7 CFR Part 52 — Processed Fruits and Vegetables, Processed Products Thereof, and Certain Other Processed Food Products

PART 52—PROCESSED FRUITS AND VEGETABLES, PROCESSED PRODUCTS THEREOF, AND CERTAIN OTHER PROCESSED FOOD PRODUCTS Authority: 7 U.S.C. 1621-1627. Subpart A—Requirements Governing Inspection and Certification Source: 22 FR 3535, May 22, 1957, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. § 52.1 Administration of regulations. (a) The Administrator, Agricultural Marketing Service, United States Department of Agriculture is charged with the administration of the regulations in this part except that he may delegate any or all of such functions to any officer or employee of the Agricultural Marketing Service of the Department, in his discretion. (b) All services provided under the regulations of this part, including the hiring and licensing of inspection, grading, and sampling personnel shall be conducted without discrimination because of race, color, sex, religion, or national origin. [22 FR 3535, May 22, 1957, as amended at 38 FR 25166, Sept. 12, 1973. Redesignated at 42 FR 32514, June 27, 1977 and further redesignated at 46 FR 63203, Dec. 31, 1981] Definitions § 52.2 Terms defined. Words in the regulations in this part in the singular form shall be deemed to import the plural and vice versa, as the case may demand. For the purposes of the regulations in this part, unless the context otherwise requires, the following terms shall have the following meanings: Acceptance number. Act. et seq., et seq. Administrator. Applicant. Approved plant. Case. Case or shipping case. case Certificate of loading. Certificate of sampling. Class. Condition. Department. Deviant. Deviation. Grade class. Grader. Inspection certificate. Inspection service. Inspection service, general below. Inspection service, general: (a) The sampling pursuant to the regulations in this part; (b) The determination pursuant to the regulations in this part of: (1) Essential characteristics such as style, type, size, sirup density or identity of any processed product which differentiates between major groups of the same kind; (2) The class, quality and condition of any processed product, including the condition of the container thereof by the examination of appropriate samples; (c) The issuance of any certificate of sampling, inspection certificates, or certificates of loading of a processed product, or any report relative to any of the foregoing; or (d) Performance by an inspector of any related services such as observing the preparation of the product from its raw state through each step in the entire process; observing conditions under which the product is prepared, processed, and packed; or observing plant sanitation as a prerequisite to the inspection of the processed product, either on a continuous or periodic basis, or checkloading the inspected processed product in connection with the distribution or marketing thereof. Inspection Service; types of. Lot inspection (b) Approved plant-lot inspection (c) Continuous inspection (d) Pack certification (1) Under a Designated Lot-contract, inspector(s) will grade and certify only those lots designated by the applicant. (2) Under a Quality Assurance contract, inspector(s) will use information available from the applicant's quality control records to certify lots, as requested, and will grade lots at random as often as necessary to verify the reliability of the applicant's quality control system. Inspector or grader. Inspector in charge. Inspector, subordinate. Inspector's aide. Interested party. Licensed sampler. Lot. (a) If the applicant requests a separate inspection certificate covering a specific portion of a lot, such portion must be separately marked or otherwise identified in such a manner as to permit sampling, inspection, and certification of such portion as a separate lot; and (b) Under in-plant (in-process) inspection, the inspector is authorized to limit the number of containers of a processed product that may be included in a lot to a period of consecutive production equivalent to one production shift with a maximum of 24 hours of consecutive production. Officially drawn sample. Other processed food products. Person. Plant. Plant, approved. Processed product. Quality. Rejection number. Sample. Sample unit. Sampling. Secretary. Shipping container. Unofficial sample. [22 FR 3535, May 22, 1957, as amended at 33 FR 9582, July 2, 1968; 35 FR 14061, Sept. 4, 1970; 38 FR 25166, Sept. 12, 1973; 38 FR 26903, Sept. 27, 1973; 40 FR 48934, Oct. 20, 1975. Redesignated at 42 FR 32514, June 27, 1977 and further redesignated at 46 FR 63203, Dec. 31, 1981, and amended at 51 FR 20438, June 5, 1986; 58 FR 42413, Aug. 9, 1993; 72 FR 10037, Mar. 7, 2007; 79 FR 67321, Nov. 13, 2014; 85 FR 19380, Apr. 7, 2020] § 52.3 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 purposes of said subsection and the provisions in this part, the terms listed below shall have the respective meanings specified: Official certificate. Official device. Official identification. Official mark. Official memorandum. [22 FR 3535, May 22, 1957, as amended at 23 FR 4999, July 1, 1958. Redesignated at 42 FR 32514, June 27, 1977 and further redesignated at 46 FR 63203, Dec. 31, 1981] Inspection Service § 52.4 Where inspection service is offered. Inspection service may be furnished wherever any inspector or licensed sampler is available and the facilities and conditions are satisfactory for the conduct of such service. § 52.5 Who may obtain inspection 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. § 52.6 How to make application. An application for inspection service may be made to the office of inspection or to any inspector, at or nearest the place where the service is desired. An up-to-date list of the Inspection Field Offices of the Department may be obtained upon request to the Administrator. Satisfactory proof that the applicant is an interested party shall be furnished. § 52.7 Information required in connection with application. (a) Application for inspection service shall be made in the English language and may be made orally (in person or by telephone), in writing, or electronically. If an application for inspection is made orally, written confirmation may be required by the inspection service involved. (b) In connection with each application for inspection service, there shall be furnished such information as may be necessary to perform an inspection on the processed product(s), including but not limited to, the name of the product, name and address of the packer or plant where such product was packed, the location of the product, its lot or car number, codes or other identification marks, the number of containers, the type and size of the containers, the interest of the applicant in the product, whether the lot has been inspected previous to the application by any Federal agency and the purpose for which inspection is desired. [51 FR 20439, June 5, 1986, as amended at 81 FR 93572, Dec. 21, 2016] § 52.8 Filing of application. An application for inspection service shall be regarded as filed only when made in accordance with the regulations in this part. § 52.9 Record of filing time. A record showing the date when each application for inspection or for an appeal inspection is received shall be maintained. [51 FR 20439, June 5, 1986] § 52.10 When application may be rejected. An application for inspection service may be rejected by the Administrator (a) for non-compliance by the applicant with the regulations in this part, (b) for non-payment for previous inspection services rendered, (c) when the product is not properly identifiable by code or other marks, or (d) when it appears that to perform the inspection service would not be to the best interests of the Government. Such applicant shall be promptly notified of the reason for such rejection. § 52.11 When application may be withdrawn. An application for inspection service may be withdrawn by the applicant at any time before the inspection is performed: Provided, [22 FR 3535, May 22, 1957, as amended at 38 FR 25166, Sept. 12, 1973. Redesignated at 42 FR 32514, June 27, 1977 and further redesignated at 46 FR 63203, Dec. 31, 1981] § 52.12 Disposition of inspected sample. Any sample of a processed product that has been used for inspection may be returned to the applicant, at his request and expense; otherwise it shall be destroyed, or disposed of to a charitable institution. § 52.13 Basis of inspection and grade or compliance determination. (a) Inspection service shall be performed on the basis of the appropriate United States standards for grades of processed products, Federal, Military, Veterans Administration or other government agency specifications, written contract specifications, or any written specification or instruction which is approved by the Administrator. (b) Unless otherwise approved by the Administrator, compliance with such grade standards, specifications, or instructions shall be determined by evaluating the product, or sample, in accordance with the requirements of such standards, specifications or instructions: Provided, Provided further, (1) Such sample complies with the applicable standards of quality promulgated under the Federal Food, Drug, and Cosmetic Act; (2) Such sample complies with the product description; (3) Such sample meets the indicated grade with respect to factors of quality which are not rated by score points; and (4) With respect to those factors of quality which are rated by score points, each of the following requirements is met: (i) None of the sample units falls more than one grade below the indicated grade because of any quality factor to which a limiting rule applies; (ii) None of the sample units falls more than 4 score points below the minimum total score for the indicated grade; (iii) The number of deviants does not exceed the applicable acceptance number indicated in the sampling plans contained in § 52.38 (“deviants”, as used in this paragraph, means sample units that fall into the next grade below the indicated grade but do not score more than 4 points below the minimum total score for the indicated grade); (5) If any of the provisions contained in paragraphs (b) (3) and (4) of this section are not met, the grade is determined by considering such provisions in connection with succeedingly lower grades until the grade of the lot, if assignable, is established; and (6) When it is determined that a portion of a lot bearing a particular identification mark is of lower quality or deficient in other factors, the grade or compliance of the lot shall be no higher than that of the portion bearing the particular identification mark. [22 FR 3535, May 22, 1957, as amended at 33 FR 9582, July 2, 1968. Redesignated at 42 FR 32514, June 27, 1977 and further redesignated at 46 FR 63203, Dec. 31, 1981] § 52.14 Order of inspection service. Inspection service shall be performed, insofar as practicable, in the order in which applications therefor are made except that precedence may be given to any such applications which are made by the United States (including, but not being limited to, any instrumentality or agency thereof) and to any application for an appeal inspection. § 52.15 Postponing inspection service. If the inspector determines that it is not possible to accurately ascertain the quality or condition of a processed product immediately after processing because the product has not reached equilibrium in color, sirup density, or drained weight, or for any other substantial reason, he may postpone inspection service for such period as may be necessary. § 52.16 Financial interest of inspector. No inspector shall inspect any processed product in which he is directly or indirectly financially interested. § 52.17 Forms of certificates. Inspection certificates, certificates of sampling or loading, and other memoranda concerning inspection service shall be issued on forms approved by the Administrator. § 52.18 Issuance of certificates. (a)(1) The person signing and issuing the certificate shall be one of the following: (i) The inspector who performed the inspection. (ii) Another employee of the Inspection Service who has been authorized by the Administrator to act in a supervisory capacity. (iii) An inspector designated as the “inspector in charge,” when the certificate represents composite inspection of several persons. (2) In all cases the inspection certificate shall be prepared in accordance with the facts set forth in the official memoranda made by the inspector or inspectors in connection with the inspection. Whenever a certificate is signed by an inspector in charge, that title must appear in connection with the signature. (b) A certificate of loading shall be issued and signed by the inspector or licensed sampler authorized to check the loading of a specific lot of processed products: Provided, [22 FR 3535, May 22, 1957, as amended at 35 FR 14061, Sept. 4, 1970. Redesignated at 42 FR 32514, June 27, 1977 and further redesignated at 46 FR 63203, Dec. 31, 1981; 84 FR 8590, Mar. 11, 2019] § 52.19 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, code marks, grade statements, lot or car numbers, container sizes, net or drained 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. § 52.20 Issuance of an inspection report in lieu of an inspection certificate. A letter report in lieu of an inspection certificate may be issued by an inspector when such action appears to be more suitable than an inspection certificate: Provided, § 52.21 Disposition of inspection certificates. The original of any inspection certificate, issued under the regulations in this part, and not to exceed four copies thereof, if requested prior to issuance, shall be delivered or mailed promptly to the applicant, or person designated by the applicant. All other copies shall be filed in such manner as the Administrator may designate. Additional copies of any such certificates may be supplied to any interested party as provided in § 52.49. [22 FR 3535, May 22, 1957. Redesignated at 42 FR 32514, June 27, 1997, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 63 FR 50746, Sept. 23, 1998] § 52.22 Report of inspection results prior to issuance of formal report. Upon request of any interested party, the results of an inspection may be telegraphed or telephoned to him, or to any other person designated by him, at his expense. Appeal Inspection § 52.23 When appeal inspection may be requested. An application for an appeal inspection may be made by any interested party who is dissatisfied with the results of an inspection as stated in an inspection certificate, if the lot of processed products can be positively identified by the inspection service as the lot from which officially drawn samples were previously inspected. Such application shall be made within thirty (30) days following the day on which the previous inspection was performed, except upon approval by the Administrator the time within which an application for appeal inspection may be made may be extended. § 52.24 Where to file for an appeal inspection and information required. (a) Application for an appeal inspection may be filed with: (1) The supervisor in the office that issued the inspection certificate on which the appeal covering the processed product is requested; or (2) The inspector in charge of the office of inspection at or nearest the place where the processed product is located. (b) The application for appeal inspection shall state the location of the lot of processed products and the reasons for the appeal; and date and serial number of the certificate covering inspection of the processed product on which the appeal is requested, and such application may be accompanied by a copy of the previous inspection certificate and any other information that may facilitate 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. [22 FR 3535, May 22, 1957. Redesignated at 42 FR 32514, June 27, 1977 and further redesignated at 46 FR 63203, Dec. 31, 1981, and amended at 51 FR 20439, June 5, 1986] § 52.25 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, [22 FR 3535, May 22, 1957, as amended at 38 FR 25166, Sept. 12, 1973. Redesignated at 42 FR 32514, June 27, 1977 and further redesignated at 46 FR 63203, Dec. 31, 1981] § 52.26 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 processed product has undergone a material change since the inspection covering the processed product on which the appeal inspection is requested; (c) The lot in question is not, or cannot be made accessible for the selection of officially drawn samples; (d) The lot relative to which appeal inspection is requested cannot be positively identified by the inspector as the lot from which officially drawn samples were previously inspected; or (e) There is noncompliance with the regulations in this part. Such applicant shall be notified promptly of the reason for such refusal. § 52.27 Who shall perform appeal inspection. An appeal inspection shall be performed by an inspector or inspectors (other than the one from whose inspection the appeal is requested) authorized for this purpose by the Administrator and, whenever practical, such appeal inspection shall be conducted jointly by two such inspectors: Provided, § 52.28 Appeal inspection certificate. After an appeal inspection has been completed, the lot(s) cannot be further appealed unless authorized by the Administrator. 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 processed 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 or condition of the processed product described therein. The inspector or inspectors issuing an appeal inspection certificate shall forward notice of such issuance to such persons as he considers 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 and certificates, issuance of certificates, and disposition of certificates shall apply to appeal inspection certificates, except that copies of such appeal inspection certificates shall be furnished to all interested parties who received copies of the superseded certificate. [51 FR 20439, June 5, 1986] Licensing of Samplers and Inspectors § 52.29 Who may become licensed sampler. Any person deemed to have the necessary qualifications may be licensed as a licensed sampler to draw samples for the purpose of inspection under the regulations in this part. Such a license shall bear the printed signature of the Secretary, and shall be countersigned by an authorized employee of the Department. Licensed samplers shall have no authority to inspect processed products under the regulations in this part except as to identification and condition of the containers in a lot. A licensed sampler shall perform his duties pursuant to the regulations in this part as directed by the Administrator. § 52.30 Application to become a licensed sampler. Application to become a licensed sampler shall be made to the Administrator on forms furnished for that purpose. Each such application shall be signed by the applicant in his own handwriting, and the information contained therein shall be certified by him to be true, complete, and correct to the best of his knowledge and belief, and the application shall contain or be accompanied by: (a) A statement showing his present and previous occupations, together with names of all employers for whom he has worked, with periods of service, during the ten years previous to the date of his application; (b) A statement that, in his capacity as a licensed sampler, he will not draw samples from any lot of processed products with respect to which he or his employer is an interested party; (c) A statement that he agrees to comply with all terms and conditions of the regulations in this part relating to duties of licensed samplers; and (d) Such other information as may be requested. § 52.31 Inspectors. Inspections will ordinarily be performed by employees under the Administrator who are employed as Federal Government employees for that purpose. However, any person employed under any joint Federal-State inspection service arrangement may be licensed, if otherwise qualified, by the Secretary to make inspections in accordance with this part on such processed products as may be specified in his license. Such license shall be issued only in a case where the Administrator is satisfied that the particular person is qualified to perform adequately the inspection service for which such person is to be licensed. Each such license shall bear the printed signature of the Secretary and shall be countersigned by an authorized employee of the Department. An inspector shall perform his duties pursuant to the regulations in this part as directed by the Administrator. § 52.32 Suspension or revocation of license of licensed sampler or licensed inspector. Pending final action by the Secretary, the Administrator may, whenever he deems such action necessary, suspend the license of any licensed sampler, or licensed inspector, issued pursuant to the regulations in this part, by giving notice of such suspension to the respective licensee, accompanied by a statement of the reasons therefor. Within seven days after the receipt of the aforesaid notice and statement of reasons by such licensee, he may file an appeal, in writing, with the Secretary supported by any 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 seven days period and consideration of such argument and evidence, the Secretary shall take such action as he deems appropriate with respect to such suspension or revocation. § 52.33 Surrender of license. Upon termination of his services as a licensed sampler or licensed inspector, or suspension or revocation of his license, such 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 a case of an expired license. Sampling § 52.34 How samples are drawn by inspectors or licensed samplers. An inspector or a licensed sampler shall select samples, upon request, from designated lots of processed products which are so placed as to permit thorough and proper sampling in accordance with the regulations in this part. Such person shall, unless otherwise directed by the Administrator, select sample units of such products at random, and from various locations in each lot in such manner and number, not inconsistent with the regulations in this part, as to secure a representative sample of the lot. Samples drawn for inspection shall be furnished by the applicant at no cost to the Department. § 52.35 Accessibility for sampling. Each applicant shall cause the processed products for which inspection is requested to be made accessible for proper sampling. Failure to make any lot accessible for proper sampling shall be sufficient cause for postponing inspection service until such time as such lot is made accessible for proper sampling. § 52.36 How officially drawn samples are to be identified. Officially drawn samples shall be marked by the inspector or licensed sampler so such samples can be properly identified for inspection. § 52.37 How official samples are to be identified and shipped. Unless otherwise directed by the Administrator, samples which are to be shipped to any office of inspection shall be forwarded to the office of inspection serving the area in which the processed products from which the samples were drawn is located. Such samples shall be shipped in a manner to avoid any material change in the quality or condition of the sample of the processed product. Containers shall be identified and properly sealed with tape. A facsimile of the “Officially Sampled” stamp shall be placed over the taped container. All transportation charges in connection with such shipments of samples shall be at the expense of the applicant. [51 FR 20439, June 5, 1986] § 52.38 Sampling plans and procedures for determining lot compliance. (a) Except as otherwise provided for in this section in connection with in-plant inspection and unless otherwise approved by the Administrator, samples shall be selected from each lot in the exact number of sample units indicated for the lot size in the applicable sampling plans. The lot size is to correspond to a sample size with a maximum of 29 sample units: Provided, that at the discretion of the inspection service, the number of sample units selected may be increased to the exact number of sample units indicated for any one of the larger sample sizes provided for in the appropriate plans. The samples size may be increased beyond 29 sample units in accordance with the following sampling plan: Sample Size 38 48 60 Acceptance Number 5 6 7 (b) Under the sampling plans with respect to any specified requirement: (1) If the number of deviants (as defined in connection with the specific requirement) in the sample does not exceed the acceptance number prescribed for the sample size, the lot meets the requirement; (2) If the number of deviants (as defined in connection with the specific requirement) in the sample exceeds the acceptance number prescribed for the sample size, the lot fails the requirement. (c) If in the conduct of on-line in-plant inspection of a product covered by a grade standard which does not contain sampling plans, the sample is examined before the lot size is known and the number of sample units exceeds the prescribed sample size for such lot, but does not equal any of the prescribed larger sample sizes, the lot may be deemed to meet or fail a specific requirement in accordance with the following procedure: (1) If the number of deviants (as defined in connection with the specific requirement) in the nonprescribed sample does not exceed the acceptance number of the next smaller sample size, the lot meets the requirement; (2) If the number of deviants (as defined in connection with the specific requirement) in the nonprescribed sample equals the acceptance number prescribed for the next larger sample size, additional sample units shall be selected to increase the sample to the next larger prescribed sample size; (3) If the number of deviants (as defined in connection with the specific requirement) in the nonprescribed sample exceeds the acceptance number prescribed for the next larger sample size, the lot fails the requirement. (d) In the conduct of on-line in-plant inspection, sampling may be performed on a time interval basis. The sampling frequency shall be specified in an applicable grade standard or other procedural instruction approved by the Administrator. (e) In the event that the lot compliance determination provisions of a standard or specification are based on the number of specified deviations instead of deviants the procedures set forth in this section may be applied by substituting the word “deviation” for the word “deviant” wherever it appears. (f) Sampling plans referred to in this section are those contained in Tables I, II, III, IV, and V and (g)(1) and (g)(2) of this section which follow or any other plans which are applicable. For processed products not included in these tables, the minimum sample size shall be the exact number of sample units prescribed in the table, container group, and lot size that, as determined by the inspector, most closely resembles the product, type, container, size and amount of product to be sampled. The maximum sample size in tables I, II, III, IV, V, (g)(1), (g)(2) and processed products not included in these tables is 29 sample units. (g)(1) Sampling plan for dried figs. (2) Sampling plan for dried fruits other than dates and figs. Table I—Canned or Similarly Processed Fruits, Vegetables, and Products Containing Units of Such Size and Character as To Be Readily Separable Container size group Lot size (number of containers) 1 Group 1: Any type container of a volume not exceeding that of a No. 303 size can 3,000 or 3,001 to 12,001 to 39,001 to 84,001 to Group 2: Any type of container of a volume exceeding that of a No. 303 size can but not exceeding that of a No. 3 cylinder size can 1,500 or 1,501 to 6,001 to 19,501 to 42,001 to Group 3: Any type of container of a volume exceeding that of a No. 3 cylinder size can, but not exceeding that of a No. 12 size can 750 or 751 to 3,001 to 9,751 to 21,001 to Group 4: Any type of container of a volume exceeding that of a Convert to equivalent number of 6-lb. net weight containers and use group 3 Lot inspection sample size (no. of sample units) 2 3 6 13 21 29 Acceptance number 0 1 2 3 4 On-line in-plant inspection sample size (no. of sample units) 2 3 6 6 13 21 Acceptance number 0 1 1 2 3 1 2 Table II—Frozen or Similarly Processed Fruits, Vegetables, and Products Containing Units of Such Size and Character as To Be Readily Separable Container size group Lot size (number of containers) 1 Group 1: Any type of container of 1 lb. or less 2,400 or 2,401 to 9,601 to 31,201 to 67,201 to Group 2: Any type of container over 1 lb. but not over 2- 1 2 1,200 or 1,201 to 4,801 to 15,601 to 33,601 to Group 3: Any type of container over 2- 1 2 Convert to equivalent number of 2- 1 2 Lot inspection sample size (no. of sample units) 2 3 6 13 21 29 Acceptance number 0 1 2 3 4 On-line in-plant inspection sample size (no. of sample units) 2 3 6 6 13 21 Acceptance number 0 1 1 2 3 1 2 Table III—Canned, Frozen, or Otherwise Processed Fruits, Vegetables, Related Products of a Comminuted, Fluid or Homogeneous State Container size group Lot size (number of containers) 1 Group 1: Any type of container of 1 lb. or less 4,500 or 4,501 to 18,001 to 58,501 to 126,001 to Group 2: Any type of container exceeding 1 lb. but not exceeding 60 ounces. 3,000 or 3,001 to 12,001 to 39,001 to 84,001 to Group 3: Any type of container exceeding 60 ounces but not exceeding 10 lbs. 1,500 or 1,501 to 6,001 to 19,501 to 42,001 to Group 4: Any type of container of a volume exceeding 10 lbs. Convert to equivalent number of 6-lb. containers and use group 3 Lot inspection sample size (no. of sample units) 2 3 6 13 21 29 Acceptance number 0 1 2 3 4 On-line in-plant inspection sample size (no. of sample units) 2 3 6 6 13 21 Acceptance number 0 1 1 2 3 1 2 Table IV—Dehydrated (Low-Moisture) Fruits, and Vegetables Container size group Lot size (number of containers) 1 Group 1: Any type of container of 1 lb. or less 1,800 or 1,801 to 7,201 to 23,401 to 50,401 to Group 2: Any type of container over 1 lb. but not over 6 lbs. net weight 600 or 601 to 2,401 to 7,801 to 16,801 to Group 3: Any type of container over 6 lbs. Convert to equivalent number of 5 lb. containers and use group 2 Lot inspection sample size (no. of sample units) 2 3 6 13 21 29 Acceptance number 0 1 2 3 4 On-line in-plant inspection sample size (no. of sample units) 2 3 6 6 13 21 Acceptance number 0 1 1 2 3 1 2 Table V—Dates Container size group Lot size (number of containers) 1 Group 1: Any type of container of 1 lb. or less net weight 2,400 or 2,401 to 9,601 to 31,201 to 67,201 to Group 2: Any type of container over 1 lb. but not over 5 lbs. net weight 800 or 801 to 3,201 to 10,401 to 22,401 to Group 3: Any type of container over 5 lbs. Convert to equivalent number of 5 lb. containers and use group 2 Lot inspection sample size (no. of sample units) 2 3 6 13 21 29 Acceptance number 0 1 2 3 4 On-line in-plant inspection sample size (no. of sample units) 2 3 6 6 13 21 Acceptance number 0 1 1 2 3 1 2 [38 FR 25166, Sept. 12, 1973; 38 FR 26903, Sept. 27, 1973. Redesignated at 42 FR 32514, June 27, 1977 and further redesignated at 46 FR 63203, Dec. 31, 1981, and amended at 51 FR 20439, June 5, 1986; 63 FR 50747, Sept. 23, 1998] § 52.38a Definitions of terms applicable to statistical sampling. (a) Terms applicable to both on-line inspection and lot inspection. (1) Acceptable Quality Level (AQL). (2) Acceptance sampling. (3) Attributes. (4) Defect. (5) Defective. (6) Inspection by attributes. (7) Standard sample unit size. (b) Terms applicable to on-line inspection only. (1) Basic inspection period. (2) Cumulative Sum Sampling (CuSum) Plan. (i) Acceptance limit (“L”). (ii) CuSum value. (iii) Sample unit tolerance (“T”). (iv) Starting value (“S”). (3) On-line sampling inspection. (4) Probability of acceptance (“Pa”). (c) Terms applicable to lot inspection only. (1) Acceptance number. (2) Inspection lot. (3) Probability of acceptance “Pa” [43 FR 10540, Mar. 14, 1978. Redesignated at 46 FR 63203, Dec. 31, 1981] § 52.38b Statistical sampling procedures for on-line inspection by attributes of processed fruits and vegetables. (a) General. (1) The producer has designated the intended grade for the basic inspection period prior to the start of production. (2) Inspection of the product shall be made during the basic inspection period at a point after which all product characteristics, subject to inspection, are fixed and will not be subject to change during final packaging. (3) A shift to CuSum sampling plans from lot sampling plans during a basic inspection period is not permitted (or vice versa). (b) Sampling rate/frequency. (c) Determining CuSum values. (1) Add the number of defects (or defectives) for the present sample unit to the CuSum value of the previous sample unit. (2) Subtract the sample unit tolerance (“T”). (3) The CuSum value is reset in the following situations. However, determine compliance with the designated grade (see paragraph (d) of this section) prior to resetting the CuSum value: (i) Reset the CuSum value to zero (0) if the CuSum value is less than zero (0). (ii) Reset the CuSum value to the acceptance limit (“L”) if the CuSum value exceeds the acceptance limit (“L”). (d) Determining compliance for a designated grade. (2) A portion of production fails the designated grade if the CuSum value, calculated from the sample unit representing that portion, exceeds the acceptance limit (“L”) for one or more classes of defects. (e) Evaluation of production failing a designated grade. (f) Assigning a grade. (2) The grade assigned to similarly identified production will be the lowest grade assigned to any portion of that similarly identified production. (g) Redesignation of producer's intended grade. (h) Cumulative Sum Sampling (CuSum) Plans for processed fruits and vegetables. (2) AQL values of 10.0 or less may be expressed either in “defects per hundred units” or in “percent defective units.” The same sampling plans are used for both. Separate sampling plans must be used for AQL values greater than 10.0. (3) These tables also provide the quality levels associated with 50 percent and 10 percent probabilities of acceptance for each of the plans. These quality levels are expressed in the same units as the corresponding AQL values. (4) A separate CuSum sampling plan is chosen for each class of defects (or defectives) by first specifying the desired AQL and then selecting the appropriate standard sample unit size. The quality levels associated with 50 percent and 10 percent probabilities of acceptance may be used as guides to help determine a suitable standard sample unit size. Table VI—CuSum Sampling Plans [Standard sample unit size=13] AQL S T L Quality levels Pa= 50% Pa= 10% Quality levels expressed as defects per 100 units or percent defective 0.65 0.3 0.1 0.9 5.3 17.7 1.0 .2 .2 .8 5.6 17.7 1.5 0 .5 0.5 7.7 19.2 2.2 .5 .5 1.5 8.2 19.2 4.0 .8 .8 2 9.7 19.6 5.0 0 1 1 14.4 30.2 6.5 1 1 2 14.7 30.2 8.5 1 1.5 2.5 17.4 31.3 10.0 1 1.8 2.6 18.8 32.0 Quality levels expressed as defects per 100 units only 12.5 1 2 3 23.5 41.4 15.0 1 2.5 3 26.1 42.8 20.0 2 3 4 32.2 52.1 25.0 1 4 3 40.3 62.3 33.0 1 5 4 48.9 72.3 40.0 2 6 5 57.1 82.1 50.0 1 8 4 73.3 101.2 65.0 2 10 5 89.9 120.0 85.0 1 13 5 113.9 147.6 100.0 2 15 6 130.4 165.7 150.0 2 22 7 186.5 227.9 250.0 4 35 11 291.2 340.6 Quality levels expressed as percent defective only 12.5 1 2 2 22.4 36.4 15.0 1 2.5 2.5 25.0 37.4 20.0 1 3 3 30.7 44.5 25.0 1 4 2 38.1 52.8 33.0 1 5 3 46.2 60.3 40.0 1 6 3 53.8 67.4 50.0 2 7 4 61.5 74.1 Table VII—CuSum Sampling Plans [Standard sample unit size=25] AQL S T L Quality levels Pa= 50% Pa= 10% Quality levels expressed as defects per 100 units or percent defective 0.4 0.3 0.1 0.9 2.8 9.2 0.65 .2 .2 .8 3.4 9.2 1.0 0 .5 .5 4.0 10.0 1.5 1 .5 2 4.3 10.0 2.5 0 1 1 7.5 15.7 4.0 .5 1.5 2 9.0 16.3 5.0 1.5 1.5 3 9.1 16.3 6.5 1 2 3 12.2 21.5 8.5 0 3 2 16.4 27.1 10.0 1 3 3 16.7 27.1 Quality levels expressed as defects per 100 units only 12.5 1 4 3 21.0 32.4 15.0 1 5 3 25.2 37.6 20.0 1 6 4 29.7 42.7 25.0 1 8 3 37.7 52.7 33.0 1 10 4 46.5 62.4 40.0 2 12 5 55.1 72.0 50.0 2 14 7 63.9 81.5 65.0 3 18 8 80.7 100.1 85.0 4 23 10 101.8 123.1 100.0 4 27 10 118.3 141.2 Quality levels expressed as percent defective only 12.5 1 4 3 20.5 29.8 15.0 0 5 2 24.3 34.3 20.0 1 6 3 28.7 38.7 25.0 2 7 4 33.0 43.0 33.0 2 9 5 41.2 51.2 40.0 2 11 5 49.2 59.1 50.0 1 14 3 60.6 70.3 Table VIII—CuSum Sampling Plans [Standard sample unit size=50] AQL S T L Quality levels Pa= 50% Pa= 10% Quality levels expressed as defects per 100 units or percent defective 0.15 0.3 0.1 0.9 1.4 4.6 0.25 .2 .2 .8 1.5 4.6 0.4 0 .5 .5 2.0 5.0 0.65 .5 .5 1.5 2.1 5.0 1.0 .4 .8 1.6 2.5 5.1 1.5 1 1 2 3.8 7.9 2.5 1.5 1.5 3 4.6 8.1 4.0 1 2.5 3 6.8 11.1 5.0 1 3 3 9.3 13.6 6.5 1 4 3 10.5 16.2 8.5 1 5 4 12.7 18.8 10.0 1 6 4 14.9 21.4 Quality levels expressed as defects per 100 units only 12.5 1 8 3 18.9 26.3 15.0 1 9 4 21.1 28.8 20.0 2 12 5 27.5 36.0 25.0 2 14 7 31.9 40.7 33.0 3 18 9 40.4 50.0 40.0 3 22 9 48.7 59.3 50.0 4 27 10 59.1 70.6 65.0 4 35 11 75.7 88.5 85.0 5 45 14 96.5 110.7 Quality levels expressed as percent defective only 12.5 2 7 5 16.8 22.3 15.0 1 9 4 20.9 27.2 20.0 2 11 6 25.2 31.6 25.0 2 14 5 31.2 38.1 33.0 2 18 6 39.4 46.4 40.0 1 22 5 47.3 54.4 50.0 1 27 5 57.2 64.1 Table IX—CuSum Sampling Plans [Standard sample unit size=100] AQL S T L Quality levels Pa= 50% Pa= 10% Quality levels expressed as defects per 100 units or percent defective 0.1 0.3 0.1 0.9 0.7 2.3 0.15 .2 .2 .8 0.8 2.3 0.25 0 .5 .5 1.0 2.5 0.4 1 .5 2 1.1 2.5 0.65 0 1 1 1.9 3.9 1.0 .5 1.5 2 2.2 4.1 1.5 1 2 2 3.0 5.4 2.5 1 3 3 4.2 6.8 4.0 1 5 3 6.3 9.4 5.0 1 6 4 7.4 10.7 6.5 1 8 4 9.5 13.2 8.5 2 1.0 5 11.7 15.6 10.0 2 1.2 5 13.8 18.0 Quality levels expressed as defects per 100 units only 12.5 2 14 7 16.0 20.4 15.0 2 17 7 19.1 23.9 20.0 3 22 9 24.4 29.6 25.0 4 27 10 29.6 35.3 33.0 3 36 10 38.8 45.4 40.0 4 43 12 46.1 53.1 50.0 5 53 14 56.4 64.1 Quality levels expressed as percent defective only 12.5 2 14 6 15.8 19.7 15.0 2 17 6 18.9 23.0 20.0 2 22 7 24.0 28.5 25.0 3 27 8 29.2 33.8 33.0 3 35 9 37.3 42.1 40.0 4 42 10 44.4 49.2 50.0 4 52 10 54.3 59.1 Table X—CuSum Sampling Plans [Standard sample unit size=200] AQL S T L Quality levels Pa= 50% Pa= 10% Quality levels expressed as defects per 100 units or percent defective 0.04 0.3 0.1 0.9 0.3 1.2 0.065 0.2 0.2 0.8 0.4 1.2 0.1 0 0.5 0.5 0.5 1.3 0.15 0.4 0.8 0.8 0.6 1.3 0.25 0.4 0.8 1.6 0.6 1.3 0.4 1 1 2 1.0 2.0 0.65 1 1.8 2.6 1.2 2.1 1.0 1 2.5 3 1.7 2.8 1.5 1 4 3 2.6 4.1 2.5 1 6 4 3.7 5.3 4.0 1 10 4 5.8 7.8 5.0 2 12 5 6.9 9.0 6.5 2 15 6 8.5 10.8 8.5 3 19 8 10.6 13.1 10.0 3 22 9 12.2 14.8 Quality levels expressed as defects per 100 units only 12.5 4 27 10 14.8 17.7 15.0 3 33 9 17.8 21.0 20.0 4 43 12 23.1 26.6 25.0 5 53 14 28.2 32.1 33.0 5 70 15 36.9 41.3 40.0 6 84 18 44.1 48.8 50.0 6 105 18 54.8 60.1 Quality levels expressed as percent defective only 12.5 3 27 9 14.7 17.3 15.0 4 32 10 17.3 20.0 20.0 3 43 9 22.8 25.9 25.0 4 53 11 27.9 31.1 33.0 5 69 13 36.1 39.4 40.0 5 83 14 43.1 46.5 50.0 5 103 14 53.1 56.5 [43 FR 10540, Mar. 14, 1978. Redesignated at 46 FR 63203, Dec. 31, 1981] § 52.38c Statistical sampling procedures for lot inspection of processed fruits and vegetables by attributes. (a) General. (1) Sampling of the product shall be made during the production period. No grade will be assigned to individual sample units. One grade determination only will be made at the end of the production period for the inspection lot. (2) Sampling of the product shall be made when the inspection lot is located in a warehouse, truck, railroad car, or other similar conveyance. (b) Sample size. Table XI—Canned or Similarly Processed Fruits, Vegetables, and Products Containing Units of Such Size and Character as To Be Readily Separable [Lot sample size] Container size group Lot size (number of containers) Group 1: Any type container of a volume not exceeding that of a No. 303 size can 12,000 or less 12,001-39,000 39,001-84,000 84,001-145,000 Group 2: Any type of container of a volume exceeding that of a No. 303 size can but not exceeding that of a No. 3 cylinder size can 6,000 or less 6,001-19,500 19,501-42,000 42,001-72,500 Group 3: Any type of container of a volume exceeding that of a No. 3 cylinder size can, but not exceeding that of a No. 12 size can 3,000 or less 3,001-9,750 9,751-21,000 21,001-36,250 Group 4: Any type of container of a volume exceeding that of a No. 12 Convert to equivalent number of 6-lb. net weight containers and use group 3 size can. Lot inspection: Sample size (number of sample units) 6 13 21 29 Table XII—Frozen or Similarly Processed Fruits, Vegetables, and Products Containing Units of Such Size and Character as To Be Readily Separable [Lot sample size] Container size group Lot size (number of containers) Group 1: Any type of container of 1 lb or less net weight 9,600 or less 9,601-31,200 31,201-67,200 67,201-116,000 Group 2: Any type of container over 1 lb but not over 2 1 2 4,800 or less 4,801-15,600 15,601-33,600 33,601-58,000 Group 3: Any type of container over Convert to equivalent number of 2 1 2 2 1 2 Lot inspection: Sample size (number of sample units) 6 13 21 29 Table XIII—Canned, Frozen, or Otherwise Processed Fruits, Vegetables, Related Products of a Comminuted, Fluid or Homogeneous State [Lot sample size] Container size group Lot size (number of containers) Group 1: Any type of container of 1 lb or less 18,000 or less 18,001-58,500 58,501-126,000 126,001-217,000 Group 2: Any type of container exceeding 1 lb. but not exceeding 60 oz 12,000 or less 12,001-39,000 39,001-84,000 84,001-145,000 Group 3: Any type of container exceeding 60 oz but not exceeding 10 lb 6,000 or less 6,001-19,500 19,501-42,000 42,001-72,500 Group 4: Any type of container Convert to equivalent number of 6-lb. containers and use group 3. exceeding 10 lbs. Lot inspection: Sample size (number of sample units) 6 13 21 29 Table XIV—Dehydrated (Low-Moisture) Fruits, and Vegetables [Lot sample size] Container size group Lot size (number of containers) Group 1: Any type of container of 1 lb or less net weight 7,200 or less 7,201-23,400 23,401-50,400 50,401-87,000 Group 2: Any type of container over 1 lb but not over 6 lb net weight 2,400 or less 2,401-7,800 7,801-16,800 16,801-29,000 Group 3: Any type of container over 6 Convert to equivalent number of 5-lb. containers and use group 2. lbs. Lot inspection: Sample size (number of sample units) 6 13 21 29 (c) Determining compliance. (2) An inspection lot fails the requirements of a quality grade if the number of defects (or defectives) exceeds the acceptance number for one or more classes of defects. (d) Lot single sampling plans for processed fruits and vegetables. (2) AQL values of 10.0 or less may be expressed either in “defects per hundred units” or in “percent defective units.” The same sampling plans are used for both. Separate sampling plans must be used for AQL values greater than 10.0. (3) A separate lot single sampling plan is chosen for each class of defects (or defectives) by first specifying the desired AQL, the appropriate standard sample unit size, and the number of sample units as specified in § 52.38c (b) of this subpart. The quality levels associated with the Pa=50% and Pa=10% levels are given in the instructional manual. Table XV—Lot Single Sampling Plans [Standard sample unit size=6] Number of sample units 6 13 21 29 Acceptance numbers—quality levels expressed as defects per 100 units or percent defective—AQL 1.0 1 2 3 4 1.5 1 3 4 5 2.5 3 4 6 8 4.0 4 6 9 11 5.0 4 7 11 14 6.5 5 9 13 17 8.5 6 11 16 21 10.0 7 12 19 24 Quality levels expressed as defects per 100 units only 12.5 8 15 22 29 15.0 9 17 26 35 20.0 12 22 33 44 25.0 14 27 41 54 33.0 18 34 52 70 40.0 21 40 62 83 50.0 25 49 76 102 65.0 31 62 97 131 85.0 40 80 124 168 100.0 46 92 144 196 150.0 66 135 212 288 250.0 105 218 344 469 Quality levels expressed as percent defective only 12.5 8 15 22 29 15.0 9 17 25 34 20.0 11 21 33 43 25.0 13 26 39 53 33.0 16 32 50 67 40.0 19 38 59 80 50.0 23 46 72 98 Table XVI—Lot Single Sampling Plans [Standard sample unit size=13] Number of sample units 6 13 21 29 Acceptance numbers—quality levels expressed as defects per 100 units or percent defective—AQL 0.65 1 3 4 5 1.0 2 4 6 7 1.5 3 5 8 10 2.5 4 8 11 15 4.0 6 11 16 22 5.0 7 13 20 26 6.5 9 17 25 33 8.5 11 21 31 41 10.0 12 24 36 48 Quality levels expressed as defects per 100 units only 12.5 15 29 44 58 15.0 17 34 51 69 20.0 22 43 67 90 25.0 27 53 82 110 33.0 34 68 106 143 40.0 40 81 126 171 50.0 49 99 156 211 65.0 62 127 199 271 85.0 80 163 257 350 100.0 92 190 300 409 Quality levels expressed as percent defective only 12.5 15 28 43 58 15.0 17 33 51 68 20.0 21 42 65 88 25.0 26 51 80 108 33.0 32 66 103 139 40.0 38 78 123 166 50.0 46 95 150 204 Table XVII—Lot Single Sampling Plans [Standard sample unit size=25] Number of sample units 6 13 21 29 Acceptance numbers—quality levels expressed as defects per 100 units or percent defective—AQL 0.4 2 3 5 6 0.65 3 5 7 8 1.0 4 6 9 12 1.5 5 9 13 16 2.5 7 13 19 25 4.0 10 19 29 38 5.0 12 23 35 46 6.5 15 29 44 58 8.5 19 36 56 74 10.0 21 42 64 86 Quality levels expressed as defects per 100 units only 12.5 26 51 79 106 15.0 30 60 93 126 20.0 39 78 122 165 25.0 48 96 150 203 33.0 61 124 195 265 40.0 73 149 234 318 50.0 89 183 289 394 65.0 114 235 372 507 Quality levels expressed as percent defective only 12.5 25 50 78 105 15.0 30 59 92 125 20.0 38 77 120 163 25.0 46 94 148 200 33.0 59 121 191 260 40.0 70 145 228 312 50.0 85 177 281 385 Table XVIII—Lot Single Sampling Plans [Standard sample unit size=50] Number of sample units 6 13 21 29 Acceptance numbers—quality levels expressed as defects per 100 units or percent defective—AQL 0.15 1 3 4 5 0.25 2 4 5 7 0.4 3 5 8 10 0.65 4 8 11 15 1.0 6 11 16 21 1.5 8 15 22 29 2.5 12 23 35 46 4.0 18 34 53 70 5.0 21 42 64 86 6.5 27 53 82 110 8.5 34 67 105 142 10.0 39 78 122 165 Quality levels expressed as defects per 100 units only 12.5 48 96 150 203 15.0 56 114 178 242 20.0 73 149 234 318 25.0 89 183 289 394 33.0 115 239 377 514 40.0 138 287 454 620 50.0 170 355 563 769 Quality levels expressed as percent defective only 12.5 47 95 149 202 15.0 55 112 177 240 20.0 71 147 231 315 25.0 87 181 286 390 33.0 112 234 372 508 40.0 134 281 446 611 50.0 164 346 552 756 Table XIX—Lot Single Sampling Plans [Standard sample unit size=100] Number of sample units 6 13 21 29 Acceptance numbers—quality levels expressed as defects per 100 units or percent defective—AQL 0.1 2 3 5 6 0.15 3 4 6 8 0.25 4 6 9 12 0.4 5 9 13 17 0.65 7 13 20 26 1.0 10 19 29 38 1.5 14 27 41 54 2.5 21 42 64 86 4.0 32 64 99 134 5.0 39 78 122 165 6.5 49 99 156 211 8.5 63 128 200 272 10.0 73 149 234 318 12.5 89 183 289 394 15.0 105 218 344 469 20.0 138 287 454 620 25.0 170 355 563 769 33.0 221 463 736 1,008 40.0 266 558 888 1,216 50.0 329 692 1,103 1,513 Quality levels expressed as percent defective only 12.5 88 182 287 392 15.0 104 216 342 467 20.0 136 284 450 615 25.0 167 351 558 763 33.0 217 457 728 999 40.0 260 549 877 1,203 50.0 320 680 1,088 1,494 [43 FR 10542, Mar. 14, 1978. Redesignated at 46 FR 63203, Dec. 31, 1981] § 52.39 Issuance of certificate of sampling. Each inspector and each licensed sampler shall prepare and sign a certificate of sampling to cover the samples drawn by the respective person, except that in-plant inspectors who inspect the samples which they have drawn need not prepare a certificate of sampling. One copy of each certificate of sampling prepared shall be retained by the licensed sampler and the original and all other copies thereof shall be disposed of in accordance with the instructions of the Administrator. [51 FR 20445, June 5, 1986] § 52.40 Identification of lots sampled. Each lot from which officially drawn samples are selected shall be marked in such manner as may be prescribed by the Administrator, if such lots do not otherwise possess suitable identification. Fees and Charges § 52.41 Payment of fees and charges. Fees and charges for any inspection service shall be paid by the interested party making the application for such service, in accordance with the applicable provisions of the regulations in this part, and if so required by the inspection service, an advance of funds prior to rendering inspection service in an amount suitable to the Administrator, or a surety bond suitable to the Administrator, shall be required as a guarantee of payment for the services rendered. All fees and charges for any inspection service performed pursuant to the regulations in this part shall be paid by check, draft, or money order payable to the United States Department of Agriculture. Remittance shall be sent to the address specified on the bill for collection on or before the due date to avoid a late payment charge. [51 FR 20445, June 5, 1986] § 52.42 Schedule of fees. (a) For each calendar year, AMS will calculate the rate for services, per hour per program employee using the following formulas: (1) Regular rate. (2) Overtime rate. (3) Holiday rate. (b) For each calendar year, based on previous fiscal year/historical actual costs, AMS will calculate the benefits, operating, and allowance for bad debt components of the regular, overtime and holiday rates as follows: (1) Benefits rate. (2) Operating rate. (3) Allowance for bad debt rate. (c) 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. [79 FR 67321, Nov. 13, 2014] § 52.43 Fees to be charged and collected for sampling when performed by a licensed sampler. Such sampling fees as are specifically prescribed by the Administrator in connection with licensing of the particular sampler will be assessed and collected from the applicant by the office of inspection serving the area where services are performed: Provided, [48 FR 12326, Mar. 24, 1983] § 52.44 Inspection fees when charges for sampling have been collected. For any lot of processed products from which a sample in drawn by a licensed sampler and the applicable sampling fee is collected, as provided in § 52.43, the fees for the other inspection services with respect to such lot shall not include charges for sampling. [48 FR 12326, Mar. 24, 1983] § 52.45 Inspection fees when charges for sampling have not been collected. For any lot of processed products from which a sample is drawn by a licensed sampler and the sampling fee is not collected by the appropriate authority as provided in § 52.43, the fees and charges for inspection services with respect to such lot shall be the applicable fees and charges prescribed in § 52.42. [48 FR 12326, Mar. 24, 1983] § 52.46 Fee for appeal inspection. The fee to be charged for an appeal inspection shall be at the rates prescribed in this part for other inspection services: Provided, § 52.47 Changing types of service. If an applicant cancels a new year-round contract before a full year has elapsed, the applicant shall be charged the difference between the year-round rate and less than year-round rate for the full period the year-round contract was in effect. If an applicant cancels a year-round contract after a full year or more of uninterrupted service, the fee remains at the year-round rate. [59 FR 41378, Aug. 12, 1994] § 52.48 Charges for plant survey and inspection. The fees to be charged for a plant survey and inspection shall be at the rates prescribed in §§ 52.42 and 52.51. [72 FR 10037, Mar. 7, 2007] § 52.49 Charges for copies of inspection documents and/or inspection data. If the applicant for inspection service requests additional copies of inspection documents and/or inspection data referable to the processed product covered thereby, the applicant may obtain such copies from the supervisor in the office of inspection serving the area where the service was performed at a charge of 1/2 1/2 [54 FR 50732, Dec. 11, 1989] § 52.50 Travel and other expenses. Charges may be assessed to cover the cost of travel time incurred in connection with the performance of any inspection service, including appeal inspections, as described in § 52.42. This includes time spent waiting for transportation as well as time spent traveling, but not to exceed eight hours of travel time for any one person for any one day: And provided further, that if travel is by common carrier, no hourly charge may be made for travel time outside the employee's official work hours. [79 FR 67321, Nov. 13, 2014] § 52.51 Charges for inspection services on a contract basis. (a) The Administrator may enter into contracts with applicants to perform continuous inspection services or other types of inspection services pursuant to the regulations in this part and other requirements as prescribed by the Administrator in such contract, and the charges for such inspection service provided in such contracts shall be based on such basis as will reimburse the Agricultural Marketing Service of the Department for the full cost of rendering such inspection service as described in § 52.42. (b) The Administrator may enter into a written memorandum of understanding or contract, whichever may be appropriate, with any administrative agency charged with the administration of a marketing agreement or a marketing order effective pursuant to the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601 et seq. (c) Charges for year-round in-plant inspection services on a contract basis will be billed to the applicant monthly for all hours worked with a minimum of 40 hours per week for each inspector assigned to perform the inspection services. Charges for work performed in excess of an employee's regular work schedule will be calculated as described in § 52.42(a)(2). (d) Charges for less than year-round in-plant inspection services (four or more consecutive 40 hour weeks) on a contract basis will be billed to the applicant monthly for all hours with a minimum of 40 hours for each inspector assigned to perform the inspection services and will be calculated based on the formulas in § 52.42. (e) No Member of, or Delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of any contract provided for in this section or to any benefit that may arise 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. [38 FR 25168, Sept. 12, 1973. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, and further redesignated at 54 FR 50732, Dec. 11, 1989] Editorial Note: For Federal Register www.govinfo.gov. Miscellaneous § 52.53 Approved identification. (a) General. (1) Are clean, safe, and wholesome; (2) Have been produced or packed in an approved plant. (3) Are truthfully and accurately labeled. (4) When graded against a U.S. grade standard, meet the quality requirements for U.S Grade C or better; (5) Meet applicable fill weight and/or drained weight, Brix or other characteristics of a commodity related to market value; (6) Have been certified, or have been inspected and are eligible for certification, by an inspector; and, in addition, meet the specific requirements stated in (b), (c), and (d) of this section. (7) Labels and advertising material containing or referring to approved identification must be approved by USDA inspection service prior to use. (b) Inspection Continuous grade and inspection marks. Provided, And provided further, (c) In-plant inspection (other than continuous) grade and inspection marks. (d) “Approved plant-lot inspection” grade and inspection marks. (e) Sampling marks. (f) Removal of labels bearing approved grade or inspection marks. (2) The processor shall be held accountable to the Department for all mislabeled products until the products have been properly labeled. (3) Clearance for the release of the relabeled product shall be obtained, by the processor, from the inspector. (g) Licensing and identification of certain official devices. (h) Prohibited uses of approved identification. (i) Disposition of labels bearing approved grade or inspection marks when a contract is cancelled. [38 FR 25169, Sept. 12, 1973, as amended at 40 FR 48934, Oct. 20, 1975. Redesignated at 42 FR 32514, June 27, 1977 and further redesignated at 46 FR 63203, Dec. 31, 1981; 48 FR 12326, Mar. 24, 1983; 51 FR 20446, June 5, 1986; 60 FR 3533, Jan. 18, 1995] § 52.54 Debarment of services. (a) The following acts or practices, or the causing thereof, may be deemed sufficient cause for the debarment, by the Administrator, of any person, including any agents, officers, subsidiaries, or affiliates of such person, from any or all benefits of the Act for a specified period. 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 be applicable to such debarment action. (1) Fraud or misrepresentation. (i) The making or filing of an application for any inspection service; (ii) The submission of samples for inspection; (iii) The use of any inspection report or any inspection certificate, or appeal inspection certificate issued under the regulations in this part; (iv) The use of the words “Packed under continuous inspection of the U.S. Department of Agriculture,” any legend signifying that the product has been officially inspected, any statement of grade or words of similar import in the labeling or advertising of any processed product; (v) The use of a facsimile form which simulates in whole or in part any official U.S. certificate for the purpose of purporting to evidence the U.S. grade of any processed product. (2) Willful violation of the regulations in this subpart. (i) Country of origin labeling for packed honey. The use of a label or advertising material on, or in conjunction with, packaged honey that bears any official certificate of quality, grade mark or statement, continuous inspection mark or statement, sampling mark or statement, or any combination of the certificates, marks, or statements of the Department of Agriculture is hereby prohibited unless there appears legibly and permanently in close proximity (such as on the same side(s) or surface(s)) to the certificate, mark, or statement, and in at least a comparable size, the one or more names of the one or more countries of origin of the lot or container of honey, preceded by the words ‘Product of’ or other words of similar meaning. (A) A violation of the requirements of this section may be deemed by the Secretary to be sufficient cause for debarment from the benefits of the regulations governing inspection and certification only with respect to honey. (3) Interfering with an inspector, inspector's aid, or licensed sampler. [76 FR 253, Jan. 4, 2011] § 52.55 Political activity. All inspectors and licensed samplers are forbidden, during the period of their respective appointments or licenses, to take an active part in political management or in political campaigns. Political activities in city, county, State, or national elections, whether primary or regular, or in behalf of any party or candidate, or any measure to be voted upon, are prohibited. This applies to all appointees or licensees, including, but not limited to, temporary and cooperative employees and employees on leave of absence with or without pay. Wilful violation of this section will constitute grounds for dismissal in the case of appointees and revocation of licenses in the case of licensees. § 52.56 Purchase of commodity samples for review. Employees are authorized to purchase commodity samples for review. Employees must pay and obtain receipts for such purchases and keep receipts subject to inspection by supervisory or other authorized Department employees. [48 FR 12330, Mar. 24, 1983] § 52.57 Compliance with other laws. None of the requirements in the regulations in this part shall excuse failure to comply with any Federal, State, county, or municipal laws applicable to the operation of food processing establishments and to processed food products. § 52.58 Identification. Each inspector and licensed sampler shall have in his possession at all times and present upon request, while on duty, the means of identification furnished by the Department to such person. § 52.59 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. 0581-0123. (44 U.S.C. Ch. 35) [49 FR 23826, June 8, 1984] Requirements for Plants To Be Approved and for Plants Using Contract In-Plant Inspection Services 1 1 Source: Sections 52.81 through 52.83 appear at 38 FR 25170, Sept. 12, 1973, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. § 52.81 Plant survey. Prior to a plant being approved, or the inauguration of in-plant inspection services, and at such intervals as may be deemed necessary or appropriate, the Administrator will make, or cause to be made, a survey and inspection of the plant where such inspection services are to be performed to determine whether the plant and methods of operation are suitable and adequate for the performance of such service in accordance with: (a) The regulations in this part, including, but not limited to, the requirements contained in §§ 52.81 through 52.83; and (b) The terms and provisions of any contract pursuant to which the service is to be performed: Provided, § 52.82 Basis of survey and plant inspection. The plant survey and inspection will be based on the Regulations issued under the Federal Food, Drug, and Cosmetic Act—Human Foods; Good Manufacturing Practice (Sanitation) in Manufacture, Processing, Packing, or Holding (21 CFR part 110)—as may be modified or augmented by the Federal Food and Drug Administration, U.S. Department of Health, Education, and Welfare or the Administrator of the Agricultural Marketing Service. § 52.83 Reporting results of the plant survey and inauguration of inspection services. (a) Results of the plant survey shall be reported in writing to a designated plant official. (b) When the plant meets the requirements for the survey, inspection services may be inaugurated at a time mutually satisfactory to the plant management and USDA. (c) When the plant fails the requirements of the survey, contract services shall be withheld until corrective action is completed to the satisfaction of the USDA. Subpart B—United States Standards for Grades of Canned Red Tart Pitted Cherries Source: 39 FR 13963, Apr. 18, 1974, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Identity and Grades § 52.771 Identity. Canned red tart pitted cherries § 52.772 Grades. (a) “U.S. Grade A” (or “U.S. Fancy”) is the quality of canned red tart pitted cherries that have at least the following attributes: (1) At least a reasonably good color; (2) Practically free from pits; (3) Practically free from defects; (4) Good character; (5) Normal flavor and odor; and (6) Score not less than 90 points when scored in accordance with the scoring system outlined in this subpart. Canned red tart pitted cherries of this grade may contain not more than eight cherries per sample unit that are less than 9/16 (b) “U.S. Grade B” (or “U.S. Choice”) is the quality of canned red tart pitted cherries that have at least the following attributes: (1) Reasonably good color; (2) Reasonably free from pits; (3) Reasonably free from defects; (4) Reasonably good character; (5) Normal flavor and odor; and (6) Score not less than 80 points when scored in accordance with the scoring system outlined in this subpart. Canned red tart pitted cherries of this grade may contain not more than 15 cherries per sample unit that are less than 9/16 (c) “U.S. Grade C” (or “U.S. Standard”) is the quality of canned red tart pitted cherries that have at least the following attributes: (1) Fairly good color; (2) Fairly free from pits; (3) Fairly free from defects; (4) Fairly good character; (5) Normal flavor and odor; and (6) Score not less than 70 points when scored in accordance with the scoring system outlined in this subpart. There is no size requirement for canned red tart pitted cherries of this grade. (d) “Substandard” is the quality of canned red tart pitted cherries that fail to meet the requirements of “U.S. Grade C.” Liquid Media and Brix Measurements § 52.773 Liquid media and Brix measurements. (a) Brix measurement requirements for the liquid media in canned red tart pitted cherries are not incorporated in the grades of the finished product since sirup, or any other liquid medium, as such, is not a factor of quality for the purpose of the grades. The designation of liquid packing media and Brix measurements, where applicable, are as follows: Designations Brix measurements “Extra heavy sirup;” or “Extra heavily sweetened fruit juice(s) and water;” or “Extra heavily sweetened fruit juice(s).” 28° or more but not more than 45°. “Heavy sirup;” or “Heavily sweetened fruit juice(s) and water;” or “Heavily sweetened fruit juice(s).” 22° or more but less than 28°. “Light sirup;” or “Lightly sweetened fruit juice(s) and water;” or “Lightly sweetened fruit juice(s).” 18° or more but less than 22. “Slightly sweetened water;” or “Slightly sweetened fruit juice(s) and water;” or “Slightly sweetened fruit juice(s).” Less than 18°. “In water” Not applicable. “In fruit juice(s) and water.” Do. “In fruit juice(s)” Do. (b) The densities of the packing media, as listed in this section, are measured on the refractometer, expressed as percent by weight sucrose (degrees Brix) with correction for temperature to the equivalent at 20 °C. (68 °F.), but without correction for invert sugars or other substances. The Brix measurement of the packing media may be determined by any other method which gives equivalent results. (c) Brix determination is made on the packing media 15 days or more after the cherries are canned or on the blended homogenized slurry of the comminuted entire contents of the container if canned for less than 15 days. [39 FR 13963, Apr. 18, 1974, as amended at 41 FR 15020, Apr. 9, 1976. Redesignated at 42 FR 32514, June 27, 1977 and further redesignated at 46 FR 63203, Dec. 31, 1981] Fill of Container § 52.774 Fill of container. (a) FDA requirements. (b) Recommended minimum drained weights General. (2) Definitions. Sample average—Average of all the drained weights of the sample containers representing a lot. X d LL—Lower limit for individual container drained weight. (3) Method for ascertaining drained weight. (4) Compliance with recommended minimum drained weights. (i) The sample average meets the specified minimum sample average drained weight (designated as “X d (ii) The number of sample containers which fail to meet the minimum drained weight for individual containers (designated as “LL” in Table I) does not exceed the applicable acceptance number specified in Table II. (c) Recommended fill weights General. Table I—Recommended Minimum Drained Weights for Canned Red Tart Pitted Cherries Container designation Packed in water or cherry juice (ounces) Packed in any sirup or slightly sweetened water (ounces) LL Xd LL Xd No. 303 (303 × 406) 10.7 11.0 9.9 10.2 No. 303 Cylinder (303 × 509) 14.0 14.4 12.7 13.1 No. 2 (307 × 409) 13.1 13.5 12.3 12.7 No. 10 (603 × 700) 71.2 72.0 69.4 70.2 Table II—Single Sampling Plans and Acceptance Numbers Sample Size (No. of sample containers) 3 6 13 21 29 38 48 60 Acceptance numbers 0 1 2 3 4 5 6 7 (2) Definitions. Subgroup A group of sample containers representing a portion of a sample. X′ min A specified minimum lot average fill weight. LWL x Lower warning limit for subgroup averages. LRL x Lower reject limit for subgroup averages. LWL Lower warning limit for individual fill weight measurements. LRL Lower reject limit for individual fill weight measurements. R′ A specified average range value. R max A specified maximum range for subgroups. (3) Method for ascertaining fill weight. (4) Compliance with recommended fill weights. Table III—Recommended Fill Weight Values for Canned Red Tart Pitted Cherries Container designation Fill weight values in ounces X′ min LWL x LRL x LWL LRL R′ R max Sampling allowance code No. 303 12.9 12.6 12.4 12.2 11.8 0.80 1.70 F No. 303 Cylinder 16.8 16.4 16.2 15.9 15.4 1.10 2.20 H No. 2 15.8 15.4 15.2 14.9 14.4 1.10 2.20 H No. 10 86.7 85.9 85.5 85.0 84.1 2.00 4.20 P Sample Unit Size § 52.775 Sample unit size. Compliance with requirements for the size and the various quality factors is based on the following sample unit sizes for the applicable factor: (a) Size, color, pits, and character—20 ounces of drained cherries. (b) Defects (other than harmless extraneous material)—100 cherries. (c) Harmless extraneous material—The total contents of each container in the sample. Factors of Quality § 52.776 Ascertaining the grade of a sample unit. (a) General. (b) Factors rated by score points. Factors Points Color 20 Freedom from pits 20 Defects 30 Character 30 Total score 100 (c) Definition. § 52.777 Ascertaining the rating for the factors which are scored. The essential variations within each factor which is scored are so described that the value may be ascertained for each factor and expressed numerically. The numerical range within each factor which is scored is inclusive (for example, “18 to 20 points” means 18, 19, or 20 points). § 52.778 Color. (a) ( A classification. (b) ( B classification. (c) ( C classification. (d) ( SStd. classification. § 52.779 Freedom from pits. (a) General. (b) Definitions. pit, (i) A single piece of pit shell, whether or not within or attached to a whole cherry, that is larger than one-half pit shell is considered as one pit; (ii) A single piece of pit shell, whether or not within or attached to a whole cherry, that is not larger than one-half pit shell is considered as one-half pit; (iii) Pieces of pit shell, within or attached to a whole cherry, when their combined size is larger than one-half pit shell are considered as one pit; and (iv) Pieces of pit shell, within or attached to a whole cherry, when their combined size is not larger than one-half pit shell are considered as one-half pit. (2) Drained cherries (c) ( A classification. (d) ( B classification. (e) ( C classification. (f) ( SStd. classification. § 52.780 Defects. (a) General. (1) Cherry (2) Harmless extraneous material (3) Mutilated cherry (4) Minor blemished cherry 9/32 (5) Blemished cherry 9/32 (b) ( A classification. (c) ( B classification. (d) ( C classification. (e) ( SStd. classification. § 52.781 Character. (a) General. (b) ( A classification. (c) ( B classification. (d) ( C classification. (e) ( SStd. classification. Allowances for Quality Factors § 52.782 Allowances for quality factors. Table IV—Allowances for Quality Factors Factor Sample unit size Maximum number permissible for the respective grade A A B B C C Pits 20 ozs Not more than 2 in any sample unit Sample average 1 per 40 ozs Not more than 3 in any sample unit Sample average 1 per 30 ozs 4 or more in any sample unit Sample average 1 per 20 ozs. Defects: 100 cherries Total—multilated, plus minor blemished plus blemished. 10 15 20 of which Blemished—limited to 3 7 15 Harmless extraneous material Total contents Average 1 piece per 60 oz. net contents Average 1.5 pieces per 60 oz. net contents Average 3 piece per 60 oz. net contents Lot Compliance § 52.783 Ascertaining the grade of a lot. The grade of a lot of canned red tart pitted cherries covered by these standards is determined by the procedures set forth in the Regulations Governing Inspection and Certification of Processed Fruits and Vegetables, Processed Products Thereof, and Certain Other Processed Food Products (§§ 52.1 to 52.87). Score Sheet § 52.784 Score sheet for canned red tart pitted cherries. Size and kind of container Container mark or identification Label Net weight (ounces) Vacuum (inches) Drained weight (ounces) Sirup designation (extra heavy, heavy, etc.) Brix measurement Size 1 Factors Score points Color 20 (A) 18-20 (B) 16-17 (C) 2 (SStd.) 2 Freedom from pits 20 (A) 18-20 2 2 2 Freedom from defects 30 (A) 27-30 2 2 2 Character 30 (A) 27-30 (B) 2 (C) 2 (SStd.) 2 Total score 100 Normal flavor Grade 1 2 Subpart C—United States Standards for Grades of Frozen Red Tart Pitted Cherries Source: 39 FR 23235, June 27, 1974, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Product Description and Grades § 52.801 Product description. Frozen red tart pitted cherries is the food prepared from properly matured cherries of the domestic (Prunus cerasus) red sour varietal group which have been washed, pitted, sorted, and properly drained; may be packed with or without a nutritive sweetened packing medium or any other substance permitted under the Federal Food, Drug, and Cosmetic Act, and are frozen and stored at temperatures necessary for the preservation of the product. § 52.802 Grades of frozen red tart pitted cherries. (a) “U.S. Grade A” (or “U.S. Fancy”) is the quality of frozen red tart pitted cherries of which not more than five (5) cherries per sample unit may be less than 9/16 (1) Possess a good red color; (2) Are practically free from pits; (3) Are practically free from defects; (4) Have a good character; (5) Possess a normal flavor; and (6) Score not less than 90 points when scored in accordance with the scoring system outlined in this subpart. (b) “U.S. Grade B” (or “U.S. Choice”) is the quality of frozen red tart pitted cherries of which not more than ten (10) cherries per sample unit may be less than 9/16 (1) Possess a reasonably good red color; (2) Are reasonably free from pits; (3) Are reasonably free from defects; (4) Have a reasonably good character: (5) Possess a normal flavor; and (6) Score not less than 80 points when scored in accordance with the scoring system outlined in this subpart. (c) “U.S. Grade C” (or “U.S. Standard”) is the quality of frozen red tart pitted cherries that: (1) Possess a fairly good red color; (2) Are fairly free from pits; (3) Are fairly free from defects; (4) Have a fairly good character; (5) Possess a normal flavor; and (6) Score not less than 70 points when scored in accordance with the scoring system outlined in this subpart. (d) “Substandard” is the quality of frozen red tart pitted cherries that fail to meet the requirements of U.S. Grade C. Sample Unit Size § 52.803 Sample unit size. Compliance with requirements for size and the various quality factors is based on the following sample unit sizes for the applicable factor: (a) Pits, character, and harmless extraneous material—20 ounces of drained cherries. (b) Size, color, and defects (other than harmless extraneous material)—100 cherries. Factors of Quality § 52.804 Ascertaining the grade of a sample unit. (a) The grade of frozen red tart pitted cherries is determined immediately after thawing to the extent that the cherries may be separated easily and the cherries are free from ice and solidified packing media. The grade is determined by considering in addition to the requirements of the respective grade (including the requirement of the size in U.S. Grade A and U.S. Grade B), the respective ratings of the factors of color, pits, absence of defects, character, the total score, and the limiting rules which may be applicable. (b) The relative importance of each factor is expressed numerically on a scale of 100. The maximum number of points that may be given each factor is: Factors Points Color 30 Freedom from pits 20 Freedom from defects 20 Character 30 Total score 100 (c) Normal flavor § 52.805 Ascertaining the rating for each factor. The essential variations within each factor are so described that the value may be ascertained for each factor and expressed numerically. The numerical range for the rating of each factor is inclusive (for example, “27 to 30 points” means 27, 28, 29 or 30 points). § 52.806 Color. (a) (A) classification. (b) (B) classification. (c) (C) classification. (d) (SStd.) classification. § 52.807 Freedom from pits. (a) General. (b) Definitions. (i) A single piece of pit shell, whether or not within or attached to a whole cherry, that is larger than one-half pit shell is considered as one pit; (ii) A single piece of pit shell, whether or not within or attached to a whole cherry, that is not larger than one-half pit shell is considered as one-half pit; (iii) Pieces of pit shell, within or attached to a whole cherry, when their combined size is larger than one-half pit shell are considered as one pit; and (iv) Pieces of pit shell, within or attached to a whole cherry, when their combined size is not larger than one-half pit shell are considered as one-half pit. (2) Drained cherries (c) (A) classification. (d) (B) classification. (e) (C) classification. (f) (SStd.) classification. § 52.808 Freedom from defects. (a) General. (1) Cherry (2) Harmless extraneous material (3) Mutilated cherry (4) Minor blemished cherry 9/32 (5) Blemished cherry 9/32 (b) (A) classification. (c) (B) classification. (d) (C) classification. (e) (SStd.) classification. § 52.809 Character. (a) General. (b) (A) classification. (c) (B) classification. (d) (C) classification. (e) (SStd.) classification. Allowances for Quality Factors § 52.810 Allowances for quality factors. Table I—Allowances for Quality Factors Factor Sample unit size Maximum number permissible for the respective grade A B C Color: Vary markedly or undercolored. 100 cherries 12 18 25. Pits 20 ozs Not more than 2 in any sample unit. Sample average 1 per 40 ozs Not more than 3 in any sample unit. Sample average 1 per 30 ozs 4 or more in any sample unit. Sample average 1 per 20 ozs. Defects: Total-mutilated, minor blemished, and blemished of which 100 cherries 10 15 20. Blemished—limited to 3 7 15. Harmless extraneous material 20 ozs Average 1 piece per 60 oz. net contents Average 1 piece per 40 oz. net contents Average 1 piece per 20 oz. net contents. Lot Compliance § 52.811 Ascertaining the grade of a lot. The grade of a lot of frozen red tart pitted cherries covered by these standards is determined by the procedures set forth in the Regulations Governing Inspection and Certification of Processed Fruits and Vegetables, Processed Products Thereof, and Certain Other Processed Food Products (§§ 52.1 through 52.83). Score Sheet § 52.812 Score sheet for frozen red tart pitted cherries. Size and kind of container Container mark or identification Label (style of pack, ratio of fruit to sugar, etc., if shown) Net weight (ounces) Size 1 Factor Score points Color 30 (A) 27-30 (B) 2 (C) 2 (SStd.) 2 Freedom from pits 20 (A) 18-20 (B) 2 (C) 2 (SStd.) 2 Freedom from defects 20 (A) 18-20 2 (C) 2 (SStd.) 2 Character 30 (A) 27-30 (B) 2 (C) 2 (SStd.) 2 Total score 100 Normal flavor Grade 1 2 Subpart D—United States Standards for Grades of Dates Source: 20 FR 5755, Aug. 10, 1955, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Product Description, Styles, and Grades § 52.1001 Product description. Dates are the properly cured fresh fruit of the date tree (Phoenix dactylifera) which may or may not be softened by hydration. For the purposes of the standards in this subpart, dates, when referred to as “dry dates for processing,” means that the dates are dry and have not been softened by hydration. § 52.1002 Styles of dates. (a) Whole whole dates (b) Pitted pitted dates (c) Pieces date pieces (d) Macerated macerated dates § 52.1003 Grades of dates. (a) U.S. Grade A U.S. Fancy (b) U.S. Grade B U.S. Choice (c) U.S. Grade B (Dry) U.S. Choice (Dry) (d) U.S. Grade C U.S. Stand- ard (e) U.S. Grade C (Dry) U.S. Standard (Dry) (f) Substandard Factors of Quality § 52.1004 Ascertaining the grade. In addition to considering other requirements outlined in the standards, the following quality factors are evaluated: (a) Factor not related by score points. (b) Factors rated by score points. Points (1) Color 20 (2) Uniformity of size 10 (3) Absence of defects 30 (4) Character 40 Total score 100 § 52.1005 Ascertaining the rating for the factors which are scored. The essential variations within each factor which is scored are so described that the value may be ascertained for each factor and expressed numerically. The numerical range within each factor which is scored is inclusive (for example, “18 to 20 points” means 18, 19, or 20 points). § 52.1006 Color. (a) ( A classification. (b) ( B classification. (c) ( C classification. (1) Whole; pitted. (2) Pieces; macerated. (d) ( SStd classification. § 52.1007 Uniformity of size. (a) General. (b) ( A classification. (c) ( B classification. (d) ( C classification. (e) ( SStd classification. § 52.1008 Absence of defects. (a) Definitions of defects. (1) Damaged by discoloration 1/4 (2) Damaged by broken skin 3/16 (3) Damaged by checking (4) Seriously damaged by checking (5) Damaged by deformity (6) Damaged by puffiness (7) Seriously damaged by puffiness (8) Damaged by scars 3/16 (9) Damaged by sunburn 3/16 (10) Damaged by insect injury (11) Damaged by improper hydrating (12) Damaged by mashing (13) Damaged by mechanical injury (14) Damaged by lack of pollination (15) Damaged by blacknose (16) Damaged by side spot 3/16 (17) Damaged by black scald (18) Damage by improper ripening (19) Damaged by other defects (20) Affected by scouring (21) Affected by mold (22) Affected by dirt (23) Affected by insect infestation (24) Affected by foreign material (25) Affected by decay (b) ( A classification. (c) ( B classification. (d) ( C classification. (1) Whole. (2) Pitted. (3) Pieces; macerated. (e) ( SStd classification. Chart No. I—Allowances and Limitations for Defects in Whole and Pitted Dates (Other Than Whole Dry Dates for Processing); U.S. Grade A or U.S. Fancy total allowance Not more than a total of 10 percent, by weight of the dates, may be the following: Damaged by: Discoloration. Broken skin. Checking. Deformity. Puffiness. Scars. Sunburn. Insect injury. Improper hydrating. Mashing. Mechanical injury. Lack of pollination. Blacknose. Side spot. Black scald. Improper ripening. Other defects. Seriously damaged by checking. Seriously damaged by puffiness. Affected by: Souring. Mold. Dirt. Insect infestation. Foreign material. Decay. limitations Not more than 3/5 Damaged by: Side spot. Black scald. Improper ripening. Other defects. Affected by: Souring. Mold. Dirt. Insect infestation. Foreign material. Decay. Not more than 2/5 Damaged by: Improper ripening. Other defects. Affected by: Souring. Mold. Dirt. Insect infestation. Foreign material. Decay. Not more than 1/10 Affected by decay. Chart No. II—Allowances and Limitations for Defects in Whole and Pitted Dates or in Whole Dry Dates for Processing; U.S. Grade B or U.S. Choice and U.S. Grade B (Dry) or U.S. Choice (Dry) Not more than 15 percent, by weight of the dates, may be seriously damaged by checking. Not more than 20 percent, by weight of the dates, may be damaged by broken skin. additional allowance Not more than a total of 15 percent, by weight of the dates, may be the following: Damaged by: Deformity. Puffiness. Scars. Sunburn. Insect injury. Improper hydrating. Mashing. Mechanical injury. Lack of pollination. Blacknose. Side spot. Black scald. Improper ripening. Other defects. Seriously damaged by puffiness. Affected by: Souring. Mold. Dirt. Insect infestation. Foreign material. Decay. limitations Not more than 2/3 Damaged by: Lack of pollination. Blacknose. Side spot. Black scald. Improper ripening. Other defects. Affected by: Souring. Mold. Dirt. Insect infestation Foreign material. Decay. Not more than 1/3 Damaged by: Improper ripening. Other defects. Affected by: Souring. Mold. Dirt. Insect infestation. Foreign material. Decay. Not more than 1/15 Affected by decay. Chart No. III—Allowances and Limitations for Defects in Whole and Pitted Dates or in Whole Dry Dates for Processing; U.S. Grade C or U.S. Standard and U.S. Grade C (Dry) or U.S. Standard (Dry) total allowance Not more than a total of 20 percent, by weight of the dates, may be the following. Damaged by: Deformity. Scars. Sunburn. Insect injury. Improper hydrating. Mashing. Mechanical injury. Lack of pollination. Blacknose. Side spot. Black scald. Improper ripening. Other defects. Seriously damaged by puffiness Affected by: Souring. Mold. Dirt. Insect infestation. Foreign material. Decay. limitations Not more than 1/2 Damaged by: Lack of pollination Blacknose. Side spot. Black scald. Improper ripening. Other defects. Affected by: Souring. Mold. Dirt. Insect infestation. Foreign material. Decay. Not more than 1/4 Affected by Souring. Mold. Dirt. Insect infestation. Foreign material. Decay. Not more than 1/10 Affected by decay. § 52.1009 Character. (a) (A) classification. (b) (B) classification. (1) “Reasonably good character” with respect to whole or pitted dates other than whole dry dates for processing means that the dates are pliable; that not less than 75 percent, by weight, of the dates are reasonably well developed and reasonably well fleshed, or at time of packing are in a state of ripeness that within 15 days will develop into such character and the remainder may possess a fairly good character including not more than 10 percent, by weight, of the dates that may possess semi-dry calyx ends and dry calyx ends: Provided, (2) “Reasonably good character” with respect to whole dry dates for processing means that the dates may be firm and dry; that not less than 75 percent, by weight, of the dates are reasonably well developed and reasonably well fleshed and that the remainder are fairly well developed and fairly well fleshed. (c) (C) classification. (1) Whole; pitted. (ii) In whole dry dates for processing the dates may be firm and dry but are fairly well developed and fairly well fleshed. (2) Pieces; macerated. (d) (SStd) classification. Lot Inspection and Certification § 52.1010 Ascertaining the grade of a lot. The grade of a lot of the processed product covered by these standards is determined by the procedures set forth in the regulations governing inspection and certification of processed fruits and vegetables, processed products thereof, and certain other processed food products (§§ 52.1 to 52.87). [22 FR 3547, May 22, 1957. Redesignated at 42 FR 32514, June 27, 1977 and further redesignated at 46 FR 63203, Dec. 31, 1981] Score Sheet § 52.1011 Score sheet for dates. Size and kind of container Container mark or identification Label or brand Net weight Style Count (per lb.) Moisture content (if determined) One variety (□) Yes (□) No Factors Score points Color 20 (A) 18-20 (B) (B-Dry) 1 (C) (C-Dry) 1 (SStd) 1 Uniformity of size 10 (A) 9-10 1 (C) (C-Dry) 1 (SStd) 1 Absence of defects 30 (A) 27-30 1 (C) (C-Dry) 1 (SStd) 1 Character 40 (A) 36-40 (B) (B-Dry) 1 (C) (C-Dry) 1 (SStd) 1 Total score 100 Grade 1 Subpart E—United States Standards for Grades of Processed Raisins Source: 41 FR 34751, Aug. 17, 1976, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. § 52.1841 Product description. Processed Raisins are dried grapes of the Vinifera varieties, such as Thompson Seedless (Sultanina), Muscat of Alexandria, Muscatel Gordo Blanco, Sultana, Black Corinth or White Corinth. The processed raisins are prepared from clean, sound, dried grapes; are properly stemmed and capstemmed except for cluster or uncapstemmed raisins; are properly seeded in seeded styles; are sorted or cleaned, or both; and except for cluster or uncapstemmed raisins, are washed in water to assure a wholesome product. § 52.1842 Product description of Layer or (Cluster) raisins with seeds. Raisins with Seeds that are referred to as Layer or Cluster raisins § 52.1843 Summary of types (varieties) of processed raisins. (a) Type I—Seedless Raisins. (1) Natural. (2) Dipped, Vine-dried, or similarly processed raisins. (b) Type II—Golden Seedless Raisins. (c) Type III—Raisins with Seeds. (1) Natural. (i) Seeded (seeds removed). (ii) Unseeded-capstemmed (loose). (iii) Unseeded-uncapstemmed (loose). (iv) Layer (or Cluster). (2) Dipped, Vine-dried, or other similarly processed raisins. (i) Seeded (seeds removed). (ii) Unseeded-capstemmed (loose). (iii) Unseeded-uncapstemmed (loose). (d) Type IV—Sultana Raisins. (e) Type V—Zante Currant Raisins. (1) Unseeded. (2) Seeded. (f) Type VI—Mixed Types or Varieties of Raisins. A mixture of two or more different types (varieties) of raisins including sub-types outlined in this section but other than: (1) Mixtures containing Layer or Cluster Raisins with seeds; (2) Mixtures containing Unseeded-capstemmed and Unseeded-uncapstemmed Raisins with Seeds; and (3) mixture of Seeded and Unseeded Raisins with Seeds. [41 FR 34751, Aug. 17, 1976. Redesignated at 42 FR 32514, June 27, 1977 and at 46 FR 63203, Dec. 31, 1981, as amended at 63 FR 72101, Dec. 31, 1998] § 52.1844 Definition of terms. (a) Capstems 1/8 (b) A piece of stem (c) Seeds (d) Damaged raisins (e) Sugared (f) Grit, sand, or silt (g) Moisture (h) Slightly discolored 1/8 (i) Discolored 1/8 Provided, (j) Well-matured (k) Reasonably well-matured (l) Fairly well-matured (m) Substandard development (n) Undeveloped Type I—Seedless Raisins § 52.1845 Sizes of seedless raisins. The size designations and measurement requirements for the respective sizes are: (a) Select 22/64 20/64 (b) Small 24/64 22/64 (c) Mixed [41 FR 34751, Aug. 17, 1976. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 81 FR 40780, June 23, 2016] § 52.1846 Grades of seedless raisins. (a) “U.S. Grade A” is the quality of seedless raisins that have similar varietal characteristics; that have a good typical color; that have a good characteristic flavor; that show development characteristics of raisins prepared from well-matured grapes with not less than 80 percent, by weight, of raisins that are well-matured or reasonably well-matured; that contain not more than 18 percent, by weight, of moisture for all varieties of seedless raisins except the Monukka variety, which may contain not more than 19 percent, by weight, of moisture; and that meet the additional requirements outlined in table 1 to this section. (b) “U.S. Grade B” is the quality of seedless raisins that have similar varietal characteristics; that have a reasonably good typical color; that have a good characteristic flavor; that show development characteristics of raisins prepared from reasonably well-matured grapes with not less than 70 percent, by weight, of raisins that are well-matured or reasonably well-matured; that contain not more than 18 percent, by weight, of moisture for all varieties of seedless raisins except the Monukka variety, which may contain not more than 19 percent, by weight, of moisture; and that meet the additional requirements outlined in table 1 to this section. (c) “U.S. Grade C” is the quality of seedless raisins that have similar varietal characteristics; that have a fairly good typical color; that have a fairly good flavor; that show development characteristics of raisins prepared from fairly well-matured grapes with not less than 55 percent, by weight, of raisins that are well-matured or reasonably well-matured; that contain not more than 18 percent, by weight, of moisture for all varieties of seedless raisins except the Monukka variety, which may contain not more than 19 percent, by weight, of moisture; and that meet the additional requirements outlined in table 1 to this section. (d) “Substandard” is the quality of seedless raisins that fail to meet the requirements of U.S. grade C. Table 1 to § 52.1846—Allowances for Defects in Type I, Seedless Raisins and Type II, Golden Seedless Raisins Defects U.S. Grade A U.S. Grade B U.S. Grade C Maximum count (per 96 ounces) Pieces of stem 1 2 4 Maximum count (per 16 ounces) Capstems 10 15 20 Maximum (percent by weight) Sugared 5 10 15 Discolored, damaged or moldy raisins 4 6 9 Provided these limits are not exceeded: Damaged 2 3 5 Moldy 2 3 4 Total Substandard development and undeveloped: Selected size 1 1 1 2 2 Mixed size 1 2 3 Small size 2 3 5 Appearance or edibility of product Slightly discolored or damaged by fermentation or any other defect not described above May not be affected May not be more than slightly affected May not be materially affected. Grit, sand, or silt None of any consequence may be present that affects the appearance or edibility of the product Not more than a trace may be present that affects the appearance or edibility of the product. [41 FR 34751, Aug. 17, 1976. Redesignated at 42 FR 32514, June 27, 1977; 43 FR 51754, Nov. 7, 1978. Further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 81 FR 40780, June 23, 2016; 88 FR 71460, Oct. 17, 2023] Type II—Golden Seedless Raisins § 52.1847 Colors of golden seedless raisins. The color of Golden Seedless Raisins is not a factor of quality for the purpose of these grades. The color requirements applicable to the respective color designations are as follows: (a) “Well colored” means that the raisins are practically uniform in color and may range from yellow or golden to light amber color with a predominating yellow or golden color and that not more than 1/2 (b) “Reasonably well colored” means that the raisins are reasonably uniform in color and may range from yellow or golden or greenish yellow to light amber wherein the predominating color may be greenish yellow or light amber and that not more than 3 percent, by weight, of all the raisins may be definitely dark berries. (c) “Fairly well colored” means that the raisins are fairly uniform in color and may range from yellow or greenish yellow to amber or light greenish amber and that not more than 6 percent, by weight, of all the raisins may be definitely dark berries. (d) “Colored” means that the raisins may be variable in color and may range from yellowish green to dark amber or dark greenish amber; that not more than 20 percent, by weight, of all the raisins may be definitely dark berries. (e) “Definitely dark berries” means raisins which are definitely darker than dark amber and characteristic of naturally “raisined” grapes. § 52.1848 Sizes of golden seedless raisins. The size designations and measurement requirements for the respective sizes of Golden Seedless Raisins are the same as for Seedless Raisins (See § 52.1845). § 52.1849 Grades of golden seedless raisins. Except for color, the grades of Golden Seedless Raisins are the same as for Seedless Raisins (See § 52.1846 and table 1 to § 52.1846). [41 FR 34751, Aug. 17, 1976. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 88 FR 71461, Oct. 17, 2023] Type III—Raisins With Seeds § 52.1850 Sizes of raisins with seeds—except layer or cluster. The sizes of Raisins with Seeds—except for Layer or Cluster Raisins with Seeds, are not incorporated in the grades of the finished product since size, as such, is not a factor of quality for the purposes of these grades. The common size designations and measurement requirements applicable thereto include, but are not limited to, the following: (a) Seeded. Select 34/64 22/64 (2) Small 34/64 22/64 (3) Mixed (b) Unseeded. 4 Crown 42/64 (2) 3 Crown 42/64 34/64 (3) 2 Crown 34/64 24/64 (4) 1 Crown 24/64 [41 FR 34751, Aug. 17, 1976. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 81 FR 40780, June 23, 2016] § 52.1851 Sizes of raisins with seeds—layer or cluster. The size of Layer or Cluster Raisins with Seeds is incorporated in the grades of the finished product. The size designation and measurement as applicable to layer or cluster raisins with seeds are: (a) 3 Crown size or larger. 34/64 § 52.1852 Grades of raisins with seeds—except layer or cluster. (a) “U.S. Grade A” is the quality of Raisins with Seeds that have similar varietal characteristics; that have a good typical color with not more than 10 percent, by weight, that may be dark reddish-brown berries; that have a good characteristic flavor; that show development characteristics of raisins prepared from well-matured grapes; with not less than 80 percent, by weight, of raisins that are well-matured or reasonably well-matured; that contain not more than 18 percent, by weight, of moisture, except that any seeded raisins may contain not more than 19 percent, by weight, of moisture; and meet the additional requirements as outlined in table 1 to this section. (b) “U.S. Grade B” is the quality of Raisins with Seeds that have similar varietal characteristics; that have a reasonably good typical color with not more than 15 percent, by weight, that may be dark reddish-brown berries; that have a good characteristic flavor; that show development characteristics of raisins prepared from reasonably well-matured grapes; with not less than 70 percent, by weight, of raisins that are well-matured or reasonably well matured; that contain not more than 18 percent, by weight, of moisture, except that any seeded raisins may contain not more than 19 percent, by weight, of moisture; and meet the additional requirements as outlined in table 1 to this section. (c) “U.S. Grade C” is the quality of Raisins with Seeds that have similar varietal characteristics; that have a fairly good typical color with not more than 20 percent, by weight, that may be dark reddish-brown berries; that have a fairly good flavor; that show development characteristics of raisins prepared from fairly well-matured grapes; that contain not more than 18 percent, by weight, of moisture, except that any seeded raisins may contain not more than 19 percent, by weight, of moisture; and meet the additional requirements as outlined in table 1 to this section. (d) “Substandard” is the quality of Raisins with Seeds that fail to meet the requirements of U.S. Grade C. Table 1 to § 52.1852—Allowances for Defects in Raisins With Seeds—Except Layer or Cluster Defects U.S. Grade A U.S. Grade B U.S. Grade C Maximum count (per 32 ounces) Pieces of Stem 1 2 3 Maximum count (per 16 ounces) Capstems in other than uncapstemmed types 10 15 20 Seeds in seeded types 12 15 20 Loose capstems in uncapstemmed types 20 20 20 Maximum (percent by weight) Sugared 5 10 15 Discolored, damaged, or moldy 5 7 9 Provided these limits are not exceeded: Damaged 3 4 5 Moldy 2 3 4 Substandard development and undeveloped 2 5 8 Appearance or edibility of product Slightly discolored or damaged by fermentation or any other defect not described above May not be affected May not be more than slightly affected May not be more than materially affected. Grit, sand, or silt None of any consequence may be present that affects the appearance or edibility of the product Not more than a trace may be present that affects the appearance or edibility of the product. [41 FR 34751, Aug. 17, 1976. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 88 FR 71461, Oct. 17, 2023] § 52.1853 Grades of raisins with seeds—layer or cluster. (a) “U.S. Grade A” is the quality of Layer or Cluster Raisins with Seeds that have similar varietal characteristics; that have a good typical color; that have a good characteristic flavor; that are uniformly cured and show development characteristics of raisins prepared from well-matured grapes; that contain not more than 23 percent, by weight, of moisture; that not less than 30 percent, by weight, of the raisins, exclusive of stems and branches, are 3-Crown size or larger; and that meet the following additional requirements as outlined in table 1 to this section. (b) “U.S. Grade B” is the quality of Layer or Cluster Raisins with Seeds that have similar varietal characteristics that have a reasonably good typical color; that have a good characteristic flavor; that are uniformly cured and show development characteristics of raisins prepared from reasonably well-matured grapes; that contain not more than 23 percent, by weight, of the moisture, that not less than 30 percent, by weight, of the raisins exclusive of stems and branches, are 3-Crown size or larger; and that meet the additional requirements outlined in table 1 to this section. (c) “Substandard” is the quality of Layer or Cluster Raisins with Seeds that fail to meet the requirements of U.S. Grade B. Table 1 to § 52.1853—Allowances for Defects in Layer or Cluster Raisins with Seeds Defects U.S. Grade A U.S. Grade B Maximum (percent by weight) Sugared 5 10 Discolored, damaged, or moldy 5 7 Provided these limits are not exceeded: Damaged 3 4 Moldy 2 3 Substandard development and undeveloped 2 5 Shattered (or loose) individual berries and small clusters of 2 or 3 berries each Practically free Reasonably free. Appearance or edibility of product Slightly discolored or damaged by fermentation or any other defect not described above May not be affected May not be more than slightly affected. Grit, sand, or silt None of any consequence may be present that affects the appearance or edibility of the product. [41 FR 34751, Aug. 17, 1976. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 88 FR 71461, Oct. 17, 2023] Type IV—Sultana Raisins § 52.1854 Sizes of Sultana raisins. Size designations are not applicable to Sultana Raisins. § 52.1855 Grades of Sultana raisins. (a) “U.S. Grade A” is the quality of Sultana Raisins that have similar varietal characteristics; that have a good typical color; that have a good characteristic flavor; that show development characteristics of raisins prepared from well-matured grapes; with not less than 80 percent, by weight, of raisins that are well-matured or reasonably well-matured; and that contain not more than 18 percent, by weight, of moisture, and that meet the additional requirements outlined in table 1 to this section. (b) “U.S. Grade B” is the quality of Sultana Raisins that have similar varietal characteristics; that have a reasonably good typical color; that have a good characteristic flavor; that show development characteristics of raisins prepared from reasonably well-matured grapes; with not less than 70 percent, by weight, of raisins that are well-matured or reasonably well-matured; and that contain not more than 18 percent, by weight, of moisture, and that meet the additional requirements as outlined in table 1 to this section. (c) “U.S. Grade C” is the quality of Sultana Raisins that have similar varietal characteristics; that have a fairly good typical color; that have a fairly good flavor; that show development characteristics of raisins prepared from fairly well-matured grapes; that contain not more than 18 percent, by weight, of moisture; and that meet the additional requirements as outlined in table 1 to this section. (d) “Substandard” is the quality of Sultana Raisins that fail to meet the requirements of U.S. Grade C. Table 1 to § 52.1855—Allowances for Defects in Sultana Raisins Defects U.S. Grade A U.S. Grade B U.S. Grade C Maximum count (per 32 ounces) Pieces of stem 1 2 3 Maximum count (per 16 ounces) Capstems 10 15 20 Maximum (percent by weight) Sugared 5 10 15 Discolored, damaged, or moldy 4 6 9 Provided these limits are not exceeded: Damaged 2 3 5 Moldy 2 3 4 Substandard development and undeveloped 2 5 8 Appearance or edibility of product Slightly discolored or damaged by fermentation or any other defect not described above May not be affected May not be more than slightly affected May not be more than materially affected. Grit, sand, or silt None of any consequence may be present that affects the appearance or edibility of the product Not more than a trace may be present that affects the appearance or edibility of the product. [41 FR 34751, Aug. 17, 1976. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 88 FR 71461, Oct. 17, 2023] Type V—Zante Currant Raisins § 52.1856 Sizes of zante currant raisins. Size designations are not applicable to Zante Currant Raisins. § 52.1857 Grades of zante currant raisins. (a) “U.S. Grade A” is the quality of Zante Currant Raisins that have similar varietal characteristics; that have a good typical color; that have a good characteristic flavor; that show development characteristics of raisins prepared from well-matured grapes; that have not less than 75 percent, by weight, of raisins that are well-matured or reasonably well matured; that contain not more than 20 percent, by weight, of moisture; and meet the additional requirements as outlined in table 1 to this section. (b) “U.S. Grade B” is the quality of Zante Currant Raisins that have similar varietal characteristics; that have a reasonably good typical color; that have a good characteristic flavor; that have development characteristics of raisins prepared from reasonably well-matured and/or fairly well matured grapes; that contain not more than 20 percent, by weight, of moisture; and meet the additional requirements as outlined in table 1 to this section. (c) “Substandard” is the quality of Zante Currant Raisins that fail to meet the requirements of U.S. Grade B. Table 1 to § 52.1857—Allowances for Defects in Zante Currant Raisins Defects Maximum count U.S. Grade A U.S. Grade B Pieces of stem 1 per 24 ounces 1 per 16 ounces. Seeds (in Seeded style) 12 per 16 ounces 15 per 16 ounces. Maximum (percent by weight) Capstems—Zantes with capstems and loose capstems (include one Zante with each loose capstem) 1 1 2 2 Sugared 5 10 Discolored, damaged, or moldy 5 7 Provided these limits are not exceeded: Damaged 2 3 Moldy 3 4 Substandard Development and Undeveloped 2 5 Appearance or edibility of product Slightly discolored or damaged by fermentation or any other defect not described above May not be affected May not be more than slightly affected. Grit, sand, or silt None of any consequence may be present that affects the appearance or edibility of the product. [41 FR 34751, Aug. 17, 1976. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 88 FR 71461, Oct. 17, 2023] Type VI—Mixed Types of Raisins § 52.1858 Grades of mixed types or varieties of raisins. The grade of a lot of mixed types of processed raisins shall be the lower (or lowest) grade of any varietal type in the mixture based on the respective requirements for each type, except for moisture, in accordance with this subpart. Mixed types of processed raisins of U.S. Grade A, U.S. Grade B, or U.S. Grade C may contain not more than 18 percent, by weight, of moisture. Mixed types of processed raisins that as a mixture exceed 18 percent, by weight, of moisture are “Substandard.” Subpart F—United States Standards for Grades of Dried Prunes Source: 21 FR 8177, Oct. 25, 1956, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Product Description, Varietal Types, Sizes, Grades § 52.3181 Product description. Dried prunes are prepared from sound, properly matured prune plums from which the greater portion of moisture is removed by drying. The dried prunes are cleaned to assure a wholesome product; they may be treated with water or steam; and a safe and suitable preservative may be added. [30 FR 11596, Sept. 10, 1965. Redesignated at 42 FR 32514, June 27, 1977 and further redesignated at 46 FR 63203, Dec. 31, 1981] § 52.3182 Varietal types of dried prunes. (a) Type I. (b) Type II. (c) Type III. (d) Type IV. § 52.3183a Styles of dried prunes. (a) Whole Unpitted—from which pits have not been removed. (b) Whole Pitted—from which pits have been removed. [30 FR 11596, Sept. 10, 1965. Redesignated at 42 FR 32514, June 27, 1977 and further redesignated at 46 FR 63203, Dec. 31, 1981] § 52.3183b Count-sizes of whole unpitted dried prunes. (a) Count-sizes. (1) Type I; Type IV. (2) Type II. (3) Type III. (b) Recommended size nomenclature. Extra large Average: Not more than 43 prunes per pound. Large Average: Not more than 53 prunes per pound. Medium Average: Not more than 67 prunes per pound. Small Average: Not more than 85 prunes per pound. [21 FR 8177, Oct. 25, 1956. Redesignated at 30 FR 11596, Sept. 10, 1965, and further redesignated at 42 FR 32514, June 27, 1977 and 46 FR 63203, Dec. 31, 1981] § 52.3184 Grades of dried prunes. (a) “U.S. Grade A” or “U.S. Fancy” is the quality of dried prunes that, except for mixed types, possess similar varietal characteristics; that are fairly uniform in size and average 85 prunes or less per pound; that meet the applicable moisture limits in Table IV of this subpart but regardless of size and kind of packaging are reasonably uniform in moisture; and that do not exceed the total allowances and limitations for defects shown in Table I of this subpart. (b) “U.S. Grade B” or “U.S. Choice” is the quality of dried prunes that, except for mixed types, possess similar varietal characteristics; that are fairly uniform in size; that meet the applicable moisture limits in Table IV of this subpart but regardless of size and kind of packaging are reasonably uniform in moisture; and that do not exceed the total allowances and limitations for defects shown in Table II of this subpart. (c) “U.S. Grade C” or “U.S. Standard” is the quality of dried prunes that, except for mixed types, possess similar varietal characteristics; that are fairly uniform in size; that meet the applicable moisture limits in Table IV of this subpart but regardless of size and kind of packaging are reasonably uniform in moisture; and that do not exceed the total allowances and limitations for defects shown in Table III of this subpart (d) “Substandard” is the quality of dried prunes that meet the applicable moisture limits in Table IV of this subpart but regardless of size and kind of packaging are reasonably uniform in moisture; and that may fail to meet other requirements for U.S. Grade C or U.S. Standard, but not more than 5 percent, by weight, of the dried prunes may be affected by mold, dirt, foreign material, insect infestation, or decay: Provided, Table I—U.S. Grade A or U.S. Fancy; Allowances for Defects Total allowance Limitations Not more than a total of 10 percent, by weight, may be damaged or affected by: Not more than 6 percent, by weight, may be damaged or affected by: Not more than 3 percent, by weight, may be affected by: Not more than 1 percent, by weight, may be affected by: Off-color. Poor texture. Mold. Decay. Poor texture. End cracks. Dirt. End cracks. Skin or flesh Foreign material. Skin or flesh damage. 2 damage. 2 Insect infestation. Fermentation. Scars. Scars. Heat damage. Heat damage. Insect injury. Insect injury. Other means. Other means. Mold. Mold. Dirt. Dirt. Foreign material. Foreign material. Insect infestation. Inset infestation. Decay. Decay. Table II—U.S. Grade B or U.S. Choice: Allowances for Defects Total allowance Limitations Not more than a total of 15 percent, by weight, may be damaged or affected by: Not more than 8 percent, by weight, may be damaged or affected by: Not more than 4 percent, by weight, may be affected by: Not more than 1 percent, by weight, may be affected by: Off-color. Poor texture. Mold Decay. Poor texture. End cracks. Dirt. End cracks. Skin or flesh. Foreign material. Skin or flesh damage. 2 Inset infestation. damage. 2 Fermentation. Decay. Fermentation. Scars. Scars. Heat damage. Heat damage. Inset injury. Insect injury. Other means. Other means. Mold. Mold. Dirt Dirt. Foreign material. Foreign material. Insect infestation. Insect infestation. Decay. Decay. Table III—U.S. Grade C or U.S. Standard Allowances for Defects Total allowance Limitations Not more than a total of 20 percent, by weight, may be damaged or affected by: Not more than 10 percent, by weight, may be damaged or affected by: Not more than 8 percent, by weight, may be damaged or affected by: Not more than 5 percent, by weight, may be affected by: Off-color. End cracks. 1 Skin or flesh Mold. Poor texture. Skin or flesh damage. 2 Dirt. End cracks. 1 damage. 2 Fermentation. Foreign material. Skin or flesh damage. 2 Fermentation. Scars. Insect infestation. Fermentation. Scars. Heat damage. Insect injury. Provided, Other means. Mold. Dirt. Mold. Dirt. Foreign material. Dirt. Foreign material. Insect infestation. Foreign material. Insect infestation. Decay. Insect infestation. Decay. Decay. 1 1 2 2 Table IV—Moisture Allowances for Dried Prunes [Non-hermetically sealed containers; 10 pounds or more] Grades Maximum moisture limits (percent) Counts averaging 60 or less per pound Counts averaging 61 or more per pound U.S. Grade A or U.S. fancy 25 24 U.S. Grade B or U.S. choice 25 24 U.S. Grade C or U.S. standard 25 24 Substandard 25 24 [21 FR 8177, Oct. 25, 1956, as amended at 30 FR 11596, Sept. 10, 1965. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981] Moisture, Uniformity of Size, Defects § 52.3185 Moisture limits. Dried prunes shall not exceed the moisture limits for the applicable grades and kind and size of packaging as designated in Table IV of this subpart except there is no moisture limit when safe and suitable preservatives have been added. “Moisture” means the percentage by weight of the finished dried prunes, exclusive of pits, that is moisture when determined by the Dried Fruit Moisture Tester Method or in accordance with methods that give equivalent results. The moisture limits in Table IV apply only to so-called “bulk packs” of dried prunes packaged in non-hermetically sealed containers holding 10 pounds or more of dried prunes when safe and suitable preservatives have not been added. Such containers include, but are not limited to, wood boxes or fiber boxes. [30 FR 11596, Sept. 10, 1965. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981] § 52.3186 Definitions for uniformity of size. (a) Fairly uniform in size. (1) For prunes that average 53 prunes or less per pound, the count per pound of 10 ounces of the smallest prunes does not vary from the count per pound of 10 ounces of the largest prunes by more than 25 points; or (2) For prunes that average 54 prunes or more per pound, the count per pound of 10 ounces of the smallest prunes does not vary from the count per pound of 10 ounces of the largest prunes by more than 45 points. § 52.3187 Definitions and explanations of defects. Dried prunes damaged or affected by the following are scorable as defects: (a) Off-color. (b) Poor texture. (c) End cracks. 3/8 1/2 (d) Skin or flesh damage. (1) Callous growth cracks (other than callous apex-end cracks) which, singly or in the aggregate on a prune, exceed 3/8 1/2 (2) Splits or skin breaks not having callous edges when the flesh is mashed out beyond the protecting skin so as to affect materially the normal appearance of the prune; (3) Any cracks, splits, or skin breaks open to the pit; (4) Any skin damage from multiple short skin breaks giving a very “rough” appearance to the prune such as may result from over-dipping, rain damage, processing, or other causes which in Type I dried prunes affect materially the appearance or edibility of the prune, or which in other types or other mixtures affect markedly the appearance or edibility of the prune. (e) Fermentation. (f) Scars. (1) Tough or thick scab which, singly or in combination on a prune, exceeds the area of a circle 3/8 (2) Scab which is not tough or thick and which, singly or in combination on a prune, exceeds the area of a circle 3/4 (g) Heat damage. (h) Insect injury. (i) Other means. (j) Mold. 3/16 (k) Dirt. (l) Foreign material. (m) Insect infestation. (n) Decay. [21 FR 8177, Oct. 25, 1956, as amended at 30 FR 11596, Sept. 10, 1965. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981] Work Sheet § 52.3188 Work sheet for dried prunes. Size and kind of container Container mark or identification Label or brand Varietal type Style Size: Count per pound (Average) Uniformity ( ) Extra large ( ) Large ( ) Medium ( ) Small Moisture content percent; Uniformity Varietal characteristics: ( ). Similar. ( ) Dissimilar. Defects and summary of allowances 1 Grade A maximum Grade B maximum Grade C maximum Substandard maximum Total of all defects, including off-color 10 percent 15 percent No limit except as indicated below. Total of all defects, including off-color and poor texture 20 percent Poor texture, end cracks, skin or flesh damage, 3 But no more than 6 percent But no more than 8 percent End cracks, 2 3 10 percent 2 Skin or flesh damage, 3 But no more than 8 percent Mold, dirt, foreign material, insect infestation, decay 3 percent 4 percent 5 percent 5 percent. Decay But no more than 1 percent But no more than 1 percent But no more than 1 percent But no more than 1 percent. Total U.S. Grade (including all factors) 1 2 1 2 3 [21 FR 8177, Oct. 25, 1956, as amended at 30 FR 11596, Sept. 10, 1965. Redesignated at 42 FR 32514, June 27, 1977 and at 46 FR 63203, Dec. 31, 1981] Subpart G—United States Standards for Grades of Canned Ripe Olives Source: 42 FR 38585, July 29, 1977, unless otherwise noted. Redesignated at 46 FR 63203, Dec. 31, 1981. Product Description, Types, Styles, and Grades § 52.3751 Product description. Canned ripe olives are prepared from properly matured olives which have first been properly treated to remove the characteristic bitterness; are packed in a solution of sodium chloride, with or without spices, and are sufficiently processed by heat in hermetically sealed containers. Canned olives which are not oxidized in processing and which possess a tan to light bronze color indicative of preparation from olives of advanced maturity and commonly referred to as “tree-ripened” or “home-cured” are not covered by the standards in this subpart. § 52.3752 Types of canned ripe olives. Canned ripe olives are processed as two distinct types. Unless a specific type is stated in this subpart, “canned ripe olives” refers to olives of either “ripe-type” or “green-ripe type.” (a) Ripe type. (b) Green-ripe type. § 52.3753 Styles of canned ripe olives. (a) Whole. (b) Pitted. (c) Halved. (d) Segmented. (e) Sliced. (f) Chopped. (g) Broken pitted. § 52.3754 Size designations for whole and pitted styles. (a) General. (2) Diameters of canned whole and pitted ripe olives are determined by measuring the smallest diameters at the largest circumferences at right angles to the longitudinal axes of the olives. The longitudinal axis is a line running from the stem to the apex of the olive. (b) Size determination. [42 FR 38585, July 29, 1977, as amended at 46 FR 39564, Aug. 4, 1981. Redesignated at 46 FR 63203, Dec. 31, 1981, and amended at 48 FR 41012, Sept. 13, 1983] § 52.3755 Minimum drained weights. (a) General. (2) The minimum drained weights are based on equalization of the product 30 days or more after the product has been canned. (b) Method for determining drained weight. (c) Compliance with minimum drained weights. (1) The average of the drained weights from all the sample units in the sample is equal to or greater than the acceptance value for drained weights for the size (designated as “X 2 (2) There shall be no unreasonable shortage in any individual container. Table II—Acceptance Values for Drained Weights—Whole 211 × 304 300 × 407 603 × 700 X X X X X X Small 4.5 127.5 7.75 219.7 66.0 1871.1 Medium 4.5 127.5 7.75 219.7 66.0 1871.1 Large 4.5 127.5 7.75 219.7 66.0 1871.1 Extra large 4.5 127.5 7.5 212.6 66.0 1871.1 Jumbo 4.0 113.4 7.25 205.5 64.0 1814.4 Colossal 4.0 113.4 7.25 205.5 64.0 1814.4 Super colossal 4.0 113.4 7.25 205.5 64.0 1814.4 Table II—Acceptance Values for Drained Weights—Pitted 211 × 304 300 × 407 603 × 700 X X X X X X Small 3.25 92.1 6.0 170.1 51.0 1445.8 Medium 3.25 92.1 6.0 170.1 51.0 1445.8 Large 3.5 99.2 6.0 170.1 51.0 1445.8 Extra large 3.5 99.2 6.0 170.1 51.0 1445.8 Jumbo 3.25 92.1 5.75 163.0 49.0 1389.1 Colossal 3.25 92.1 5.75 163.0 49.0 1389.1 Super colossal 3.25 92.1 5.75 163.0 49.0 1389.1 Table III—Acceptance Value for Drained Weights (Ounces) Water capacity oz. avdp. Halved, segmented, sliced Chopped X d LL X d LL 200 × 214 2.3 1.9 4.2 3.9 211 × 200 4.9 2.3 1.9 4.2 3.9 305 × 109 3.0 2.6 5.5 5.2 307 × 113 3.0 2.6 5.5 5.2 211 × 304 8.65 3.8 3.4 7.6 7.2 No. 300 (300 × 407) 15.2 6.5 6.1 13.3 12.7 No. 10 (603 × 700) 109.45 55.0 53.4 90.0 87.8 No. 10 (brine pack) 64.0 62.4 Broken Pitted No. 300 (300 × 407) 15.2 5.6 4.7 No. 10 (603 × 700) 109.45 51.0 48.8 Table III—Acceptance Value for Drained Weights (Grams) Water capacity Halved, segmented, sliced Chopped X d LL X d LL 200 × 214 65.2 53.9 119.1 110.6 211 × 200 138.9 65.2 53.9 119.1 110.6 305 × 109 85.0 73.7 155.9 147.4 307 × 113 85.0 73.7 155.9 147.4 211 × 304 245.2 107.7 96.4 215.4 204.1 No. 300 (300 × 407) 430.9 184.2 172.9 377.0 360.0 No. 10 (603 × 700) 3102.8 1559.2 1513.8 2551.4 2489.0 No. 10 (brine pack) 1814.3 1769.0 Broken Pitted No. 300 (300 × 407) 430.9 158.8 133.2 No. 10 (603 × 700) 3102.8 1445.8 1383.4 [42 FR 38585, July 29, 1977; 42 FR 44542, Sept. 6, 1977, as amended at 46 FR 39566, Aug. 4, 1981. Redesignated at 46 FR 63203, Dec. 31, 1981] § 52.3756 Grades of canned ripe olives. (a) U.S. Grade A Provided, Provided, (b) U.S. Grade B Provided, (c) U.S. Grade C Provided, (d) Substandard [42 FR 38585, July 29, 1977. Redesignated at 46 FR 63203, Dec. 31, 1981, and amended at 48 FR 41013, Sept. 13, 1983] § 52.3757 Standard sample unit size. Compliance with requirements for the various quality factors except “size designation” is based on the following standard sample unit size for the applicable style: (a) Whole and pitted (b) Halved (c) All other styles § 52.3758 Determining the grade of a sample unit. (a) General. (1) Factors not rated by score points. (2) Factors rated by score points. Points (i) Color 30 (ii) Absence of defects 40 (iii) Character 30 Total score 100 (b) Definition of flavor Good flavor. (ii) “Good Flavor” in green-ripe type means a distinctive mellow flavor characteristic of green-ripe type olives which have been properly prepared and processed and which are free from objectionable flavors of any kind. (2) Reasonably good flavor. § 52.3759 Determining the rating for the factors which are scored. The essential variations within each factor which is scored are so described that the value may be determined for each factor and expressed numerically. The numerical range within each factor which is scored is inclusive (for example “27 to 30 points” means 27, 28, 29, and 30 points). § 52.3760 Color. (a) General. (b) Color measurement of ripe type. (c) Composite color standards. (d) Color appearance of green-ripe type. (e) The USDA spinning color discs and the USDA composite color standards cited in paragraphs (b) and (c) of this section are available from the USDA licensed supplier: Munsell Color Company, Inc., 2441 North Calvert Street, Baltimore, Md. 21218. (f) Grade A. (1) Ripe type Whole; pitted; halved. 1/2 1/2 (ii) Segmented; sliced, chopped. (2) Green-ripe type. (g) Grade B. (1) Ripe type Whole; pitted; halved. (ii) Segmented; sliced; chopped. (2) Green-ripe type. (h) Grade C. (1) Ripe type Whole; pitted; halved. (ii) Segmented; sliced; chopped. (iii) Broken pitted. (2) Green-ripe type. (i) Substandard (SStd.). § 52.3761 Defects. (a) General. (b) Definition of defects Blemishes (i) Minor blemishes (ii) Major blemishes (iii) Severe blemishes (2) Blowout (3) Broken piece (4) Cross pitted (5) Harmless extraneous vegetable material. (6) Mechanically damaged (7) Misshapen (8) Mutilated (9) Obvious split pit (10) Pitter damage (11) Plunger damage (12) Stem (i) Minor stem (ii) Major stem (iii) Detached stem, (13) Wrinkles (i) Minor wrinkles (ii) Major wrinkles (c) Grade A. (d) Grade B. (e) Grade C. (f) Substandard (SStd.). Table IV—Limits for Defects In Grade A Whole per 50 olives Pitted per 50 olives Halved per 100 halves Segmented per 255 g (9 oz) Sliced per 255 g (9 oz) Chopped per 255 g (9 oz) HEVM, HEM, or EVM 1 1 1 Practically free Practically free Practically free. Stems: Minor and major stems incl. 2 2 2 Major stems 1 1 1 Practically free Practically free Practically free. Minor and major blemishes, minor and major wrinkles and mutilated 5 5 10 Practically free Practically free Practically free. Provided: Major blemishes, major wrinkles do not exceed 2 2 5 Further Provided: Multilated do not exceed 1 1 Broken pieces and poorly cut units 8 Practically free Practically free Mechanical damage 2 2 5 Blowouts, cross pitted, plunger and pitter damage 5 Obvious split pit or misshapen 2 Severe blemishes (green-ripe type only) 0 0 0 Table V—Limits for Defects in Grade B Whole per 50 olives Pitted per 50 olives Halved per 100 halves Segmented per 255 g (9 oz) Sliced per 255 g (9 oz) Chopped per 255 g (9 oz) HEVM, HEM or EVM 1 1 1 Reasonably free Reasonably free Reasonably free. Stems: Minor and major stems incl. 3 3 3 Major stems 1 1 1 Reasonably free Reasonably free Reasonably free. Minor and major blemishes, minor and major wrinkles and mutilated 10 10 20 Reasonably free Reasonably free Reasonably free. Provided: Major blemishes, major wrinkles do not exceed 5 5 10 Further provided: Mutilated do not exceed 2 2 Broken pieces and poorly cut units 15 Reasonably free Reasonably free Mechanical damage 5 5 10 Blowouts, cross pitted, plunger and pitter damage 10 Obvious split pit or misshapen 5 Severe blemishes (green-ripe type only) 0 0 0 Table VI—Limits for Defects in Grade C Whole per 50 olives Pitted per 50 olives Halved per 100 halved Segmented per 255 g (9 oz.) Sliced per 255 g (9 oz.) Chopped per 255 g (9 oz.) Broken Pitted per 255 g (9 oz.) HEVM, HEM, or EVM 1 1 1 Fairly free Fairly free Fairly free 2 Minor and major stems inclusive 4 4 4 Major stems 2 2 2 Fairly free Fairly free Fairly free 4 Minor, major blemishes, major, minor wrinkles No limit No limit No limit Fairly free Fairly free Fairly free No limit. Provided: Major blemishes, major wrinkles do not exceed 13 13 25 51 g 1 Further Provided: Multilated, major blemish and major wrinkles do not exceed 15 15 30 Multilated do not exceed 5 5 10 No limit. Broken pieces and poorly cut units 25 Fairly free Fairly free Mechanical damage 10 10 20 Blowouts, cross pitted, plunger and pitter damaged 15 Obvious split pit or misshapen No limit Severe blemishes (green-ripe type only) 3 3 3 0 0 0 1 [48 FR 41013, Sept. 13, 1983] § 52.3762 Character. (a) General. (b) Grade A. (c) Grade B. 1/2 (d) Grade C. 1/2 (e) Substandard SStd § 52.3763 Determining the grade of a lot. The grade of a lot of canned ripe olives covered by these standards is determined by the procedures set forth in the Regulations Governing Inspection and Certification of Processed Fruits and Vegetables, Processed Products Thereof, and Certain Other Processed Food Products (§§ 52.1 through 52.83). § 52.3764 Score sheet. Number, size and kind of container Label (including size declaration) Container mark or identification Net weight (ounces) Vacuum (inches) Drained weight (ounces) Size Style Average count per pound (whole style) Factors Score points Color 30 (A) 27-30 (B) 24-26 (C) 1 (SStd.) 1 Absence of defects 40 (A) 36-40 1 (C) 1 (SStd.) 1 Character 30 (A) 27-30 (B) 1 (C) 1 (SStd.) 1 Total Score 100 Flavor: ( ) Good ( ) Reasonably good ( ) Off Grade −−s0 1

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