over more than 50 percent of the surface. Sprouts When more than 5 percent of the potatoes in any lot have any sprout more than 1 4 1 2 When more than 10 percent of the potatoes in any lot have any sprout more than 1 2 Sunburn When removal causes loss of more than 5 percent of total weight of potato When removal causes loss more than 10 percent of total weight of potato. Sunken Discolored Areas SEE TABLE VI SEE TABLE VI. Surface Cracks (Areas affected by fine net-like cracking should be ignored.) When smooth shallow cracking affects more than 1 3 When rough deep cracking affects more than 10 percent of the surface. Wireworm or Grass Damage When 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 No. 2 Potato is: Potato is: Not more than: Not more than: Less than 2 in Less than 4 oz 1 2 1 in 2 to 2 1 2 4 to 6 oz 1 in 1 1 2 More than 2 1 2 More than 6 to 8 oz 1 1 4 1 3 4 More than 3 to 3 1 2 More than 8 to 14 oz 1 1 2 1 7 8 More than 3 1 2 More than 14 to 20 oz 1 3 4 2 in More than 4 to 4 1 2 More than 20 to 28 oz 2 in 2 1 4 More than 4 1 2 More than 28 to 36 oz 2 1 4 2 3 4 More than 5 in More than 36 oz 2 1 2 3 1 4 Table V—Depth Allowed for Growth Cracks Diameter Weight No. 1 No. 2 Potato is: Potato is: Not more than: Not more than: Less than 2 in Less than 4 oz 1 8 1 4 2 to 2 1 2 4 oz to 6 oz 1 4 3 8 More than 2 1 2 More than 6 oz to 8 oz 3 8 1 2 More than 3 in More than 8 oz 1 2 5 8 Table VI—Sunken Discolored Areas Maximum Area Allowed Diameter Weight No. 1 No. 2 Potato is: Potato is: Not more than: Not more than: Less than 2 in Less than 4 oz 3 8 3 4 2 to 2 1 2 4 to 6 oz 3 4 1 in More than 2 1 2 More than 6 to 8 oz 1 in 1 1 4 More than 3 to 3 1 2 More than 8 to 14 oz 1 1 4 1 1 2 More than 3 1 2 More than 14 to 20 oz 1 1 2 1 3 4 More than 4 to 4 1 2 More than 20 to 28 oz 1 3 4 2 in More than 4 1 2 More than 28 to 36 oz 2 in 2 1 4 More than 5 in More than 36 oz 2 1 4 2 1 2 [35 FR 18258, Dec. 1, 1970, as amended at 73 FR 15055, Mar. 21, 2008; 73 FR 70586, Nov. 21, 2008; 76 FR 31789, June 2, 2011] § 51.1565 Internal defects. Internal defects Table VII—Internal Defects Defects Damage Maximum Allowed Serious Damage Maximum Allowed Occurring outside of or not entirely confined to the vascular ring Ingrown Sprouts, Internal Discoloration, Vascular Browning, Fusarium Wilt, Net Necrosis, Other Necrosis, Stem End Browning 5 percent waste 10 percent waste. Internal Black Spot When the spot(s) are darker than the official color chip (POT-CC-2) after removing 5 percent of the total weight of the potato When 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 Discoloration Area affected not to exceed that of a circle 1 2 1 2 1 Area affected not to exceed that of a circle 3 4 1 2 1 Light Brown Discoloration (Brown Center) Area affected not to exceed that of a circle 1 2 1 2 1 Area affected not to exceed that of a circle 3 4 1 2 1 Occurring entirely within the vascular ring Internal Brown Spot and Similar Discoloration (Heat Necrosis) Not more than the equivalent of 3 scattered spots 1 8 1 2 1 Not more than the equivalent of 6 scattered spots 1 8 1 2 1 1 [35 FR 18258, Dec. 1, 1970. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981; amended at 56 FR 7553, Feb. 25, 1991; 56 FR 10302, Mar. 11, 1991; 73 FR 15058, Mar. 21, 2008 ; 73 FR 70586, Nov. 21, 2008; 76 FR 31789, June 2, 2011] Metric Conversion Table § 51.1566 Metric conversion table. Inches Millimeters (mm) 1 8 3.2 1 4 6.4 1 2 12.7 3 4 19.1 1 equals 25.4 1 1 2 38.1 2 equals 50.8 2 1 2 63.5 3 equals 76.2 3 1 2 88.9 4 equals 101.6 4 1 2 114.3 Ounces Grams 1 equals 28.35 4 equals 113.40 5 equals 141.75 6 equals 170.10 7 equals 198.45 8 equals 226.80 9 equals 255.15 10 equals 283.50 12 equals 340.20 14 equals 396.90 16 equals 453.60 18 equals 510.30 19 equals 538.60 20 equals 567.00 Subpart Q—United States Consumer Standards for Potatoes Source: 18 FR 7132, Nov. 11, 1953, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Grades § 51.1575 U.S. Grade A Small; U.S. Grade A Medium; U.S. Grade A 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, (a) Tolerances. § 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. 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. Grades Size range requirements, round or intermediate shaped varieties Size range requirements, long varieties Tolerance 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 small 1 1 2 2 1 4 1 1 2 4 3 15 U.S. Grades A & B medium 2 1 4 3 4 ounces 10 5 15 U.S. Grades A & B medium to large 2 1 4 4 4 ounces 16 5 15 U.S. Grades A & B large 3 4 10 ounces 16 5 15 Off-Grade § 51.1578 Off-Grade potatoes. Potatoes which fail to meet the requirements of any of the foregoing grades shall be Off-Grade potatoes. Application of Tolerances § 51.1579 Application of tolerances to individual containers. (a) Based on sample inspection, the contents of individual containers in the lot are subject to the following limitations: Provided, (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. Definitions § 51.1580 Fairly well shaped. Fairly well shaped § 51.1581 Fairly clean. Fairly clean § 51.1582 Soft rot or wet breakdown. Soft rot or wet breakdown § 51.1583 Damage. 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. § 51.1584 Internal discoloration. Internal discoloration § 51.1585 Mature. Mature § 51.1586 Serious damage. 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, § 51.1587 Diameter. Diameter Subpart R—United States Standards for Grades of Florida Tangerines Source: 61 FR 20713, May 8, 1996, unless otherwise noted. Grades § 51.1810 U.S. Fancy. “U.S. Fancy” consists of tangerines which meet the following 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. § 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. § 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. § 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. § 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. § 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. § 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. § 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. § 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. § 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. 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. (i) For defects at shipping point. 1 Provided, 1 (ii) For defects en route or at destination. Provided, (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 (ii) For defects en route or at destination. Provided, (A) 10 percent for fruit having permanent defects; or, (B) 3 percent for decay or wormy fruit. (b) Discoloration U.S. No. 1 Bright, U.S. No. 1, U.S. No. 2 Bright, and U.S. No. 2. And provided further, (2) U.S. No. 1 Golden. And provided further, (3) U.S. No. 1 Bronze, and U.S. No. 1 Russet. And provided further, (4) U.S. No. 2 Russet. And provided further, [61 FR 20713, May 8, 1996, as amended at 61 FR 40290, Aug. 2, 1996; 62 FR 2897, Jan. 21, 1997] Application of Tolerances § 51.1821 Application of tolerances. Individual samples are subject to the following limitations, unless otherwise specified in § 51.1820. Individual samples shall have not more than one and one-half times a specified tolerance of 10 percent or more, and not more than double a specified tolerance of less than 10 percent: Provided, And provided further, [62 FR 2898, Jan. 21, 1997] Size § 51.1822 Size. (a) Fruits shall be fairly uniform in size and shall be packed in containers according to approved and recognized methods. (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. Definitions § 51.1823 Mature. Mature http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. § 51.1824 Firm. Firm § 51.1825 Well formed. Well formed § 51.1826 Damage. Damage § 51.1827 Highly colored. Highly colored § 51.1828 Discoloration. Discoloration § 51.1829 Well colored. Well colored § 51.1830 Fairly well colored. Fairly well colored 1/4 § 51.1831 Fairly firm. Fairly firm § 51.1832 Fairly well formed. Fairly well formed § 51.1833 Serious damage. Serious damage § 51.1834 Reasonably well colored. Reasonably well colored § 51.1835 Very serious damage. Very serious damage § 51.1836 Diameter. Diameter § 51.1837 Classification of defects. Table I Factor Damage Serious damage Very serious damage Ammoniation Not occurring as light speck type, or detracts more than discoloration permitted in the grade Scars are cracked or dark and aggregating more than a circle 5 8 Aggregating more than 25 percent of the surface. Bruises Segment walls are collapsed, or rag is ruptured and juice sacs are ruptured Segment walls are collapsed, or rag is ruptured and juice sacs are ruptured Fruit is split open, peel is badly watersoaked, or rag is ruptured and juice sacs are ruptured causing a mushy condition affecting all segments more than 1 2 Buckskin Aggregating more than a circle 3 4 Aggregating more than 25 percent of the surface Aggregating more than 50 percent of the surface. Caked melanose Aggregating more than a circle 3 8 Aggregating more than a circle 5 8 Aggregating more than 25 percent of the surface. Creasing Materially weakens the skin, or extends over more than one-third of the surface Seriously weakens the skin, or extends over more than one-half of the surface Very seriously weakens the skin, or is distributed over practically the entire surface. Dryness or mushy condition Affecting all segments more than 1 8 Affecting all segments more than 1 4 Affecting all segments more than 1 2 Green spots Aggregating more than a circle 1 2 Aggregating more than a circle 5 8 Aggregating more than 25 percent of the surface. Oil spots Aggregating more than a circle 1 2 Aggregating more than a circle 3 4 Aggregating more than 25 percent of the surface. Scab Materially detracts from the shape or texture, or aggregating more than a circle 3 8 Seriously detracts from the shape or texture, or aggregating more than a circle 5 8 Aggregating more than 25 percent of the surface. Scale Aggregating more than a circle 3 8 Aggregating more than a circle 5 8 Aggregating 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 1 4 3 4 1 8 Deep or rough aggregating more than a circle 1 2 1 8 Deep or rough or unsightly that appearance is very seriously affected. Skin breakdown Aggregating more than a circle 1 2 Aggregating more than a circle 3 4 Aggregating more than 25 percent of the surface. Sprayburn Skin is hard and aggregating more than a circle 3 4 Skin is hard and aggregating more than a circle 1 1 4 Aggregating more than 25 percent of the surface. Sunburn Skin is flattened, dry, darkened, or hard and the affected area exceeds 25 percent of the surface Skin is hard and affects more than one-third of the surface Aggregating more than 50 percent of the surface. Note: 1 2 Subpart S—United States Standards for Fresh Tomatoes Source: 38 FR 23932, Sept. 5, 1973, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Grades § 51.1855 U.S. No. 1. “U.S. No. 1” consists of tomatoes which meet the following 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. § 51.1856 U.S. Combination. “U.S. Combination” consists of a combination of U.S. No. 1 and U.S. No. 2 tomatoes: Provided, (a) For tolerances see § 51.1861. § 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. § 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. 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 designation Inches Minimum diameter 1 Maximum diameter 2 Small 2 4 32 2 9 32 Medium 2 8 32 2 17 32 Large 2 16 32 2 25 32 Extra large 2 24 32 1 2 [56 FR 21915, May 13, 1991; 56 FR 32474, July 16, 1991] Color Classification § 51.1860 Color classification. (a) The following terms may be used, when specified in connection with the grade statement, in describing the color as an indication of the stage of ripeness of any lot of mature tomatoes of a red fleshed variety: (1) Green. (2) Breakers. (3) Turning. (4) Pink. (5) Light red. Provided, (6) Red. (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] 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 For defects at shipping point. 2 Provided, 2 (2) For defects en route or at destination. Provided, (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, (b) U.S. Combination For defects at shipping point. 2 Provided, (2) For defects en route or at destination. Provided, (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, (c) U.S. No. 2 For defects at shipping point. 2 Provided, (2) For defects en route or at destination. Provided, (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, (d) U.S. No. 3 For defects at shipping point. 2 Provided, (2) For defects en route or at destination. Provided, (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, (e) For off size. (f) For off color. 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 1 1/2 Provided, (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, 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. Definitions § 51.1864 Similar varietal characteristics. Similar varietal characteristics § 51.1865 Mature. Mature § 51.1866 Soft. Soft § 51.1867 Clean. Clean § 51.1868 Well developed. Well developed § 51.1869 Fairly well formed. Fairly well formed § 51.1870 Fairly smooth. Fairly smooth § 51.1871 Damage. Damage § 51.1872 Reasonably well formed. Reasonably well formed § 51.1873 Slightly rough. Slightly rough § 51.1874 Serious damage. Serious damage § 51.1875 Misshapen. Misshapen Provided, § 51.1876 Very serious damage. Very serious damage § 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 2 1 2 1 [See footnote at end of Table II] Factor Damage Serious damage Very serious damage Cuts and broken skins Not shallow or not well healed, or shallow, well healed cut more than 1 2 3 8 Not shallow or not well healed, or shallow, well healed cut more than 1 2 1 2 Fresh or healed and extending through the tomato wall. Puffiness Open 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 end Open 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 end Open space in 2 or more locules very seriously detracts from appearance of tomato cut through center at right angles to a line from stem to blossom end. Catfaces Scars are rough or deep, channels are very deep or wide, channels extend into a locule, or a fairly smooth catface aggregating more than a circle 1 2 Scars 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 3 4 Channels extend into the locule, wall has been weakened to the extent that slight pressure will cause a tomato to leak, or a fairly smooth catface aggregating more than a circle 1 inch (25 mm) in diameter. Scars (other than catfaces) No depth and aggregating more than a circle 3 8 No depth and aggregating more than a circle 5 8 No 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 1 8 1 2 Not well healed, more than 1 8 3 4 3 4 Not well healed, more than 1 4 7 8 1 8 3 4 Hail Deep, rough, not well healed and corked over, or fairly smooth, shallow hailmarks aggregating more than a circle 3 8 Deep, rough, not well healed and corked over, or fairly smooth, shallow hailmarks aggregating more than a circle 5 8 Fresh, very deep or fairly smooth, shallow hailmarks aggregating more than a circle 1 inch (25 mm) in diameter. Insect injury Materially detracts from the appearance of any insect is present in the fruit Seriously detracts from the appearance of any insect is present in the fruit Very seriously detracts from the appearance of any insect is present in the fruit. 1 [38 FR 23932, Sept. 5, 1973, as amended at 38 FR 32920, Nov. 29, 1973. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981] Subpart T—United States Consumer Standards for Fresh Tomatoes Source: 18 FR 7144, Nov. 11, 1953, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. General § 51.1900 General. These standards apply only to fieldgrown tomatoes and not to tomatoes grown in greenhouses. 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. § 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. Size and Maturity Classification § 51.1903 Size classification. The following terms may be used for describing the size of the tomatoes in any lot: Small Medium Under 3 oz 3 to 6 oz., inc. Large Very Large Over 6 to 10 oz., inc Over 10 oz. (a) The tomatoes may also be classed in terms of combinations of the above sizes, as “Small to Medium,” “Medium to Large,” “Small to Very Large,” etc., in accordance with the facts. (b) Incident to proper sizing, not more than 10 percent, by count, of the tomatoes in any lot may vary from the size specified. § 51.1904 Maturity classification. Tomatoes which are 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, 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. Definitions § 51.1906 Similar varietal characteristics. Similar varietal characteristics § 51.1907 Mature. Mature § 51.1908 Well developed. Well developed § 51.1909 Fairly well formed. Fairly well formed § 51.1910 Fairly smooth. Fairly smooth § 51.1911 Damaged. Damaged (a) Cuts which are not shallow, not well healed, or when more than 1/2 (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. 3/8 1/2 1/2 (d) Growth cracks. 1/2 (e) Scars (except catfaces), when dark colored and shallow and aggregating more than 1/4 1/2 1/4 Provided, 1/2 (f) Dry rot such as dry type Macrosporium or Phoma, when the spot is not adjacent to the stem scar, or when adjacent to the stem scar and more than 3/16 § 51.1912 Badly misshapen. Badly misshapen § 51.1913 Serious damage. 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 1/2 1/2 1/2 Provided, 1/2 (g) Dry rot such as dry type Macrosporium or Phoma, when the spot is not adjacent to the stem scar, or when adjacent to the stem scar and more than 1/4 (h) Fruit actually infested with worms. Subpart U—United States Standards for Grades of Filberts in the Shell Source: 35 FR 11453, July 17, 1970, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Grade § 51.1995 U.S. No. 1. “U.S. No. 1” consists of filberts in the shell which meet the following 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 classifications Maximum size—Will pass through a round opening of the following size Minimum size—Will not pass through a round opening of the following size Round type varieties: Jumbo No maximum 56 64 Large 56 64 49 64 Medium 49 64 45 64 Small 45 64 No minimum. Long type varieties: Jumbo No maximum 47 64 Large 48 64 44 64 Medium 45 64 34 64 Small 35 64 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. (2) For defects. Provided, (3) For off-size. 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. Definitions § 51.1997 Similar type. Similar type § 51.1998 Dry. Dry § 51.1999 Well formed. Well formed § 51.2000 Clean and bright. Clean and bright § 51.2001 Blank. Blank § 51.2002 Split shell. Split shell § 51.2003 Damage. 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. § 51.2004 Reasonably well developed. Reasonably well developed § 51.2005 Badly misshapen. Badly misshapen § 51.2006 Rancidity. Rancidity § 51.2007 Moldy. Moldy § 51.2008 Insect injury. Insect injury Metric Conversion Table § 51.2009 Metric conversion table. Inches Millimeters (mm) 62 64 24.6 59 64 23.4 56 64 22.2 49 64 19.4 48 64 19.0 47 64 18.6 45 64 17.9 44 64 17.5 42 64 16.7 35 64 13.9 34 64 13.5 Subpart V—United States Standards for Grades of Almonds in the Shell Source: 62 FR 2892, Jan. 21, 1997, unless otherwise noted. Grades § 51.2075 U.S. No. 1. “U.S. No. 1” consists of almonds in the shell which are of similar varietal characteristics and free from loose 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 28/64 (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. (2) For dissimilar varieties. (3) For size. (4) For loose extraneous and foreign material. 24/64 (5) For internal (kernel) defects. [62 FR 2892, Jan. 21, 1997, as amended at 78 FR 14908, Mar. 8, 2013] § 51.2076 U.S. No. 1 Mixed. “U.S. No. 1 Mixed” consists of 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. § 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. § 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. 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. 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] Definitions § 51.2081 Similar varietal characteristics. Similar varietal characteristics § 51.2082 Loose extraneous and foreign material. Loose extraneous and foreign material § 51.2083 Clean. Clean § 51.2084 Fairly bright. Fairly bright § 51.2085 Fairly uniform color. Fairly uniform color § 51.2086 Well dried. Well dried § 51.2087 Decay. Decay § 51.2088 Rancidity. Rancidity § 51.2089 Damage. 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. § 51.2090 Serious damage. Serious damage § 51.2091 Thickness. Thickness Subpart W—United States Standards for Grades of Shelled Almonds Source: 62 FR 2894, Jan. 21, 1997, unless otherwise noted. Grades § 51.2105 U.S. Fancy. “U.S. Fancy” consists of shelled 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. (b) For doubles. (c) For kernels injured by chipping and/or scratching. (d) For foreign material. (e) For particles and dust. (f) For other defects. § 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. (b) For doubles. (c) For kernels damaged by chipping and/or scratching. (d) For foreign material. (e) For particles and dust. (f) For other defects. 1/2 § 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. (b) For doubles. (c) For kernels damaged by chipping and/or scratching. (d) For foreign material. (e) For particles and dust. (f) For other defects. 1/2 § 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. (b) For doubles. (c) For kernels damaged by chipping and/or scratching. (d) For foreign material. (e) For particles and dust. (f) For split and broken kernels. 20/64 (g) For other defects. § 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. (b) For doubles. (c) For kernels damaged by chipping and/or scratching or split and broken. 20/64 (d) For foreign material. (e) For particles and dust. (f) For other defects. § 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 20/64 (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. (2) For doubles. (3) For foreign material. (4) For particles and dust. (5) For undersize. (6) For other defects. § 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 8/64 (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. (2) For foreign material. (3) For particles and dust. (4) For other defects. 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. 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. § 51.2114 Tolerances for size. (a) When a range is specified as, for example, “ 18/20 (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. 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. Definitions § 51.2116 Similar varietal characteristics. Similar varietal characteristics (a) When a lot is specified as “one type,” all kernels shall be the same in shape and appearance; and, (b) When a lot is specified and carton marked as “California,” kernels present may include any one or a combination of blanchable varieties within the “California” Marketing Classification. In addition, Nonpareil or similar types may be included provided that it does not exceed twenty-five percent (25%), by weight, of the lot. § 51.2117 Whole. Whole § 51.2118 Clean. Clean § 51.2119 Well dried. Well dried § 51.2120 Decay. Decay § 51.2121 Rancidity. Rancidity § 51.2122 Insect injury. Insect injury § 51.2123 Foreign material. Foreign material 8/64 § 51.2124 Doubles. Doubles § 51.2125 Split or broken kernels. Split or broken kernels 8/64 § 51.2126 Particles and dust. Particles and dust 8/64 § 51.2127 Injury. Injury (a) Chipped and scratched kernels when the affected area on an individual kernel aggregates more than the equivalent of a circle one-eighth inch (3.2 mm) in diameter. § 51.2128 Damage. Damage (a) Chipped and scratched kernels, when the affected area on an individual kernel aggregates more than the equivalent of a circle one-quarter inch (6.4 mm) in diameter; (b) Mold, when visible on the kernel, except when white or gray and easily rubbed off with the fingers; (c) Gum, when a film of shiny, resinous appearing substance affects an area aggregating more than the equivalent of a circle one-quarter inch (6.4 mm) in diameter; (d) 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; (e) Brown spot on the kernel, either single or multiple, when the affected area aggregates more than the equivalent of a circle one-eighth inch (3.2 mm) in diameter; and, (f) Skin discoloration when more than one-half of the surface of the kernel is affected by very dark or black stains contrasting with the natural color of the skin. § 51.2129 Serious damage. Serious damage § 51.2130 Diameter. Diameter § 51.2131 Fairly uniform in size. Fairly uniform in size Subpart X—United States Standards for Shelled English Walnuts (Juglans Regia) Source: 23 FR 10354, Dec. 25, 1958, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. General § 51.2275 Application. The standards contained in this 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). § 51.2276 [Reserved] Grades § 51.2277 U.S. No. 1. “U.S. No. 1” consists of portions of walnut kernels which are well dried, clean, free from shell, foreign material, insect injury, decay, rancidity, and free from damage caused by shriveling, 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] § 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] Unclassified § 51.2279 [Reserved] 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] Grade Tolerances for grade defects Total defects Serious damage Very serious damage Shell and foreign material U. S. No. 1 5 2 (included in 5 percent total defects) 1 (included in 2 percent serious damage) 0.05 (included in 1 percent very serious damage). U.S. Commercial 8 4 (included in 8 percent total defects) 2 (included in 4 percent serious damage) 0.05 (included in 2 percent very serious damage). 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] § 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 classification Tolerances for color Darker than extra light 1 Darker than light 1 Darker than light amber 1 Darker than amber 1 Extra light 15 percent 2 percent (included in 15 percent darker than extra light) Light 15 percent 2 percent (included in 15 percent darker than light) Light amber 15 percent 2 percent (included in 15 percent darker than light amber). Amber 10 percent. Red 1 [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] § 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] 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. (b) Pieces and halves. 24/64 (c) Pieces. 24/64 (d) Small pieces. 24/64 8/64 § 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 classification Tolerances for size Smaller than three-fourths halves Will not pass through 24 64 Pass through 24 64 Pass through 16 64 Pass through 8 64 Halves 5 1 (included in 5 percent) Pieces and halves 1 18 3 (included in 18 percent) 1 (included in 2 percent). Pieces 25 5 (included in 25 percent) 1 (included in 5 percent). Small pieces 2 10 2. 1 2 Application of Tolerances § 51.2286 Application of tolerances. The tolerances provided in these standards are on a lot basis, and they shall be applied to a composite sample representative of the lot. However, any container or group of containers in which the walnuts are obviously of a quality materially different from that in the majority of containers shall be considered a separate lot, and shall be sampled separately. Definitions § 51.2287 Well dried. Well dried § 51.2288 Clean. Clean § 51.2289 Shell. Shell § 51.2290 Insect injury. Insect injury § 51.2291 Rancidity. Rancidity § 51.2292 Damage. 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. § 51.2293 Serious damage. 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. § 51.2294 Very serious damage. 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. § 51.2295 Half kernel. Half kernel § 51.2296 Three-fourths half kernel. Three-fourths half kernel Subpart Y—United States Standards for Grades of Kiwifruit Source: 47 FR 34513, Aug. 10, 1982, unless otherwise noted. § 51.2335 Grades. (a) “U.S. Fancy” consists of kiwifruit which meet the following 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] § 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 Provided, 2 (2) For defects en route or at destination. 12 percent for fruit which fail to meet the requirements of the specified grade: Provided, (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 Provided, (2) For defects en route or at destination. 12 percent for fruit which fail to meet the requirements of this grade: Provided, (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. § 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, Provided further, [47 FR 34513, Aug. 10, 1982, as amended at 50 FR 40186, Oct. 2, 1985; 51 FR 4293, Feb. 4, 1986] § 51.2338 Standard pack. (a) Fruit shall be fairly uniform in size and shall be packed in boxes, flats, lugs, or cartons and arranged according to approved and recognized methods. Containers shall be well filled; 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 1/2 3/8 1/4 (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] § 51.2339 Definitions. Similar varietal characteristics Mature Clean Fairly clean Well formed Fairly well formed Badly misshapen Carefully packed Injury Damage Serious damage Permanent defects Condition defects [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] § 51.2340 Classification of defects. Defects Injury Damage Serious damage Bruises When any slight indentation of the fruit or discoloration of the flesh extends more than 1 16 When surface of fruit is indented and discoloration of the flesh extends deeper than 1 8 3 8 3 8 When surface of the fruit is indented and discoloration of the flesh extends deeper than 1 4 1 2 Leaf or Limbrubs When not smooth, or not light colored, or aggregating more than the area of a circle 3 8 When not smooth, or not light colored, or aggregating more than the area of a circle 1 2 When smooth and light colored and aggregating more than the area of a circle 1- 1 2 3 4 Discoloration When color and pattern causes a distinct noticeable appearance (except for water staining) affecting more than 5% of surface When color and pattern causes an unattractive appearance (except for water staining) affecting more than 10% of surface When color and pattern causes a distinct unattractive appearance (except for water staining) affecting more than 25% of surface. Hail Injury When unhealed or deep, or aggregating more than the area of a circle 1 16 When unhealed or deep, or aggregating more than the area of a circle 1 4 When unhealed or deep, or aggregating more than the area of a circle 1 2 Growth Cracks When not healed, or more than one in number, or more than 1 8 When not healed, or more than one in number, or more than 1 8 3 8 1 4 When not healed and more than 1 8 3 16 5 8 1 2 Scab When cracked, or the aggregate area exceeds that of a circle 1 8 When cracked, or the aggregate area exceeds that of a cricle 1 4 When the aggregate area exceeds that of a circle 1 2 Scars When not smooth, or surface of the fruit is depressed more than 1 32 1 8 1 4 1 2 When not smooth, or surface of the fruit is depressed more than 1 16 1 4 1 2 3 4 When the surface of the fruit is depressed more than 3 16 3 4 Heat, Sprayburn and Sunburn When the normal color of the skin or flesh is more than slightly changed, or any indentation is present When the skin is blistered, cracked or decidedly flattened, or the normal color of the skin or flesh has materially changed, or more than one indentation, or indentation exceeds 3 16 When 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 3 8 Scale or Scale Marks When more than one large scale or scale mark or more than three scales or scale marks of any size are present When the aggregate area exceds that of a circle 1 4 When the aggregate area exceeds that of a circle 3 8 Insects When feeding injury is evident on fruit or any insect is present in fruit When feeding injury materially detracts from appearance or any insect is present in fruit When 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 § 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] Subpart Z—United States Standards for Grades of Pistachio Nuts in the Shell Source: 51 FR 27814, Aug. 4, 1986, unless otherwise noted. § 51.2540 General. (a) Compliance with the provisions of these standards shall not excuse failure to comply with provisions of applicable Federal or State laws. (b) These standards are applicable to pistachio nuts in the shell which may be in a natural, dyed, raw, roasted, or salted state; or in any combination thereof. However, nuts of obviously dissimilar forms shall not be commingled. § 51.2541 U.S. Fancy, U.S. Extra No. 1, U.S. No. 1 And U.S. Select Grades. “U.S. Fancy,” “U.S. Extra No. 1,” “U.S. No. 1,” and “U.S. Select” consists of pistachio nuts in the shell which meet the following requirements: (a) Basic requirements: (1) Free from: (i) Foreign material; (ii) Loose kernels; (iii) Shell pieces; (iv) Particles and dust; and, (v) Blanks. (b) Shells: (1) Free from: (i) Non-split shells; and, (ii) Shells not split on suture. (2) Free from damage by: (i) Adhering hull material; (ii) Light stained; (iii) Dark stained; and, (iv) Other External (shell) defects. (c) Kernels: (1) Well dried, or, very well dried when specified in connection with the grade. (2) Free from damage by: (i) Immature kernels; (ii) Kernel spotting; and, (iii) Other Internal (kernel) defects. (3) Free from serious damage by: (i) Minor insect or vertebrate injury; (ii) Insect damage; (iii) Mold; (iv) Rancidity; (v) Decay; and, (vi) Other Internal (kernel) defects. (d) The nuts are of a size not less than 30/64 (e) For tolerances, see § 51.2544. [68 FR 50682, Aug. 22, 2003] § 51.2542 U.S. Artificially Opened. “U.S. Artificially Opened” consists of artificially opened pistachio nuts in the shell which meet the following requirements: (a) Basic Requirements: (1) Free from: (i) Foreign material; (ii) Loose kernels; (iii) Shell pieces; (iv) Particles and dust; and, (v) Blanks. (b) Shells: (1) Free from: (i) Non-split shells; and, (ii) Shells not split on suture. (2) Free from damage by: (i) Adhering hull material; (ii) Light stained; (iii) Dark stained; and, (iv) Other External (shell) defects. (c) Kernels: (1) Well dried, or, very well dried when specified in connection with the grade. (2) Free from damage by: (i) Immature kernels; (ii) Kernel spotting; and, (iii) Other Internal (kernel) defects. (3) Free from serious damage by: (i) Minor insect or vertebrate injury; (ii) Insect damage; (iii) Mold; (iv) Rancidity; (v) Decay; and, (vi) Other Internal (kernel) defects. (d) The nuts are of a size not less than 30/64 (e) For tolerances, see § 51.2544. [68 FR 50683, Aug. 22, 2003] § 51.2543 U.S. Non-Split. “U.S. Non-Split” consists of non-split pistachio nuts in the shell which meet the following requirements: (a) Basic requirements: (1) Free from: (i) Foreign material; (ii) Loose kernels; (iii) Shell pieces; (iv) Particles and dust; and, (v) Blanks. (b) Shells: (1) Free from damage by: (i) Adhering hull material; and, (ii) Dark stain. (c) Kernels: (1) Well dried, or very well dried when specified in connection with the grade. (2) Free from damage by: (i) Immature kernels; (ii) Kernel spotting; and, (iii) Other internal (kernel) defects. (3) Free from serious damage by: (i) Minor insect or vertebrate injury; (ii) Insect damage; (iii) Mold; (iv) Rancidity; (v) Decay; and, (vi) Other Internal (kernel) defects. (d) The nuts are of a size not less than 30/64 (e) For Tolerances, see § 51.2544. [68 FR 50683, Aug. 22, 2003] § 51.2544 Tolerances. (a) In order to allow for variations incident to proper grading and handling, the tolerances in Tables I, II, and III of this section are provided. Table I—Tolerances [Percent] Factor U.S. fancy U.S. extra No. 1 U.S. No. 1 U.S. select U.S. artificially opened U.S. non-split External (shell) Defects (tolerances by weight): (a) Non-split and not split on suture 2 3 6 10 10 N/A (1) Non-split included in (a) 1 2 3 4 4 N/A (b) Adhering hull material 1 1 1 2 2 2 (c) Light stained 7 12 25 N/A N/A N/A (1) Dark stained, included in (c) 2 3 3 3 3 3 (d) Damage by other means 1 1 2 3 10 N/A (e) Total External Defects 9 16 N/A N/A N/A N/A (f) Undersized (Less than 30 64 5 5 5 5 4 5 Table II—Tolerances Factor U.S. fancy U.S. extra U.S. No. 1 U.S. select U.S. artificially opened U.S. non-split (a) Damage 3 6 6 6 6 6 (b) Serious Damage (Minor Insect or Vertebrate Injury, Mold, Rancid, Decay) 3 4 4 4 4 4 (1) Insect Damage, included in (b) 1 2 2 2 2 2 (c) Total Internal Defects 4 8 9 9 9 9 Table III—Tolerances [Percent] Factor U.S. fancy U.S. extra No. 1 U.S. No. 1 U.S. select U.S. artificially opened U.S. non-split Other Defects (tolerances by weight): (a) Shell pieces and blanks 2 2 2 2 2 2 (1) Blanks, included in (a) 1 1 1 1 1 1 (b) Foreign material (No glass, metal or live insects shall be permitted) .25 .25 .25 .25 .25 .25 (c) Particles and dust .25 .25 .25 .25 .25 .25 (d) Loose kernels 4 5 6 6 6 6 (b) [Reserved] [68 FR 50683, Aug. 22, 2003, as amended at 69 FR 76835, Dec. 23, 2004] § 51.2545 Application of tolerances. The tolerances for the grades apply to the entire lot and shall be based on a composite sample drawn from containers throughout the lot. Any container or group of containers which have nuts obviously different in quality or size from those in the majority of the containers shall be considered a separate lot and shall be sampled separately. [68 FR 50684, Aug. 22, 2003] § 51.2546 Size. Nuts may be considered as meeting a size designation specified in Table IV or a range in number of nuts per ounce, provided, the weight of 10 percent, by count, of the largest nuts in a sample does not exceed 1.50 times the weight of 10 percent, by count, of the smallest and the average number of nuts per ounce is not more than one-half nut above or below the extremes of the range specified. Table IV—Nut Size Size designations Average number of nuts per ounce 1 Colossal Less than 18. Extra Large 18 to 20. Large 21 to 25. Medium 26 to 30. Small More than 30. 1 [68 FR 50684, Aug. 22, 2003] § 51.2547 Definitions. (a) Well dried (b) Very well dried (c) Loose kernels (d) External (shell) defects (1) Damage (i) Non-split shells 18/1000 1/4 (ii) Not split on suture 18/1000 1/4 (iii) Adhering hull material (iv) Light stained (v) Dark stained (e) Internal (kernel) defects (1) Damage (i) Immature kernels (ii) Kernel spotting (2) Serious damage (i) Minor insect or vertebrate injury (ii) Insect damage (iii) Mold (iv) Rancidity (v) Decay (f) Other defects (1) Shell pieces (2) Blank (3) Foreign material (4) Particles and dust 5/64 (5) Undersize 30/64 [68 FR 50684, Aug. 22, 2003] § 51.2548 Average moisture content determination. (a) Determining average moisture content of the lot is not a requirement of the grades, except when nuts are specified as “very well dried.” It may be carried out upon request in connection with grade analysis or as a separate determination. (b) Nuts shall be obtained from a randomly drawn composite sample. Official certification shall be based on the air-oven method or other officially approved methods or devices. Results obtained by methods or devices not officially approved may be reported and shall include a description of the method or device and the owner of any equipment used. [68 FR 50685, Aug. 22, 2003] § 51.2549 Metric conversion table. Use the following table for metric conversion: Inches Millimeters 5 64 1.98 18 100 .46 1 4 6.35 30 64 11.88 Ounces Grams 1 28.35 2 56.70 [68 FR 50685, Aug. 22, 2003] Subpart AA—United States Standards for Grades of Shelled Pistachio Nuts Source: 55 FR 28747, July 13, 1990, unless otherwise noted. § 51.2555 General. (a) Compliance with the provisions of these standards shall not excuse failure to comply with provisions of applicable Federal or State laws. (b) These standards are applicable to raw, roasted, salted or salted/roasted pistachio kernels. [55 FR 28747, July 13, 1990, as amended at 68 FR 50685, Aug. 22, 2003] § 51.2556 Grades. (a) “U.S. Fancy,” “U.S. Extra No. 1,” and “U.S. No. 1” consist of pistachio kernels which meet the following requirements: (1) Well dried, or very well dried when specified in connection with the grade. (2) Free from: (i) Foreign material, including in-shell nuts, shells, or shell fragments. (3) Free from damage by: (i) Immature kernels; (ii) Kernel spotting; and (iii) Other defects. (4) Free from serious damage by: (i) Mold; (ii) Minor insect or vertebrate injury; (iii) Insect damage; (iv) Rancidity; (v) Decay; and, (vi) Other defects. (5) Unless otherwise specified, kernels shall meet the size classification of Jumbo Whole Kernels (See § 51.2559). (b) [Reserved] [68 FR 50685, Aug. 22, 2003] § 51.2557 Tolerances. (a) In order to allow for variations incident to proper grading and handling, the tolerances, by weight, in Table I are provided. Table 1—Tolerances Factor U.S. fancy U.S. extra No. 1 U.S. No. 1 (a) Damage 2.0 2.5 3.0 (b) Serious Damage (Minor Insect or Vertebrate Injury, Mold, Rancid, Decay) 1.5 2.0 2.5 (1) Insect Damage, included in (b) .3 .4 .5 (c) Foreign Material .03 .05 .1 [55 FR 28747, July 13, 1990; 55 FR 29938, July 23, 1990, as amended at 68 FR 50685, Aug. 22, 2003; 69 FR 76835, Dec. 23, 2004] § 51.2558 Application of tolerances. The tolerances for the grades apply to the entire lot and shall be based on a composite sample representative of the lot. Any container or group of containers which have kernels obviously different in quality or size from those in the majority of containers shall be considered a separate lot and shall be sampled separately. § 51.2559 Size classifications. (a) The size of pistachio kernels may be specified in connection with the grade in accordance with one of the following size classifications. (1) Jumbo Whole Kernels: 80 percent or more by weight shall be whole kernels and not more than 5 percent of the total sample shall pass through a 24/64 16/64 (2) Large Whole Kernels: 80 percent or more, by weight, shall be whole kernels and not more than 2 percent of the total sample shall pass through a 16/64 (3) Large Split Kernels: 75 percent or more, by weight, shall be half kernels split lengthwise and not more than 5 percent of the total sample shall pass through a 16/64 (4) Whole and Broken Kernels: means a mixture of any combination of whole kernels or pieces. The percentage of whole kernels and/or pieces may be specified. Not more than 5 percent of the total sample shall pass through a 5/64 (b) [Reserved] [68 FR 50685, Aug. 22, 2003] § 51.2560 Definitions. (a) Well dried (b) Very well dried (c) Foreign material (d) Whole kernel 3/4 (e) Splits 3/4 (f) Damage (1) Immature kernels (2) Kernel spotting (g) Serious damage (1) Mold (2) Minor insect or vertebrate injury (3) Insect damage (4) Rancidity (5) Decay [68 FR 50685, Aug. 22, 2003] § 51.2561 Average moisture content. (a) Determining average moisture content of the lot is not a requirement of the grades, except when kernels are specified as “very well dried.” It may be carried out upon request in connection with grade analysis or as a separate determination. (b) Kernels shall be obtained from a randomly drawn composite sample. Official certification shall be based on the air-oven method or other officially approved methods or devices. Results obtained by methods or devices not officially approved may be reported and shall include a description of the method or device and owner of any equipment used. § 51.2562 Metric Conversion Table. Use the following table for metric conversion: Inches Millimeters 5 64 1.98 16 64 6.35 24 64 9.53 Ounces Grams 1 28.35 2 56.7 [68 FR 50686, Aug. 22, 2003] Subpart BB—United States Standards for Grades for Sweet Cherries Source: 36 FR 8502, May 7, 1971, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Grades § 51.2646 U.S. No. 1. “U.S. No. 1” consists of sweet cherries which meet the following requirements: (a) Similar varietal characteristics; (b) Mature; (c) Fairly well colored; (d) Well formed; and (e) Clean. (f) Free from: (1) Decay; (2) Insect larvae or holes caused by them; (3) Soft, overripe or shriveled; (4) Undeveloped doubles; and, (5) Sunscald. (g) Free from damage by any other cause. (See § 51.2655.) (h) Size. (i) For tolerances see § 51.2648. § 51.2647 U.S. Commercial. “U.S. Commercial” consists of sweet cherries which meet the requirements for the U.S. No. 1 grade except for minimum diameter and except for increased tolerances. (a) Size. (b) For tolerances see § 51.2648. Tolerances § 51.2648 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) For defects at shipping point 2 U.S. No. 1. Provided, 2 (2) U.S. Commercial. Provided, (b) For defects en route or at destination U.S. No. 1. Provided, (i) 8 percent for cherries which fail to meet the requirements for this grade because of permanent defects; or, (ii) 6 percent for cherries which are seriously damaged, including therein not more than 4 percent for cherries which are seriously damaged by permanent defects and not more than 2 percent for cherries which are affected by decay. (2) U.S. Commercial. Provided, (i) 16 percent for cherries which fail to meet the requirements for this grade because of permanent defects; or, (ii) 6 percent for cherries which are seriously damaged, including therein not more than 4 percent for cherries which are seriously damaged by permanent defects and not more than 2 percent for cherries which are affected by decay. (c) For off-size. Application of Tolerances § 51.2649 Application of tolerances. Individual samples shall have not more than double the tolerances specified, except that at least two defective and two off-size specimens may be permitted in any sample: Provided, Definitions § 51.2650 Similar varietal characteristics. Similar varietal characteristics § 51.2651 Mature. Mature § 51.2652 Fairly well colored. Fairly well colored § 51.2653 Well formed. Well formed § 51.2654 Clean. Clean § 51.2655 Damage. Damage (a) Cracks within the stem cavity when deep or not well healed, or when the appearance is affected to a greater extent than that of a cherry which has a superficial well healed crack one-sixteenth inch in width extending one-half the greatest circumference of the stem cavity; (b) Cracks outside of the stem cavity when deep or not well healed, or when the crack has weakened the cherry to the extent that it is likely to split or break in the process of proper grading, packing, and handling, or when materially affecting the appearance; (c) Hail injury when deep or not well healed, or when the aggregate area exceeds the area of a circle three-sixteenths inch in diameter; (d) Insects when scale or more than one scale mark is present, or when the appearance is materially affected by any insect; (e) Limbrubs when affecting the appearance of the cherry to a greater extent than the amount of scarring permitted; (f) Pulled stems when the skin or flesh is torn, or when the cherry is leaking; (g) Russeting when affecting the appearance of the cherry to a greater extent than the amount of scarring permitted; (h) Scars when excessively deep or rough or dark colored and the aggregate area exceeds the area of a circle three-sixteenths inch in diameter, or when smooth or fairly smooth, light colored and superficial and the aggregate area exceeds the area of a circle one-fourth inch in diameter; (i) Skin breaks when not well healed or when the appearance of the cherry is materially affected; and, (j) Sutures when excessively deep or when affecting the shape of the cherry to the extent that it is not well formed. § 51.2656 Diameter. Diameter § 51.2657 Serious damage. Serious damage (a) Decay; (b) Insect larvae or holes caused by them; (c) Skin breaks which are not well healed; (d) Cracks which are not well healed; and, (e) Pulled stems with skin or flesh of cherry torn or which causes the cherry to leak. [36 FR 8502, May 5, 1971; 36 FR 9061, May 19, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981] § 51.2658 Permanent defects. Permanent defects § 51.2659 Condition defects. Condition defects Metric Conversion Table § 51.2660 Metric conversion table. Inches Millimeters (mm) 8 64 3.2 16 64 6.4 24 64 9.5 32 64 12.7 40 64 15.9 48 64 19.1 51 64 20.2 52 64 20.6 54 64 21.4 56 64 22.2 1 equals 25.4 1 8 64 28.6 1 16 64 31.8 1 24 64 34.9 Subpart CC—United States Standards for Shelled Runner Type Peanuts Source: 21 FR 4850, June 30, 1956, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Grades § 51.2710 U.S. No. 1 Runner. “U.S. No. 1 Runner” consists of shelled Runner type peanut kernels of similar varietal characteristics which are whole and free from foreign material, damage and minor defects, and which will not pass through a screen having 16/64 3/4 (a) In order to allow for variations incident to proper grading and handling, the following tolerances, by weight, shall be permitted: (1) 1 percent for other varieties of peanuts; (2) 3 percent for sound peanuts which are split or broken; (3) 1.5 percent for damaged or unshelled peanuts; (4) 0.5 percent for minor defects: Provided, (5) 0.1 percent for foreign material; and, (6) 3 percent for sound whole peanuts which will pass through the prescribed screen. [21 FR 4850, June 30, 1956, as amended at 21 FR 5669, July 28, 1956. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981] § 51.2711 U.S. Runner Splits. “U.S. Runner Splits” consists of shelled Runner type peanut kernels of similar varietal characteristics which are split or broken, but which are free from foreign material, damage and minor defects, and which will not pass through a screen having 17/64 (a) In order to allow for variations incident to proper grading and handling, the following tolerances, by weight, shall be permitted: (1) 2 percent for other varieties of peanuts; (2) 2 percent for damaged or unshelled peanuts and minor defects; (3) 0.2 percent for foreign material; (4) 2 percent for sound portions of peanuts which will pass through the prescribed screen; and, (5) 4 percent for sound whole peanuts. § 51.2712 U.S. No. 2 Runner. “U.S. No. 2 Runner” consists of shelled Runner type peanut kernels of similar varietal characteristics which may be split or broken, but which are free from foreign material, damage and minor defects, and which will not pass through a screen having 17/64 (a) In order to allow for variations incident to proper grading and handling, the following tolerances, by weight, shall be permitted: (1) 2 percent for other varieties of peanuts; (2) 2.5 percent for damaged or unshelled peanuts and minor defects; (3) 0.2 percent for foreign material; and, (4) 6 percent for sound peanuts and portions of peanuts which will pass through the prescribed screen. Application of Tolerances § 51.2713 Application of tolerances. The tolerances provided in these standards are on a lot basis and shall be applied to a composite sample representative of the lot. However, any container or group of containers in which the peanuts are obviously of a quality materially different from that in the majority of containers shall be considered a separate lot, and shall be sampled separately. Definitions § 51.2714 Similar varietal characteristics. Similar varietal characteristics § 51.2715 Whole. Whole § 51.2716 Split. Split § 51.2717 Broken. Broken § 51.2718 Foreign material. Foreign material § 51.2719 Unshelled. Unshelled § 51.2720 Minor defects. Minor defects (a) Skin discoloration which is dark brown, dark gray, dark blue or black and covers more than one-fourth of the surface; (b) Flesh discoloration which is darker than a light yellow color or consists of more than a slight yellow pitting of the flesh; (c) Sprout extending more than one-eighth of an inch from the tip of the kernel; and, (d) Dirt when the surface of the kernel is distinctly dirty, and its appearance is materially affected. § 51.2721 Damage. Damage (a) Rancidity or decay; (b) Mold; (c) Insects, worm cuts, web or frass; (d) Freezing injury causing hard, translucent or discolored flesh; and (e) Dirt when the surface of the kernel is heavily smeared, thickly flecked or coated with dirt, seriously affecting its appearance. Subpart DD—United States Standards for Grades of Shelled Spanish Type Peanuts Source: 30 FR 7595, June 11, 1965, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Grades § 51.2730 U.S. No. 1 Spanish. “U.S. No. 1 Spanish” consists of shelled Spanish type peanut kernels which are whole and free from foreign material, damage and minor defects, and which will not pass through a screen having 15/64 3/4 (a) In order to allow for variations incident to proper grading and handling, the following tolerances, by weight, shall be permitted: (1) 1 percent for other types of peanuts; (2) 3 percent for sound peanuts which are split or broken; (3) 1.5 percent for damaged or unshelled peanuts; (4) 0.5 percent for minor defects: Provided, (5) 0.1 percent for foreign material; and, (6) 2 percent for sound whole peanuts which will pass through the prescribed screen. § 51.2731 U.S. Spanish Splits. “U.S. Spanish Splits” consists of shelled Spanish type peanut kernels which are split or broken, but which are free from foreign material, damage and minor defects, and which will not pass through a screen having 16/64 (a) In order to allow for variations incident to proper grading and handling, the following tolerances, by weight, shall be permitted: (1) 2 percent for other types of peanuts; (2) 2 percent for damaged or unshelled peanuts and minor defects; (3) 0.2 percent for foreign material; (4) 2 percent for sound portions of peanuts which will pass through the prescribed screen; and, (5) 4 percent for sound whole kernels. § 51.2732 U.S. No. 2 Spanish. “U.S. No. 2 Spanish” consists of shelled Spanish type peanut kernels which may be split or broken, but which are free from foreign material, damage, and minor defects, and which will not pass through a screen having 16/64 (a) In order to allow for variations incident to proper grading and handling, the following tolerances, by weight, shall be permitted: (1) 2 percent for other types of peanuts; (2) 2.5 percent for damaged or unshelled peanuts and minor defects; (3) 0.2 percent for foreign material; and, (4) 6 percent for sound peanuts and portions of peanuts which will pass through the prescribed screen. Application of Tolerances § 51.2733 Application of tolerances. The tolerances provided in these standards are on a lot basis and shall be applied to a composite sample representative of the lot. However, any container or group of containers in which the peanuts are obviously of a quality materially different from that in the majority of containers shall be considered a separate lot, and shall be sampled and graded separately. Definitions § 51.2734 Spanish type. Spanish type § 51.2735 Whole. Whole § 51.2736 Split. Split § 51.2737 Broken. Broken § 51.2738 Foreign material. Foreign material § 51.2739 Damage. Damage (a) Rancidity or decay; (b) Mold; (c) Insects, worm cuts, web or frass; (d) Freezing injury causing hard, translucent, or discolored flesh; and, (e) Dirt when the surface of the kernel is heavily smeared, thickly flecked or coated with dirt, seriously affecting its appearance. § 51.2740 Minor defects. Minor defects (a) Skin discoloration which is dark brown, dark gray, dark blue or black and covers more than one-fourth of the surface; (b) Flesh discoloration which is darker than a light yellow color or consists of more than a slight yellow pitting of the flesh; (c) Sprout extending more than one-eighth of an inch from the tip of the kernel; and, (d) Dirt when the surface of the kernel is distinctly dirty, and its appearance is materially affected. § 51.2741 Unshelled. Unshelled Subpart EE—United States Standards for Shelled Virginia Type Peanuts Source: 24 FR 6182, Aug. 1, 1959; 24 FR 6671, Aug. 18, 1959, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Grades § 51.2750 U.S. Extra Large Virginia. “U.S. Extra Large Virginia” consists of shelled Virginia type peanut kernels of similar varietal characteristics which are whole and free from foreign material, damage and minor defects, and which will not pass through a screen having 20/64 (a) In order to allow for variations incident to proper grading and handling, the following tolerances, by weight, shall be permitted: (1) 0.75 percent for other varieties of peanuts; (2) 3 percent for sound peanuts which are split or broken; (3) 1 percent for damaged or unshelled peanuts; (4) 0.75 percent for minor defects: Provided, (5) 0.1 percent for foreign material; and, (6) 3 percent for sound, whole peanuts which will pass through the prescribed screen. § 51.2751 U.S. Medium Virginia. “U.S. Medium Virginia” consists of shelled Virginia type peanut kernels of similar varietal characteristics which are whole and free from foreign material, damage and minor defects, and which will not pass through a screen having 18/64 (a) In order to allow for variations incident to proper grading and handling, the following tolerances, by weight, shall be permitted: (1) 1 percent for other varieties of peanuts; (2) 3 percent for sound peanuts which are split or broken; (3) 1.25 percent for damaged or unshelled peanuts; (4) 0.75 percent for minor defects: Provided, (5) 0.1 percent for foreign material; and, (6) 3 percent for sound, whole peanuts which will pass through the prescribed screen. § 51.2752 U.S. No. 1 Virginia. “U.S. No. 1 Virginia” consists of shelled Virginia type peanut kernels of similar varietal characteristics which are whole and free from foreign material, damage and minor defects, and which will not pass through a screen having 15/64 (a) In order to allow for variations incident to proper grading and handling, the following tolerances by weight, shall be permitted: (1) 1 percent for other varieties of peanuts; (2) 3 percent for sound peanuts which are split or broken; (3) 1.25 percent for damaged or unshelled peanuts; (4) 0.75 percent for minor defects: Provided, (5) 0.1 percent for foreign material; and, (6) 3 percent for sound, whole peanuts which will pass through the prescribed screen. [24 FR 6671, Aug. 18, 1959. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981] § 51.2753 U.S. Virginia Splits. “U.S. Virginia Splits” consists of shelled Virginia type peanut kernels of similar varietal characteristics which are free from foreign material, damage and minor defects, and which will not pass through a screen having 20/64 (a) In order to allow for variations incident to proper grading and handling, the following tolerances, by weight, shall be permitted: (1) 2 percent for other varieties of peanuts; (2) 2 percent for damaged or unshelled peanuts and minor defects; (3) 0.2 percent for foreign materials; and, (4) 3 percent for sound peanuts and portions of peanuts which will pass through the prescribed screen. [24 FR 6671, Aug. 18, 1959. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981] § 51.2754 U.S. No. 2 Virginia. “U.S. No. 2 Virginia” consists of shelled Virginia type peanut kernels of similar varietal characteristics which may be split or broken, but which are free from foreign material, damage and minor defects, and which will not pass through a screen having 17/64 (a) In order to allow for variations incident to proper grading and handling, the following tolerances, by weight, shall be permitted: (1) 2 percent for other varieties of peanuts; (2) 2.5 percent for damaged or unshelled peanuts and minor defects; (3) 0.2 percent for foreign material; and, (4) 6 percent for sound peanuts and portions of peanuts which will pass through the prescribed screen. Application of Tolerances § 51.2755 Application of tolerances. The tolerances provided in these standards are on a lot basis and shall be applied to a composite sample representative of the lot. However, any container or group of containers in which the peanuts are obviously of a quality materially different from that in the majority of containers shall be considered a separate lot, and shall be sampled separately. Definitions § 51.2756 Similar varietal characteristics. Similar varietal characteristics § 51.2757 Whole. Whole § 51.2758 Split. Split § 51.2759 Broken. Broken § 51.2760 Foreign material. Foreign material § 51.2761 Unshelled. Unshelled § 51.2762 Minor defects. Minor defects (a) Skin discoloration which is dark brown, dark gray, dark blue or black and covers more than one-fourth of the surface; (b) Flesh discoloration which is darker than a light yellow color or consists of more than a slight yellow pitting of the flesh; (c) Sprout extending more than one-eighth of an inch from the tip of the kernel; and, (d) Dirt when the surface of the kernel is distinctly dirty, and its appearance is materially affected. § 51.2763 Damage. Damage (a) Rancidity or decay; (b) Mold; (c) Insects, worm cuts, web or frass; (d) Freezing injury causing hard, translucent or discolored flesh; and, (e) Dirt when the surface of the kernel is heavily smeared, thickly flecked or coated with dirt, seriously affecting its appearance. Subpart FF—United States Standards for Grades of Onions (Other Than Bermuda-Granex-Grano and Creole Types) Source: 60 FR 46977, Sept. 8, 1995, unless otherwise noted. Grades § 51.2830 U.S. No. 1. U.S. No. 1 (a) Basic requirements: (1) Similar varietal characteristics, except color when designated as a specialty or mixed pack; (2) Mature; (3) Fairly firm; and, (4) Fairly well shaped. (b) Free from: (1) Decay; (2) Wet sunscald; (3) Doubles; (4) Bottlenecks; and, (5) Scallions. (c) Free from damage caused by: (1) Seedstems; (2) Splits; (3) Tops; (4) Roots; (5) Dry sunken areas; (6) Sunburn; (7) Sprouts; (8) Freezing; (9) Peeling; (10) Cracked fleshy scales; (11) Watery scales; (12) Dirt or staining; (13) Foreign matter; (14) Mechanical; (15) Translucent scales; (16) Disease; (17) Insects; and, (18) Other means. (d) For tolerances see § 51.2837. (e) Size. Unless otherwise specified the diameter shall be not less than 1 1/2 (f) When a percentage of the onions is specified to be of any certain size or larger, no part of any tolerance shall be allowed to reduce the specified percentage, but individual packages in a lot may have as much as 25 percentage points less than the percentage specified, except that individual packages containing 10 pounds or less shall have no requirements as to percentage of a certain size or larger: Provided, 1 1 1/2 1/4 [60 FR 46977, Sept. 8, 1995, as amended at 79 FR 63294, Oct. 23, 2014] § 51.2831 U.S. Export No. 1. U.S. Export No. 1 (a) Basic requirements: (1) Similar varietal characteristics, except color when designated as a specialty or mixed pack; (2) Mature; (3) Dormant; (4) Fairly firm; and, (5) Fairly well shaped. (b) Free from: (1) Decay; (2) Wet sunscald; (3) Doubles; (4) Bottlenecks; and, (5) Scallions. (c) Free from damage caused by: (1) Seedstems; (2) Splits; (3) Tops; (4) Roots; (5) Dry sunken areas; (6) Sunburn; (7) Sprouts; (8) Freezing; (9) Peeling; (10) Cracked fleshy scales; (11) Watery scales; (12) Dirt or staining; (13) Foreign matter; (14) Mechanical; (15) Translucent scales; (16) Disease; (17) Insects; and, (18) Other means. (d) Unless otherwise specified onions are packed in accordance with Export Packing Requirements set forth in § 51.2840. (See § 51.2837.) [60 FR 46977, Sept. 8, 1995, as amended at 79 FR 63294, Oct. 23, 2014] § 51.2832 U.S. Commercial. U.S. Commercial (a) Basic requirements: (1) Similar varietal characteristics, except color when designated as a specialty or mixed pack; (2) Mature; (3) Not soft or spongy; and, (4) Not badly misshapen. (b) Free from: (1) Decay; (2) Wet sunscald; (3) Doubles; (4) Bottlenecks; and, (5) Scallions. (c) Free from damage caused by: (1) Seedstems; (2) Tops; (3) Roots; (4) Dry sunken areas; (5) Sunburn; (6) Sprouts; (7) Freezing; (8) Cracked fleshy scales; (9) Watery scales; (10) Mechanical; (11) Translucent scales; (12) Disease; (13) Insects; and, (14) Other means. (d) Free from serious damage caused by: (1) Staining; (2) Dirt; and, (3) Other foreign matter. (e) For tolerances see § 51.2837. (f) Size. Unless otherwise specified, the diameter shall be not less than 1 1/2 [60 FR 46977, Sept. 8, 1995, as amended at 79 FR 63294, Oct. 23, 2014] § 51.2833 U.S. No. 1 Boilers. U.S. No. 1 Boilers 7/8 § 51.2834 U.S. No. 1 Picklers. U.S. No. 1 Picklers § 51.2835 U.S. No. 2. U.S. No. 2 (a) Basic requirements: (1) One type, except when designated as a specialty or mixed pack; (2) Mature; and, (3) Not soft or spongy. (b) Free from: (1) Decay; (2) Wet sunscald; and, (3) Scallions. (c) Free from serious damage caused by: (1) Watery scales; (2) Dirt or Staining; (3) Foreign Matter; (4) Seedstems; (5) Sprouts; (6) Mechanical; (7) Dry sunken areas; (8) Disease; (9) Freezing; (10) Insects; and, (11) Other means. (d) For tolerances see § 51.2837. (e) Size. Unless otherwise specified, the diameter shall not be less than 1 1/2 [60 FR 46977, Sept. 8, 1995, as amended at 79 FR 63294, Oct. 23, 2014] Size Classifications § 51.2836 Size classifications. The size of onions may be specified in accordance with one of the following classifications. Size designation Minimum diameter Maximum diameter Inches Millimeters Inches Millimeters Small 1 25.4 2 1 4 57.2 Repacker/Prepacker 1 1 3 4 44.5 3 76.2 Medium 2 50.8 3 1 4 82.6 Large or Jumbo 3 76.2 ( 2 Colossal 3 3 4 95.3 ( 2 1 2 Tolerances § 51.2837 Tolerances. 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) For defects: (1) U.S. No. 1, U.S. Export No. 1, U.S. No. 1 Boilers and U.S. No. 1 Picklers grades. (ii) Not more than 5 percent of the onions in a lot may be below the remaining requirements of these grades, but not more than two-fifths of this tolerance, or 2 percent, may be allowed for onions which are affected by decay or wet sunscald (see § 51.2839.) (2) U.S. Commercial and U.S. No. 2 grades. (ii) [Reserved] (b) For off-size: (1) U.S. No. 1, U.S. No. 1 Boilers, U.S. Commercial, and U.S. No. 2 grades. (2) U.S. No. 1 Pickler grade. Samples for Grade and Size Determination § 51.2838 Samples for grade and size determination. Individual samples shall consist of at least 20 pounds for onions packed to meet larger than 2 1/4 1/4 Application of Tolerances § 51.2839 Application of tolerances. Individual samples are subject to the following limitations: (a) Samples which contain more than 20 pounds shall have not more than one and one half times a specified tolerance of 10 percent or more, and not more than double a specified tolerance of less than 10 percent, except that at least one defective and one off-size onion may be permitted in any sample: Provided, And provided further, (b) Samples which contain 20 pounds or less shall have not more than double the tolerance specified, except that at least one defective and one off-size onion may be permitted in any sample: Provided, Export Packing Requirements § 51.2840 Export packing requirements. Onions specified as meeting Export Packing Requirements shall be packed in containers having a net capacity of 25 kilograms (approximately 56 pounds). Definitions § 51.2841 Mature. Mature § 51.2842 Dormant. Dormant § 51.2843 Fairly firm. Fairly firm § 51.2844 Fairly well shaped. Fairly well shaped § 51.2845 Wet sunscald. Wet sunscald § 51.2846 Doubles. Doubles § 51.2847 Bottlenecks. Bottlenecks § 51.2848 Scallions. Scallions § 51.2849 Damage. Damage (a) Seedstems which are tough or woody, or which are more than 1/4 (b) Splits when onions with two or more hearts are not practically covered by one or more outer scales; (c) Tops when more than 30 percent of the onions in a lot have tops 3 inches or more in length; (d) New roots when most roots on an individual onion have grown to a length of 1 inch or more in length; (e) Dry roots when more than 20 percent of the onions in a lot have practically all roots 2 inches or more in length; (f) Dry sunken areas when the affected areas exceed the equivalent to that of a circle 1/2 3/4 3/4 3/4 (g) Sunburn when more than 33 percent of the onions in a lot have a medium green color on one-third of the surface; (h) Sprouts when visible, or when concealed within the dry top and more than 3/4 (i) Peeling when more than one-half of the thin papery skin is missing, leaving the underlying fleshy scale unprotected; (j) Cracked fleshy scales when one or more of the fleshy scales are cracked; (k) Watery scales when more than the equivalent of the entire outer fleshy scale is affected by an off-color, watersoaked condition. The off-color must be of some shade of brown or yellow; (l) Dirt, staining or other foreign matter when more than 20 percent of the onions in a yellow, brown or red lot, or more than 15 percent of the onions in a white lot are appreciably stained. Onions with adhering dirt or other foreign matter shall be judged on the same basis as stained onions; (m) Mechanical when any cut extends deeper than one fleshy scale, or when any bruise breaks a fleshy scale; and, (n) Translucent scales when more than the equivalent of two entire outer fleshy scales have a watersoaked condition. § 51.2850 Diameter. Diameter § 51.2851 Badly misshapen. Badly misshapen § 51.2852 Serious damage. Serious damage (a) Watery scales when more than the equivalent of two entire outer fleshy scales are affected by an off-colored, watersoaked condition. The off-color must be of some shade of brown or yellow; (b) Dirt, staining or other foreign matter when more than 25 percent of the onions in a lot are badly stained. Onions with adhering dirt or other foreign matter shall be judged on the same basis as stained onions; (c) Seedstems when more than 1/2 (d) Sprouts when the visible length is more than 1/2 (e) Mechanical when any cut extends deeper than two fleshy scales, or when cuts seriously damage the appearance of the onion; and, (f) Dry sunken areas when extending deeper than one fleshy scale, or when affecting an area equivalent to that of a circle 1 inch in diameter on an onion 2 3/4 § 51.2853 One type. One type Metric Conversion Table § 51.2854 Metric conversion table. Inches Millimeters (mm) 1 8 3.2 1 4 6.4 3 8 9.5 1 2 12.7 5 8 15.9 3 4 19.1 7 8 22.2 1 25.4 1 1 4 31.8 1 1 2 38.1 1 3 4 44.5 2 50.8 2 1 2 63.5 2 3 4 69.9 3 76.2 3 1 2 88.9 4 101.6 Subpart GG—United States Standards for Grades of Walnuts in the Shell Source: 29 FR 12865, Sept. 12, 1964, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. General § 51.2945 Application. The standards contained in this subpart apply only to walnuts commonly known as English or Persian walnuts (Juglans regia). They do not apply to the walnuts commonly known as black walnuts (Juglans nigra). § 51.2946 [Reserved] § 51.2947 Method of inspection. In determining the grade of a lot of walnuts, all of the nuts in the sample first should be graded for size and then examined for external defects. The same nuts then should be cracked and examined for internal defects. The nuts must meet the requirements for both external and internal quality in order to meet a designated grade. Grades § 51.2948 U.S. No. 1. “U.S. No. 1” consists of walnuts in shells which are dry, practically clean, bright and free from splits, injury by discoloration, and free from damage caused by broken shells, perforated shells, adhering hulls or other means. The kernels are well dried, free from decay, dark discoloration, rancidity, and free from damage caused by mold, shriveling, insects or other means. (See § 51.2954.) (a) Kernel 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. When kernel color is based on the color classifications from the USDA Walnut Color Chart, at least 70 percent, by count, of the walnuts have kernels which are not darker than “light amber,” and which are free from grade defects: Provided, (b) Size shall be specified in connection with the grade. (See § 51.2952.) [29 FR 12865, Sept. 12, 1964. 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] § 51.2949 U.S. No. 2. “U.S. No. 2” consists of walnuts in shells which are dry, practically clean and free from splits, and free from damage caused by broken shells, perforated shells, adhering hulls, discoloration or other means. The kernels are well dried, free from decay, dark discoloration, rancidity, and free from damage caused by mold, shriveling, insects or other means. (See § 51.2954.) (a) Kernel 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. When kernel color is based on the color classifications from the USDA Walnut Color Chart, at least 60 percent, by count, of the walnuts have kernels which are not darker than “light amber,” and which are free from grade defects. Higher percentages of nuts with kernels not darker than “light amber” which are free from grade defects, and/or percentages with kernels not darker than “light” which are free from grade defects, may be specified in accordance with the facts. (See § 51.2954.) (b) Size shall be specified in connection with the grade. (See § 51.2952.) [29 FR 12865, Sept. 12, 1964. 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] § 51.2950 U.S. No. 3. “U.S. No. 3” consists of walnuts in shells which are dry, fairly clean, free from splits, and free from damage caused by broken shells, and free from serious damage caused by discoloration, perforated shells, adhering hulls or other means. The kernels are well dried, free from decay, dark discoloration, rancidity, and free from damage caused by mold, shriveling, insects or other means. (See § 51.2954.) (a) Kernel color may be specified in connection with this grade in terms of “light amber” or “light” 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. When kernel color is based on the color classifications from the USDA Walnut Color Chart, there is no requirement in this grade for the percentage of walnuts having kernels which are “light amber” or “light.” However, the percentage, by count, of nuts with kernels not darker than “light amber” which are free from grade defects and/or the percentage with kernels not darker than “light” which are free from grade defects, may be specified in accordance with the facts. (See § 51.2954.) (b) Size shall be specified in connection with the grade. (See § 51.2952.) [29 FR 12865, Sept. 12, 1964. 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] Unclassified § 51.2951 [Reserved] Size Specifications § 51.2952 Size specifications. Size shall be specified in accordance with the facts in terms of one of the following classifications: (a) Mammoth size. 96/64 (b) Jumbo size. 80/64 (c) Large size. 77/64 76/64 (d) Medium size. 77/64 73/64 (e) Standard size. 73/64 (f) Baby size. 74/64 60/64 (g) Minimum diameter, or minimum and maximum diameter. Provided, Variety or Type Specifications § 51.2953 Variety or type specifications. The variety or type of any lot, of walnuts in the shell may be specified in accordance with the facts as follows: (a) If the lot is of one named variety, that variety name may be specified, Provided, (b) If the lot is a mixture of two or more distinct varieties or types it may be specified as “Mixed Varieties”. Tolerances for Grade Defects § 51.2954 Tolerances for grade defects. In order to allow for variations incident to proper grading and handling, the following tolerances shall be permitted for nuts which fail to meet the requirements of the respective grades as indicated. Terms in quotation marks refer to color classifications illustrated on the color chart. Tolerances for Grade Defects Grade External (shell) defects Internal (kernel) defects Kernel color based on USDA Walnut Color Chart Kernel color based on red U.S. No. 1 10%, by count, for splits. 5%, by count, for other shell defects, including not more than 3% seriously damaged 10% total, by count, including not more than 6% which are damaged by mold or insects or seriously damaged by other means, of which not more than 5 6 No tolerance to reduce the required 70% of “light amber” kernels or the required 40% of “light” kernels or any larger percentage of “light amber” or “light” kernels specified U.S. No. 2 10%, by count, for splits. 10%, by count, for other shell defects, including not more than 5% serious damage by adhering hulls 15% total, by count, including not more than 8% which are damaged by mold or insects or seriously damaged by other means, of which not more than 5/8 or 5% may be damaged by insects, but no part of any tolerance shall be allowed for walnuts containing live insects No tolerance to reduce the required 60% or any specified larger percentage of “light amber” kernels, or any specified percentage of “light” kernels U.S. No. 3 Same as above tolerance for U.S. No. 2 Same as above tolerance for U.S. No. 2 No tolerance to reduce any percentage of “light amber” or “light” kernel specified [41 FR 44187, Oct. 7, 1976. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 82 FR 39658, Aug. 22, 2017] Application of Tolerances § 51.2955 Application of tolerances. The tolerances provided in these standards are on a lot basis, and they shall be applied to a composite sample representative of the lot. However, any identifiable container or group of containers in which the walnuts are obviously of a quality materially different from that in the majority of the containers shall be considered as a separate lot, and shall be sampled separately. Definitions § 51.2956 Practically clean. Practically clean § 51.2957 Bright. Bright § 51.2958 Splits. Splits § 51.2959 Injury by discoloration. Injury by discoloration § 51.2960 Damage. Damage (a) Broken shells when the area from which a portion of the shell is missing is greater than the area of a circle one-fourth inch in diameter; or when the two halves of the shell have become completely broken apart and separated from each other; (b) Perforated shells when the area affected aggregates more than that of a circle one-fourth inch in diameter. The term “perforated shells” means imperfectly developed areas on the shell resembling abrasions and usually including small holes penetrating the shell wall; (c) Adhering hulls when affecting more than 5 percent of the shell surface; (d) Discoloration (or stain) which covers, in the aggregate, one-fifth or more of the surface of the shell of an individual nut, and which is brown, reddish brown, gray, or other color in pronounced contrast with the color of the rest of the shell or the majority of shells in the lot, or darker discoloration covering a smaller area if the appearance is equally objectionable; (e) Mold when attached to the kernel and conspicuous; or when inconspicuous white or gray mold affects an aggregate area larger than one square centimeter or one-eighth of the entire surface of the kernel, whichever is the lesser area; (f) Shriveling when more than 5 percent of the surface of the kernel, including both halves, is severely shriveled, or a greater area is affected by lesser degrees of shriveling producing an equally objectionable appearance. Kernels which are thin in cross section but which are otherwise normally developed shall not be considered as damaged; and, (g) Insects when an insect or insect fragment, web or frass is present inside the shell, or the kernel shows distinct evidence of insect feeding. § 51.2961 Well dried. Well dried § 51.2962 Decay. Decay § 51.2963 Dark discoloration. Dark discoloration § 51.2964 Rancidity. Rancidity § 51.2965 Fairly clean. Fairly clean § 51.2966 Serious damage. Serious damage (a) Discoloration (or stain) which covers, in the aggregate, one-third or more of the surface of the shell of an individual nut and which is brown, reddish brown, gray, or other color in pronounced contrast with the color of the rest of the shell or the majority of shells in the lot, or darker discoloration covering a smaller area if the appearance is equally objectionable; (b) Perforated shells when the area affected aggregates more than that of a circle three-eighths of an inch in diameter. The term “perforated shells” means imperfectly developed areas on the shell resembling abrasions and usually including small holes penetrating the shell wall; (c) Adhering hulls when affecting more than one-eighth of the shell surface in the aggregate; (d) Shriveling when both halves of the kernel are affected by severe shriveling over an area totaling more than one-eighth of the surface; or when both halves are affected over a greater area by lesser degrees of shriveling producing an equally objectionable appearance. When one of the halves of the kernel shows no shriveling, the kernel shall not be considered seriously damaged unless the other half shows shriveling to the extent that over 50 percent of its surface is severely shriveled, or a greater area is affected by lesser degrees of shriveling producing an equally objectionable appearance. Kernels which are thin in cross section, but which are otherwise normally developed shall not be considered as damaged; (e) Rancidity or decay; and, (f) Uncured kernels which are wet, rubbery and “green”. Subpart HH—United States Standards for Florida Avocados Source: 22 FR 6205, Aug. 3, 1957, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Grades § 51.3050 U.S. No. 1. “U.S. No. 1” consists of avocados of similar varietal characteristics which are mature but not overripe, well formed, clean, well colored, well trimmed and which are free from decay, anthracnose, and freezing injury and are free from damage caused by bruises, cuts or other skin breaks, pulled stems, russeting or similar discoloration, scars or scab, sunburn, sunscald or sprayburn, cercospora spot, other disease, insects, or mechanical or other means. (a) Tolerances. Provided, § 51.3051 U.S. Combination. “U.S. Combination” consists of a combination of U.S. No. 1 and U.S. No. 2 avocados: Provided, (a) Tolerances. Provided, § 51.3052 U.S. No. 2. “U.S. No. 2” consists of avocados of similar varietal characteristics which are mature but not overripe, fairly well formed, clean, fairly well colored, well trimmed and which are free from decay and freezing injury and are free from serious damage caused by anthracnose, bruises, cuts or other skin breaks, pulled stems, russeting or similar discoloration, scars or scab, sunburn, sunscald or sprayburn, cercospora spot, other disease, insects, or mechanical or other means. (a) Tolerances. Provided, § 51.3053 U.S. No. 3. “U.S. No. 3” consists of avocados of similar varietal characteristics which are mature but not overripe, which are not badly misshapen, and which are free from decay and are free from serious damage caused by anthracnose and are free from very serious damage caused by freezing injury, bruises, cuts or other skin breaks, pulled stems, russeting or similar discoloration, scars or scab, sunburn, sunscald or sprayburn, cercospora spot, other disease, insects, dirt or mechanical or other means. (a) Tolerances. Unclassified § 51.3054 Unclassified. “Unclassified” consists of avocados 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. Standard Pack § 51.3055 Standard pack. (a) The avocados shall be packed in accordance with good commercial practice and the pack shall be at least fairly tight. The weight of the smallest fruit in any container shall be not less than 75 percent of the weight of the largest fruit in the container. Size of the avocados may be specified by count. (b) In order to allow for variations incident to proper sizing and packing, not more than 5 percent, by count, of the avocados in any container may weigh less than 75 percent of the weight of the largest fruit: Provided, Application of Tolerances § 51.3056 Application of tolerances. (a) The contents of individual packages in the lot, based on sample inspection, are subject to the following limitations: Provided, (1) For packages which contain more than 20 avocados and a tolerance of 10 percent or more is provided, individual packages in any lot shall have not more than one and one-half times the tolerance specified. For packages which contain more than 20 avocados and a tolerance of less than 10 percent is provided, individual packages in any lot shall have not more than double the tolerance specified, except that at least one defective and one off-size specimen may be permitted in any package; and, (2) For packages which contain 20 avocados or less, individual packages shall have not more than double the tolerance specified, except that at least one defective and one off-size specimen may be permitted in any package. Definitions § 51.3057 Similar varietal characteristics. Similar varietal characteristics § 51.3058 Mature. Mature § 51.3059 Overripe. Overripe § 51.3060 Well formed. Well formed § 51.3061 Clean. Clean § 51.3062 Well colored. Well colored § 51.3063 Well trimmed. Well trimmed § 51.3064 Damage. Damage (a) Cuts or other skin breaks when not healed and penetrating beneath the epidermis or the aggregate area exceeds that of a rectangle 1 inch in length and one-eighth inch in width, or when healed and the appearance is materially affected; (b) Pulled stems when the exposed stem cavity is excessively deep, or when skin surrounding the stem cavity is more than slightly torn; (c) Russeting or similar discoloration when the appearance of the avocado is affected to a greater extent than that of an avocado which has light brown surface discoloration aggregating 10 percent of the fruit surface; (d) Scars or scab when the appearance of the avocado is affected to a greater extent than that of an avocado which has light brown superficial, fairly smooth scars aggregating 10 percent of the fruit surface; (e) Sunburn when the appearance of the avocado is affected to a greater extent than that of an avocado which has greenish-yellow colored sunburn aggregating 10 percent of the fruit surface; and, (f) Sunscald or sprayburn when not well healed, or when soft, or when the appearance of the avocado is affected to a greater extent than that of an avocado which has light brown, superficial scars aggregating 10 percent of the fruit surface. § 51.3065 Fairly well formed. Fairly well formed § 51.3066 Fairly well colored. Fairly well colored § 51.3067 Serious damage. Serious damage (a) Anthracnose when any spot exceeds the area of a circle one-fourth inch in diameter, or when more than 3 spots each of which exceeds the area of a circle three-sixteenths inch in diameter; (b) Cuts or other skin breaks when not healed and penetrating into the flesh of the fruit, or the aggregate area exceeds that of a rectangle 1 inch in length and one-fourth inch in width, or when healed and the appearance is seriously affected; (c) Pulled stems when the skin surrounding the exposed stem cavity is torn more than an aggregate area of a circle one-fourth inch in diameter, or when the flesh is torn; (d) Russeting or similar discoloration when the appearance of the avocado is affected to a greater extent than that of an avocado which has light brown surface discoloration aggregating 25 percent of the fruit surface; (e) Scars or scab when the appearance of the avocado is affected to a greater extent than that of an avocado which has light brown superficial fairly smooth scars aggregating 25 percent of the fruit surface; (f) Sunburn when the appearance of the avocado is affected to a greater extent than that of an avocado which has greenish-yellow colored sunburn aggregating 25 percent of the fruit surface; (g) Sunscald or sprayburn when not well healed, or when soft, or when the appearance of the avocado is affected to a greater extent than that of an avocado which has light brown superficial, fairly smooth scars aggregating 25 percent of the fruit surface; and (h) Cercospora spot when any spot exceeds the area of a circle one-fourth inch in diameter, or when more than 3 spots each of which exceeds the area of a circle three-sixteenths inch in diameter, or when the aggregate area of all spots exceeds the area of a circle 1 inch in diameter. § 51.3068 Badly misshapen. Badly misshapen § 51.3069 Very serious damage. Very serious damage (a) Cuts or other skin breaks when not healed and penetrating into the flesh of the fruit, or any skin break very seriously affecting the appearance, or the edible or shipping quality; (b) Pulled stems when the skin surrounding the exposed stem cavity is torn more than an aggregate area of a circle one-half inch in diameter, or when the flesh is torn; (c) Russeting or similar discoloration when the appearance of the avocado is affected to a greater extent than that of an avocado which has light brown surface discoloration aggregating 50 percent of the fruit surface; (d) Scars or scab when the appearance of the avocado is affected to a greater extent than that of an avocado which has light brown superficial, fairly smooth scars aggregating 50 percent of the fruit surface; (e) Sunburn when the appearance of the avocado is affected to a greater extent than that of an avocado which has greenish-yellow colored sunburn aggregating 50 percent of the fruit surface; and, (f) Sunscald or sprayburn when not well healed, or when the appearance of the avocado is affected to a greater extent than that of an avocado which has light brown superficial, fairly smooth scars aggregating 50 percent of the fruit surface. Subpart II—United States Standards for Grades of Bermuda-Granex-Grano Type Onions Source: 60 FR 46980, Sept. 8, 1995, unless otherwise noted. Grades § 51.3195 U.S. No. 1. U.S. No. 1 (a) Basic requirements: (1) Similar varietal characteristics, except color when designated as a specialty or mixed pack; (2) Mature; (3) Fairly firm; and, (4) Fairly well shaped. (b) Free from: (1) Decay; (2) Wet sunscald; (3) Doubles; and, (4) Bottlenecks. (c) Free from damage caused by: (1) Seedstems; (2) Splits; (3) Dry sunken areas; (4) Sunburn; (5) Sprouting; (6) Staining; (7) Dirt or foreign material; (8) Mechanical; (9) Tops; (10) Roots; (11) Translucent scales; (12) Watery scales; (13) Moisture; (14) Disease; (15) Insects; and, (16) Other means. (d) For size and tolerances see §§ 51.3198 and 51.3199. [60 FR 46980, Sept. 8, 1995, as amended at 79 FR 63294, Oct. 23, 2014] § 51.3196 U.S. Combination. U.S. Combination Provided, § 51.3197 U.S. No. 2. U.S. No. 2 (a) Basic requirements: (1) Similar varietal characteristics, except color when designated as a specialty or mixed pack; (2) Not soft or spongy. (b) Free from: (1) Decay; (2) Wet sunscald; and, (3) Bottlenecks. (c) Free from serious damage caused by: (1) Seedstems; (2) Dry sunken areas; (3) Sprouting; (4) Staining; (5) Dirt or other foreign material; (6) Mechanical; (7) Watery scales; (8) Insects; (9) Disease; and, (10) Other means. (d) For size and tolerances see §§ 51.3198 and 51.3199. [60 FR 46980, Sept. 8, 1995, as amended at 79 FR 63295, Oct. 23, 2014] Size Classifications § 51.3198 Size classifications. Size shall be specified in connection with the grade in terms of minimum diameter, range in diameter, minimum diameter with a percentage of a certain size or larger, or in accordance with one of the size classifications listed below: Provided, 1/2 Size designation Minimum diameter Maximum diameter Inches Millimeters Inches Millimeters Small 1 25.4 2 1 4 57.2 Repacker/Prepacker 1 1 3 4 44.5 3 76.2 Medium 2 50.8 3 1 4 82.6 Large or Jumbo 3 76.2 ( 2 Colossal 3 3 4 95.3 ( 2 1 2 Tolerances § 51.3199 Tolerances. 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) For defects: (1) U.S. No. 1 and U.S. No. 2 grades. (2) U.S. Combination grade. (b) For size: (1) Not more than 5 percent of the onions in a lot may be smaller than the minimum diameter specified. In addition, not more than 10 percent of the onions in a lot may be larger than the maximum diameter specified. (2) When a percentage of the onions is specified to be a certain size and larger, individual packages containing more than 10 pounds may have not less than one-half of the percentage specified: Provided, Samples for Grade and Size Determination § 51.3200 Samples for grade and size determination. Individual samples shall consist of at least 20 pounds for onions packed to meet larger than 2 1/4 1/4 Application of Tolerances § 51.3201 Application of tolerances. Individual samples are subject to the following limitations: (a) Samples which contain more than 20 pounds shall have not more than one and one half times a specified tolerance of 10 percent or more, and not more than double a specified tolerance of less than 10 percent, except that at least one defective and one off-size onion may be permitted in any sample: Provided, And provided further, (b) Samples which contain 20 pounds or less shall have not more than double the tolerance specified, except that at least one defective and one off-size onion may be permitted in any sample: Provided, Definitions § 51.3202 Similar varietal characteristics. Similar varietal characteristics § 51.3203 Mature. Mature § 51.3204 Fairly firm. Fairly firm § 51.3205 Fairly well shaped. Fairly well shaped § 51.3206 Wet sunscald. Wet sunscald § 51.3207 Doubles. Doubles § 51.3208 Bottlenecks. Bottlenecks § 51.3209 Damage. Damage (a) Seedstems which are tough or woody, or which are more than 1/4 (b) Splits when well cured onions are not practically covered by an outer scale, or when fairly well cured onions are not completely covered by one outer scale; (c) Dry sunken areas when the affected areas exceed the equivalent to that of a circle 1/2 3/4 3/4 3/4 (d) Sunburn when dark green in color and affecting an area equivalent to that of a circle 1 inch in diameter on an onion 2 3/4 (e) Sprouting when any sprout is visible, or when concealed within the neck scales and are more than 3/4 (f) Staining, dirt or other foreign material when more than 20 percent of the onions in a yellow, brown or red lot, or more than 15 percent of the onions in a white lot are appreciably stained. Onions with adhering dirt or other foreign matter shall be judged on the same basis as stained onions; (g) Mechanical when any cut extends deeper than one fleshy scale, or when any bruise breaks a fleshy scale; (h) Tops when more than 30 percent of the onions in a lot have tops 3 inches or more in length; (i) New roots when most roots on an individual onion have grown to a length of 1 inch or more; (j) Dry roots when practically all roots are 2 inches or more in length; (k) Translucent scales when more than the equivalent of two entire outer fleshy scales have a watersoaked condition; and, (l) Watery scales when more than the equivalent of the entire outer fleshy scale is affected by an off-color, watersoaked condition. The off-color must be of some shade of brown or yellow. § 51.3210 Serious damage. Serious damage (a) Seedstems when more than 1/2 (b) Dry sunken areas when extending deeper than one fleshy scale, or when affecting an area equivalent to that of a circle 1 inch in diameter on an onion 2 3/4 (c) Sprouting when any visible sprout is more than 1/2 (d) Staining, dirt or foreign material when more than 25 percent of the onions in any lot are badly stained. Onions with adhering dirt or other foreign matter shall be judged on the same basis as stained onions; (e) Mechanical when any cut extends deeper than two fleshy scales, or when cuts seriously damage the appearance of the onion; and, (f) Watery scales when more than the equivalent of two entire outer fleshy scales are affected by an off-colored, watersoaked condition. The off-color must be of some shade of brown or yellow. § 51.3211 Diameter. Diameter Metric Conversion Table § 51.3212 Metric conversion table. Inches Millimeters (mm) 1 8 3.2 1 4 6.4 3 8 9.5 1 2 12.7 5 8 15.9 3 4 19.1 7 8 22.2 1 25.4 1 1 4 31.8 1 1 2 38.1 1 3 4 44.5 2 50.8 2 1 2 63.5 2 3 4 69.9 3 76.2 3 1 2 88.9 4 101.6 Subpart JJ—United States Standards for Grades of Potatoes for Processing Source: 48 FR 10802, Mar. 15, 1983, unless otherwise noted. § 51.3410 Grades. (a) “U.S. No. 1 Processing” consists of potatoes which meet the following requirements: (1) Basic requirements: (i) Similar varietal characteristics; (ii) Moderately firm; and, (iii) Fairly well shaped. (2) Free from: (i) Freezing or freezing injury; (ii) Blackheart; (iii) Late Blight Tuber Rot; (iv) Southern Bacterial Wilt; (v) Bacterial Ring Rot; (vi) Insects, worms or larvae; (vii) Soft rot and wet breakdown; and, (viii) Loose sprouts, dirt and foreign material. (3) Free from damage by any cause. (4) Size. (b) “U.S. No. 2 Processing” consists of potatoes or usable pieces of potatoes which meet the following requirements: (1) Basic requirements: (i) Similar varietal characteristics; (ii) Moderately firm; and, (iii) Not seriously misshapen. (2) Free from: (i) Freezing or freezing injury; (ii) Blackheart; (iii) Late Blight Tuber Rot; (iv) Southern Bacterial Wilt; (v) Bacterial Ring Rot; (vi) Insects, worms or larvae; (vii) Soft rot and wet breakdown; and, (viii) Loose sprouts, dirt and foreign material. (3) Free from serious damage by any cause. (4) Size. 1/2 § 51.3411 Usable piece. “Usable Piece” means that portion of the potato remaining after trimming, or as it occurs in the sample: (a) Not have any unusable material; (b) Unless otherwise specified, weigh at least 4 ounces; and, (c) Must have at least 50% of peel remaining after trimming. § 51.3412 Unusable material. “Unusable Material” consists of defective portions of potatoes, and potatoes which are frozen, affected by freezing injury, soft rot, wet breakdown, insects, worms, larvae, Blackheart, Late Blight Tuber Rot, Southern Bacterial Wilt, Bacterial Ring Rot, or which are seriously damaged by internal defects. § 51.3413 Size. (a) The minimum size, maximum size or range in size may be specified in connection with the grade in terms of diameter or weight. (b) Diameter means the greatest dimension in terms of inches or fractions of an inch measured at right angles to the longitudinal axis, without regard to the position of the stem-end. (c) Weight means the minimum or maximum weight measured in terms of whole ounces. When a maximum weight is specified, the potato shall not be considered as oversize until it weighs the next higher ounce. § 51.3414 Application of standards. In the application of these standards to determine the percentages of potatoes in any lot which meet the requirements of the respective grades or size categories, tolerances do not apply. However, for lots which are graded or pre-sorted for size or quality, offered for inspection and required to meet one of the grades, the following tolerances, by weight, are provided: (a) For defects: (1) U.S. No. 1 Processing. (2) U.S. No. 2 Processing. (b) For loose sprouts, dirt and foreign material: 2 percent. (c) For off-size: (1) Undersize. 1/4 1/4 (2) Oversize. § 51.3415 Definitions. Similar varietal characteristics Fairly well shaped 2 2 Moderately firm 2 Not seriously misshapen Soft rot or wet breakdown Loose sprouts, dirt and foreign material Damage Serious Damage External Defects Internal Defects § 51.3416 Classification of defects. External Defects Defects Maximum allowed for U.S. No. 1 processing Maximum allowed for U.S. No. 2 processing Air cracks 5% waste 10% waste. Blackleg 5% waste 10% waste. Bruises 5% waste 10% waste Cuts Smooth, not more than 10% of surface Smooth, not more than 1 3 Enlarged lenticels, discolored or sunken 5% waste 10% waste. Flea Beetle 5% waste 10% waste Folded end 5% waste 10% waste. Fusarium tuber rot 5% waste 10% waste. Grass, wireworm 5% waste 10% waste. Greening, light 5% waste 10% waste. Growth cracks See Footnote No. 2 10% waste. Grub 5% waste 10% waste. Ingrown sprouts 5% waste 10% waste. Nematodes 5% waste 10% waste. Rhizoctonia, solid or thick mounded Not more than 10% of surface Not more than 25% of surface. Rodent, bird damage 5% waste 10% waste. Scab, pitted 5% waste 10% waste. Scab, russet 25% of surface or 5% waste 50% of surface or 10% waste. Scab, surface 25% of surface or 5% waste 50% of surface or 10% waste. Scab, surface (elephant hide). 10% of surface or 5% waste 25% of surface or 10% waste. Second growth 5% waste 10% waste. Scaling, surface cracks—when cracked, thick and has depth 10% of surface or 5% waste 25% of surface or 10% waste. Sunburn 5% waste 10% waste. Sunken discolored areas 5% waste 10% waste. Internal Defects Defects Maximum allowed for U.S. No. 1 processing Maximum allowed for U.S. No. 2 processing Occurring outside of or not entirely confined to the vascular ring Internal Black Spot, Internal Discoloration, Vascular Browning, Fusarium Wilt, Net Necrosis, Other Necrosis, Stem End Browning 5% waste 10% waste. Occurring entirely within the vascular ring Hollow Heart or Hollow Heart with Discoloration Area affected not to exceed that of a circle 7 8 1 Area affected not to exceed that of a circle 1 1 4 1 Light Brown Discoloration (Brown Center) Area affected not to exceed that of a circle 7 8 1 Area affected not to exceed that of a circle 1 1 4 1 Internal Brown Spot and similar discoloration (Heat Necrosis) Not more than the equivalent of 3 scattered spots 1 8 1 2 Not more than the equivalent of 6 scattered spots 1 8 1 2 1 § 51.3417 Optional test for specific gravity. Tests to determine specific gravity shall be made in accordance with the procedures set forth in this section. (a) The potatoes used for such determinations shall be: (1) Taken at random from a composite sample drawn from containers representative of the lot. (2) A comparable sample from a bulk load or storage bin. (3) From a portion of the divided sample initially drawn or submitted for determination of grade or contract compliance. (4) Representative of the lot with respect to size and quality. The specific gravity for any lot of potatoes shall be the average of at least 3 corrected readings on separate tests from the composite sample. Specific gravity may also be determined, if requested, in accordance with size classifications or weighted value in proportion to size and/or grade separations in the lot. (b) Specific gravity shall be determined by either; (1) Calculation from the weights of the sample in air and in water made with USDA approved equipment. The reading obtained from each test shall be corrected for temperature variations using Table I. (2) A hydrometer specifically designed for determining the specific gravity of potatoes. 3 3 The pulp temperature of the potatoes and the temperature of water shall be recorded immediately before testing and the specific gravity reading corrected using Table I. Table I—Correction Factors for Specific Gravity of Potatoes 4 [Corrected to zero at 50 °F potato temperature and 50 °F water temperature] Water temperature (degrees Fahrenheit) 38° 40° 45° 50° 55° 60° 65° 70° 75° 80° Potato temperature: 38° −0.0021 −0.0020 −0.0018 −0.0018 −0.0020 −0.0023 −0.0029 −0.0038 −0.0047 −0.0056 40° −.0017 −.0016 −.0014 −.0014 −.0016 −.0019 −.0025 −.0034 −.0043 −.0052 45° −.0009 −.0008 −.0008 −.0006 −.0008 −.0011 −.0017 −.0026 −.0035 −.0044 50° −.0003 −.0002 0000 0000 −.0002 −.0005 −.0011 −.0020 −.0029 −.0038 55° +.0001 +.0002 +.0004 +.0004 +.0002 −.0001 −.0007 −.0016 −.0025 −.0034 60° +.0004 +.0005 +.0007 +.0007 +.0005 +.0002 −.0004 −.0013 −.0022 −.0031 65° +.0005 +.0006 +.0008 +.0008 +.0006 +.0003 −.0003 −.0012 −.0021 −.0030 70° +.0006 +.0007 +.0009 +.0009 +.0007 +.0004 −.0002 −.0011 −.0020 −.0029 75° +.0007 +.0008 +.0010 +.0010 +.0008 +.0005 −.0001 −.0010 −.0019 −.0028 80° +.0008 +.0009 +.0011 +.0011 +.0009 +.0006 0000 −.0009 −.0018 −.0027 85° +.0009 +.0010 +.0012 +.0012 +.0010 +.0007 +.0001 −.0008 −.0017 −.0026 90° +.0010 +.0011 +.0013 +.0013 +.0011 +.0008 +.0002 −.0007 −.0016 −.0025 95° +.0011 +.0012 +.0014 +.0014 +.0012 +.0009 +.0003 −.0006 −.0015 −.0024 100° +.0012 +.0013 +.0015 +.0015 +.0013 +.0010 +.0004 −.0005 −.0014 −.0023 4 When requested to convert the weight in water of 5000 gram samples used in the weight in air versus weight in water method of specific gravity determinations, the conversion to total solids shall be based on Table II. Table II—Specific Gravity Conversion Chart for 5,000 Grams of Potatoes Water weight Specific gravity Total solids 300 1.0638 17.2 310 1.0661 17.7 320 1.0684 18.2 322 1.0688 18.3 324 1.0693 18.4 326 1.0697 18.5 328 1.0702 18.6 330 1.0707 18.7 332 1.0711 18.8 334 1.0716 18.9 336 1.0720 19.0 338 1.0725 19.1 340 1.0730 19.2 342 1.0734 19.3 344 1.0739 19.4 346 1.0743 19.5 348 1.0748 19.6 350 1.0753 19.7 352 1.0757 19.8 354 1.0762 19.9 356 1.0766 20.0 358 1.0771 20.1 360 1.0776 20.2 362 1.0780 20.3 364 1.0785 20.4 366 1.0790 20.5 368 1.0794 20.6 370 1.0799 20.7 372 1.0804 20.8 374 1.0808 20.9 376 1.0813 21.0 378 1.0818 21.1 380 1.0822 21.2 382 1.0827 21.3 384 1.0832 21.4 386 1.0836 21.5 388 1.0841 21.6 390 1.0846 21.7 392 1.0851 21.8 394 1.0855 21.9 396 1.0860 22.0 398 1.0865 22.1 400 1.0870 22.2 402 1.0874 22.3 404 1.0879 22.4 406 1.0884 22.5 408 1.0888 22.6 410 1.0893 22.7 412 1.0898 22.8 414 1.0903 22.9 416 1.0908 23.0 418 1.0912 23.1 420 1.0917 23.2 422 1.0922 23.4 424 1.0926 23.5 426 1.0931 23.6 428 1.0936 23.7 430 1.0941 23.8 432 1.0946 23.9 440 1.0965 24.4 450 1.0989 24.9 460 1.1013 25.4 470 1.1040 26.0 Whenever the recorded water weight for an individual reading falls between two sets of numbers as indicated in Table II, the next higher reading shall be used. § 51.3418 Optional test for fry color. Fry color may be determined in accordance with contract specifications by using the Munsell Color Standards for Frozen French Fried Potatoes, Third Edition, 1972, 64-1. 5 1/2 1/2 5

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