PART 999—SPECIALTY CROPS; IMPORT REGULATIONS Authority: 7 U.S.C. 601-674. § 999.1 Regulation governing the importation of dates. (a) Definitions. Dates in retail packages (2) Dates for packaging (3) Bulk container (4) Dates for processing (5) Dates prepared or preserved (6) Person (7) USDA inspector (8) Inspection certificate (9) Importation (b) Grade requirements. Provided, And provided further, (2) Compliance with the grade requirements shall be determined on the basis of an inspection and certification by a USDA inspector. (c) Inspection and certification requirements Inspection. (2) Certification. (i) The date and place of inspection. (ii) The name of the applicant. (iii) The Customs entry number pertaining to the lot or shipment covered by the certificate; (iv) The variety, quantity, and identifying marks of the lot inspected. (v) The statement, if applicable: “Meets U.S. import requirements under section 8e of the AMA Act of 1937”. (vi) If the lot fails to meet the import requirements, a statement to that effect and the reasons therefor. (d) Exemptions. (2) The grade, size, quality, and maturity requirements of this section shall not apply to dates which are donated to needy persons, prisoners, or Native Americans on reservations; dates for processing; or dates prepared or preserved, but all such dates shall be subject to the safeguard provisions contained in § 999.500. (3) Dates for packaging or dates in retail packages that fail to meet the grade, size, quality, and maturity requirements of this section may be reclassified as dates for processing for importation, but such dates shall be subject to the safeguard provisions contained in § 999.500. (e) Reconditioning. (f) Books and records. (g) Other restrictions. (h) Compliance. [28 FR 3469, Apr. 10, 1963, as amended at 31 FR 960, Jan. 25, 1966; 33 FR 15986, Oct. 31, 1968; 36 FR 6736, Apr. 8, 1971; 58 FR 69190, Dec. 30, 1993; 74 FR 2808, Jan. 16, 2009; 80 FR 15678, Mar. 25, 2015; 81 FR 87412, Dec. 5, 2016; 88 FR 82236, Nov. 24, 2023] § 999.100 Regulation governing imports of walnuts. Link to an amendment published at 90 FR 45317, Sept. 22, 2025. This amendment is stayed indefinitely at 90 FR 45317, Sept. 22, 2025. (a) Definitions. Walnuts (2) Inshell walnuts (3) Shelled walnuts (4) Person (5) USDA Inspector (6) Importation of walnuts (b) Grade and size regulations. (1) Inshell walnuts. (2) Shelled walnuts. 6/64 (c) Inspection and certification. (2) Each inspection certificate shall set forth among other things the following: (i) The date and place of inspection; (ii) The name of the applicant; (iii) The name of the importer; (iv) The Customs entry number pertaining to the lot or shipment covered by the certificate; (v) The quantity and identifying marks of the container; and (vi) The statement, if applicable, “Meets U.S. import requirements under section 8e of the Agricultural Marketing Agreement Act of 1937”. (3) Whenever walnuts are offered for inspection, the applicant shall furnish any labor and pay any costs incurred in moving and opening containers as may be necessary for proper sampling and inspection. The applicant shall also furnish the USDA inspector the entry number and such other identifying information for each lot as he may request. (4) Inspection must be completed prior to the importation of walnuts. (d) Reconditioning prior to importation. (e)(1) Minimum quantity. (2) Exemptions. (f) Other import requirements. (g) Compliance. [29 FR 230, Jan. 9, 1964, as amended at 40 FR 29263, July 11, 1975; 41 FR 2075, Jan. 14, 1976; 42 FR 35146, July 8, 1977; 58 FR 69190, Dec. 30, 1993; 74 FR 2809, Jan. 16, 2009; 85 FR 12296, Mar. 6, 2020; 88 FR 82236, Nov. 24, 2023] § 999.200 Regulation governing the importation of prunes. (a) Definitions. Prunes (2) Pitted prunes (3) Macerated prunes (4) Standard prunes (5) Standard pitted prunes (6) Standard pitted macerated prunes (7) Manufacturing grade substandard prunes (8) Size (9) Person (10) Specialty Crops Program (11) USDA inspector (12) Importation (13) Undersized prunes (b) Grade and size requirements. (2) No person may import any lot of pitted prunes or pitted macerated prunes for human consumption as pitted or pitted macerated prunes unless the lot meets the applicable minimum grade requirements set forth in § 999.200 (exhibit A), except that skin or flesh damage shall not be scored as a defect in determining whether the prunes meet the grade requirements. Pitted and pitted macerated prunes shall not be subject to size and undersized requirements. (3) No person may import any lot of pitted prunes for human consumption as pitted prunes unless the lot does not exceed an average of 0.5 percent by count of prunes with whole pits and/or pit fragments 2 mm or longer and four of ten subsamples examined have no more than 0.5 percent by count of prunes with whole pits and/or pit fragments 2 mm or longer. (4) No person may import any lot of pitted macerated prunes for human consumption as pitted macerated prunes unless the lot does not exceed an average of 2 percent by count of prunes with whole pits and/or pit fragments 2 mm or longer; and four of ten subsamples examined have no more than 2 percent by count with whole pits and/or pit fragments 2 mm or longer. (5) Any person may import any lot of prunes, except any lot containing undersized prunes, pitted prunes or pitted macerated prunes, into the United States for use in human consumption outlets as prune products in which the prunes lose their form and character as prunes by conversion prior to consumption if the prunes are inspected and an inspection certificate issued with respect thereto, and each lot meets the grade requirements set forth in paragraphs (1), (2), and (3) of exhibit A of this section, and the importer first files as a condition of such importation an executed Form SC-6—‘Importer's Exempt Commodity Form.’. (c) Inspection and certification requirements Inspection. (2) Certification. (i) The date and place of inspection. (ii) The name of the applicant. (iii) The Customs entry number pertaining to the lot or shipment covered by the certificate; (iv) The quantity and identifying marks of the lot inspected. (v) The statement, as applicable: “Meets U.S. import requirements for standard prunes, standard pitted and standard pitted macerated prunes under section 8e of the AMA Act of 1937”; “Meets U.S. import requirements for manufacturing grade substandard prunes under section 8e of the AMA Act of 1937”; or “Fails to meet U.S. import requirements for prunes under section 8e of the AMA Act of 1937”. (vi) If the lot fails to meet the import requirements, a statement of the reason therefor. (d) Exemptions. (e) Additional requirements General. (2) Manufacturing Grade Substandard Prune—sale by other than importer. (f) Reconditioning. (g) Books and records. (h) Other restrictions. (i) Compliance. Exhibit A grade requirements A. Defects. B. Explanation of terms. Off-color (2) Inferior meat condition (3) End cracks 3/8 1/2 (4) Fermentation (5) Skin or flesh damage (a) Callous growth cracks, except end cracks as defined in this section, aggregating more than three-eighths of one inch ( 3/8 (b) Splits or skin breaks exposing flesh and materially affecting the normal appearance of the prunes; (c) Any cracks, splits, or breaks open to the pit; (d) Healed or unhealed surface or flesh blemishes caused by insect injury and which materially affect appearance, edibility or keeping quality. (6) Scab 3/8 3/4 (7) Burned (8) Mold (9) Imbedded dirt (10) Insect infestation C. Maximum tolerances. (1) There shall be no tolerance allowance for live insect infestation. (2) The tolerance allowances for decay shall not exceed one percent (1%). (3) The combined tolerance allowance for mold, brown rot, imbedded dirt, insect infestation, and decay shall not exceed five percent (5%), and, within such tolerance, brown rot shall not exceed three percent (3%). (4) The combined tolerance allowance for fermentation, skin or flesh damage, scab, burned, mold, imbedded dirt, insect infestation, and decay shall not exceed eight percent (8%). (5) The combined tolerance allowance for end cracks, fermentation, skin or flesh damage, scab, burned, mold, imbedded dirt, insect infestation, and decay shall not exceed ten percent (10%), except that the first eight percent (8%) of end cracks shall be given one-half value and any additional percentage of end cracks shall be given full value. (6) The combined tolerance allowance for off-color, inferior meat condition, end cracks, fermentation, skin or flesh damage, scab, burned, mold, imbedded dirt, insect infestation, and decay shall not exceed fifteen percent (15%), except that the first eight percent (8%) of end cracks shall be given one-half value and any additional percentage of end cracks shall be given full value. [36 FR 18782, Sept. 22, 1971, as amended at 47 FR 47230, Oct. 25, 1982; 57 FR 56245, Nov. 27, 1992; 59 FR 38113, July 27, 1994; 60 FR 57910, Nov. 24, 1995; 74 FR 2809, Jan. 16, 2009; 88 FR 82236, Nov. 24, 2023] Effective Date Note: At 74 FR 2809, Jan. 16, 2009, § 999.200 was suspended indefinitely. At 88 FR 82236, Nov. 24, 2023, the suspension was lifted, amendments were made to § 999.200, and the section was stayed indefinitely. § 999.300 Regulation governing importation of raisins. (a) Definitions. (1) Raisins (2) Varietal type (3) Thompson Seedless Raisins (4) Person (5) USDA inspector (6) Importation of raisins (b) Grade and size requirements. (1) With respect to Thompson Seedless and Other Seedless-Sulfured raisins—the requirements of U.S. Grade C as defined in the effective United States Standards of Grades of Processed Raisins (§§ 52.1841 through 52.1858 of this title): Provided, (2) With respect to Muscat raisins—the requirements of U.S. Grade C as defined in said standards; (3) With respect to Layer Muscat raisins—the requirements of U.S. Grade B as defined for “Layer or Cluster Raisins with Seeds” in said standards, except for the provisions therein relating to moisture content; (4) With respect to Currant raisins—the requirements of U.S. Grade B as defined in said standards; (5) With respect to Monukka and Other Seedless raisins—the requirements for Thompson Seedless Raisins prescribed in paragraph (b)(1) of this section, except that the tolerance for moisture shall be 19 percent rather than 18 percent; (6) With respect to Golden Seedless raisins—the requirements prescribed in paragraph (b)(1) of this section for Thompson Seedless raisins and the color requirements for “colored” as defined in said standards. (c) Inspection and certification requirements. (2) Each lot of raisins inspected in accordance with paragraph (c)(1) of this section shall be covered by an inspection certificate. Each such certificate shall set forth, among other things, the following: (i) The date and place of inspection; (ii) The name of the applicant; (iii) The name of the importer; (iv) The Customs entry number pertaining to the lot or shipment covered by the certificate; (v) The quantity and identifying marks of the lot inspected; (vi) The statement, as applicable, “Meets U.S. import requirements under section 8e of the AMA Act of 1937” or “Fails to meet U.S. import requirements under section 8e of the AMA Act of 1937”; and (vii) If the lot fails to meet the import requirements, a statement of the reasons therefor. (3) Whenever raisins are offered for inspection, the applicant shall furnish any labor and pay any costs incurred in moving and opening containers as may be necessary for proper sampling and inspection. The applicant shall also furnish the USDA inspector the entry number and such other identifying information for each lot as the inspector may request. (d) Reconditioning. (e) Exemptions. (2) Any lot of raisins which does not meet the applicable grade and size requirements of paragraph (b) of this section may be imported for use in the production of alcohol, syrup for industrial use, or any lot of raisins which does not meet such requirements with respect to mechanical damage or sugaring may be imported for use in the production of raisin paste, but all such raisins shall be subject to the safeguard provisions contained in § 999.500. (f) Books and records. (g) Other restriction. (h) Compliance. [37 FR 5282, Mar. 14, 1972, as amended at 37 FR 13635, July 12, 1972; 37 FR 23820, Nov. 9, 1972; 41 FR 52646, Dec. 1, 1976; 43 FR 47972, Oct. 18, 1978; 43 FR 57863, Dec. 11, 1978; 45 FR 65513, Oct. 3, 1980; 47 FR 51731, Nov. 17, 1982; 50 FR 45808, Nov. 4, 1985; 53 FR 34715, Sept. 8, 1988; 67 FR 57505, Sept. 11, 2002; 74 FR 2809, Jan. 16, 2009; 80 FR 15678, Mar. 25, 2015; 81 FR 84403, Nov. 23, 2016; 85 FR 12296, Mar. 6, 2020; 88 FR 82237, Nov. 24, 2023] § 999.400 Regulation governing the importation of filberts. (a) Definitions. Filberts (2) Inshell filberts (3) Shelled filberts (4) Person (5) USDA inspector (6) Importation (b) Grade and size requirements. (1) Inshell filberts. (2) Shelled filberts. (c) Inspection and certification requirements General. (2) Inspection. (3) Certification. (i) The date and place of inspection. (ii) The name of the applicant. (iii) The name of the importer. (iv) The Customs entry number pertaining to the lot or shipment covered by the certificate; (v) The quantity, and identifying marks of the lot inspected. (vi) The statement, if applicable: “Meets U.S. import requirements under section 8e of the AMA Act of 1937”. (vii) If the lot fails to meet the import requirements, a statement to that effect and the reasons therefor. (d) Exemptions. (e) Reconditioning prior to importation. (f) Other restrictions. (g) Compliance. Exhibit A grade requirements for shelled filberts Filbert kernels or portions of filbert kernels shall meet the following requirements: (1) Well dried and clean; (2) Free from foreign material, mold, rancidity, decay or insect injury; and (3) Free from serious damage caused by serious shriveling, or other means. tolerances In order to allow for variations incident to proper grading and handling the following tolerances, by weight, are permitted as specified: (1) For Foreign Material: 0.02 of one percent, for foreign material. (2) For Defects: Five percent for kernels or portions of kernels which are below the requirements of this grade, including not more than the following: Two percent for mold, rancidity, decay or insect injury: Provided, definitions (1) Well dried (2) Clean (3) Foreign material (4) Serious damage (i) Serious shriveling (ii) Mold (iii) Rancidity (iv) Decay (v) Insect injury [42 FR 64899, Dec. 29, 1977, as amended at 45 FR 63482, Sept. 25, 1980; 47 FR 12612, Mar. 24, 1982; 48 FR 34015, July 27, 1983; 74 FR 2809, Jan. 16, 2009; 85 FR 12296, Mar. 6, 2020; 88 FR 82237, Nov. 24, 2023] § 999.500 Safeguard procedures for walnuts, dates, pistachios, and raisins exempt from grade, size, quality, and maturity requirements. (a) Each person who imports or receives any of the commodities listed in paragraphs (a)(1) through (4) of this section shall file (electronically or paper) an “Importer's Exempt Commodity Form” (SC-6) with the Market Development Division, Fruit and Vegetable Program, AMS, USDA. A “person who imports” may include a customs broker, acting as an importer's representative (hereinafter referred to as “importer”). A copy of the form (electronic or paper) shall be provided to the U.S. Customs and Border Protection. If a paper form is used, a copy of the form shall accompany the lot to the exempt outlet specified on the form. Any lot of any commodity offered for inspection or aflatoxin testing and, all or a portion thereof, subsequently imported as exempt under this provision shall also be reported on an SC-6. Such form (electronic or paper) shall be provided to the Market Development Division in accordance with paragraph (d) of this section. The applicable commodities are: (1) Dates which are donated to needy persons, prisoners or Native Americans on reservations; dates for processing; dates prepared or preserved; or dates for packaging or dates in retail packages that fail to meet grade, size, quality, and maturity requirements and are reclassified as dates for processing; (2) Walnuts which are: Green walnuts (so immature that they cannot be used for drying and sale as dried walnuts); walnuts used in non-competitive outlets such as use by charitable institutions, relief agencies, governmental agencies for school lunch programs, and diversion to animal feed or oil manufacture; (3) Substandard pistachios which are for non-human consumption purposes; or (4) Raisins which do not meet grade and size requirements and are used in the production of alcohol, or syrup for industrial use, or which do not meet grade requirements with respect to mechanical damage or sugaring and are used in the production of raisin paste. (b) Certification of exempt use. e.g., (2) Each receiver of an exempt commodity as specified in paragraph (a) of this section shall also receive a copy of the associated SC-6 form (electronic or paper) filed by the importer. Within two days of receipt of the exempt lot, the receiver shall certify on the form (electronic or paper) that such lot has been received and will be utilized in the exempt outlet as certified by the importer. If certification is made using a paper SC-6 form, the receiver shall provide a handwritten signature on the form. (c) It is the responsibility of the importer to notify the Market Development Division of any lot of exempt commodity rejected by a receiver, shipped to an alternative exempt receiver, exported, or otherwise disposed of. In such cases, a second SC-6 form must be filed by the importer, providing sufficient information to determine ultimate disposition of the exempt lot, and such disposition shall be so certified by the final receiver. (d) All SC-6 forms and other correspondence regarding entry of exempt commodities must be submitted electronically, by mail, or by fax to the Market Development Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-0237; telephone (202) 720-2491; email [email protected]; [80 FR 15678, Mar. 25, 2015, as amended at 88 FR 82237, Nov. 24, 2023] § 999.600 Regulation governing the importation of pistachios. (a) Definitions. (1) Aflatoxin Aspergillus flavus Aspergillus parasiticus. (2) Aflatoxin inspection certificate (3) Certified lots of pistachios (4) Customs (5) Importation of pistachios (6) Importer (7) Inshell pistachios (8) Inspection Service (9) Inspector (10) Lot (11) Person (12) Pistachio Pistachia vera, (13) Secretary (14) Shelled pistachios (15) Substandard pistachios (16) USDA (17) USDA laboratory (18) USDA-accredited laboratory (b) Importation Requirements. (c) Maximum aflatoxin tolerance. (d) Sampling. (2) Lot samples shall be drawn from each lot of pistachios designated for aflatoxin testing, and individual test samples shall be prepared by, or under the supervision of, an inspector. Each sample shall be drawn and prepared in accordance with the sample size requirements outlined in Tables 1 and 2 below. The gross weight of the inshell lot and test samples for aflatoxin testing and the minimum number of incremental samples required are shown in Table 1. The gross weight of the kernel lot and test samples for aflatoxin testing and the minimum number of incremental samples required is shown in Table 2. If more than one test sample is necessary, the test samples shall be designated by the inspector as Test Sample #1 and Test Sample #2. Each sample shall be placed in a suitable container, with the lot number clearly identified, and the importer shall submit it, along with a copy of the customs entry documentation, to a USDA or USDA-accredited laboratory. The importer shall assume all costs for shipping samples to the laboratory. Table 1—Inshell Pistachio Lot Sampling Increments for Aflatoxin Certification Lot weight Minimum number of incremental samples for the lot sample Total weight of lot sample Weight of test sample 220 or less 10 2.0 2.0 221-440 15 3.0 3.0 441-1,100 20 4.0 4.0 1,101-2,200 30 6.0 6.0 2,201-4,400 40 8.0 8.0 4,401-11,000 60 12.0 6.0 11,001-22,000 80 16.0 8.0 22,001-150,000 100 20.0 10.0 Table 2—Shelled Pistachio Kernel Lot Sampling Increments for Aflatoxin Certification Lot weight Minimum number of incremental samples for the lot sample Total weight of lot sample Weight of test sample 220 or less 10 1.0 1.0 221-440 15 1.5 1.5 441-1,100 20 2.0 2.0 1,101-2,200 30 3.0 3.0 2,201-4,400 40 4.0 4.0 4,401-11,000 60 6.0 3.0 11,001-22,000 80 8.0 4.0 22,001-150,000 100 10.0 5.0 (e) Aflatoxin testing. (1) Aflatoxin test samples shall be received and logged by a USDA or USDA-accredited laboratory, and each test sample shall be prepared and analyzed using High Pressure Liquid Chromatography (HPLC) or the AOAC-approved immunoaffinity column with direct fluorometry method. The aflatoxin level shall be calculated on a kernel weight basis. (2) Lots that require a single test sample will be certified as “negative” on the aflatoxin inspection certificate if the sample has an aflatoxin level at or below 15 ppb. If the aflatoxin level is above 15 ppb, the lot fails. The laboratory shall electronically submit the results to USDA as described in paragraph (h) of this section. (3) Lots that require two test samples will be certified as “negative” on the aflatoxin inspection certificate if Test Sample #1 has an aflatoxin level at or below 10 ppb. If the aflatoxin level of Test Sample #1 is above 20 ppb, the lot fails and the laboratory shall electronically submit the results to USDA as described in paragraph (h) of this section. If the aflatoxin level of Test Sample #1 is above 10 ppb and at or below 20 ppb, the laboratory may, at the importer's discretion, analyze Test Sample #2 and average the test results of Test Samples #1 and #2. Alternately, the importer may elect to withdraw the lot from testing, rework the lot, and resubmit it for testing after reworking. If the importer directs the laboratory to proceed with the analysis of Test Sample #2, a lot will be certified as negative to aflatoxin and the laboratory shall issue an aflatoxin inspection certificate if the averaged result of Test Samples #1 and #2 is at or below 15 ppb. If the average aflatoxin level of Test Samples #1 and #2 is above 15 ppb, the lot fails. The laboratory shall electronically submit the results to USDA as described in paragraph (h) of this section. (4) If an importer does not elect to use Test Sample #2 for certification purposes, the importer may request that the laboratory return the sample to the importer. (f) Certification. (1) The date and place of sampling and testing. (2) The name of the applicant. (3) The Customs entry number pertaining to the lot or shipment covered by the certificate. (4) The quantity and identifying marks of the lot tested. (5) The aflatoxin level of the lot, stated on a kernel weight basis. (6) The statement, if applicable: “Meets U.S. import requirements under section 8e of the AMA Act of 1937.” (7) If the lot fails to meet the import requirements, a statement to that effect and the reasons therefore. (g) Failed lots/rework procedure. (1) Inshell rework procedure for aflatoxin. (2) Kernel rework procedure for aflatoxin. (3) Failed lot reporting. (h) Reports and Recordkeeping: Notification of Aflatoxin Levels. (i) Exemptions. (j) Reconditioning prior to importation. (k) Comingling. (l) Retesting. (m) Compliance. (n) Other import requirements. [77 FR 51691, Aug. 27, 2012, as amended at 81 FR 87412, Dec. 5, 2016; 85 FR 12296, Mar. 6, 2020; 88 FR 82237, Nov. 24, 2023]