[Title 7 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2020 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]

          
          
          Title 7

Agriculture


________________________

Parts 27 to 52

                         Revised as of January 1, 2020

          Containing a codification of documents of general 
          applicability and future effect

          As of January 1, 2020
                    Published by the Office of the Federal Register 
                    National Archives and Records Administration as a 
                    Special Edition of the Federal Register

[[Page ii]]

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[[Page iii]]




                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 7:
    SUBTITLE B--Regulations of the Department of Agriculture
          Chapter I--Agricultural Marketing Service 
          (Standards, Inspections, Marketing Practices), 
          Department of Agriculture                                  5
  Finding Aids:
      Table of CFR Titles and Chapters........................     565
      Alphabetical List of Agencies Appearing in the CFR......     585
      List of CFR Sections Affected...........................     595

[[Page iv]]





                     ----------------------------

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 7 CFR 27.1 refers to 
                       title 7, part 27, section 
                       1.

                     ----------------------------

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
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parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
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LEGAL STATUS

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HOW TO USE THE CODE OF FEDERAL REGULATIONS

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[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
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[[Page vii]]

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    Office of the Federal Register
    January 1, 2020







[[Page ix]]



                               THIS TITLE

    Title 7--Agriculture is composed of fifteen volumes. The parts in 
these volumes are arranged in the following order: Parts 1-26, 27-52, 
53-209, 210-299, 300-399, 400-699, 700-899, 900-999, 1000-1199, 1200-
1599, 1600-1759, 1760-1939, 1940-1949, 1950-1999, and part 2000 to end. 
The contents of these volumes represent all current regulations codified 
under this title of the CFR as of January 1, 2020.

    The Food and Nutrition Service current regulations in the volume 
containing parts 210-299, include the Child Nutrition Programs and the 
Food Stamp Program. The regulations of the Federal Crop Insurance 
Corporation are found in the volume containing parts 400-699.

    All marketing agreements and orders for fruits, vegetables and nuts 
appear in the one volume containing parts 900-999. All marketing 
agreements and orders for milk appear in the volume containing parts 
1000-1199.

    For this volume, Ann Worley was Chief Editor. The Code of Federal 
Regulations publication program is under the direction of John Hyrum 
Martinez, assisted by Stephen J. Frattini.

[[Page 1]]



                          TITLE 7--AGRICULTURE




                   (This book contains parts 27 to 52)

  --------------------------------------------------------------------

        SUBTITLE B--Regulations of the Department of Agriculture

                                                                    Part

chapter i--Agricultural Marketing Service (Standards, 
  Inspections, Marketing Practices), Department of 
  Agriculture...............................................          27

[[Page 3]]

        Subtitle B--Regulations of the Department of Agriculture

[[Page 5]]



   CHAPTER I--AGRICULTURAL MARKETING SERVICE (STANDARDS, INSPECTIONS, 
             MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE




  --------------------------------------------------------------------


  Editorial Note: Nomenclature changes to chapter I appear at 69 FR 
18803, Apr. 9, 2004.

  SUBCHAPTER A--COMMODITY STANDARDS AND STANDARD CONTAINER REGULATIONS
Part                                                                Page
27              Cotton classification under cotton futures 
                    legislation.............................           7
28              Cotton classing, testing, and standards.....          19
29              Tobacco inspection..........................          54
30              Tobacco stocks and standards................         167
31              Purchase of wool and wool top samples.......         174
32              Purchase of grease mohair and mohair top 
                    samples.................................         175
33              Regulations issued under authority of the 
                    Export Apple Act........................         176
34

[Reserved]

35              Export grapes and plums.....................         179
36              Procedures by which the Agricultural 
                    Marketing Service develops, revises, 
                    suspends, or terminates voluntary 
                    official grade standards................         182
37-41

[Reserved]

42              Standards for condition of food containers..         184
43              Standards for sampling plans................         235
44-45

[Reserved]

     SUBCHAPTER B--MARKETING OF PERISHABLE AGRICULTURAL COMMODITIES
46              Regulations (other than rules of practice) 
                    under the Perishable Agricultural 
                    Commodities Act, 1930...................         255
47              Rules of practice under the Perishable 
                    Agricultural Commodities Act............         291

[[Page 6]]

48              Regulations of the Secretary of Agriculture 
                    for the enforcement of the Produce 
                    Agency Act..............................         310
50              Rules of practice governing withdrawal of 
                    inspection and grading services.........         312
SUBCHAPTER C--REGULATIONS AND STANDARDS UNDER THE AGRICULTURAL MARKETING 
             ACT OF 1946 AND THE EGG PRODUCTS INSPECTION ACT
51              Fresh fruits, vegetables and other products 
                    (inspection, certification, and 
                    standards)..............................         314
52              Processed fruits and vegetables, processed 
                    products thereof, and certain other 
                    processed food products.................         491

[[Page 7]]



   SUBCHAPTER A_COMMODITY STANDARDS AND STANDARD CONTAINER REGULATIONS





PART 27_COTTON CLASSIFICATION UNDER COTTON FUTURES 
LEGISLATION--Table of Contents



                          Subpart A_Regulations

                               Definitions

Sec.
27.1 Meaning of words.
27.2 Terms defined.

                                 General

27.3 Requirements of subsection 15b(f) of the Act.
27.4 Obligations and rights under Act: not affected by regulations.
27.5 Effect of amendments.

                             Administration

27.8 Director.
27.9 Classing Offices; Quality Assurance Division.
27.10 Supervision of cotton inspection, weighing, sampling; and other 
          duties.
27.11 Area Director, Marketing Services Office; responsibility.

                         Classification Requests

27.12 Classification request for each lot of cotton.
27.13 Micronaire determination request incidental to classification 
          request.
27.14 Filing of classification requests.
27.15 Withdrawal or rejection of classification or Micronaire 
          determination requests.

                         Inspection and Samples

27.16 Inspection; weighing; samples; supervision.
27.18 Persons not to be employed for inspection or sampling.
27.20 Drawing and handling of samples of cotton; inspection of bales.
27.21 [Reserved]
27.22 Wrapping and marking of samples of cotton.
27.23 Duplicate sets of samples of cotton.
27.24 Delivery of samples of cotton.
27.25 Additional samples of cotton; drawing.
27.28 Disposition of samples.

              Classification and Micronaire Determinations

27.31 Classification of cotton.
27.32 Order of classification.
27.33 Exposing of samples for classification.
27.34 Classification procedure.
27.35 Lower class of two samples to prevail.
27.36 Classification and Micronaire determinations based on official 
          standards.
27.37 Cotton reduced in grade.
27.38 Terms defined for purposes of classification.

                        Cotton Class Certificates

27.39 Issuance of classification records.
27.40 New certificates; conditions of issuance.
27.41 Lost certificate; duplicate.
27.42 Surrender of certificate.
27.43 Validity of cotton class certificates.
27.44 Invalidity of cotton class certificates.
27.45 No storage of cotton for classification at disapproved place.
27.46 Cotton withdrawn from storage.
27.47 Tender or delivery of cotton; conditions.

                          Delayed Certification

27.52 Delivery without certification.
27.53 Notice for delayed certification; requirements.
27.54 Inspection and sampling for delayed certification.
27.55 Requirements in lieu of cotton class certificates on delivery day.

                        Postponed Classification

27.57 Request for postponement.
27.58 Postponed classification; must be within 30 days.
27.59 Postponed classification; interference.
27.60 When original request deemed withdrawn.
27.61-27.72 [Reserved]

                           Transfers of Cotton

27.73 Supervision of transfers of cotton.

                 Costs of Classification and Micronaire

27.80 Fees; review classification, futures classification and 
          supervision.
27.81 Fees; certificates.
27.83 No fees for certain certificates.
27.85 Fees; withdrawn requests or applications.
27.87 Fees; classification and Micronaire determination information.
27.89 Expenses; inspection; sampling.
27.90 Bills for payment of fees and expenses.
27.91 Advance deposit may be required.
27.92 Method of payment: advance deposit.

                              Spot Markets

27.93 Bona fide spot markets.
27.94 Spot markets for contract settlement purposes.

[[Page 8]]

                    Price Quotations and Differences

27.95 Spot markets to conform to Act and regulations.
27.96 Quotations in bona fide spot markets.
27.97 Ascertaining the accuracy of price quotations.
27.98 Value of grade where no sale; determination.
27.99 Values; expression.
27.100 Administration.

    Authority: 7 U.S.C. 15b, 7 U.S.C. 473b, 7 U.S.C. 1622(g).

    Source: 22 FR 10923, Dec. 28, 1957; 30 FR 7239, May 29, 1965, unless 
otherwise noted.

    Cross Reference: For regulations relating to cotton classing, 
testing, and standards, and cottonseed sold or offered for sale for 
crushing purposes, see parts 28 and 61 of this chapter.



                          Subpart A_Regulations

                               Definitions



Sec.  27.1  Meaning of words.

    Words used in this subpart in the singular form shall be deemed to 
import the plural and vice versa, as the case may demand.



Sec.  27.2  Terms defined.

    As used throughout this subpart, unless the context otherwise 
requires, the following terms shall be construed, respectively, to mean:
    (a) The Act. The United States Cotton Futures Act (90 Stat. 1841-
1846; 7 U.S.C. 15b).
    (b) Department. The United States Department of Agriculture.
    (c) Service. The Agricultural Marketing Service of the Department.
    (d) Administrator. The Administrator of the Service, or any officer 
or employee of the Service, to whom authority has heretofore been 
delegated, or to whom authority may hereafter be delegated, to act in 
the Administrator's stead.
    (e) Cotton Division. The Cotton Division of the Service.
    (f) Director. The Director of the Cotton Division, or any officer or 
employee of the Division to whom authority has heretofore been 
delegated, or to whom authority may hereafter be delegated to act in the 
Director's stead.
    (g) Marketing Services Office. A facility of the Cotton Division 
established under the Act at any point.
    (h) Quality Assurance Division. The Quality Assurance Division at 
Memphis, Tennessee; shall provide supervision of futures cotton 
classification.
    (i) Exchange. Exchange, board of trade, or similar institution or 
place of business, at, on, or in which a basis grade contract may be 
made.
    (j) Exchange inspection agency. The inspection agency of the New 
York Cotton Exchange, the New Orleans Cotton Exchange, the Board of 
Trade of the city of Chicago, or of any other exchange which may have an 
organized inspection agency recognized as such by the Director, as the 
case may be.
    (k) Basis grade contract. Contract of sale of cotton for future 
delivery mentioned in the Act, made at, on, or in any exchange in 
compliance with subsection 15b(f) of the Act.
    (l) Person. Individual, association, partnership, or corporation.
    (m) Owner. Person who owns, controls, or has the disposition of any 
cotton.
    (n) Classification. The classification of any cotton shall be 
determined by the quality of a sample in accordance with the Universal 
Cotton Standards (the official cotton standards of the United States) 
for cotton property measurements of American Upland cotton. High Volume 
Instruments will determine all cotton property measurements except 
extraneous matter. Cotton classers authorized by the Cotton and Tobacco 
Program will determine the presence of extraneous matter. Original 
Smith-Doxey data may serve as certification that bales submitted for 
quality verification meet quality and age parameters set by an 
applicable exchange inspection agency as a futures classification 
option.
    (o) Micronaire determination. The measure of the fiber fineness and 
maturity of cotton, in combination, in terms of Micronaire readings as 
determined by an authorized employee of the Department in accordance 
with the official cotton standards of the United States for fiber 
fineness and maturity.
    (p) Smith-Doxey data. Data reflecting the original classification of 
a cotton bale provided to producers of cotton

[[Page 9]]

under the Smith-Doxey Act of April 13, 1937 (Pub. L. 75-28).

[22 FR 10923, Dec. 28, 1957, as amended at 32 FR 4157, Mar. 17, 1967; 42 
FR 40677, Aug. 11, 1977; 48 FR 49210, Oct. 25, 1983; 65 FR 36598, June 
9, 2000; 77 FR 5380, Feb. 3, 2012; 77 FR 20504, Apr. 5, 2012; 78 FR 
68984, Nov. 18, 2013]

                                 General



Sec.  27.3  Requirements of subsection 15b(f) of the Act.

    The inspection, sampling, classification, and Micronaire 
determination of cotton pursuant to subsection 15b(f) of the Act shall 
be performed as prescribed in this subpart. All tenders of cotton and 
settlements therefor under basis grade contracts shall be made subject 
to the regulations in this subpart. No contract shall for the purposes 
of this subpart be deemed to comply with subsection 15b(f) of the Act if 
it contain or incorporate therein, by reference or otherwise, any 
provision or any bylaw, rule, or custom of an exchange which is 
inconsistent or in conflict with any requirement of said subsection 
15b(f), nor if the parties enter into any collateral or additional 
agreement or understanding, either verbal or written, respecting the 
subject matter of such contract which is inconsistent or in conflict 
with any requirement of said subsection 15b(f).

[42 FR 40677, Aug. 11, 1977]



Sec.  27.4  Obligations and rights under Act: not affected by regulations.

    Nothing in this subpart shall be construed as relieving any party to 
a basis grade contract of any obligation imposed upon the party, or as 
depriving the party of any right to which the party might be entitled 
under any provision of the contract or exchange rule made a part thereof 
which shall not be inconsistent with the act or the regulations made 
under the Act.

[48 FR 49210, Oct. 25, 1983]



Sec.  27.5  Effect of amendments.

    Any amendment to this subpart, unless otherwise stated therein, 
shall apply to all tenders of cotton and settlements therefor made on 
and after the effective date of such amendment, under basis grade 
contracts entered into prior, as well as subsequent, to such effective 
date.

[22 FR 10923, Dec. 28, 1957, as amended at 42 FR 40677, Aug. 11, 1977]

                             Administration



Sec.  27.8  Director.

    The Director shall perform for and under the supervision of the 
Administrator, such duties as the Administrator may require in enforcing 
the provisions of the Act and this subpart.



Sec.  27.9  Classing Offices; Quality Assurance Division.

    Classing Offices shall be maintained at points designated for the 
purpose by the Administrator. The Quality Assurance Division shall 
provide supervision of futures cotton classification and perform other 
duties as assigned by the Deputy Administrator.

[ 77 FR 5380, Feb. 3, 2012]



Sec.  27.10  Supervision of cotton inspection, weighing, sampling; 
and other duties.

    Authorized employees of the Cotton Division will act, when 
necessary, as supervisors of cotton inspection to supervise the 
inspection, weighing, and sampling of cotton to be classified and will 
perform such other duties as may be required of them for the purposes of 
this subpart.

[26 FR 1656, Feb. 25, 1961]



Sec.  27.11  Area Director, Marketing Services Office; responsibility.

    Subject to this subpart and the instructions of the Director, the 
Area Director of each Marketing Services Office shall be responsible for 
the proper performance of the duties imposed on such office and on the 
persons connected therewith.

[48 FR 49210, Oct. 25, 1983]

                         Classification Requests



Sec.  27.12  Classification request for each lot of cotton.

    For each lot or mark of cotton of which the applicant desires 
separate classification and certification, the applicant shall make a 
separate written request in a form prescribed or supplied

[[Page 10]]

by the Cotton Division for that purpose.

[48 FR 49210, Oct. 25, 1983]



Sec.  27.13  Micronaire determination request incidental to classification 
request.

    The classification request may include a request for Micronaire 
determination.



Sec.  27.14  Filing of classification requests.

    Requests for futures classification shall be filed with the Quality 
Assurance Division within 10 days after sampling and before 
classification of the samples.

[77 FR 5380, Feb. 3, 2012]



Sec.  27.15  Withdrawal or rejection of classification or Micronaire 
determination requests.

    Any request for classification or for Micronaire determination may 
be withdrawn by the applicant at any time before the classification or 
Micronaire determination of the cotton covered thereby, subject to the 
payment of such fees, if any, as may be prescribed under Sec. Sec.  
27.80 to 27.92. Any request for classification or for Micronaire 
determination may be rejected for noncompliance with the act or this 
subpart.

                         Inspection and Samples



Sec.  27.16  Inspection; weighing; samples; supervision.

    The inspection, weighing, and sampling of cotton for which 
classification is desired and the preparation and delivery of samples to 
the Marketing Services Office shall be (a) under the supervision of a 
supervisor of cotton inspection, or (b) by or under the direction of an 
exchange inspection agency and subject to the supervision of a 
supervisor of cotton inspection.

[48 FR 49210, Oct. 25, 1983]



Sec.  27.18  Persons not to be employed for inspection or sampling.

    No person shall, after notice to the interested parties, be employed 
in any way in connection with any phase of the inspection and sampling 
of cotton or the preparation of the samples thereof, for the purposes of 
classification under this subpart, who for good cause is disapproved by 
the Director.



Sec.  27.20  Drawing and handling of samples of cotton; inspection of bales.

    One sample shall be drawn from the top side of each bale and one 
from the bottom side. Each such sample shall weigh not less than 5 
ounces, the two samples from each bale to weigh together not less than 
10 ounces. The bale shall be inspected and any condition not fully 
indicated by the samples shall be explained by the supervisor of cotton 
inspection or exchange inspection agency in a written memorandum, which 
shall acompany the samples to the Marketing Services Office. Samples 
shall not be dressed or trimmed and shall be carefully handled in such 
manner as not to cause loss of leaf, sand, or other material, or 
otherwise change their representative character. Any sample which does 
not meet the requirements of this section may be rejected by the 
supervisor of cotton inspection or the Area Director.

[48 FR 49210, Oct. 25, 1983]



Sec.  27.21  [Reserved]



Sec.  27.22  Wrapping and marking of samples of cotton.

    The original sets of samples of the bales constituting a lot or mark 
to be classified separately shall be inclosed in one or more wrappers or 
containers, as the case may require. The wrappers or containers of 
original samples shall be so labeled or marked, or both, as to show that 
they contain original samples, together with the lot number, if any, the 
marks, and the number of bales, and such other information as may be 
necessary in accordance with the instructions of the Area Director of 
the Marketing Services Office to which the samples are to be delivered.

[48 FR 49210, Oct. 25, 1983]



Sec.  27.23  Duplicate sets of samples of cotton.

    The duplicate sets of samples shall be inclosed in wrappers or 
containers separate and apart from the original sets in the manner 
prescribed or original samples in the foregoing section, except that the 
wrappers or containers

[[Page 11]]

shall be labeled or marked, or both, so as to show that they contain 
duplicate samples and shall be delivered to the person requesting the 
classification of the cotton.



Sec.  27.24  Delivery of samples of cotton.

    The original sample from each bale to be classified shall be 
delivered to the Marketing Services Office with which the classification 
request was filed, at its classification room. If there is no Marketing 
Services Office at the point where the cotton is sampled, the supervisor 
of cotton inspection or the exchange inspection agency shall forward the 
samples to the proper Marketing Services Office. No samples covered by 
pending classification requests which are ready for delivery as provided 
for herein shall be withheld from such delivery except as authorized in 
writing by the Area Director or the Director.

[48 FR 49210, Oct. 25, 1983]



Sec.  27.25  Additional samples of cotton; drawing.

    In addition to the samples hereinbefore prescribed, separate 
samples, if desired, may be drawn and furnished to the owner of the 
cotton.



Sec.  27.28  Disposition of samples.

    Samples submitted to a Marketing Services Office shall become the 
property of the Department and shall be disposed of in accordance with 
the property regulations of Department when no longer needed for 
classification or Micronaire determinations.

[48 FR 49211, Oct. 25, 1983]

              Classification and Micronaire Determinations



Sec.  27.31  Classification of cotton.

    For purposes of subsection 15b (f) of The Act, classification of 
cotton is the determination of the quality of a sample in accordance 
with the Universal Cotton Standards (the official cotton standards of 
the United States) for the color grade and leaf grade of American upland 
cotton, and fiber property measurements such as micronaire. High Volume 
Instruments will determine all fiber property measurements except 
extraneous matter. High Volume Instrument colormeter measurements will 
be used for determining the official color grade. Cotton classers 
authorized by the Cotton and Tobacco Programs will determine the 
presence of extraneous matter and authorized employees of the Cotton and 
Tobacco Programs will determine all fiber property measurements using 
High Volume Instruments.

[77 FR 20504, Apr. 5, 2012]



Sec.  27.32  Order of classification.

    All cotton for which classifications requests shall be pending shall 
be classified as far as practicable in the order in which proper samples 
thereof, ready for such classification, shall have been delivered to the 
Marketing Services Office, except as otherwise provided in this subpart 
or when the Area Director or the Director shall find that an emergency 
exists and shall order otherwise.

[48 FR 49211, Oct. 25, 1983]



Sec.  27.33  Exposing of samples for classification.

    Classification shall not proceed until the samples, after being 
delivered to the Marketing Services Office, shall have been exposed for 
such length of time as in the judgment of the Area Director shall be 
sufficient to put them in proper condition for the purpose.

[48 FR 49211, Oct. 25, 1983]



Sec.  27.34  Classification procedure.

    Classification shall proceed as rapidly as possible, but not when 
light or other conditions make uncertain the accuracy of the results to 
be obtained.



Sec.  27.35  Lower class of two samples to prevail.

    In case a sample drawn from one portion of a bale is lower in class 
than one drawn from another portion of such bale, except as otherwise 
provided in this subpart, the classification of the bale shall be that 
of the sample showing the lower class.



Sec.  27.36  Classification determinations based on official standards.

    All cotton shall be classified on the basis of the official cotton 
standards of

[[Page 12]]

the United States in effect at the time of such classification.

[77 FR 5380, Feb. 3, 2012]



Sec.  27.37  Cotton reduced in grade.

    If cotton be reduced in grade, by reason of the presence of 
extraneous matter or other irregularities or defects, below its grade 
according to the official cotton standards of the United States, the 
grade from which it is so reduced, and the condition or reason which so 
reduces its grade shall be determined and stated.

[25 FR 5872, June 25, 1960]



Sec.  27.38  Terms defined for purposes of classification.

    For the purposes of classification the following terms shall be 
construed, respectively, to mean:
    (a) Cotton of perished staple. Cotton that has the strength of fiber 
as ordinarily found in cotton destroyed or unduly reduced through 
exposure to the weather either before picking or after baling, or 
through heating by fire, or on account of water packing, or by other 
causes.
    (b) [Reserved]
    (c) Gin cut cotton. Cotton that shows damage in ginning, through 
cutting by the saws, to an extent that reduces its value more than two 
grades.
    (d) Reginned cotton. Cotton that has passed through the ginning 
process more than once, and cotton that, after having been ginned, has 
been subjected to a cleaning process and then baled.
    (e) Repacked cotton. Cotton that is composed of factors', brokers', 
or other samples, or of loose or miscellaneous lots collected and 
rebaled, or cotton in a bale which is composed of cotton from two or 
more smaller bales or parts of bales that are combined after the cotton 
leaves the gin.
    (f) False packed cotton. Cotton in a bale (1) containing substances 
entirely foreign to cotton, (2) containing damaged cotton in the 
interior with or without any indication of such damage upon the 
exterior, (3) composed of good cotton upon the exterior and decidedly 
inferior cotton in the interior, in such manner as not to be detected by 
customary examination, or (4) containing pickings or linters worked into 
the bale.
    (g) Mixed packed cotton. Cotton in a bale which, in the sample taken 
therefrom, shows (1) a difference of three or more grades, or (2) a 
difference of three or more color groups, or (3) a difference in length 
of staple of one-eighth inch or more. For purposes of this paragraph, 
White Cotton (including the Plus grades), Light Gray Cotton, and Gray 
Cotton shall constitute one color group, and Light Spotted Cotton, 
Spotted Cotton, Tinged Cotton, and Yellow Stained Cotton shall each 
constitute a color group.
    (h) Water packed cotton. Cotton in a bale that has been penetrated 
by water during the baling process, causing damage to the fiber, or a 
bale that through exposure to the weather or by other means, while 
apparently dry on the exterior, has been damaged by water in the 
interior.

[22 FR 10926, Dec. 28, 1957, as amended at 26 FR 5945, July 1, 1961; 32 
FR 7011, May 9, 1967; 35 FR 17935, Nov. 21, 1970]

                        Cotton Class Certificates



Sec.  27.39  Issuance of classification records.

    Except as otherwise provided in this section, as soon as practicable 
after the classification of cotton has been completed by the Cotton and 
Tobacco Programs, the Quality Assurance Division shall issue an 
electronic cotton classification record showing the results of such 
classification. Each electronic record shall bear the date of its 
issuance. The electronic record shall show the identification of the 
cotton according to the information in the possession of the Cotton and 
Tobacco Programs, the classification of the cotton and such other facts 
as the Deputy Administrator may require.

[77 FR 5380, Feb. 3, 2012]



Sec.  27.40  New certificates; conditions of issuance.

    For the business convenience of a holder of a cotton class 
certificate issued under this subpart a new certificate may be issued at 
the request of the holder, to take the place of the former certificate 
without the reclassification of the cotton and without a

[[Page 13]]

new Micronaire determination for the cotton. In any case where a new 
certificate is issued in accordance with this section, the former 
certificate shall be surrendered for cancellation, and such new 
certificate shall bear a new number, the date of its issuance, and the 
date of original certification, and shall otherwise comply with this 
subpart.



Sec.  27.41  Lost certificate; duplicate.

    Upon the written request of the last holder of a valid cotton class 
certificate and a showing to the satisfaction of the Area Director of 
the Marketing Services Office which issued such certificate, that it has 
been lost or destroyed and, if lost, that diligent effort has been made 
to find it without success, a new certificate shall be issued without 
the reclassification of the cotton and without a new Micronaire 
determination for the cotton. Such new certificate shall bear the same 
number and date of issuance as the lost or destroyed certificate, and 
shall include a statement to the effect that it is a duplicate issued in 
lieu of the lost or destroyed original, as the case may be.

[48 FR 49211, Oct. 25, 1983]



Sec.  27.42  Surrender of certificate.

    For good cause any certificate issued under this subpart shall be 
surrendered to a Marketing Services Office for correction or 
cancellation. If such certificate be not surrendered upon request it 
shall nevertheless be invalid under subsection 15b(f) of the Act and 
this subpart.

[48 FR 49211, Oct. 25, 1983]



Sec.  27.43  Validity of cotton class certificates.

    Each cotton class certificate for cotton classified as tenderable 
shall be valid for use in the tender of such cotton on a basis grade 
contract made in accordance with the Act and this subpart and the rules 
of an exchange not inconsistent therewith.

[22 FR 10926, Dec. 28, 1957, as amended at 42 FR 40677, Aug. 11, 1977]



Sec.  27.44  Invalidity of cotton class certificates.

    Any cotton class certificate shall become invalid for use in the 
tender or delivery of the cotton covered thereby on a basis grade 
contract whenever such cotton shall be removed from the place of storage 
specified therein, except when it is handled and re-stored or 
transferred to a different place of storage and restored under the 
supervision of an exchange inspection agency or a supervisor of cotton 
inspection.

(90 Stat. 1841-1846; (7 U.S.C. 15b))

[22 FR 10926, Dec. 28, 1957, as amended at 26 FR 1657, Feb. 25, 1961; 42 
FR 40677, Aug. 11, 1977]



Sec.  27.45  No storage of cotton for classification at disapproved place.

    No cotton submitted for classification under subsection 15b(f) of 
the Act shall be located or stored at a place disapproved for the 
purpose by the Area Director or the Director on account of being 
unsuitable for the safekeeping or proper storage of such cotton, or on 
account of the failure or refusal of the custodian thereof to comply or 
to permit compliance with the requirements of this subpart. Notice of 
such disapproval shall be given in such manner as the Director may 
direct. Thereafter every cotton class certificate previously issued for 
cotton located or stored at such place shall be invalid for the delivery 
of such cotton on a basis grade contract, unless the cotton shall be 
removed under the supervision of an exchange inspection agency, or a 
supervisor of cotton inspection, to a place which shall be suitable for 
the purpose. Upon such removal and the request of the holder of the 
cotton class certificate for such cotton a new certificate in lieu 
thereof, as provided elsewhere in this subpart, shall be issued.

[48 FR 49211, Oct. 25, 1983]



Sec.  27.46  Cotton withdrawn from storage.

    The exchange inspection agency under the supervision or control of 
which any cotton classified pursuant to this subpart shall be held or 
stored shall furnish to the Marketing Services Office which classified 
such cotton, on the first business day of each week, a written statement 
of all cotton withdrawn from storage, or the lot number or other 
identification of which has

[[Page 14]]

been changed, or which has otherwise been removed from the supervision 
or control of such exchange inspection agency during the next preceding 
week. Such statement shall show each lot number, and, if changed, the 
new lot number, and in case of the withdrawal or removal of a portion 
only of the lot, the tag numbers of the bales so withdrawn or removed. 
If such removal shall be to a different place of storage under the 
supervision or control of the exchange inspection agency, the statement 
shall show the new location.

[48 FR 49211, Oct. 25, 1983]



Sec.  27.47  Tender or delivery of cotton; conditions.

    Subject to the provisions of Sec. Sec.  27.52 through 27.55, no 
cotton shall be tendered or delivered on a basis grade contract unless 
on or prior to the date fixed for delivery under such contract, and in 
advance of final settlement of the contract, the person making the 
tender shall furnish to the person receiving the same a valid 
outstanding cotton classification record complying with the regulations 
in this subpart, showing such cotton to be tenderable on a basis grade 
contract.

[77 FR 5380, Feb. 3, 2012]

                          Delayed Certification



Sec.  27.52  Delivery without certification.

    If upon the date fixed for delivery in accordance with subsection 
15b(f) of the Act cotton class certificates shall not have been issued 
by a Marketing Services Office for cotton to be delivered pursuant to 
such notice, samples of which cotton shall have been in the custody of 
the Marketing Services Office for the time hereinafter prescribed, the 
delivery of such cotton may be made upon compliance with and subject to 
the conditions specified in Sec. Sec.  27.52 through 27.55. Sections 
27.52 through 27.55 shall not apply to cotton upon which a Marketing 
Services Office has already issued cotton class certificates pursuant to 
this subpart.

[48 FR 49212, Oct. 25, 1983, as amended at 50 FR 47707, Nov. 20, 1985]



Sec.  27.53  Notice for delayed certification; requirements.

    On the date of giving the transferable notice of the delivery in 
accordance with subsection 15b(f) of the act the person issuing such 
notice or the person on whose behalf it was issued shall also give 
written notice to the Marketing Services Office with which the 
classification request was required to be filed, specifying the date of 
delivery and the number of bales so to be delivered which have not been 
certified. In such notice, or later in writing before the delivery of 
the samples to the Marketing Services Office the lot numbers of the 
cotton so to be delivered shall be specified.

[48 FR 49212, Oct. 25, 1983]



Sec.  27.54  Inspection and sampling for delayed certification.

    Such cotton must have been duly inspected and sampled, and the 
original samples thereof properly prepared in accordance with this 
subpart must be delivered to the Marketing Services Office not later 
than the date of issuance of the transferable notice, except when the 
delivery day fixed by such transferable notice is the last delivery day 
in the month of delivery. In such case the cotton must have been duly 
inspected and sampled, and the original samples thereof properly 
prepared in accordance with this subpart must have been delivered to the 
Marketing Services Office in accordance with all regulations applicable 
and in readiness for classification not later than 8 p.m. of the second 
business day preceding such last delivery day.

[48 FR 49212, Oct. 25, 1983]



Sec.  27.55  Requirements in lieu of cotton class certificates on 
delivery day.

    If on the morning of the delivery day specified in the transferable 
notice the cotton class certificates covering the cotton involved are 
not ready for delivery when called for, the tenderer of the cotton shall 
present to the receiver a receipt issued by an exchange inspection 
agency certifying that warehouse receipts, listed by lot numbers, 
representing cotton weighed and sampled

[[Page 15]]

in an approved warehouse under the supervision of such agency, have been 
received by the exchange inspection agency and are in the custody of the 
Cotton Division Marketing Services Office where certification requests 
are required to be filed. The requirements of Sec. Sec.  27.52-27.55 
shall be complied with prior to delivery by the tenderer of the agency's 
receipt to the receiver. Upon issuance by Marketing Services Office, the 
tenderer shall furnish to the receiver the cotton class certificates 
complying with the regulations in this subpart, showing the cotton to be 
tenderable on a basis grade contract.

[50 FR 47707, Nov. 20, 1985]

                        Postponed Classification



Sec.  27.57  Request for postponement.

    If the applicant desires the postponement of the classification of 
any cotton covered by a classification request filed pursuant to the 
regulations in this subpart until later notice, the original 
classification request must so state, or the applicant must so advise 
the Marketing Services Office in writing before the classification has 
been entered upon. Such request must show cause and that it is not made 
merely for dilatory reasons.

[48 FR 49212, Oct. 25, 1983]



Sec.  27.58  Postponed classification; must be within 30 days.

    If thereafter the classification of the cotton be desired, notice 
thereof shall be filed not later than the expiration of 30 days after 
the date upon which the samples were drawn from the cotton, and the 
original samples must have remained continuously in the possession of 
the Marketing Services Office or under its control.

[48 FR 49212, Oct. 25, 1983]



Sec.  27.59  Postponed classification; interference.

    Classification pursuant to such suspended request shall not be 
allowed to interfere with or delay the classification of other samples 
previously made ready for classification or which are otherwise entitled 
to priority.



Sec.  27.60  When original request deemed withdrawn.

    If the period of 30 days specified in Sec.  27.58 shall expire 
without the filing of the notice of desire for classification the 
applicant shall be deemed to have withdrawn the original request for the 
classification of such cotton.



Sec. Sec.  27.61-27.72  [Reserved]



Sec.  27.73  Supervision of transfers of cotton.

    Whenever the owner of any cotton inspected and sampled for 
classification pursuant to this subpart and for which the owner holds 
valid cotton class certificates desires to transfer such cotton to a 
different delivery point, or to a different warehouse at the same 
delivery point, for the purpose of having it made available for delivery 
upon a basis grade contract, such transfer shall be effected under the 
supervision of an exchange inspection agency or a supervisor of cotton 
inspection.

[48 FR 49213, Oct. 25, 1983]

                 Costs of Classification and Micronaire



Sec.  27.80  Fees; review classification, futures classification and 
supervision.

    For services rendered by the Cotton and Tobacco Programs pursuant to 
this subpart, whether the cotton involved is tenderable or not, the 
person requesting the services shall pay fees as follows:
    (a) For each calendar year, AMS will calculate the rate for 
services, per hour per program employee using the following formulas:
    (1) Regular rate. The total AMS grading or classification program 
personnel direct pay divided by direct hours, which is then multiplied 
by the next year's percentage of cost of living increase, plus the 
benefits rate, plus the operating rate, plus the allowance for bad debt 
rate. If applicable, travel expenses may also be added to the cost of 
providing the service.
    (2) Overtime rate. The total AMS grading or classification program 
personnel direct pay divided by direct hours, which is then multiplied 
by the next year's percentage of cost of living increase and then 
multiplied by 1.5 plus

[[Page 16]]

the benefits rate, plus the operating rate, plus an allowance for bad 
debt. If applicable, travel expenses may also be added to the cost of 
providing the service.
    (3) Holiday rate. The total AMS grading or classification program 
personnel direct pay divided by direct hours which is then multiplied by 
the next year's percentage of cost of living increase and then 
multiplied by 2, plus benefits rate, plus the operating rate, plus an 
allowance for bad debt. If applicable, travel expenses may also be added 
to the cost of providing the service.
    (b) For each calendar year, based on historical 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. The total AMS grading or classification program 
direct benefits costs divided by the total hours (regular, overtime, and 
holiday) worked, which is then multiplied by the next calendar year's 
percentage cost of living increase. Some examples of direct benefits are 
health insurance, retirement, life insurance, and Thrift Savings Plan 
(TSP) retirement basic and matching contributions.
    (2) Operating rate. The total AMS grading or classification program 
operating costs divided by total hours (regular, overtime, and holiday) 
worked, which is then multiplied by the percentage of inflation.
    (3) Allowance for bad debt rate. Total AMS grading or classification 
program allowance for bad debt divided by total hours (regular, 
overtime, and holiday) worked.
    (c) Basis. The calendar year cost of living expenses and percentage 
of inflation factors used in the formulas in this section are based on 
the most current Office of Management and Budget's Presidential Economic 
Assumptions.

[77 FR 5380, Feb. 3, 2012, as amended at 79 FR 67318, Nov. 13, 2014]



Sec.  27.81  Fees; certificates.

    For each new certificate issued in substitution for a prior 
certificate at the request of the holder thereof, for the purpose of 
business convenience, or when made necessary by the transfer of cotton 
under the supervision of any exchange inspection agency as provided in 
Sec.  27.73, the person making the request shall pay a fee determined as 
described in Sec.  27.80.

[79 FR 67318, Nov. 13, 2014]



Sec.  27.83  No fees for certain certificates.

    No fee shall be collected for a new cotton class certificate issued 
in lieu of a prior certificate solely for the purpose of correcting 
clerical errors therein or for the purpose of substituting a new form 
applicable to outstanding certificates, or without an application 
therefor.



Sec.  27.85  Fees; withdrawn requests or applications.

    When the request for classification, or the application for review 
or classification, of any cotton or the request for Micronaire 
determination for any cotton shall be withdrawn after the service 
requested has been started pursuant to such request or application, the 
person making such request or application shall pay the fee prescribed 
by Sec.  27.80 as to any service completed prior to such withdrawal.



Sec.  27.87  Fees; classification and Micronaire determination information.

    Whenever the person who requests the classification of, or 
Micronaire determination for, any cotton, or the person on whose behalf 
such request is made, also requests the transmission by telegraph or 
telephone of information concerning such classification or Micronaire 
determination, the person making the request for such classification or 
determination shall pay, in addition to the applicable costs prescribed 
in this subpart, the cost of tolls incurred in such transmission.



Sec.  27.89  Expenses; inspection; sampling.

    Expense of inspection and sampling, the preparation of the samples 
and the delivery of such samples in accordance with Sec.  27.24, shall 
be borne by the party requesting the classification of the cotton 
involved. When a review of classification or a Micronaire determination 
is requested and samples of the cotton involved are not in possession of 
a Marketing Services Office, the expense of

[[Page 17]]

inspection, sampling, preparation of samples, and delivery of the 
samples to the Marketing Services Office shall be borne by the party 
requesting the service.

[48 FR 49213, Oct. 25, 1983]



Sec.  27.90  Bills for payment of fees and expenses.

    The Cotton Division shall deliver bills to all persons from whom 
payment for fees or expenses on account of services under this subpart 
shall be due. Such bills shall be rendered as soon as practicable after 
the last day of each month for the amounts due and unpaid on such day. 
When necessary, in the discretion of the Area Director or the Director, 
any bill may be rendered at an earlier date for any fees and expenses 
then due by the person to whom such bill shall be rendered. Payment of 
any such bill shall be made as soon as possible after the rendition 
thereof, but in any event not later than 2 weeks after such rendition.

[48 FR 49213, Oct. 25, 1983]



Sec.  27.91  Advance deposit may be required.

    If requested by the Area Director with whom the classification 
request is required to be filed or by the Director, the person from whom 
any payment under this subpart may become due shall make an advance 
deposit to cover such payment in such amount as may be necessary in the 
judgment of the official requesting the same.

[48 FR 49213, Oct. 25, 1983]



Sec.  27.92  Method of payment; advance deposit.

    Any payment or advance deposit under this subpart shall be by check, 
draft, or money order, payable to the order of ``Agricultural Marketing 
Service, USDA,'' and may not be made in cash except in cases where the 
total payment or deposit does not exceed $1.

                              Spot Markets



Sec.  27.93  Bona fide spot markets.

    The following markets have been determined, after investigation, and 
are hereby designated to be bona fide spot markets within the meaning of 
the act:

    Southeastern, North Delta, South Delta, East Texas and Oklahoma, 
West Texas, Desert Southwest and San Joaquin Valley. Such markets will 
comprise the following areas:

                              Southeastern

    All counties in the states of Alabama, Florida, Georgia, North 
Carolina, South Carolina, and Virginia and all counties in the state of 
Tennessee east of and including Stewart, Houston, Humphreys, Perry, 
Wayne and Hardin counties.

                               North Delta

    All counties in the states of Arkansas and Missouri and all counties 
in Tennessee west of and including the counties of Henry, Benton, 
Henderson, Decatur, Chester and McNairy counties and the Mississippi 
counties of Alcorn, Benton, Calhoun, Chickasaw, DeSoto, Grenada, 
Itawamba, Lafayette, Lee, Marshall, Monroe, Panola, Pontotoc, Prentiss, 
Tate, Tippah, Tishomingo, Union and Yalobusha.

                               South Delta

    All counties in the state of Louisiana and all counties in the state 
of Mississippi not included in the North Delta market.

                         East Texas and Oklahoma

    All counties in the states of Kansas and Oklahoma and the Texas 
counties east of and including Montague, Wise, Parker, Erath, Comanche, 
Mills, San Saba, Mason, Sutton, Edwards, Kinney, Maverick, Webb, Zapata, 
Star and Hidalgo counties.

                               West Texas

    All Texas counties not included in the East Texas, Oklahoma and 
Desert Southwest Markets and the New Mexico counties of Union, Quay, 
Curry, Roosevelt and Lea.

                            Desert Southwest

    The Texas counties of Val Verde, Crockett, Terrell, Pecos, Brewster, 
Presidio, Jeff Davis, Culberson, Hudspeth and El Paso, all New Mexico 
counties except those included in the West Texas market, all counties in 
the state of Arizona and the California counties south of and including 
Riverside and Orange counties.

                           San Joaquin Valley

    All California counties except those included in the Desert 
Southwest market.

[53 FR 29326, Aug. 4, 1988, as amended at 78 FR 25182, Apr. 30, 2013]

[[Page 18]]



Sec.  27.94  Spot markets for contract settlement purposes.

    The following are designated as spot markets for the purpose of 
determining as provided in paragraph 15b(f)(3) of the act, the 
differences above or below the contract price which the receiver shall 
pay for grades tendered or deliverable in settlement of a basis grade 
contract:
    (a) For cotton delivered in settlement of any Cotton No. 2 or World 
Cotton contract on the Intercontinental Exchange (ICE); the spot markets 
are Southeastern, North and South Delta, Eastern Texas and Oklahoma, 
West Texas, and Desert Southwest.
    (b) [Reserved]

[53 FR 29327, Aug. 4, 1988, as amended at 80 FR 63890, Oct. 22, 2015]

                    Price Quotations and Differences



Sec.  27.95  Spot markets to conform to Act and regulations.

    Every bona fide spot market shall, as a condition of its designation 
and of the retention thereof, conform to the act and any applicable 
regulations.

[53 FR 29327, Aug. 4, 1988]



Sec.  27.96  Quotations in bona fide spot markets.

    The price or value and differences between the price or value of 
grades and staple lengths of cotton shall be based solely upon the 
official cotton standards of the United States and shall be the actual 
commercial value or price and differences as determined by the sale of 
spot cotton in such spot market. Quotations shall be determined and 
maintained in each designated spot market by the Cotton Division, 
Agricultural Marketing Service, USDA, as follows:
    (a) In spot markets designated to determine differences for the 
settlement of futures contracts, the Cotton Division will on each 
business day determine and quote by bale volume the prices or values of 
base qualities which are deliverable on any active futures contracts, as 
well as the differences for all other qualities deliverable on such 
contracts. The prices or differences for non-deliverable qualities will 
be determined and quoted by bale volume in each such spot market for 
those qualities normally produced or traded in that particular market.
    (b) In spot markets not designated to determine differences for the 
settlement of futures contracts, the Cotton Division will on each 
business day determine and quote by bale volume the prices or 
differences for all qualities of cotton normally produced or traded in 
each such spot market.

[53 FR 29327, Aug. 4, 1988]



Sec.  27.97  Ascertaining the accuracy of price quotations.

    The buyers and sellers of cotton in each spot market shall be 
responsible for providing accurate and timely price, quality, and volume 
of purchases data by growth area to the Cotton Division. The Cotton 
Division is responsible for ascertaining the accuracy of the price 
quotations in each designated spot market. The Cotton Division will 
carry out this responsibility by performing the following duties and 
functions:
    (a) The Cotton Division will collect and analyze pertinent 
information on the prices and values of spot cotton from each spot 
market.
    (b) In the process of determining price quotations, the Cotton 
Division will contact a minimum of three buyers and sellers of cotton in 
each bona fide market at least two times per week during the active 
trading season and one time per week during the remainder of the year to 
obtain information on prices, qualities, volume, and terms of sales in 
sufficient detail to determine quotations.
    (c) The Cotton Division will summarize the price and quality data 
and, based on analysis of this summary, make determinations regarding 
quotations of price, value and differences.
    (d) Quotations for each spot market shall be reviewed and approved 
by the Cotton Division's Market News Branch Chief or Assistant Branch 
Chief prior to publication.
    (e) The Cotton Division will publish the appropriate quotations by 
bale volume for grades, staple lengths, micronaire determinations, and 
other

[[Page 19]]

quality factors for each spot market on a daily basis.

(The information collection requirements contained in this section were 
approved by the Office of Management and Budget under OMB control number 
0581-0029)

[53 FR 29327, Aug. 4, 1988]



Sec.  27.98  Value of grade where no sale; determination.

    As provided in Sec.  27.96, whenever no sale of a particular grade 
of cotton shall have been made on a given day in a particular spot 
market, the value of such grade in the market on that day will be 
determined as follows:
    (a) If on such given day there shall have been in such market both a 
sale of any higher grade and a sale of any lower grade, the average of 
the declines, or advances, or decline and advance, as the case may be, 
of the next higher grade and the next lower grade so sold shall be 
deducted from, or added to, as the case may be, the value, on the last 
preceding business day, of the grade the value of which on such given 
day is sought to be ascertained.
    (b) If on such given day there shall have been in such market a sale 
of either a higher or a lower grade, but not sales of both, the decline 
or advance of the next higher or the next lower grade so sold shall be 
deducted from, or added to, as the case may be, the value on the last 
preceding business day of the grade the value of which on such given day 
is sought to be ascertained.
    (c) If on such given day there shall have been in such market no 
sale of spot cotton of any grade, the value of each grade shall be 
deemed to be the same as its value therein on the last preceding 
business day, unless in the meantime there shall have been bona fide 
bids and offers, or sales of hedged cotton, or other sales of cotton, or 
changes in prices of futures contracts made subject to the act, which in 
the usual course of business would clearly establish a rise or fall in 
the value of spot cotton in such market, in which case such rise or fall 
may be calculated and added to or deducted from the value on the 
preceding business day of cotton of all grades affected thereby.

[53 FR 29327, Aug. 4, 1988]



Sec.  27.99  Values; expression.

    For the purpose of this subpart values shall be expressed in terms 
of cents and hundredths of a cent. A fraction of a hundredth, when equal 
to, or greater than, the half thereof, shall be treated as a hundredth, 
and when less than a half of a hundredth shall be disregarded.

[22 FR 10923, Dec. 28, 1957; 30 FR 7239, May 29, 1965. Redesignated at 
53 FR 29328, Aug. 4, 1988]



Sec.  27.100  Administration.

    The details of the method of carrying out the provisions of this 
subpart in each bona fide spot market shall be subject to the approval 
of the Director or shall be prescribed by the Director.

[48 FR 49214, Oct. 25, 1983. Redesignated at 53 FR 29328, Aug. 4, 1988]



PART 28_COTTON CLASSING, TESTING, AND STANDARDS--Table of Contents



   Subpart A_Regulations Under the United States Cotton Standards Act

                               Definitions

Sec.
28.1 Meaning of words.
28.2 Terms defined.

                       Administrative and General

28.3 Director.
28.4 Classing offices.
28.5-28.6 [Reserved]
28.7 Area Director, Classing Office; responsibility.
28.8 Classification of cotton; determination.
28.9 Inspection; sampling; classification.

               Requests for Classification and Comparison

28.15 Classification and comparison; requests.
28.16 Request for return of samples.
28.17 Filing of requests for classification or comparison.
28.18 One request only for classification.
28.19 Withdrawal or rejection of classification request.

              Licensing of Warehouses and Gins for Sampling

28.20 When license is required.
28.21 Eligibility and application.
28.22 Authority granted by license.
28.23 Suspension or revocation of license.
28.24 Surrender of license certificate.

[[Page 20]]

             Drawing, Submission and Disposition of Samples

28.25 Samples for Form A determination.
28.26 Samples for Form C determination.
28.27 Samples for Form D determination.
28.28 Lost or damaged samples.
28.29 Return of samples.
28.30 Samples not returned are property of Department.

                               Violations

28.31 Denial of service.
28.32 Misrepresentation; deceptive or fraudulent acts or practices; 
          violations.

                             Classification

28.35 Method of classification.
28.36 Order of classification.
28.37 Exposing of samples for classification.
28.38 Lower class (of two samples) to determine classification.
28.39 [Reserved]
28.40 Terms defined; cotton classification.

                        Sample or Type Comparison

28.45 Scope of comparison; requests.
28.46 Method of submitting samples and types.
28.47 Statement of finding for comparisons.

                       Certificates and Memoranda

28.55 Issuance of memoranda and certificates.
28.56 Form A and Form D memorandum.
28.57 Form C certificate.
28.58 New memorandum or certificate; issuance.
28.59 Lost memorandum or certificate may be replaced by duplicate.
28.60 Surrender of memoranda or certificates.

                                 Reviews

28.65 Provisions for reviews.
28.66 Review procedure.
28.68 Withdrawal of application for review.

                   Practical Forms of Cotton Standards

28.105 Practical forms of cotton standards.
28.106 Universal cotton standards.
28.107 Original cotton standards and reserve sets.

                             Fees and Costs

28.115 Fees and costs; payment.
28.116 Amounts of fees for classification; exemption.
28.117 Fee for new memorandum or certificate.
28.118 When no fee collected for new certificate or memorandum.
28.119 Fee when request for classification is withdrawn.
28.120 Expenses to be borne by party requesting classification.
28.121 Advance deposits.
28.122 Fee for practical classing examination.
28.123 Costs of practical forms of cotton standards.
28.124 Payments; procedure.
28.125 No voiding or modifying claims for payment.
28.126 Loaning of forms and exhibits.

                     Adjustment of Contract Disputes

28.160 Cotton examiners on foreign exchanges.
28.161 Disputes involving contracts for shipment of cotton from United 
          States.
28.162 Procedure.

                           Publications Media

28.165 OMB control numbers assigned pursuant to the Paperwork Reduction 
          Act.

           Subpart B_Classification for Foreign-Growth Cotton

28.175 Administrative and general.
28.176 Designation of official certificates, memoranda, marks, other 
          identifications, and devices for purpose of the Agricultural 
          Marketing Act.
28.177 Request for classification and comparison of cotton.
28.178 Submission of cotton samples.
28.179 Lost or damaged samples.
28.180 No return of samples.
28.181 Withdrawal of classification request.
28.182 Denial of service.
28.183 Methods of cotton classification and comparison.
28.184 Availability of electronic cotton classification data.
28.185 Issuance of cotton classification memoranda.
28.186 Review of cotton classification or comparison.
28.187 Surrender of memoranda.
28.188 Fee amounts.
28.189 Expenses to be borne by party requesting classification.
28.190 Advance deposits.
28.191 Payments methods.
28.192 No voiding or modifying claims for payment.

                           Subpart C_Standards

   Official Cotton Standards of the United States for Length of Staple

28.301 Measurement: humidity; temperature.
28.302 Terms of designation.
28.303 Standards for length of staple for American upland cotton.
28.304 Original representation of American Pima cotton staple lengths.
28.306 Over \13/16\ inch staple.
28.307 Bale of different staple lengths.

[[Page 21]]

 Official Cotton Standards of the United States for the Color Grade of 
                         American Upland Cotton

                              White Cotton

28.401 Good Middling Color.
28.402 Strict Middling Color.
28.403 Middling Color.
28.404 Strict Low Middling Color.
28.405 Low Middling Color.
28.406 Strict Good Ordinary Color.
28.407 Good Ordinary Color.

                          Light Spotted Cotton

28.411 Good Middling Light Spotted Color.
28.412 Strict Middling Light Spotted Color.
28.413 Middling Light Spotted Color.
28.414 Strict Low Middling Light Spotted Color.
28.415 Low Middling Light Spotted Color.
28.416 Strict Good Ordinary Light Spotted Color.

                             Spotted Cotton

28.421 Good Middling Spotted Color.
28.422 Strict Middling Spotted Color.
28.423 Middling Spotted Color.
28.424 Strict Low Middling Spotted Color.
28.425 Low Middling Spotted Color.
28.426 Strict Good Ordinary Spotted Color.

                              Tinged Cotton

28.431 Strict Middling Tinged Color.
28.432 Middling Tinged Color.
28.433 Strict Low Middling Tinged Color.
28.434 Low Middling Tinged Color.

                          Yellow Stained Cotton

28.441 Strict Middling Yellow Stained Color.
28.442 Middling Yellow Stained Color.

                        Below Color Grade Cotton

28.451 Below Color Grade Cotton.

  Official Cotton Standards of the United States for the Leaf Grade of 
                         American Upland Cotton

                               Leaf Grades

28.461 Leaf Grade 1.
28.462 Leaf Grade 2.
28.463 Leaf Grade 3.
28.464 Leaf Grade 4.
28.465 Leaf Grade 5.
28.466 Leaf Grade 6.
28.467 Leaf Grade 7.

                         Below Leaf Grade Cotton

28.471 Below Leaf Grade Cotton.

                                 General

28.480 General.
28.481 Alternate title for standards.
28.482 United States Cotton Futures Act.

 Official Cotton Standards of the United States for the Color Grade of 
                          American Pima Cotton

28.501 Color Grade No. 1.
28.502 Color Grade No. 2.
28.503 Color Grade No. 3.
28.504 Color Grade No. 4.
28.505 Color Grade No. 5.
28.506 Color Grade No. 6.
28.507 Color Grade No. 7.
28.508-28.510 [Reserved]

  Official Cotton Standards of the United States for the Leaf Grade of 
                          American Pima Cotton

28.511 Leaf Grade No. 1.
28.512 Leaf Grade No. 2.
28.513 Leaf Grade No. 3.
28.514 Leaf Grade No. 4.
28.515 Leaf Grade No. 5.
28.516 Leaf Grade No. 6.
28.517 Leaf Grade No. 7.

             Application of Standards and Explanatory Terms

28.521 Application of color and leaf grade standards.
28.522 Explanatory terms.

    Symbols and Code Numbers Used in Recording Cotton Classification

28.525 Symbols and code numbers.

 Official Cotton Standards of the United States for Fiber Fineness and 
                                Maturity

28.601 Official cotton standards for fiber fineness and maturity.
28.602 Terms of designations.
28.603 Procedures for air flow tests of micronaire reading.

  Subpart D_Cotton Classification and Market News Service for Producers

                               Definitions

28.901 Definitions.

                             Administration

28.902 Director.

                 Classification and Market News Services

28.903 Classification of samples.
28.904 Market news.

                                Sampling

28.906 Sampling arrangements.
28.907 Responsibilities of licensed gins or warehouses.
28.908 Samples.
28.909 Costs.

                             Classification

28.910 Classification of samples and issuances of classification data.

[[Page 22]]

28.911 Review classification.

                         Limitations of Services

28.917 Limitations of Services.

               Subpart E_Cotton Fiber and Processing Tests

                               Definitions

28.950 Terms defined.

                             Administration

28.951 Director.

                       Fiber and Processing Tests

28.952 Testing of samples.
28.953 Requirements as to samples.
28.954 Costs of submitting samples.
28.955 Disposition of samples.
28.956 Prescribed fees.
28.957 Special tests and fees.
28.958 Payment of fees.
28.959 Limitation of testing services.
28.960 Confidential information.
28.961 False and misleading information.

    Cross Reference: For regulations relating to cotton classification 
under cotton futures legislation, and cottonseed sold or offered for 
sale for crushing purposes, see parts 27 and 61 of this chapter.

    Source: 22 FR 10930, Dec. 28, 1957, unless otherwise noted.



   Subpart A_Regulations Under the United States Cotton Standards Act

    Authority: 7 U.S.C. 55 and 61.

                               definitions



Sec.  28.1  Meaning of words.

    Words used in this part in the singular form shall be deemed to 
import the plural, and vice versa, as the case may demand.



Sec.  28.2  Terms defined.

    As used throughout this subpart, unless the context otherwise 
requires, the following terms shall be construed, respectively, to mean:
    (a) The Act. The United States Cotton Standards Act, approved March 
4, 1923 (42 Stat. 1517; 7 U.S.C. 51 et seq.) with such amendments as may 
be made from time to time.
    (b) Regulations. Regulations mean the provisions in this subpart.
    (c) Department. The United States Department of Agriculture.
    (d) Secretary. The Secretary of Agriculture of the United States, or 
any officer or employee of the Department who has been delegated, or who 
mayhereafter be delegated the authority to act for the Secretary.
    (e) Service. The Agricultural Marketing Service of the U.S. 
Department of Agriculture.
    (f) Administrator. The Administrator of the Agricultural Marketing 
Service, or any officer or employee of the Service, who has been 
delegated, or who may hereafter be delegated the authority to act for 
the Administrator.
    (g) Program. The Cotton and Tobacco Program of the Agricultural 
Marketing Service.
    (h) Director. The Director of the Cotton Division, or any officer or 
employee of the Division who has been delegated, or who may hereafter be 
delegated the authority to act for the Director.
    (i) Classing Office. A facility of the Cotton Division established 
under the act at any point.
    (j) Quality Assurance Division. The national classing supervision 
office at Memphis, Tennessee performing final review of cotton 
classification.
    (k) Cotton classer. An employee of the Department so designated by 
the Director after having passed the prescribed practical cotton 
classing examination.
    (l) License. A license issued under the Act by the Secretary to 
sample cotton.
    (m) Licensed warehouse or gin. A cotton warehouse or gin licensed 
under the United States Cotton Standards Act to sample cotton.
    (n) Cotton. The word cotton means cotton of any variety produced 
within the continental United States. In this subpart, for 
administrative convenience the word ``cotton'' is used to signify 
vegetable hair removed from cottonseed in the usual process of ginning.
    (o) Upland Cotton. All cotton grown anywhere within the continental 
United States including the growths sometimes referred to as Upland, 
Gulf, and Texas cotton, but excluding American Pima growths.
    (p) Official Cotton Standards. Official Cotton Standards of the 
United States

[[Page 23]]

for the color grade and the leaf grade of American upland cotton, the 
color grade and the leaf grade of American Pima cotton, the length of 
staple, and fiber property measurements, adopted or established pursuant 
to the Act, or any change or replacement thereof.
    (q) Universal Cotton Standards. The official cotton standards of the 
United States for the grade of American upland cotton. May be referenced 
informally as ``Universal standards.''
    (r) Person. Individual, association, partnership, or corporation, or 
two or more individuals having a joint or common interest.
    (s) Owner. Person who through financial interest, owns, controls, or 
has the disposition either of cotton or of samples.
    (t) Custodian. Person who has possession or control of cotton or of 
samples, as agent, controller, broker, or factor, as the case may be.
    (u) State. A State, Territory, or district of the United States.

(Sec. 2, Pub. Res. 72-73, 47 Stat. 1621 (7 U.S.C. 51b); sec. 3c, Pub. L. 
75-28, 50 Stat. 62 (7 U.S.C. 473c))

[22 FR 10932, Dec. 28, 1957, as amended at 28 FR 10633, Oct. 3, 1963; 30 
FR 6637, May 14, 1965; 42 FR 24711, May 16, 1977; 46 FR 24927, May 4, 
1981; 52 FR 30880, Aug. 18, 1987; 58 FR 41993, Aug. 6, 1993; 65 FR 
36600, June 9, 2000; 81 FR 7029, Feb. 10, 2016]

                       administrative and general



Sec.  28.3  Director.

    The Director shall perform for and under the supervision of the 
Secretary and the Administrator, such duties as the Secretary or the 
Administrator may require in enforcing the provisions of the Act and the 
regulations issued thereunder.



Sec.  28.4  Classing offices.

    Classing Offices shall be maintained at points designated by the 
Administrator. Requests for the review of the classification and/or 
comparison of cotton performed by Classing Offices may be referred to 
the Quality Control Section.

[52 FR 30881, Aug. 18, 1987]



Sec. Sec.  28.5-28.6  [Reserved]



Sec.  28.7  Area Director, Classing Office; responsibility.

    Subject to this subpart and the instructions of the Director, the 
Area Director of each Classing Office shall be responsible for the 
proper performance of the duties imposed on such office and on the 
persons connected therewith. The Area Director shall be responsible for 
receiving all correspondence relating to the classification of cotton 
under the act and for providing that all samples are prepared for 
classification and/or comparison in such manner that the name of the 
owner and/or the custodian shall be unknown to the cotton classers until 
after the samples are classified.

[52 FR 30881, Aug. 18, 1987]



Sec.  28.8  Classification of cotton; determination.

    For the purposes of The Act, the classification of any cotton shall 
be determined by the quality of a sample in accordance with Universal 
Cotton Standards (the official cotton standards of the United States) 
for the color grade and the leaf grade of American upland cotton, the 
length of staple, and fiber property measurements such as micronaire. 
High Volume Instruments will determine all fiber property measurements 
except extraneous matter, special conditions and remarks. High Volume 
Instrument colormeter measurements will be used for determining the 
official color grade. Cotton classers authorized by the Cotton and 
Tobacco Programs will determine the presence of extraneous matter, 
special conditions and remarks and authorized employees of the Cotton 
and Tobacco Programs will determine all fiber property measurements 
using High Volume Instruments. The classification record of a Classing 
Office or the Quality Control Division with respect to any cotton shall 
be deemed to be the classification record of the Department.

[77 FR 20505, Apr. 5, 2012]



Sec.  28.9  Inspection; sampling; classification.

    The inspection, sampling, and classification of cotton in the United 
States

[[Page 24]]

pursuant to the Act shall be performed as prescribed in this subpart. 
Subject in general to the provisions of this subpart the Director may 
issue from time to time instructions for the sampling, classification, 
and issuance of classification memoranda for cotton classed for special 
programs and other Government agencies, including the review of any 
classification performed pursuant to Sec. Sec.  28.901 through 28.919.

[58 FR 41993, Aug. 6, 1993]

               requests for classification and comparison



Sec.  28.15  Classification and comparison; requests.

    All requests for classification and comparison shall be in writing 
on a form supplied by the Division and shall contain such information as 
the Director may require. For each lot or mark of cotton which the 
applicant desires classified or compared separately he shall specify 
which of the following forms of service is desired:
    (a) Form A determination. The classification or comparison of 
samples freshly drawn and submitted to a Classing Office direct from a 
licensed warehouseman, at the request of the owner of the cotton or the 
owner's agent. Such classification or comparison shall be evidenced by a 
Form A memorandum which shall be subject to review as provided in Sec.  
28.66.
    (b) Form C determination. The classification of bales of cotton 
inspected and sampled under the supervision of an employee of the 
Division. The classification in such cases shall be evidenced by a Form 
C certificate which shall be subject to review as provided in Sec.  
28.66.
    (c) Form D determination. The classification or comparison of 
samples submitted by the owner of the cotton or the owner's agent. Such 
classification or comparison shall be evidenced by a Form D memorandum 
which shall be subject to review as provided in Sec.  28.66.
    (d) Micronaire reading service. Micronaire (mike) reading service is 
available under Forms A, C, and D determinations upon request from the 
applicant and subject to the fees specified in Sec.  28.116 of this part 
28.

[22 FR 10932, Dec. 28, 1957, as amended at 31 FR 7734, June 1, 1966; 52 
FR 30881, Aug. 18, 1987]



Sec.  28.16  Request for return of samples.

    Any applicant desiring return of the samples after classification or 
comparison is completed, at the applicant's expense, shall indicate this 
service on the form used for requesting such classification or 
comparison.

[52 FR 30881, Aug. 18, 1987]



Sec.  28.17  Filing of requests for classification or comparison.

    All requests for classification or comparison leading to Form A, 
Form D memoranda or, Form C certificates shall be filed with the 
Classing Office which serves the territory in which the cotton is 
located. Samples which are submitted to any Classing Office for 
classification or comparison may be referred by such Classing Office to 
another Classing Office for classification or comparison.

[52 FR 30881, Aug. 18, 1987]



Sec.  28.18  One request only for classification.

    Not more than one request for a Form A determination, or a Form C 
determination, or a Form D determination of the same cotton, except a 
request for a review determination, shall be filed by the same owner 
within any 30-day period. Any subsequent request shall be accomplished 
by redrawn samples and the Area Director may require that any Form A or 
Form D memoranda, Form C certificates, or other classification data 
previously issued by a Classing Office with respect to samples 
purporting to represent the same cotton shall be returned before such 
redrawn samples are classed.

[52 FR 30881, Aug. 18, 1987]



Sec.  28.19  Withdrawal or rejection of classification request.

    Any classification request may be withdrawn by the applicant at any 
time before the classification of the cotton covered thereby, subject to 
the payment of such fees, if any, as may be prescribed in these 
regulations. Any

[[Page 25]]

classification request may be rejected by the Area Director or the Head 
of the Quality Control Section for noncompliance with the act or this 
subpart.

[52 FR 30881, Aug. 18, 1987]

              licensing of warehouses and gins for sampling

    Authority: Sections 28.20 to 28.24 issued under sec. 2, Pub. Res. 
72-73, 47 Stat. 1621 (7 U.S.C. 51b); sec. 3c, Pub. L. 75-28, 50 Stat. 62 
(7 U.S.C. 473c).

    Source: Sections 28.20 through 28.24 appear at 42 FR 24711, May 16, 
1977, unless otherwise noted.



Sec.  28.20  When license is required.

    Samples for Form A determination shall be accepted under this 
subpart from licensed warehousemen only. Samples for classification 
pursuant to Sec. Sec.  28.901 through 28.917 shall be accepted from 
licensed gins or warehouses. No license is required to sample cotton for 
Form C or Form D determination.



Sec.  28.21  Eligibility and application.

    Any cotton warehouse or gin which may desire to submit samples for 
determination or classification for which a license is required under 
Sec.  28.20 shall be eligible for a license. Application for licenses to 
draw and submit samples shall be submitted by warehouses and gins on 
forms furnished by the Division.



Sec.  28.22  Authority granted by license.

    Licenses issued by the Division shall authorize the warehouse to 
draw and submit samples from cotton stored in the warehouse for Form A 
determination or for classification pursuant to Sec. Sec.  28.901 
through 28.917. Licenses issued by the Division shall authorize gins to 
draw and submit samples from cotton ginned at the gin for classification 
pursuant to Sec. Sec.  28.901 through 28.917. Licenses shall be valid 
for a period of five years.



Sec.  28.23  Suspension or revocation of license.

    (a) Any license issued to a warehouse or gin to sample cotton may be 
suspended or revoked, following notice and opportunity for hearing, if 
the licensee has knowingly or carelessly sampled cotton improperly, or 
has submitted improper samples for classification, or has violated any 
provision of the Act or the regulations, or has used the license, or 
allowed it to be used, for any improper purpose.
    (b) Procedure. (1) All cases arising under this paragraph shall be 
conducted under the Uniform Rules of Practice, 7 CFR 1.130 et seq., and 
instituted upon a complaint filed by the Administrator.
    (2) In all cases except those involving willfulness, or in which the 
public health, interest, or safety otherwise requires, prior to the 
institution of a formal proceeding, the Administrator shall give written 
notice to the licensee of facts or conduct which appear to warrant 
institution of such a proceeding and shall afford the licensee the 
opportunity, within a reasonable time, to demonstrate or achieve 
compliance with the Act and regulations.
    (c) Suspension pending adjudication. In any situation where the 
integrity of sampling procedures would be seriously jeopardized if a 
license remained valid pending formal adjudication, the Administrator 
may temporarily suspend the license effective on or after the third day 
after mailing notice thereof to the licensee's last know address. Notice 
of temporary suspension may be made at or after the filing of a 
complaint and shall contain the reasons for the action.
    (d) Conditional suspension. (1) The Administrator may temporarily 
suspend a license, without hearing, for a correctable cause. Such 
suspension, after appropriate corrective action is taken, will 
terminate.
    (2) Written notice shall be given to the licensee in advance of a 
temporary suspension if practicable, or within 2 days of oral notice, 
stating the reasons and grounds for temporary suspension.
    (3) A licensee may request a formal hearing procedure following 
receipt of oral or written notice of temporary suspension.
    (e) During any period in which the cotton sampling license of a 
warehouse or gin is suspended or revoked, the Division will not accept 
any samples from the licensee for Form A determination, or for 
classification pursuant to Sec. Sec.  28.901 through 28.917.

[[Page 26]]



Sec.  28.24  Surrender of license certificate.

    In the event of suspension or revocation of a license, the licensee 
shall promptly surrender the license to the Division.

             drawing, submission and disposition of samples



Sec.  28.25  Samples for Form A determination.

    Samples for Form A determination shall be drawn, handled, 
identified, and shipped by a licensed warehouse according to the methods 
and procedures specified in this section. Any samples or set of samples 
which do not meet these specified requirements may be rejected by the 
Area Director.
    (a) Samples shall be freshly drawn.
    (b) Each sample shall consist of two portions, one drawn from each 
side of the bale. Each portion shall be at least six (6) inches wide and 
approximately twelve (12) inches long and shall weigh at least three (3) 
ounces.
    (c) Where it is necessary to draw two sets of samples, a single cut 
should be made in each side of the bale, and the portion of cotton 
removed from each cut should be broken in half across the layers to 
provide two complete samples. In those cases where this method would 
result in samples of insufficient length, it will be acceptable to split 
the sample lengthwise along the layers provided the outside portion from 
each side is submitted for the official classification.
    (d) Dressing, trimming, or discarding part of the sample is 
prohibited. No part of the cotton or pieces of bagging, leaf, grass, 
dirt, sand, or any other material shall be removed from either side of 
the sample.
    (e) A coupon showing the correct warehouse bale number and name and 
address of warehouse shall be placed between the two portions of each 
sample.
    (f) Samples shall be identified and sacked immediately after they 
are cut without further handling prior to shipment to the Classing 
Office.
    (g) Samples shall be addressed to and mailed, shipped, or delivered 
direct to the Classing Office serving the territory in which the 
warehouse is located. Samples shall in no case be consigned or routed 
through the owner or custodian of the cotton. Samples mailed or shipped 
shall be prepaid.
    (h) The Area Director may require that any licensed warehouse shall 
provide the crop year, gin name and gin bale number for each sample 
submitted whenever the Area Director deems that such information is 
necessary in order to assure that each sample is properly identified 
with the correct bale of cotton.
    (i) The licensed warehouse shall cooperate with employees of the 
Division making inspections of sampling procedures, and shall draw or 
permit the drawing of such additional samples, without charge as may be 
deemed necessary to appraise sampling procedures.

(Sec. 2, Pub. Res. 72-73, 47 Stat. 1621 (7 U.S.C. 51b); sec. 3c, Pub. L. 
75-28, 50 Stat. 62 (7 U.S.C. 473c), sec. 10, 42 Stat. 1519, sec. 3c, 50 
Stat. 62; 7 U.S.C. 61, 473c)

[28 FR 10633, Oct. 3, 1963, as amended at 42 FR 24712, May 16, 1977; 45 
FR 46783, July 11, 1980; 52 FR 30881, Aug. 18, 1987]



Sec.  28.26  Samples for Form C determination.

    Samples submitted for Form C determination shall be drawn under the 
supervision of a Division employee who shall retain custody or control 
of the samples until they are shipped prepaid or delivered at the 
applicant's expense to the Classing Office serving the territory in 
which the bales of cotton are located.

[52 FR 30881, Aug. 18, 1987]



Sec.  28.27  Samples for Form D determination.

    Samples for Form D determination shall be shipped or delivered at 
the owner's expense to the Classing Office serving the territory in 
which the samples are located. A tag or coupon showing the bale number 
of the bale from which the sample was drawn, or other identification, 
shall be placed between the two portions of each sample.

[52 FR 30881, Aug. 18, 1987]

[[Page 27]]



Sec.  28.28  Lost or damaged samples.

    If any samples are lost, damaged, or mutilated, the Area Director 
shall inform the applicant.

[52 FR 30882, Aug. 18, 1987]



Sec.  28.29  Return of samples.

    When so stipulated in the classification request for Form A, C or D 
detemination, the samples submitted shall be returned to the applicant 
at the applicant's expense, at the time the memorandum is issued or when 
the request for classification is withdrawn or rejected.

[52 FR 30882, Aug. 18, 1987]



Sec.  28.30  Samples not returned are property of Department.

    Samples not returned in accordance with this subpart, and loose 
cotton separated from samples in the handling and classification 
thereof, shall become the property of the Department.

[28 FR 10633, Oct. 3, 1963]

                               violations



Sec.  28.31  Denial of service.

    The Administrator may for good cause, including the acts or 
practices set forth in Sec.  28.32, debar any person, including the 
agents, officers, subsidiaries, or affiliates of such person, from any 
or all benefits of the Act for a specified period, after notice and 
opportunity for hearing has been afforded. Procedures outlined, or 
referred, in part 50 of this chapter (7 CFR 50.1 et seq.) shall govern 
proceedings under this section.

(Sec. 2, Pub. Res. 72-73, 47 Stat. 1621 (7 U.S.C. 51b); sec. 3c, Pub. L. 
75-28, 50 Stat. 62 (7 U.S.C. 473c))

[42 FR 24712, May 16, 1977]



Sec.  28.32  Misrepresentation; deceptive or fraudulent acts or practices; 
violations.

    Any of the following acts or practices may result in debarment from 
any or all benefits of the Act:
    (a) Any knowing misrepresentation or deceptive or fraudulent act or 
practice made or committed, or attempted to be committed, by any person 
in connection with
    (1) Any request for classification,
    (2) The drawing, handling, identifying, or submitting of any samples 
for classification,
    (3) The making, issuing, or using of any memorandum or certificate 
of classification issued by a Classing Office or the Quality Assurance 
Division or
    (b) Any knowing violation of the regulations in this subpart or of 
the Act.

[28 FR 10634, Oct. 3, 1963, as amended at 52 FR 30882, Aug. 18, 1987; 81 
FR 7029, Feb. 10, 2016]

                             classification



Sec.  28.35  Method of classification.

    All cotton samples shall be classified on the basis of the Universal 
Cotton Standards, the official cotton standards of the United States in 
effect at the time of classification.

[81 FR 7029, Feb. 10, 2016]



Sec.  28.36  Order of classification.

    All samples for which classification requests are pending shall be 
classified, as far as practicable, in the order in which the samples are 
delivered for classification. When in the opinion of the Area Director 
or Quality Assurance Director there is a need to deviate from this order 
of classification, the director shall designate which samples will be 
given priority in classification.

[81 FR 7029, Feb. 10, 2016]



Sec.  28.37  Exposing of samples for classification.

    Classification shall not proceed until the samples, after being 
delivered to the Program, shall have been exposed for such length of 
time as in the judgment of the Area Director or Quality Assurance 
Director shall be sufficient to put them in proper condition for the 
purpose.

[81 FR 7029, Feb. 10, 2016]



Sec.  28.38  Lower class (of two samples) to determine classification.

    If a sample drawn from one portion of a bale is lower class than one 
drawn from another portion of such bale, except as otherwise provided in 
this subpart, the classification of the bale shall

[[Page 28]]

be that of the sample showing the lower class.

[81 FR 7029, Feb. 10, 2016]



Sec.  28.39   [Reserved]



Sec.  28.40  Terms defined; cotton classification.

    For the purposes of classification of any cotton or of its 
comparison with a type or other samples, the following terms shall be 
construed, respectively, to mean:
    (a) Fire-damaged cotton. In those cases where it is certain that the 
cotton is fire damaged, the classification record shall be marked Code 
97 (Fire-Damaged Upland Cotton saw ginned) and no official color grade 
assigned to the sample.
    (b) Micronaire (mike) reading. The measurement of the fiber fineness 
and maturity, in combination, of cotton as determined by an airflow 
instrument. For any cotton that has a micronaire reading of 2.6 or 
lower, the Classing Office will enter the micronaire reading on all 
classification memoranda issued for such cotton.
    (c) Extraneous matter. Extraneous matter is any substance appearing 
in a cotton sample that is not discernible in the official cotton 
standards. Such material may consist of rough preparation, sand, dust, 
oil, grass, whole seeds, parts of seeds, motes, spindle twist, bark, 
stems, cloth and plastic.
    (d) Re-ginned cotton. Cotton that, after having been ginned and 
baled, has been subjected to a ginning process and then re-baled. 
Responsibility for identifying cotton, which has been actually re-
ginned, rests with the owner of the cotton or the owner's agent.
    (e) Repacked cotton. Cotton that is composed of factors', brokers', 
or other samples, or of loose or miscellaneous lots collected and 
rebaled, or cotton in a bale which is composed of cotton from two or 
more smaller bales or parts of bales that are combined after the cotton 
leaves the gin.
    (f) False packed cotton. Cotton in a bale (1) containing substances 
entirely foreign to cotton; (2) containing damaged cotton in the 
interior with or without any indication of such damage upon the 
exterior; (3) composed of good cotton upon the exterior and decidedly 
inferior cotton in the interior, in such manner as not to be detected by 
customary examination; or (4) containing pickings or linters worked into 
the bale.
    (g) Mixed-packed cotton. Cotton in a bale which, in the sample taken 
therefrom, shows a difference of two or more color grades, and/or a 
difference of two or more color groups, or grade of the other side that 
is one color grade and one color group higher between the two portions 
of the sample. White, Light Spotted, Spotted, Tinged, and Yellow Stained 
shall each constitute a color group. The classification assigned will be 
that of the portion showing the lower color grade. The classification 
record for the bale will contain a code 75, to designate mixed quality.
    (h) Water-damaged cotton. Cotton in a bale that has been penetrated 
by water during the baling process, causing damage to the fiber, or a 
bale that through exposure to the weather or by other means, while 
apparently dry on the exterior, has been damaged by water in the 
interior. If such condition can be ascertained, the classification 
record shall be marked Code 98 (Water-Damaged Upland Cotton saw ginned) 
and no official color grade will be assigned.

[22 FR 10933, Dec. 28, 1957, as amended at 26 FR 5945, July 1, 1961; 32 
FR 7011, May 9, 1967; 52 FR 30882, Aug. 18, 1987; 81 FR 7029, Feb. 10, 
2016]

                        sample or type comparison



Sec.  28.45  Scope of comparison; requests.

    A comparison of cotton samples with a type may be requested with 
respect to grade, or to staple, including any of the component qualities 
embodied in the grade, or to all these factors. The classification of 
the type and the samples in accordance with the official cotton 
standards of the United States may also be requested. The applicant must 
specify in a written request the scope of service desired.

[52 FR 30882, Aug. 18, 1987]



Sec.  28.46  Method of submitting samples and types.

    The method of submitting samples and types for comparison shall be 
the same as that prescribed in this subpart for submitting samples for 
classification.

[[Page 29]]



Sec.  28.47  Statement of finding for comparisons.

    For requests to compare samples to a type, findings shall be stated 
in terms of the classification of each sample submitted, the 
classification of the type as measured by the official cotton standards 
of the United States, and other explanatory notations as needed.

[81 FR 7030, Feb. 10, 2016]

                       certificates and memoranda



Sec.  28.55  Issuance of memoranda and certificates.

    As soon as practicable after the classification of cotton has been 
completed by a Classing Office, there shall be issued a cotton class 
memorandum or certificate of the appropriate kind showing the results of 
such classification. Upon request from an applicant, classification 
results may be issued in preliminary form on record sheets.

[52 FR 30882, Aug. 18, 1987]



Sec.  28.56  Form A and Form D memorandum.

    (a) When a classification and/or comparison has been made of any 
samples submitted to a Classing Office direct from a public warehouse, 
the results of such classification and/or comparison may be stated in a 
Form A memorandum.
    (b) When a classification and/or comparison has been made of any 
samples submitted by the owner of the cotton or the owner's agent, the 
results of such classification and/or comparison may be stated in a Form 
D memorandum.
    (c) Form A and Form D memoranda shall not be deemed to be final 
certificates within the meaning of section 4 of the Act (42 Stat. 1517; 
7 U.S.C. 54).

[22 FR 10930, Dec. 28, 1957, as amended at 52 FR 30882, Aug. 18, 1987]



Sec.  28.57  Form C certificate.

    When classification has been made of cotton inspected and sampled 
under supervision of a Division employee there shall be issued a cotton 
class certificate known as a Form C certificate. Each Form C certificate 
shall show the true classification of the cotton in the respects 
specified in the request. Such certificate, when it has been once 
reviewed in accordance with Sec.  28.66, shall be deemed to be a final 
certificate as to the classification shown, within the meaning of 
section 4 of the Act (42 Stat. 1517; 7 U.S.C. 54), in all cases except 
when superseded by a certificate or award made as provided in Sec.  
28.161.



Sec.  28.58  New memorandum or certificate; issuance.

    Upon the written request of a holder of a cotton class memorandum or 
certificate issued under this subpart, a new memorandum or certificate 
shall be issued, without the reclassification of the cotton, to take the 
place of the former memorandum or certificate for any cotton covered 
thereby, when necessary on account of the breaking or splitting of a lot 
or otherwise for the business convenience of such holder. In any case 
where a new memorandum or certificate is requested in accordance with 
this section the former memorandum or certificate shall be surrendered 
for cancellation, and such new memorandum or certificate shall bear a 
new number and the date of its issuance and the date of original 
classification and shall otherwise comply with this subpart.



Sec.  28.59  Lost memorandum or certificate may be replaced by duplicate.

    Upon the written request of the last holder of a valid Form A or 
Form D memorandum, or Form C Certificate and a showing to the 
satisfaction of the Area Director of the Classing Office which issued 
such memorandum or certificate that it has been lost or destroyed and, 
if lost, that diligent effort has been made to find it without success, 
a new memorandum or certificate shall be issued without the 
reclassification of the cotton. Such new memorandum or certificate shall 
bear the same number and date of issuance as the lost or destroyed 
memorandum or certificate and shall include a statement to the effect 
that it is a duplicate issued in lieu of the lost or destroyed original, 
as the case may be.

[52 FR 30882, Aug. 18, 1987]

[[Page 30]]



Sec.  28.60  Surrender of memoranda or certificates.

    For good cause, any memorandum or certificate issued under this 
subpart shall be surrendered to the Area Director of the Classing Office 
which issued it, upon the Area Director's request or upon the request of 
the Director. A new memorandum or certificate complying with this 
subpart may be issued in substitution therefor. If such memorandum or 
certificate be not surrendered upon such request, it shall nevertheless 
be invalid for the purposes of the act and this subpart.

[52 FR 30882, Aug. 18, 1987]

                                 reviews



Sec.  28.65  Provisions for reviews.

    Reviews of classifications or comparisons represented by Form A or D 
memoranda or Form C certificates shall be governed by Sec.  28.66.



Sec.  28.66  Review procedure.

    A review of any Form A, C, or D determination may be requested by 
the owner or custodian of the cotton from which the sample was drawn 
within 30 days after the issuance of the original memorandum. Such 
review shall cover all of the quality factors for which the original 
determination was made. Requests for reviews of Form A or D 
determinations may be filed with, and the review made by, the Classing 
Office which issued such memorandum or the Quality Control System. 
Requests for reviews of Form C determinations shall be filed with, and 
the reviews made by, the Quality Control System. Redrawn samples shall 
be required for reviews of Form A and Form C determinations except in 
cases where the original samples have remained, identity preserved, in 
the custody of the Division. When redrawn samples are necessary, they 
shall be drawn and submitted as prescribed in this subpart. As evidence 
of a review determination, a Form A or D memorandum or Form C 
certificate appropriately marked to indicate that it represents a review 
determination shall be issued to the applicant requesting the review. 
The applicant may be required by the Classing Office or the Quality 
Control Section issuing such review determination to surrender the 
original classification memorandum or certificate. In any event the 
review determination shall supersede and invalidate the original 
determination.

[52 FR 30882, Aug. 18, 1987]



Sec.  28.68  Withdrawal of application for review.

    Any application for review may be withdrawn by the applicant at any 
time before the review classification of the cotton covered thereby has 
been completed, subject to the payment of such fees, if any, as may be 
prescribed in this subpart.

                   practical forms of cotton standards



Sec.  28.105  Practical forms of cotton standards.

    (a) Practical forms of the cotton standards of the United States 
prepared in physical form, each certified under the seal of the U.S. 
Department of Agriculture and under the signature of the Administrator, 
thereto affixed by the Administrator or by some other official or 
employee of the Department duly authorized by the Administrator, and in 
the case of the standards for grade accompanied by photographs 
representing the cotton in such practical forms on the date of 
certification, are available for sale to any person requesting the same, 
subject to the other conditions of this section.
    (b) Each application for practical forms of the cotton standards 
shall be upon an application form furnished by the Division, shall be 
signed by the applicant, and shall incorporate the following conditions:
    (1) That no practical form of any of the cotton standards for the 
grade of American Upland cotton shall be considered or used as 
representing such standards after the date of its cancellation in 
accordance with this section or in any event after the expiration of 12 
months following the date of its certification: Provided, That sets of 
practical forms stored, protected, and preserved in accordance with 
certain agreements for the adoption of universal standards may be used 
for such periods as may be prescribed in such agreements.

[[Page 31]]

    (2) That said practical forms and the photographs accompanying them 
shall be subject to inspection on any business day, between the hours of 
9 a.m. and 4 p.m., by the Administrator or by an officer or agent of the 
Department authorized by the Administrator for that purpose.
    (3) That the signature of the Administrator certifying to any 
practical form, or any photograph of said practical form accompanying 
the same, or both, may be cancelled if it be found, upon such 
inspection, either that copy of said forms for any reason misrepresents 
the cotton standards or that any such photographs have been altered or 
mutilated.

[22 FR 10930, Dec. 28, 1975, as amended at 48 FR 37003, Aug. 16, 1983; 
52 FR 30883, Aug. 18, 1987]



Sec.  28.106  Universal cotton standards.

    Whenever any of the official cotton standards shall have been 
adopted as universal standards by an association or exchange located in 
a country other than the United States, the name of such association or 
exchange may be shown on the outside of the box or container.



Sec.  28.107  Original cotton standards and reserve sets.

    (a) The containers of the original Universal Standards and other 
official cotton standards of the United States currently adopted, 
whenever such official standards are represented by practical forms, 
shall be marked as prescribed in the order or orders of their 
establishment, and shall be wrapped and sealed. After being so marked, 
wrapped and sealed, they shall be held in secure storage in the custody 
of the U.S. Department of Agriculture. The Director may authorize the 
temporary removal of such containers from storage and the transporting 
of the containers to other locations for purposes of Universal Cotton 
Standards Conferences and other purposes as deemed necessary by the 
Director. Such containers shall remain in the control and custody of the 
Director until the original standards contained therein are superseded 
by new or revised standards.
    (b) At each Universal Cotton Standards Conference held for approving 
key copies of the Universal Standards there shall be prepared two full 
sets of practical forms of copies of such standards, which shall be 
known as ``Reserve Sets'' and which, upon the certification and 
recommendation of qualified experts, shall be certified by such experts 
as true copies of the currently adopted standards as and when 
established. Such reserve sets shall be enclosed in metal-lined cases 
and sealed in the presence of a special committee duly authorized by the 
Director and composed of representatives from the associations attending 
the conference and the Department. The special committee shall deposit 
the set designated as the First Reserve Set in a vault in a bank in 
Memphis, Tenn. The Division shall keep the set designated as the Second 
Reserve Set in secure storage. These reserve sets shall remain sealed 
and deposited until such time as they shall be required for examination 
and use as set forth in paragraph (c) of this section.
    (c) At the beginning of the next Universal Cotton Standards 
Conference, a special committee duly authorized by the Director and 
composed of representatives from the associations attending the 
conference and the Department shall deliver the First Reserve Set from 
its storage place to the site of the conference. This special committee 
shall witness the opening of the First Reserve Set for display at the 
conference. The Director shall arrange for removal of the Second Reserve 
Set from its storage place and for the transport of such set to the site 
of the conference. If upon examination of the First Reserve Set by 
representatives at the conference it should appear that such set has 
undergone any substantial change, the Second Reserve Set shall be opened 
and used in its stead.
    (d) The First Reserve Set of each conference or the Second Reserve 
Set, if it has been used in place of the First Reserve Set, as provided 
in paragraph (c) of this section shall be retained by the Division until 
the currently adopted standards which they represent have been 
superseded by new or revised standards.

[30 FR 6637, May 14, 1965, as amended at 48 FR 16874, Apr. 20, 1983; 52 
FR 30883, Aug. 18, 1987]

[[Page 32]]

                             fees and costs



Sec.  28.115  Fees and costs; payment.

    All charges for practical forms of cotton standards and all fees and 
expenses for services of inspection of bales and supervision of 
sampling, classification, comparison, or review by a Classing Office 
shall be paid at the time of filing the request for the service desired, 
except that in the discretion of the Director bills may be delivered to 
persons from whom payment or charges or fees may become due. Such bills 
shall be rendered as soon as practicable after the last day of each 
month for amounts due and unpaid on such dates. When necessary, in the 
discretion of the Area Director, any bill may be rendered at an earlier 
date for any charges or fees then due from the person to whom such bill 
may be rendered. Payment of any such bill shall be made as soon as 
possible after the rendition thereof, but in any event not later than 
the expiration of 2 weeks thereafter.

[52 FR 30883, Aug. 18, 1987]



Sec.  28.116  Amounts of fees for classification; exemption.

    (a) For the classification of any cotton or samples, the person 
requesting the services shall pay a fee, based on the description that 
follows, subject to the additional fee provided by paragraph (c) of this 
section.
    (1) For each calendar year, AMS will calculate the rate for services 
per hour per program employee using the following formulas:
    (i) Regular rate. The total AMS grading or classification program 
personnel direct pay divided by direct hours, which is then multiplied 
by the next year's percentage of cost of living increase, plus the 
benefits rate, plus the operating rate, plus the allowance for bad debt 
rate. If applicable, travel expenses may also be added to the cost of 
providing the service.
    (ii) Overtime rate. The total AMS grading or classification program 
personnel direct pay divided by direct hours, which is then multiplied 
by the next year's percentage of cost of living increase and then 
multiplied by 1.5 plus the benefits rate, plus the operating rate, plus 
an allowance for bad debt. If applicable, travel expenses may also be 
added to the cost of providing the service.
    (iii) Holiday rate. The total AMS grading or classification program 
personnel direct pay divided by direct hours which is then multiplied by 
the next year's percentage of cost of living increase and then 
multiplied by 2, plus benefits rate, plus the operating rate, plus an 
allowance for bad debt. If applicable, travel expenses may also be added 
to the cost of providing the service.
    (2) For each calendar year, based on historical costs, AMS will 
calculate the benefits, operating, and allowance for bad debt components 
of the regular, overtime and holiday rates as follows:
    (i) Benefits rate. The total AMS grading or classification program 
direct benefits costs divided by the total hours (regular, overtime, and 
holiday) worked, which is then multiplied by the next calendar year's 
percentage cost of living increase. Some examples of direct benefits are 
health insurance, retirement, life insurance, and Thrift Savings Plan 
(TSP) retirement basic and matching contributions.
    (ii) Operating rate. The total AMS grading or classification program 
operating costs divided by total hours (regular, overtime, and holiday) 
worked, which is then multiplied by the percentage of inflation.
    (iii) Allowance for bad debt rate. Total AMS grading or 
classification program allowance for bad debt divided by total hours 
(regular, overtime, and holiday) worked.
    (3) The calendar year cost of living expenses and percentage of 
inflation factors used in the formulas in this section are based on the 
most current Office of Management and Budget's Presidential Economic 
Assumptions.
    (b) When a comparison is requested of any samples with a type or 
with other samples, the fees prescribed in paragraph (a) of this section 
shall apply to every sample involved, including each of the samples of 
which the type is composed.
    (c) An additional fee based on current shipping rates shall be 
assessed for returning samples unless the request for service is so 
worded that the samples

[[Page 33]]

become government property immediately after classification.
    (d) For any review of classification or comparison of any cotton, 
the fees prescribed in paragraph (a) of this section shall apply. The 
additional fee prescribed in paragraph (c) of this section is not 
applicable to review of classification if made on the same sample as the 
original class or comparison.

[79 FR 67318, Nov. 13, 2014]



Sec.  28.117  Fee for new memorandum or certificate.

    For each new memorandum or certificate issued in substitution for a 
prior memorandum or certificate at the request of the holder, thereof, 
on account of the breaking or splitting of the lot of cotton covered 
thereby or otherwise for his business convenience, the person requesting 
such substitution shall pay a fee determined as described in Sec.  
28.116. If the memorandum is provided by electronic means, the fee shall 
be determined using the same provisions.

[79 FR 67319, Nov. 13, 2014]



Sec.  28.118  When no fee collected for new certificate or memorandum.

    No fee shall be collected for a new cotton class certificate or 
memorandum issued in lieu of a prior certificate or memorandum solely 
for the purpose of correcting clerical errors therein, or for the 
purpose of substituting a new form applicable to outstanding 
certificates or memorandums, or without an application therefor.



Sec.  28.119  Fee when request for classification is withdrawn.

    When the request for the classification or comparison of any cotton 
or an application for review shall be withdrawn after the classification 
of such cotton has been started pursuant thereto, the person filing the 
same shall pay the prescribed fee as to any such cotton already 
classified.



Sec.  28.120  Expenses to be borne by party requesting classification.

    For any samples submitted for Form A, Form C, or Form D 
determinations, the expenses of inspecting and sampling, or supervising 
the sampling, and the preparation of the samples and delivery of such 
samples to the classification room or other place specifically 
designated for the purpose by the Director shall be borne by the party 
requesting classification.

[56 FR 24673, May 31, 1991]



Sec.  28.121  Advance deposits.

    Upon request, the person from whom any payment under this subpart 
may become due shall make an advance deposit to cover such payment in 
such amount as may be necessary in the judgment of the official of the 
Program requesting the same.

[81 FR 7030, Feb. 10, 2016]



Sec.  28.122  Fee for practical classing examination.

    The fee for the practical classing examination for cotton shall be 
determined as described in Sec.  28.116. Any applicant who passes the 
examination may be issued a certificate indicating this accomplishment. 
Any person who fails to pass the examination may be reexamined. The fee 
for this practical reexamination will be determined as described in 
Sec.  28.116.

[79 FR 67319, Nov. 13, 2014]



Sec.  28.123  Costs of practical forms of cotton standards.

    The costs of practical forms of the cotton standards of the United 
States are as follows:

------------------------------------------------------------------------
                                         Dollars each box or roll
                                 ---------------------------------------
                                  Domestic shipments       Shipments
                                 --------------------  delivered outside
                                                        the continental
  Effective date: July 1, 1992                           United States
                                   f.o.b.            -------------------
                                  Memphis,   Surface              Air
                                     TN     delivery    Air      parcel
                                                      freight     post
                                                      collect  delivered
------------------------------------------------------------------------
Grade Standards:
  American Upland...............      $125      $130     $125      $165
  American Pima.................       160       165      160       200
Standards for length of staple:
  American Upland (prepared in          19        22       19        33
   one pound rolls for each
   length)......................
  American Pima (prepared in one        20        23       20        34
   pound rolls for each length).
------------------------------------------------------------------------


[[Page 34]]


[57 FR 27892, June 23, 1992]



Sec.  28.124  Payments; procedure.

    Any payment or advance deposit under Sec. Sec.  28.115 through 
28.123 shall be by check, draft, or money order, payable to the order of 
the ``Agricultural Marketing Service, USDA'', and may not be made in 
cash except in cases where the total payment or deposit does not exceed 
$1.

[22 FR 10937, Dec. 28, 1957, as amended at 30 FR 6637, May 14, 1965]



Sec.  28.125  No voiding or modifying claims for payment.

    Nothing in this subpart shall be construed to void or modify any 
claim which a person or party requesting and paying for a service may 
have against any other person or party for the payment of part or all of 
such costs.



Sec.  28.126  Loaning of forms and exhibits.

    In the discretion of the Director, limited numbers of copies of the 
practical forms of any of the official standards, or specially prepared 
exhibits illustrating any of such standards or cotton samples, may be 
loaned to governmental agencies for official purposes or to educational 
and other institutions or organizations for demonstration purposes.

                     adjustment of contract disputes



Sec.  28.160  Cotton examiners on foreign exchanges.

    Whenever any association or exchange in any country other than the 
United States shall adopt the universal standards and establish them as 
the basis of all transactions and contracts for American upland cotton, 
made and executed according to its rules, the Director may appoint 
certain members or officials of such exchanges as cotton examiners. 
Insofar as the administration of the act applies to cotton involved in 
contracts made in accordance with the rules of such exchange, the 
administration shall be as prescribed in Sec. Sec.  28.161 through 
28.162.



Sec.  28.161  Disputes involving contracts for shipment of cotton 
from United States.

    When an association or exchange located in a country other than the 
United States shall adopt any of the official cotton standards of the 
United States and when the members of the committee of such association 
or exchange having final jurisdiction in the matter of appeals have been 
designated as cotton examiners by the Director, such committee may be 
constituted for the purposes of this act a Board of the Department and 
authorized to act as follows:
    (a) Insofar as the exchange has adopted the universal standards the 
committee may pass upon the classification of cotton involved in a 
dispute between a party in the United States and a party without the 
United States to a contract made under the rules of the association or 
exchange.
    (b) The submission of samples of cotton involved in such a dispute 
to such association or exchange or such committee in accordance with the 
rules of the association or exchange shall be deemed to be a submission 
to the Department.
    (c) Determinations of classification made by the boards so 
constituted shall be final. When so provided in the articles, rules, or 
bylaws of the association or exchange, such determinations may be 
evidenced by awards. If an award is made which does not state the 
classification, such board will, upon request of the owner or custodian 
of the cotton and the payment of a reasonable additional fee, issue a 
certificate showing in detail the true classification for grade and 
color of such cotton, based upon a comparison of the samples with the 
universal standards or with a type or other samples on which the cotton 
has been sold, as the case may be.



Sec.  28.162  Procedure.

    The manner of procedure in submitting and handling samples, in 
classification and in instituting and conducting arbitrations and 
appeals shall be as prescribed in the articles, bylaws, and rules of the 
association or exchange.

[[Page 35]]

                           publications media



Sec.  28.165  OMB control numbers assigned pursuant to the Paperwork
Reduction Act.

    (a) Purpose. This section collects and displays the control numbers 
assigned to information collection requirements of the Office of 
Management and Budget contained in 7 CFR part 28 under the Paperwork 
Reduction Act of 1980.
    (b) Display.

------------------------------------------------------------------------
                                                             Current OMB
       7 CFR sections where identified and described         control No.
------------------------------------------------------------------------
28.15-28.19................................................    0581-0008
28.20-28.24................................................    0581-0008
28.25......................................................    0581-0009
28.66......................................................    0581-0008
28.105.....................................................    0581-0008
28.115.....................................................    0581-0008
28.120.....................................................    0581-0008
28.122.....................................................    0581-0008
28.139.....................................................    0581-0008
28.146.....................................................    0581-0008
28.177.....................................................    0581-0008
28.181-28.184..............................................    0581-0008
28.904.....................................................    0581-0009
28.906.....................................................    0581-0009
28.911.....................................................    0581-0008
------------------------------------------------------------------------


[52 FR 30884, Aug. 18, 1987]



           Subpart B_Classification for Foreign-Growth Cotton

    Authority: Sec. 205, 60 Stat. 1090, as amended (7 U.S.C. 1624); 7 
U.S.C. 471-476.



Sec.  28.175  Administrative and general.

    Insofar as applicable, and not inconsistent with this subpart, the 
provisions of subpart A of this part shall likewise apply to the 
classification and comparison of foreign-growth cotton. For the purposes 
of this subpart, foreign-growth cotton is defined as either cotton 
produced outside the continental United States or cotton produced in the 
continental United States but it is stored in and sample submitted for 
classification from location outside the continental United States.

[81 FR 7030, Feb. 10, 2016]



Sec.  28.176  Designation of official certificates, memoranda, marks, 
other identifications, and devices for purpose of the Agricultural 
Marketing Act.

    Subsection 203(h) of the Agricultural Marketing Act of 1946, as 
amended by Public Law 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 subpart, the terms listed below 
shall have the respective meanings specified:
    (a) Official certificate means any form of certification, either 
written, printed or electronic, used under this subpart to certify with 
respect to the fiber quality and conditions of samples submitted 
(including the compliance of submitted samples with applicable 
specifications).
    (b) Official memorandum means any initial record of findings made by 
an authorized person in the process of grading and classing, pursuant to 
this subpart, any processing or plant-operation report made by an 
authorized person in connection with grading and classing under this 
subpart, and any report made by an authorized person of services 
performed pursuant to this subpart.
    (c) Official mark, for the purposes of this subpart, means the grade 
mark, inspection mark, and any other mark associated only with the 
samples submitted to the Department for classification.
    (d) Official identification means any United States (U.S.) standard 
designation of class, grade, quality, or condition specified in this 
subpart or any symbol, stamp, label, or seal indicating that the 
submitted sample has been officially graded and/or indicating the class, 
grade, quality, or condition of the submitted sample.
    (e) Official device means a stamping appliance branding device, 
stencil, printed label or any other mechanically or manually operated 
tool that is

[[Page 36]]

approved by the Administrator for the purpose of applying any official 
mark or other identification to any product or the packaging material 
thereof.

[22 FR 10930, Dec. 28, 1957, as amended at 81 FR 7030, Feb. 10, 2016]



Sec.  28.177  Request for classification and comparison of cotton.

    The applicant shall make a separate request, using an application 
supplied by the Program, for each lot or mark of cotton that the 
applicant desires classified or compared separately. All requests for 
classification or comparison shall be filed with the Quality Assurance 
Division or the Classing Office designated by the Deputy Administrator 
of the Cotton and Tobacco Program.

[81 FR 7030, Feb. 10, 2016]



Sec.  28.178  Submission of cotton samples.

    Samples for foreign-growth cotton classification or comparison shall 
be drawn, handled, identified, and shipped according to the methods and 
procedures specified in this section. Any samples or set of samples 
which do not meet these specified requirements may be rejected by the 
Program.
    (a) Samples shall be freshly drawn.
    (b) Each sample shall consist of two portions, one drawn from each 
side of the bale. Each portion shall be at least six (6) inches (15.25 
cm) wide and approximately twelve (12) inches (30.5 cm) long and shall 
weigh at least eight (8) ounces (227 grams).
    (c) Dressing, trimming, or discarding part of the sample is 
prohibited. No part of the cotton or pieces of bagging, leaf, grass, 
dirt, sand, or any other material shall be removed from either side of 
the sample.
    (d) A barcoded coupon showing the correct location/warehouse code 
and bale number along with the name and address of owner/owner's agent 
shall be placed between the two portions of each sample.
    (e) Samples shall be identified and sacked immediately after they 
are cut without further handling prior to shipment to the Program.
    (f) Samples shall be addressed to and mailed, shipped, or delivered 
direct to the Program without being routed through the owner of the 
cotton or the owner's agent. All expenses related to the sampling and 
transportation of samples--including but not limited to any fees related 
to Customs clearance such as fumigation and/or phytosanitary 
certification--shall be prepaid by the owner of the cotton or the 
owner's agent.
    (g) All foreign-growth cotton samples submitted for classification 
and/or comparison shall be enclosed in one or more wrappers, which shall 
be labeled or marked, or both, in such manner as to show the location/
warehouse code; name and address of the owner/owner's agent; the number 
of bales represented by the samples in each wrapper; and such other 
information as may be necessary in accordance with the instructions of 
the Deputy Administrator.

[81 FR 7030, Feb. 10, 2016]



Sec.  28.179  Lost or damaged samples.

    The Program is not responsible for compensating the owner or owner's 
agent of cotton samples that are lost, damaged or mutilated prior to the 
Program taking receipt of said samples. The Program shall inform 
applicants in the event that samples are lost, damaged or mutilated.

[81 FR 7030, Feb. 10, 2016]



Sec.  28.180  No return of samples.

    Samples submitted for foreign-growth classification and/or 
comparison will not be returned to the applicant. Loosed cotton samples 
shall become the property of the Program.

[81 FR 7030, Feb. 10, 2016]



Sec.  28.181  Withdrawal of classification request.

    Any classification or comparison request may be withdrawn by the 
applicant at any time before the classification of the cotton covered 
thereby. If the withdrawal request is communicated after the 
classification/comparison has been started, the applicant shall pay the 
fees prescribed in Sec.  28.188.

[81 FR 7030, Feb. 10, 2016]

[[Page 37]]



Sec.  28.182  Denial of service.

    The Deputy Administrator may for good cause, including the acts or 
practices set forth in Sec.  28.32(a) or any knowing violation of the 
regulations in this subpart, deny any person, including the agents, 
officers, subsidiaries, or affiliates of such person, from any or all 
benefits of this subpart for a specified period, after notice and 
opportunity for hearing has been afforded. Procedures outlined, or 
referred, in part 50 of this chapter (7 CFR 50.1 through 50.12) shall 
govern proceedings under this section.

[81 FR 7031, Feb. 10, 2016]



Sec.  28.183  Methods of cotton classification and comparison.

    (a) The classification of foreign-growth cotton samples shall be 
determined by the quality of a sample in accordance with the Universal 
Cotton Standards (the official cotton standards of the United States) 
for the color grade and the leaf grade of Upland Cotton, the length of 
staple, and fiber property measurements such as length uniformity, 
strength, and micronaire. High Volume Instruments will determine all 
fiber property measurements except the determination of the presence of 
extraneous matter, special conditions and remarks. High Volume 
Instrument colorimeter measurements will be used for determining the 
official color grade. Cotton classers certified by the Cotton and 
Tobacco Program will determine the presence of extraneous matter, 
special conditions and remarks and authorized employees of the Cotton 
and Tobacco Program will determine all fiber property measurements using 
High Volume Instruments. The classification record issued by the Quality 
Assurance Division with respect to any cotton sample shall be deemed to 
be the classification record of the Department.
    (b) Additional procedures and methods pertaining to the 
classification of foreign-growth cotton samples are outlined in 
Sec. Sec.  28.36 through 28.40.
    (c) When a comparison of such cotton samples with other actual 
samples or with a type is requested, the procedure and methods shall be 
as outlined in Sec. Sec.  28.45 through 28.47.

[81 FR 7031, Feb. 10, 2016]



Sec.  28.184  Availability of electronic cotton classification data.

    As soon as practicable after the classification or comparison of 
cotton has been completed, electronic cotton classification data for 
each sample submitted will be made available for the owner or the 
owner's agent to retrieve. The data record transmitted is representative 
of only the sample submitted by the owner or the owner's agent rather 
than any particular cotton bale.

[81 FR 7031, Feb. 10, 2016]



Sec.  28.185  Issuance of cotton classification memoranda.

    Upon request, there shall be issued a cotton classification 
memorandum which shall embody within its written or printed terms:
    (a) The results of the classification or comparison.
    (b) The name of the country in which the cotton was produced.
    (c) The source from which the samples were received for 
classification.
    (d) A statement that any classification made has been on the basis 
of the Universal Cotton Standards (the official cotton standards of the 
United States) at the time of such classification.
    (e) A statement that any classification made applies only to the 
samples as submitted by the owner or the owner's agent and does not 
purport to represent any particular cotton bales.
    (f) The signature of the Director of the facility providing the 
classification service and the date of issuance of the memorandum.

[22 FR 10930, Dec. 28, 1957, as amended at 52 FR 30884, Aug. 18, 1987. 
Redesignated and amended at 81 FR 7030, 7031, Feb. 10, 2016]



Sec.  28.186  Review of cotton classification or comparison.

    An immediate review of every classification or comparison made 
pursuant to this subpart is performed automatically. Therefore, separate 
review classification services for foreign-growth cotton are not offered 
by the Program. Costs associated with such review classifications are 
integrated into the fees established in Sec.  28.188.

[81 FR 7031, Feb. 10, 2016]

[[Page 38]]



Sec.  28.187  Surrender of memoranda.

    For good cause, any memorandum issued under this subpart shall be 
surrendered to the Program, upon the request of the Director of the 
Quality Assurance Division, and a new memorandum complying with this 
subpart issued in substitution therefor. If the memorandum is not 
surrendered upon such request, it shall nevertheless be invalid for the 
purpose of this subpart.

[81 FR 7031, Feb. 10, 2016]



Sec.  28.188  Fee amounts.

    The provisions of Sec. Sec.  28.116 through 28.119 relating to fees 
shall apply to services performed with respect to foreign-growth cotton.

[81 FR 7031, Feb. 10, 2016]



Sec.  28.189  Expenses to be borne by party requesting classification.

    For any samples submitted for foreign-growth classification, all 
expenses related to the sampling and transportation of samples, which 
may include but is not limited to any fees related to Customs clearance 
such as fumigation and/or phytosanitary certification, shall be prepaid 
by the owner of the cotton or the owner's agent.

[81 FR 7031, Feb. 10, 2016]



Sec.  28.190  Advance deposits.

    Advance deposit requirements for services rendered under this 
subpart are specified in Sec.  28.121.

[81 FR 7031, Feb. 10, 2016]



Sec.  28.191  Payments methods.

    Acceptable methods of payment or advance deposit for fees specified 
in Sec.  28.188 are as follows:
    (a) Credit card (Visa, MasterCard, Discover, or American Express): 
For remittance of payment by credit card, cardholder's name, billing 
address, credit card number, expiration date, etc. are required.
    (b) Wire transfers/Electronic Fund Transfers (EFT): Electronic 
payments are processed through the Federal Reserve Bank. Customer/
company name and government issued identification number are required. 
All fees associated with wire transfers/EFT are the responsibility of 
the remitter. Orders will not be processed until the total amount of the 
order is collected.
    (c) Check: Checks must be drawn on a United States bank in United 
States currency and include the bank routing number on the check. Checks 
should be made payable to ``USDA, AMS, Cotton and Tobacco Program''.

[81 FR 7031, Feb. 10, 2016]



Sec.  28.192  No voiding or modifying claims for payment.

    Nothing in this subpart shall be construed to void or modify any 
claim which a person or party requesting and paying for a service may 
have against any other person or party for the payment of part or all of 
such costs.

[81 FR 7031, Feb. 10, 2016]



                           Subpart C_Standards

   Official Cotton Standards of the United States for Length of Staple

    Authority: Sections 28.301 to 28.307 issued under Sec. 10, 42 Stat. 
1519; 7 U.S.C. 61. Interpret or apply sec. 6, 42 Stat. 1518, as amended, 
sec. 4854, 68A Stat. 580; 7 U.S.C. 56, 26 U.S.C. 4854.



Sec.  28.301  Measurement: humidity; temperature.

    The length of staple of any cotton shall be the normal length by 
measurement, without regard to quality or value, of a typical portion of 
its fibers under a relative humidity of the atmosphere of 65 percent and 
a temperature of 70 [deg]F.



Sec.  28.302  Terms of designation.

    The length of staple of any cotton shall be designated by that one 
of the following terms which expresses its measurement in inches and 
fractions of an inch in accordance with Sec.  28.301:
    ``Below \13/16\; \7/8\; \29/32\; \15/16\; \31/32\; 1; 1\1/32\; 1\1/
16\; 1\3/32\; 1\1/8\; 1\5/32\; 1\3/16\; 1\7/32\; 1\1/4\; 1\9/32\; 1\5/
16\; 1\11/32\; 1\3/8\; 1\13/32\; 1\7/16\; 1\15/32\; 1\1/2\; 1\17/32\; 
1\9/16\; 1\19/32\; 1\5/8\; 1\21/32\; 1\11/16\; 1\23/32\; 1\3/4\; and 
upward in like manner in gradations of thirty-seconds, disregarding any 
fraction less than a thirty-second.''



Sec.  28.303  Standards for length of staple for American upland cotton.

    (a) Effective July 12, 1985, standards for the lengths of staple of 
American

[[Page 39]]

upland cotton shall be measurements as determined by the Suter-Webb 
Duplex Cotton Fiber Sorter in accordance with the test method prescribed 
in paragraph (c) of this section. Ranges for each official staple length 
are shown in the table below. Staple standards exceeding 1\1/4\ inches, 
in graduations of thirty-second inches, will be expressed in increments 
of .041 inches.

                               [In inches]
------------------------------------------------------------------------
                                                          Upper quartile
                      Staple length                        length range
------------------------------------------------------------------------
\13/16\.................................................       .827-.847
\7/8\...................................................       .909-.929
\29/32\.................................................       .950-.970
\15/16\.................................................      .990-1.010
\31/32\.................................................     1.031-1.051
1.......................................................     1.072-1.092
1\1/32\.................................................     1.113-1.133
1\1/16\.................................................     1.154-1.174
1\3/32\.................................................     1.195-1.215
1\1/8\..................................................     1.236-1.256
1\5/32\.................................................     1.277-1.297
1\3/16\.................................................     1.318-1.338
1\7/32\.................................................     1.359-1.379
1\1/4\..................................................     1.400-1.420
------------------------------------------------------------------------

    (b) Cotton selected for the preparation of practical forms of staple 
standards shall, to the extent practicable, measure at the mid-point of 
the appropriate staple range indicated in paragraph (a) of this section.
    (c) Length measurements shall be performed in accordance with the 
``Standard Test Method for Length and Length Distribution of Cotton 
Fibers (Array Method), ANSI/ASTM D 1440-77 (1982), which is incorporated 
by reference pursuant to the provisions of 5 U.S.C. 552(a). This 
standard test method has been adopted by the American Society for 
Testing and Materials (ASTM) and approved as an American National 
Standard by the American National Standards Institute. It is published 
in the ``Annual Book of ASTM Standards,'' Part 33, volume 07.02. Copies 
of the ASTM book and copies of ASTM standard D 1440-77 as a separate 
publication may be obtained from ASTM, Customer Service, 1916 Race 
Street, Philadelphia, PA 19103. A copy of the ASTM standard test method 
is also on file at the Office of the Federal Register. A notice of any 
change in the ASTM standard test method cited herein will be published 
in the Federal Register.

[49 FR 28391, July 12, 1984]



Sec.  28.304  Original representation of American Pima cotton staple lengths.

    The following lengths of American Pima staple are represented by a 
quantity of cotton in the custody of the United States Department of 
Agriculture suitably contained and marked ``Original Representation of 
Official Cotton Standards of the United States'' followed in each 
instance by the name of growth, appropriate designation for staple 
length, and the effective date.

------------------------------------------------------------------------
          Staple length (inches)                   Effective date
------------------------------------------------------------------------
1\5/16\...................................  Aug. 1, 1961.
1\3/8\....................................  Aug. 10, 1943.
1\7/16\...................................  Aug. 10, 1943.
1\1/2\....................................  Aug. 1, 1929.
------------------------------------------------------------------------


[49 FR 28391, July 12, 1984]



Sec.  28.306  Over \13/16\ inch staple.

    Cotton which is more than thirteen-sixteenths of an inch in length 
of staple but is not exactly one of the measurements specified in Sec.  
28.302, shall be designated by that one of such measurements which comes 
nearest under its true measurement.

[22 FR 10930, Dec. 28, 1957. Redesignated at 49 FR 28391, July 12, 1984]



Sec.  28.307  Bale of different staple lengths.

    Whenever the length of staple of cotton taken from one part of a 
bale is different from that taken from another part of the same bale, 
the length of staple of the cotton in such bale shall be that of the 
part which is the shorter.

[22 FR 10930, Dec. 28, 1957. Redesignated at 49 FR 28391, July 12, 1984]

 Official Cotton Standards of the United States for the Color Grade of 
                         American Upland Cotton

    Authority: Section 28.401 to 28.451 issued under Sec. 10, 42 Stat. 
1519; (7 U.S.C. 61). Interpret or apply Sec. 6, 42 Stat. 1518, as 
amended; (7 U.S.C. 56), unless otherwise noted.

    Source: 57 FR 34497, Aug. 5, 1992, unless otherwise noted.

[[Page 40]]

                              white cotton



Sec.  28.401  Good Middling Color.

    Good Middling Color is color which is within the range represented 
by a set of samples in the custody of the United States Department of 
Agriculture in a container marked ``Original Official Cotton Standards 
of the United States, American Upland, Good Middling, effective July 1, 
1987.''



Sec.  28.402  Strict Middling Color.

    Strict Middling Color is color which is within the range represented 
by a set of samples in the custody of the United States Department of 
Agriculture in a container marked ``Original Official Cotton Standards 
of the United States, American Upland, Strict Middling, effective July 
1, 1987.''



Sec.  28.403  Middling Color.

    Middling Color is color which is within the range represented by a 
set of samples in the custody of the United States Department of 
Agriculture in a container marked ``Original Official Cotton Standards 
of the United States, American Upland, Middling, effective July 1, 
1987.''



Sec.  28.404  Strict Low Middling Color.

    Strict Low Middling Color is color which is within the range 
represented by a set of samples in the custody of the United States 
Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Upland, Strict Low 
Middling, effective July 1, 1987.''



Sec.  28.405  Low Middling Color.

    Low Middling Color is color which is within the range represented by 
a set of samples in the custody of the United States Department of 
Agriculture in a container marked ``Original Official Cotton Standards 
of the United States, American Upland, Low Middling, effective July 1, 
1987.''



Sec.  28.406  Strict Good Ordinary Color.

    Strict Good Ordinary Color is color which is within the range 
represented by a set of samples in the custody of the United States 
Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Upland, Strict Good 
Ordinary, effective July 1, 1987.''



Sec.  28.407  Good Ordinary Color.

    Good Ordinary Color is color which is within the range represented 
by a set of samples in the custody of the United States Department of 
Agriculture in a container marked ``Original Official Cotton Standards 
of the United States, American Upland, Good Ordinary, effective July 1, 
1987.''

                          Light Spotted Cotton

    Source: 57 FR 34497, Aug. 5, 1992, unless otherwise noted.



Sec.  28.411  Good Middling Light Spotted Color.

    Good Middling Light Spotted Color is color which in spot or color, 
or both, is between Good Middling Color and Good Middling Spotted Color.



Sec.  28.412  Strict Middling Light Spotted Color.

    Strict Middling Light Spotted Color is color which in spot or color, 
or both, is between Strict Middling Color and Strict Middling Spotted 
Color.



Sec.  28.413  Middling Light Spotted Color.

    Middling Light Spotted Color is color which in spot or color, or 
both, is between Middling Color and Middling Spotted Color.



Sec.  28.414  Strict Low Middling Light Spotted Color.

    Strict Low Middling Light Spotted Color is color which in spot or 
color, or both, is between Strict Low Middling Color and Strict Low 
Middling Spotted Color.



Sec.  28.415  Low Middling Light Spotted Color.

    Low Middling Light Spotted Color is color which in spot or color, or 
both, is between Low Middling Color and Low Middling Spotted Color.



Sec.  28.416  Strict Good Ordinary Light Spotted Color.

    Strict Good Ordinary Light Spotted Color is color which in spot or 
color, or

[[Page 41]]

both, is between Strict Good Ordinary Color and Strict Good Ordinary 
Spotted Color.

                             Spotted Cotton

    Source: 57 FR 34498, Aug. 5, 1992, unless otherwise noted.



Sec.  28.421  Good Middling Spotted Color.

    Good Middling Spotted Color is color which is better than Strict 
Middling Spotted Color.



Sec.  28.422  Strict Middling Spotted Color.

    Strict Middling Spotted Color is color which is within the range 
represented by a set of samples in the custody of the United States 
Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Upland, Strict Middling 
Spotted, effective July 1, 1987.''



Sec.  28.423  Middling Spotted Color.

    Middling Spotted Color is color which is within the range 
represented by a set of samples in the custody of the United States 
Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Upland, Middling 
Spotted, effective July 1, 1987.''



Sec.  28.424  Strict Low Middling Spotted Color.

    Strict Low Middling Spotted Color is color which is within the range 
represented by a set of samples in the custody of the United States 
Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Upland, Strict Low 
Middling Spotted, effective July 1, 1987.''



Sec.  28.425  Low Middling Spotted Color.

    Low Middling Spotted Color is color which is within the range 
represented by a set of samples in the custody of the United States 
Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Upland, Low Middling 
Spotted, effective July 1, 1987.''



Sec.  28.426  Strict Good Ordinary Spotted Color.

    Strict Good Ordinary Spotted Color is color which is within the 
range represented by a set of samples in the custody of the United 
States Department of Agriculture in a container marked ``Original 
Official Cotton Standards of the United States, American Upland, Strict 
Good Ordinary Spotted, effective July 1, 1987.''

                              tinged cotton

    Source: 57 FR 34498, Aug. 5, 1992, unless otherwise noted.



Sec.  28.431  Strict Middling Tinged Color.

    Strict Middling Tinged Color is color which is better than Middling 
Tinged Color.



Sec.  28.432  Middling Tinged Color.

    Middling Tinged Color is color which is within the range represented 
by a set of samples in the custody of the United States Department of 
Agriculture in a container marked ``Original Official Cotton Standards 
of the United States, American Upland, Middling Tinged, effective July 
1, 1987.''



Sec.  28.433  Strict Low Middling Tinged Color.

    Strict Low Middling Tinged Color is color which is within the range 
represented by a set of samples in the custody of the United States 
Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Upland, Strict Low 
Middling Tinged, effective July 1, 1987.''



Sec.  28.434  Low Middling Tinged Color.

    Low Middling Tinged Color is color which is within the range 
represented by a set of samples in the custody of the United States 
Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Upland, Low Middling 
Tinged, effective July 1, 1987.''

[[Page 42]]

                          yellow stained cotton



Sec.  28.441  Strict Middling Yellow Stained Color.

    Strict Middling Yellow Stained Color is color which is deeper than 
that of Strict Middling Tinged Color.

[57 FR 34498, Aug. 5, 1992]



Sec.  28.442  Middling Yellow Stained Color.

    Middling Yellow Stained Color is American Upland cotton which in 
color is deeper than Middling Tinged Color.

[57 FR 34498, Aug. 5, 1992]

                        below color grade cotton



Sec.  28.451  Below Color Grade Cotton.

    Below color grade cotton is American Upland cotton which is lower in 
color grade than Good Ordinary, or Strict Good Ordinary Light Spotted, 
or Strict Good Ordinary Spotted, or Low Middling Tinged, or Middling 
Yellow Stained. In cotton classification, the official designation for 
such cotton is Below Color Grade. The term Below Good Ordinary Color, or 
Below Strict Good Ordinary Light Spotted Color, or Below Strict Good 
Ordinary Spotted Color, or Below Low Middling Tinged Color, or Below 
Middling Yellow Stained Color and other additional explanatory terms 
considered necessary to describe adequately the condition of the cotton 
may be entered on classification memorandums or certificates.

[57 FR 34498, Aug. 5, 1992]

  Official Cotton Standards of the United States for the Leaf Grade of 
                         American Upland Cotton

    Authority: Sections 28.461 to 28.482 issued under Sec. 10, 42 Stat. 
1519; (7 U.S.C. 61). Section 28.482 also issued under Sec. 3c, 50 Stat. 
62 (7 U.S.C. 473c) and 90 Stat. 1841-1846 as amended (7 U.S.C. 15b). 
Interpret or apply Sec. 6, 42 Stat. 1518, as amended; (7 U.S.C. 56), 
unless otherwise noted.

                               leaf grades

    Source: 57 FR 34498, Aug. 5, 1992, unless otherwise noted.



Sec.  28.461  Leaf Grade 1.

    Leaf Grade 1 is leaf which is within the range represented by a set 
of samples in the custody of the United States Department of Agriculture 
in a container marked ``Original Official Cotton Standards of the United 
States, American Upland, Good Middling, effective July 1, 1987.''



Sec.  28.462  Leaf Grade 2.

    Leaf Grade 2 is leaf which is within the range represented by a set 
of samples in the custody of the United States Department of Agriculture 
in a container marked ``Original Official Cotton Standards of the United 
States, American Upland, Strict Middling, effective July 1, 1987.''



Sec.  28.463  Leaf Grade 3.

    Leaf Grade 3 is leaf which is within the range represented by a set 
of samples in the custody of the United States Department of Agriculture 
in a container marked ``Original Official Cotton Standards of the United 
States, American Upland, Middling, effective July 1, 1987.''



Sec.  28.464  Leaf Grade 4.

    Leaf Grade 4 is leaf which is within the range represented by a set 
of samples in the custody of the United States Department of Agriculture 
in a container marked ``Original Official Cotton Standards of the United 
States, American Upland, Strict Low Middling, effective July 1, 1987.''



Sec.  28.465  Leaf Grade 5.

    Leaf Grade 5 is leaf which is within the range represented by a set 
of samples in the custody of the United States Department of Agriculture 
in a container marked ``Original Official Cotton Standards of the United 
States, American Upland, Low Middling, effective July 1, 1987.''



Sec.  28.466  Leaf Grade 6.

    Leaf Grade 6 is leaf which is within the range represented by a set 
of samples in the custody of the United States Department of Agriculture 
in a container marked ``Original Official Cotton Standards of the United 
States,

[[Page 43]]

American Upland, Strict Good Ordinary, effective July 1, 1987.''



Sec.  28.467  Leaf Grade 7.

    Leaf Grade 7 is leaf which is within the range represented by a set 
of samples in the custody of the United States Department of Agriculture 
in a container marked ``Original Official Cotton Standards of the United 
States, American Upland, Good Ordinary, effective July 1, 1987.''

                         below leaf grade cotton



Sec.  28.471  Below Leaf Grade Cotton.

    Below leaf grade cotton is American Upland cotton which is lower in 
leaf grade than Leaf Grade 7. In cotton classification, the official 
designation for such cotton is Below Leaf Grade. Other additional 
explanatory terms considered necessary to describe adequately the 
condition of the cotton may be entered on classification memorandums or 
certificates.

[57 FR 34499, Aug. 5, 1992]

                                 general



Sec.  28.480  General.

    (a) American Upland cotton which in color is within the range of the 
color standards established in this part shall be designated according 
to the color standard irrespective of the leaf content. American Upland 
cotton which in leaf is within the leaf standards established in this 
part shall be designated according to the leaf standard irrespective of 
the color.
    (b) The term preparation is used to describe the degree of 
smoothness or roughness with which cotton is ginned and the relative 
neppiness or nappiness of the ginned lint. Normal preparation for any 
color grade of American Upland cotton for which there is a physical 
color standard shall be that found in the physical color standard. 
Normal preparation for any color grade of American Upland cotton for 
which there is a descriptive color standard shall be that found in the 
physical standards for color used to define the descriptive color grade. 
Explanatory terms considered necessary to adequately describe the 
preparation of cotton may be entered on classification memorandums or 
certificates.

[57 FR 34499, Aug. 5, 1992]



Sec.  28.481  Alternate title for standards.

    Since these standards have been agreed upon and accepted by the 
leading European cotton associations and exchanges, they may also be 
termed and referred to as the ``Universal Standards for American 
Cotton.''

[24 FR 5171, June 25, 1959]



Sec.  28.482  United States Cotton Futures Act.

    The cotton standards contained in Sec.  28.301 through Sec.  28.603 
of this part shall be effective for purposes of the United States Cotton 
Futures Act (7 U.S.C. 15b) and the regulations thereunder (7 CFR part 
27).

[45 FR 46783, July 11, 1980]

  Official Cotton Standards of the United States for the ColorGrade of 
                          American Pima Cotton

    Authority: Secs. 28.501 to 28.510 issued under Sec. 10, 42 Stat. 
1519 (7 U.S.C. 61). Interpret or apply Sec. 6, 42 Stat. 1518, as amended 
(7 U.S.C. 56.)



Sec.  28.501  Color Grade No. 1.

    Color grade No. 1 shall be American Pima cotton which in color is 
within the range represented by a set of samples in the custody of the 
U.S. Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Pima, Color Grade No. 1, 
effective July 1, 1986.''

[65 FR 36600, June 9, 2000]



Sec.  28.502  Color Grade No. 2.

    Color grade No. 2 shall be American Pima cotton which in color is 
within the range represented by a set of samples in the custody of the 
U.S. Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Pima, Color Grade No. 2, 
effective July 1, 1986.''

[65 FR 36600, June 9, 2000]

[[Page 44]]



Sec.  28.503  Color Grade No. 3.

    Color grade No. 3 shall be American Pima cotton which in color is 
within the range represented by a set of samples in the custody of the 
U.S. Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Pima, Color Grade No. 3, 
effective July 1, 1986.''

[65 FR 36600, June 9, 2000]



Sec.  28.504  Color Grade No. 4.

    Color grade No. 4 shall be American Pima cotton which in color is 
within the range represented by a set of samples in the custody of the 
U.S. Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Pima, Color Grade No. 4, 
effective July 1, 1986.''

[65 FR 36600, June 9, 2000]



Sec.  28.505  Color Grade No. 5.

    Color grade No. 5 shall be American Pima cotton which in color is 
within the range represented by a set of samples in the custody of the 
U.S. Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Pima, Color Grade No. 5, 
effective July 1, 1986.''

[65 FR 36600, June 9, 2000]



Sec.  28.506  Color Grade No. 6.

    Color grade No. 6 shall be American Pima cotton which in color is 
within the range represented by a set of samples in the custody of the 
U.S. Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Pima, Color Grade No. 6, 
effective July 1, 1986.''

[65 FR 36600, June 9, 2000]



Sec.  28.507  Color Grade No. 7.

    American Pima cotton which in color is inferior to Color Grade No. 6 
shall be designated as ``Color Grade No. 7.''

[65 FR 36600, June 9, 2000]



Sec. Sec.  28.508-28.510  [Reserved]

  Official Cotton Standards of the United States for the Leaf Grade of 
                          American Pima Cotton



Sec.  28.511  Leaf Grade No. 1.

    Leaf grade No. 1 shall be American Pima cotton which in leaf is 
within the range represented by a set of samples in the custody of the 
U.S. Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Pima, Leaf Grade No. 1, 
effective July 1, 1986.''

[65 FR 36601, June 9, 2000]



Sec.  28.512  Leaf Grade No. 2.

    Leaf grade No. 2 shall be American Pima cotton which in leaf is 
within the range represented by a set of samples in the custody of the 
U.S. Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Pima, Leaf Grade No. 2, 
effective July 1, 1986.''

[65 FR 36601, June 9, 2000]



Sec.  28.513  Leaf Grade No. 3.

    Leaf grade No. 3 shall be American Pima cotton which in leaf is 
within the range represented by a set of samples in the custody of the 
U.S. Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Pima, Leaf Grade No. 3, 
effective July 1, 1986.''

[65 FR 36601, June 9, 2000]



Sec.  28.514  Leaf Grade No. 4.

    Leaf grade No. 4 shall be American Pima cotton which in leaf is 
within the range represented by a set of samples in the custody of the 
U.S. Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Pima, Leaf Grade No. 4, 
effective July 1, 2001.''

[65 FR 36601, June 9, 2000]



Sec.  28.515  Leaf Grade No. 5.

    Leaf grade No. 5 shall be American Pima cotton which in leaf is 
within the

[[Page 45]]

range represented by a set of samples in the custody of the U.S. 
Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Pima, Leaf Grade No. 5, 
effective July 1, 2001.''

[65 FR 36601, June 9, 2000]



Sec.  28.516  Leaf Grade No. 6.

    Leaf grade No. 6 shall be American Pima cotton which in leaf is 
within the range represented by a set of samples in the custody of the 
U.S. Department of Agriculture in a container marked ``Original Official 
Cotton Standards of the United States, American Pima, Leaf Grade No. 6, 
effective July 1, 2001.''

[65 FR 36601, June 9, 2000]



Sec.  28.517  Leaf Grade No. 7.

    American Pima cotton which in leaf is inferior to Leaf Grade No. 6 
shall be designated as ``Leaf Grade No. 7.''

[65 FR 36601, June 9, 2000]

             Application of Standards and Explanatory Terms



Sec.  28.521  Application of color and leaf grade standards.

    American Pima cotton which in color is within the range of the color 
standards established in this part shall be designated according to the 
color standard irrespective of the leaf content. American Pima cotton 
which in leaf is within the range of the leaf standards established in 
this part shall be designated according to the leaf standard 
irrespective of the color content.

[65 FR 36601, June 9, 2000]



Sec.  28.522  Explanatory terms.

    (a) The term preparation is used to describe the degree of 
smoothness or roughness of the ginned lint. Normal preparation for any 
color grade of American Pima cotton for which there is a physical color 
standard shall be that found in the physical color standard. If the 
preparation is other than normal, it shall be entered on the 
classification record.
    (b) Explanatory terms considered necessary to adequately describe 
the presence of preparation, spindle twist, and extraneous matter such 
as bark, grass, seed coat fragments, oil, etc. in the sample, shall be 
part of the classification record.

[65 FR 36601, June 9, 2000]

    Symbols and Code Numbers Used in Recording Cotton Classification

    Authority: Sec. 28.525 issued under Sec. 10, 42 Stat. 1519 (7 U.S.C. 
61). Interpret or apply Sec. 6, 42 Stat. 1518, as amended (7 U.S.C. 56).



Sec.  28.525  Symbols and code numbers.

    For administrative convenience, the symbols and code numbers 
prescribed in this section may be used in lieu of cotton grade names and 
staple length designations in inches.
    (a) Symbols and Code numbers used for Color Grades of American 
Upland Cotton.

------------------------------------------------------------------------
                                                                   Code
             Color grade                        Symbol              No.
------------------------------------------------------------------------
Good Middling.......................  GM                              11
Strict Middling.....................  SM                              21
Middling............................  Mid                             31
Strict Low Middling.................  SLM                             41
Low Middling........................  LM                              51
Strict Good Ordinary................  SGO                             61
Good Ordinary.......................  GO                              71
Good Middling Light Spotted.........  GM Lt SP                        12
Strict Middling Light Spotted.......  SM Lt Sp                        22
Middling Light Spotted..............  Mid Lt Sp                       32
Strict Low Middling Light Spotted...  SLM Lt Sp                       42
Low Middling Light Spotted..........  LM Lt Sp                        52
Stict Good Ordinary Light Spotted...  SGO Lt Sp                       62
Good Middling Spotted...............  GM Sp                           13
Strict Middling Spotted.............  SM Sp                           23
Middling Spotted....................  Mid Sp                          33
Strict Low Middling Spotted.........  SLM Sp                          43
Low Middling Spotted................  LM Sp                           53
Strict Good Ordinary Spotted........  SGO Sp                          63
Strict Middling Tinged..............  SM Tg                           24
Middling Tinged.....................  Mid Tg                          34
Strict Low Middling Tinged..........  SLM Tg                          44
Low Middling Tinged.................  LM Tg                           54
Strict Middling Yellow Stained......  SM YS                           25
Middling Yellow Stained.............  Mid YS                          35
Below Grade--(Below Good Ordinary)..  BG                              81
Below Grade--(Below Strict Good       BG                              82
 Ordinary Light Spotted).
Below Grade--(Below Strict Good       BG                              83
 Ordinary Spotted).
Below Grade--(Below Low Middling      BG                              84
 Tinged).
Below Grade--(Below Middling Yellow   BG                              85
 Stained).
------------------------------------------------------------------------

    (b) Symbols and Code Numbers used for Leaf Grades of American Upland 
Cotton.

[[Page 46]]



------------------------------------------------------------------------
                                                                   Code
                       Leaf grade                         Symbol    No.
------------------------------------------------------------------------
Leaf Grade 1............................................     LG1       1
Leaf Grade 2............................................     LG2       2
Leaf Grade 3............................................     LG3       3
Leaf Grade 4............................................     LG4       4
Leaf Grade 5............................................     LG5       5
Leaf Grade 6............................................     LG6       6
Leaf Grade 7............................................     LG7       7
Below Leaf Grade........................................     BLG       8
------------------------------------------------------------------------

    (c) Symbols and Code Numbers for Color Grades of American Pima 
Cotton.

------------------------------------------------------------------------
             Full grade name                   Symbol Code         No.
------------------------------------------------------------------------
Color Grade No. 1.......................  AP C1                       01
Color Grade No. 2.......................  AP C2                       02
Color Grade No. 3.......................  AP C3                       03
Color Grade No. 4.......................  AP C4                       04
Color Grade No. 5.......................  AP C5                       05
Color Grade No. 6.......................  AP C6                       06
Color Grade No. 7.......................  AP C7                       07
------------------------------------------------------------------------

    (d) Symbols and Code Numbers for Leaf Grades of American Pima 
Cotton.

------------------------------------------------------------------------
             Full grade name                   Symbol Code         No.
------------------------------------------------------------------------
Leaf Grade No. 1........................  AP L1                        1
Leaf Grade No. 2........................  AP L2                        2
Leaf Grade No. 3........................  AP L3                        3
Leaf Grade No. 4........................  AP L4                        4
Leaf Grade No. 5........................  AP L5                        5
Leaf Grade No. 6........................  AP L6                        6
Leaf Grade No. 7........................  AP L7                        7
------------------------------------------------------------------------

    (e) Code numbers for Length of Staple Designations.

------------------------------------------------------------------------
                                                                   Code
                    Length of staple--inches                       No.
------------------------------------------------------------------------
Below \13/16\..................................................       24
\13/16\........................................................       26
\7/8\..........................................................       28
\29/32\........................................................       29
\15/16\........................................................       30
\31/32\........................................................       31
1..............................................................       32
1\1/32\........................................................       33
1\1/16\........................................................       34
1\3/32\........................................................       35
1\1/8\.........................................................       36
1\5/32\........................................................       37
1\3/16\........................................................       38
1\7/32\........................................................       39
1\1/4\.........................................................       40
1\9/32\........................................................       41
1\5/16\........................................................       42
1\11/32\.......................................................       43
1\3/8\.........................................................       44
1\13/32\.......................................................       45
1\7/16\........................................................       46
1\15/32\.......................................................       47
1\1/2\.........................................................       48
1\17/32\.......................................................       49
1\9/16\........................................................       50
1\19/32\.......................................................       51
1\5/8\.........................................................       52
1\21/32\.......................................................       53
1\11/16\.......................................................       54
1\23/32\.......................................................       55
1\3/4\.........................................................       56
------------------------------------------------------------------------


[32 FR 8760, June 20, 1967, as amended at 50 FR 25198, June 18, 1985; 51 
FR 23039, June 25, 1986; 57 FR 34499, Aug. 5, 1992; 65 FR 36601, June 9, 
2000]

 Official Cotton Standards of the United States for Fiber Fineness and 
                                Maturity

    Authority: Sections 28.601 to 28.603 issued under secs. 6, 10, 42 
Stat. 1518, 1519, sec. 4854, 68A Stat. 580; 7 U.S.C. 56, 61, 26 U.S.C. 
4854.

    Source: Sections 28.601 through 28.603 appear at 30 FR 7239, May 29, 
1965, unless otherwise noted.



Sec.  28.601  Official cotton standards for fiber fineness and maturity.

    The official cotton standards of the United States for fiber 
fineness and maturity shall be the measure of such qualities, in 
combination, provided by air flow instrument tests in terms of 
micronaire readings in accordance with the procedure specified in Sec.  
28.603.



Sec.  28.602  Terms of designations.

    The fiber fineness and maturity of any cotton shall be designated by 
the micronaire reading obtained from an air flow instrument test for a 
specimen of the cotton as determined under Sec.  28.603, e.g., 4.1, 4.2, 
4.3, etc. To simplify recording, the decimal point may be omitted, and 
the micronaire reading recorded as 41, 42, 43, etc.



Sec.  28.603  Procedures for air flow tests of micronaire reading.

    In determining in terms of micronaire readings, the fiber fineness 
and maturity, in combination, of cotton, the following procedures shall 
apply:
    (a) Facilities and equipment shall include:
    (1) Air flow instrument complete with accessories to measure the 
fineness and maturity, in combination, of cotton in terms of micronaire 
reading on the curvilinear scale adopted in September 1950 by the 
Department of Agriculture, or its equivalent.

[[Page 47]]

    (2) A suitable supply of compressed air filtered to remove moisture 
and other impurities.
    (3) Balance or scales suitable for accurately weighing the specimens 
required for the particular instrument.
    (4) International Calibration Cotton Standards with established 
micronaire reading values for calibration of the air flow instrument.
    (b) The instrument shall be calibrated each day before routine 
testing begins, as follows:
    (1) The air shall be allowed to flow through the instrument until 
the indicator stabilizes.
    (2) Specimens from at least two of the calibration cottons shall be 
tested to insure proper calibration of the instrument. The instrument 
shall be considered in calibration if the values obtained on the test 
specimens agree with the established values of the calibration cottons 
within 0.1 micronaire reading.
    (c) Testing of the cotton specimen shall be performed as follows:
    (1) Approximately the same amount of cotton shall be taken from each 
side of the sample for a test specimen. The weight of the test specimen 
shall be that weight prescribed for the air flow instrument being used.
    (2) The weighed specimen shall be tested in a properly calibrated 
instrument.
    (3) The specimen shall be inserted into the specimen holder of the 
instrument so that the mass of fibers is well distributed within the 
specimen holder.
    (4) The air shall then be allowed to flow through the specimen in 
accordance with the method of operation of the instrument.
    (5) The position of the instrument indicator shall be determined to 
the nearest 0.1 micronaire reading when it becomes stable.
    (d) The accuracy of the instrument shall be checked at least every 2 
hours during operation by testing appropriate calibration cottons. If 
the value obtained on a specimen from the calibration cotton is outside 
the established limits of 0.1 micronaire reading, or when successive 
readings show the results to be within the established limits, but 
consistently high or low, the instrument and technique shall be 
thoroughly checked to remedy the discrepancies. Additional tests using 
calibration cottons shall be made until acceptable results are obtained 
before routine testing is resumed.



  Subpart D_Cotton Classification and Market News Service for Producers

    Authority: 7 U.S.C. 51-65; 7 U.S.C. 471-476.

    Source: 74 FR 26772, June 4, 2009, unless otherwise noted.

                               Definitions



Sec.  28.901  Definitions.

    When used in the regulations in this subpart:
    (a) Act means the United States Cotton Standards Act of 1923, as 
amended (7 U.S.C. 51-65) and the Cotton Statistics and Estimates Act of 
1927 (7 U.S.C. 471-476), unless otherwise noted.
    (b) Service means the Agricultural Marketing Service of the United 
States Department of Agriculture.
    (c) Administrator means the Administrator of the Agricultural 
Marketing Service, or any officer or employee of the Service to whom 
authority has heretofore been delegated, or to whom authority may 
hereafter be delegated to act for the Administrator.
    (d) Division means the Cotton Division of the Agricultural Marketing 
Service.
    (e) Director means the Director of the Cotton Division, or any 
officer or employee of the Division to whom authority has heretofore 
been delegated or to whom authority may hereafter be delegated, to act 
for the Director.
    (f) Producer means any individual, partnership, corporation, 
association, trust, estate, or other legal entity, a State or political 
subdivision thereof, or any agency of such State or political 
subdivision producing American Upland or American Pima cotton in the 
capacity of landowner, landlord, tenant, or sharecropper.

[[Page 48]]

                             Administration



Sec.  28.902  Director.

    The Director shall perform for and under the supervision of the 
Administrator, such duties as the Administrator may require in enforcing 
the regulations in this subpart.

                 Classification and Market News Services



Sec.  28.903  Classification of samples.

    The Director, or an authorized representative, upon the receipt of a 
producer's cotton sample which complies with the regulations in this 
subpart shall, as hereinafter provided, furnish to such producer or to 
an agent designated by the producer the classification in accordance 
with the official cotton standards of the United States.



Sec.  28.904  Market news.

    The Director shall cause to be distributed to producers of cotton 
and to others on request, timely information on prices for various 
qualities of cotton.

                                Sampling



Sec.  28.906  Sampling arrangements.

    (a) Cotton must be sampled by a gin or warehouse that holds a valid 
license to sample cotton issued pursuant to Sec. Sec.  28.20 through 
28.22.
    (b) The Director, or an authorized representative may direct that 
sampling be performed by employees of the Department of Agriculture for 
the purpose of appraising the sampling procedures at cotton gins or 
warehouses, or for the purpose of providing service to producers in 
special cases where a licensed gin or warehouse is not available.



Sec.  28.907  Responsibilities of licensed gins or warehouses.

    Each licensee shall be primarily responsible for drawing, 
identifying, handling, and shipping samples of cotton in accordance with 
this subpart and with instructions furnished by the Director or an 
authorized representative from time to time.



Sec.  28.908  Samples.

    (a) Only one sample to be submitted. Only one sample from each bale 
of eligible cotton shall be submitted for classification under this 
subpart. This does not prohibit the submission of an additional sample 
from a bale for review classification if the producer so desires.
    (b) Drawing of samples manual. (1) Each cut sample shall be drawn 
from the bale after it is tied out following the ginning process, and 
shall be approximately 6 ounces in weight, not less than 3 ounces of 
which are to be drawn from each side of the bale: Provided, That each 
sample from a bale of American Pima cotton shall be approximately 10 
ounces in weight, not less than 5 ounces of which are to be drawn from 
each side of the bale.
    (2) Where it is necessary to draw two sets of samples, a single cut 
should be made in each side of the bale, and the portion of cotton 
removed from each cut should be broken in half across the layers to 
provide two complete samples. In those cases where this method would 
result in samples of insufficient length, it will be acceptable to split 
the sample lengthwise along the layers, provided the outside portion 
from each side is submitted for the official classification.
    (c) Mechanical sampling. Samples may be drawn in gins equipped with 
mechanical samplers approved by the Division and operated according to 
sampling instructions furnished by the Director or an authorized 
representative. Such samples shall not be less than 6 ounces in weight.
    (d) Samples must be representative. Each sample must be 
representative of the bale from which drawn.
    (e) Handling samples. Samples shall not be dressed or trimmed and 
shall be carefully handled in such manner as not to cause loss of leaf, 
sand, or other material, or otherwise change their representative 
character. Samples shall be handled only by employees of the licensee 
prior to shipment or delivery to the cotton classing office of the 
Division.
    (f) Identifying and shipping samples. Each sample shall be 
identified with a tag, supplied or approved by the Division, bearing the 
gin or warehouse

[[Page 49]]

number of the bale from which the sample was drawn and the name and 
address of the producer of the bale. The tag shall be placed between the 
two halves of the sample, the sample tightly rolled and enclosed in a 
package or bag for shipment. Each package or bag shall be labeled or 
marked with the name and address of the licensed gin or warehouse. The 
packages shall be shipped or delivered direct to the cotton classing 
office serving the territory in which the cotton is ginned. Samples that 
were drawn by a mechanical sampler at the gin may be transported with 
the bales to the warehouse and then shipped or delivered direct to the 
classing office by the warehouse.
    (g) Request for classification. Samples received from a licensed gin 
or warehouse with the identification tag required in Sec.  28.908(f) 
shall constitute a request for classification service by the producer.



Sec.  28.909  Costs.

    (a) Costs incident to sampling, tagging, and identification of 
samples and transporting samples to points of shipment shall be assumed 
by the producer, but tags and containers for the shipment of samples and 
shipping charges via U.S. Postal Service or duly authorized common 
carrier will be furnished by the service. After classification the 
samples shall become the property of the Government. The proceeds of the 
sale of cotton samples shall be used to defray the costs of providing 
the services under this subpart.
    (b) The cost of High Volume Instrument (HVI) cotton classification 
service to producers will be based on formulas set forth in Sec.  
28.116. The proceeds of the sale of cotton samples shall be used to 
defray the costs of providing the service under this subpart.
    (c) The Division will periodically bill producers or the voluntary 
agents designated by producers for the cost of classification. A 
discount of 5 cents per sample will be granted for services provide 
under this section when billing is made to voluntary agents.

[74 FR 26772, June 4, 2009, as amended at 79 FR 67319, Nov. 13, 2014]

                             Classification



Sec.  28.910  Classification of samples and issuances of classification data.

    (a)(1) The samples submitted as provided in the subpart shall be 
classified by employees of the Division, and classification memoranda 
showing the official quality determination of each sample according to 
the official cotton standards of the United States shall be issued by 
any one of the following methods at no additional charge:
    (i) Electronic means; or
    (ii) Telecommunications, with all long distance telephone line 
charges paid by the receiver of data.
    (2) When an additional copy of the classification memorandum is 
issued by any method listed in paragraph (a)(1) of this section, there 
will be a charge determined as described in Sec.  28.116. If provided as 
an additional method of data transfer, the minimum fee for each method 
issued shall also be determined as described in Sec.  28.116.
    (b) Owners of cotton, other than producers, may receive 
classification data showing the official quality determination of each 
sample by means of telecommunications from a central database to be 
maintained by the Division. The fee for this service shall be determined 
as described in Sec.  28.116, with all communication charges paid by the 
receiver of data.
    (c) Upon request of an owner of cotton for which classification 
memoranda have been issued under the subpart, a new memorandum shall be 
issued for the business convenience of such owner without the 
reclassification of the cotton. Such rewritten memorandum shall bear the 
date of its issuance and the date or inclusive dates of the original 
classification. The per-hour fee for a new memorandum shall be 
determined according to Sec.  28.116, with a minimum per-sheet fee 
determined under the same provisions.

[79 FR 67319, Nov. 13, 2014]



Sec.  28.911  Review classification.

    (a) A producer may request one review classification for each bale 
of eligible cotton. The fee for review classification shall be 
determined based on the formulas in Sec.  28.116.

[[Page 50]]

    (b) Samples for review classification must be drawn by gins or 
warehouses licensed pursuant to Sec. Sec.  28.20 through 28.22, or by 
employees of the United States Department of Agriculture. Each sample 
for review classification shall be taken, handled, and submitted 
according to Sec.  28.908 and to supplemental instructions issued by the 
Director or an authorized representative of the Director. Costs incident 
to sampling, tagging, identification, containers, and shipment for 
samples for review classification shall be assumed by the producer. 
After classification, the samples shall become the property of the 
Government unless the producer requests the return of the samples. The 
proceeds from the sale of samples that become Government property shall 
be used to defray the costs of providing the services under this 
subpart. Producers who request return of their samples after classing 
will pay a fee determined based on the formulas in Sec.  28.116.

[74 FR 26772, June 4, 2009, as amended at 79 FR 67319, Nov. 13, 2014]

                         Limitations of Services



Sec.  28.917  Limitations of Services.

    The Director, or an authorized representative, may suspend, 
terminate, or withhold cotton classing and market news services to any 
producer upon any failure of the producer to comply with the act or 
these regulations. Failure to remit fees for classification services 
shall result in loss of service.



               Subpart E_Cotton Fiber and Processing Tests

    Authority: Sec. 3c, 50 Stat. 62; 7 U.S.C. 473c; sec. 3d, 55 Stat. 
131 (7 U.S.C. 473d).

    Source: 35 FR 8532, June 3, 1970, unless otherwise noted.

                               Definitions



Sec.  28.950  Terms defined.

    As used throughout this subpart, unless the context otherwise 
requires, the following terms shall be construed, respectively, to mean:
    (a) Regulations. Regulations mean the provisions in this subpart.
    (b) Service. The Agricultural Marketing Service of the U.S. 
Department of Agriculture.
    (c) Administrator. The Administrator of the Agricultural Marketing 
Service, or any officer or employee of the Service, to whom authority 
has been delegated to act for the Administrator.
    (d) Division. The Cotton Division of the Agricultural Marketing 
Service.
    (e) Director. The Director of the Cotton Division, or any officer or 
employee of the Division to whom authority has been delegated to act for 
the Director.
    (f) Laboratories. Laboratories of the Cotton Division that perform 
the fiber and processing tests described in this subpart.

[35 FR 8532, June 3, 1970, as amended at 46 FR 30073, June 5, 1981; 46 
FR 51593, Oct. 21, 1981]

                             Administration



Sec.  28.951  Director.

    The Director shall perform, for and under the supervision of the 
Administrator, such duties as the Administrator may require in enforcing 
the regulations in this subpart.

                       Fiber and Processing Tests



Sec.  28.952  Testing of samples.

    The Director or an authorized representative, upon written requests, 
shall make fiber and processing tests of the properties of cotton 
samples and report the results thereof to the persons from whom such 
requests are received, subject to compliance by such persons with the 
regulations in this subpart and to the payment by them of fees as 
prescribed herein.

[46 FR 30073, June 5, 1981; 46 FR 51593, Oct. 21, 1981]



Sec.  28.953  Requirements as to samples.

    Each sample of ginned cotton lint submitted for fiber and processing 
tests shall weigh approximately as shown below unless otherwise 
specified in the particular test item as prescribed herein:

1 ounce or more for fiber tests.
6 pounds or more for carded yarn spinning tests.
8 pounds or more for combed yarn spinning tests.

[[Page 51]]

10 pounds or more for carded and combed yarn spinning tests.


Each individual sample submitted for testing shall contain a tag or 
coupon bearing a number or other identification symbol. Individually 
labeled samples may be sent in one or more parcels, each of which shall 
bear on the outside thereof the name and address of the person 
submitting it. Persons who submit samples to laboratories for testing 
shall comply with any Federal or State quarantine requirements 
applicable to counties from which such samples are shipped.



Sec.  28.954  Costs of submitting samples.

    The transportation of samples to a laboratory for testing shall be 
without expense to the Government.



Sec.  28.955  Disposition of samples.

    The remnants of samples accumulated in the making of tests under the 
regulations in this subpart shall become the property of the Government 
unless the applicant requests that such remnants be returned. Returns 
will be at the applicant's expense.

[46 FR 30073, June 5, 1981; 46 FR 51593, Oct. 21, 1981]



Sec.  28.956  Prescribed fees.

    Fees for fiber and processing tests shall be assessed as listed 
below:

------------------------------------------------------------------------
                                                               Fee per
                Item number and kind of test                     test
------------------------------------------------------------------------
1.0 Calibration cotton for use with High Volume
 Instruments, per 5 pound package:
  a. f.o.b. Memphis, Tennessee.............................       $95.00
  b. By surface delivery within continental United States..       100.00
  c. By air freight collect outside continental United             95.00
   States..................................................
  d. By air parcel post delivery outside continental United       135.00
   States..................................................
1.1 High Volume Instrument (HVI) System Check Level.
 Furnishing two samples per month for HVI determinations,
 summarizing returned data, and reporting deviations for
 average of all laboratories for measurements taken, per 12
 months:
  a. By surface delivery within continental United States..       168.00
  b. By air parcel post delivery outside continental United       324.00
   States..................................................
2.0 Furnishing international calibration cotton standards
 with standard values for micronaire reading and fiber
 strength at zero and \1/8\-inch gage and Fibrograph
 length:
  a. f.o.b. Memphis, Tennessee \1/2\-lb. sample............        20.00
  b. By surface delivery within continental United States,         22.00
   \1/2\-lb. sample........................................
  c. By air freight collect outside continental United             20.00
   States, \1/2\-lb. sample................................
  d. By air parcel post delivery, outside continental              30.00
   United States, \1/2\-lb. sample.........................
2.1 Furnishing international calibration cotton standards
 with standard values for micronaire reading only:
  a. f.o.b. Memphis Tennessee, 1-lb. sample................        28.00
  b. Surface delivery within continental United States, 1-         31.00
   lb. sample..............................................
  c. By air freight collect outside continental United             28.00
   States, 1-lb. sample....................................
  d. By air parcel post delivery outside continental United        42.00
   States, 1-lb. sample....................................
3.0 Furnishing standard color tiles for calibrating cotton
 colormeters, per set of five tiles including box:
  a. f.o.b. Memphis, Tennessee.............................       125.00
  b. Surface delivery within continental United States.....       130.00
  c. By air freight collect outside continental United            125.00
   States..................................................
  d. By air parcel post delivery outside continental United       165.00
   States..................................................
3.1 Furnishing single color calibration tiles for use with
 specific instruments or as replacements in above sets,
 each tile:
  a. f.o.b. Memphis, Tennessee.............................        22.00
  b. Surface delivery within continental United States.....        25.00
  c. By air freight collect outside continental United             22.00
   States..................................................
  d. By air parcel post delivery outside continental United        35.00
   States..................................................
3.2 Furnishing single trashmeter calibration standard,
 each:
  a. f.o.b. Memphis, Tennessee.............................        30.00
  b. Surface delivery within continental United States.....        33.00
  c. By air freight collect outside continental United             30.00
   States..................................................
  d. By air parcel post delivery outside continental United        44.00
   States..................................................
3.3 Furnishing one set of standard color tiles for
 calibrating cotton colormeters and one trashmeter
 calibration standard, per set of five tiles and the
 standard including box:
  a. f.o.b. Memphis, Tennessee.............................       150.00
  b. Surface delivery within continental United States.....       155.00
  c. By air freight collect outside continental United            150.00
   States..................................................
  d. By air parcel post delivery outside continental United       190.00
   States..................................................
3.4 Furnishing a single cotton sample of a designated leaf
 level mounted under glass, each:
  a. f.o.b. Memphis, Tennessee.............................        40.00
  b. Surface delivery within continental United States.....        44.00
  c. By air freight collect outside continental United             40.00
   States..................................................

[[Page 52]]

 
  d. By air parcel post delivery outside continental United        54.00
   States..................................................
3.5 Furnishing six cotton samples of six designated leaf
 levels each mounted under glass, per set of six samples:
  a. f.o.b. Memphis, Tennessee.............................       240.00
  b. Surface delivery within continental United States.....       264.00
  c. By air freight collect outside continental United            240.00
   States..................................................
  d. By air parcel post delivery outside continental United       300.00
   States..................................................
4.0 Furnishing a colormeter calibration sample box
 containing six cotton samples with color values Rd and +b
 for each sample, per box:
  a. f.o.b. Memphis, Tennessee.............................        42.00
  b. Surface delivery within continental United States.....        47.00
  c. By air freight collect outside continental United             42.00
   States..................................................
  d. By air parcel post delivery outside continental United        82.00
   States..................................................
4.1 Furnishing a trashmeter calibration sample box
 containing six cotton samples with trashmeter percent area
 reading for each sample, per box:
  a. f.o.b. Memphis, Tennessee.............................        42.00
  b. Surface delivery within continental United States.....        47.00
  c. By air freight collect outside continental United             42.00
   States..................................................
  d. By air parcel post delivery outside continental United        82.00
   States..................................................
5.0 High Volume Instrument (HVI) measurement. Reporting             1.75
 Micronaire, length, length uniformity, \1/8\-inch gage
 strength, color and trash content. Based on a 6 oz. (170
 g.) sample, per sample....................................
6.0 Color of ginned cotton lint. Reporting data on the              1.25
 reflectance and yellowness in terms of Rd and +b values as
 based on the Nickerson-Hunter Cotton Colorimeter on
 samples which measure 5 x 6\1/2\ inches and weigh
 approximately 50 grams, per sample........................
7.0 Fiber length of ginned cotton lint by Fibrograph                9.50
 method. Reporting the average length and average length
 uniformity as based on 4 specimens from a blended sample,
 per sample................................................
7.1 Fiber length of ginned cotton lint by Fibrograph                6.00
 method. Reporting the average length and average length
 uniformity as based on 2 specimens from each unblended
 sample....................................................
8.0 Pressley strength of ginned cotton lint by flat bundle          9.75
 method for either zero or \1/8\-inch gage as specified by
 applicant. Reporting the average strength as based on 6
 specimens from a blended sample, per sample...............
8.1 Pressley strength of ginned cotton lint by flat bundle          6.00
 method for either zero or \1/8\-inch gage as specified by
 applicant. Reporting the strength as based on 2 specimens
 for each unblended sample, per sample.....................
9.0 Stelometer strength and elongation of ginned cotton
 lint by the flat bundle method for \1/8\-inch gage.
 Reporting the average strength and elongation:
  a. Based on 6 specimens from each blended sample, per             9.75
   sample..................................................
  b. Based on 4 specimens from each blended sample, per             7.50
   sample..................................................
  c. Based on 2 specimens from each blended sample, per             6.00
   sample..................................................
10.0 Micronaire readings on ginned lint. Reporting the              0.70
 micronaire based on 2 specimens per sample................
10.1 Micronaire reading based on 1 specimen per sample.....         0.40
11.0 Fiber maturity and fineness of ginned cotton lint by          16.00
 the Causticaire method. Reporting the average maturity,
 fineness, and micronaire reading as based on 2 specimens
 from a blended sample, per sample.........................
  Minimum fee..............................................        80.00
12.0 Fiber fineness and maturity of ginned cotton lint by           7.50
 the IIC-Shirley Fineness/Maturity Tester method, reporting
 the average micronaire, maturity ratio, percent mature
 fibers and fineness (linear density) based on 2 specimens
 from a blended sample, per sample.........................
13.0 Fiber length array of cotton samples. Reporting the
 average percentage of fibers by weight in each \1/8\-inch
 group, average length and average length variability as
 based on 3 specimens from a blended sample:
  a. Ginned cotton lint, per sample........................        78.00
  b. Cotton comber noils, per sample.......................       119.00
  c. Other cotton wastes, per sample.......................       143.00
13.1 Fiber length array of cotton samples. Reporting the
 average percentage of fibers by weight in each \1/8\-inch
 group, average length, and average length variability as
 based on 2 specimens from a blended sample:
  a. Ginned cotton lint, per sample........................        57.00
  b. Cotton comber noils, per sample.......................        82.00
  c. Other cotton wastes, per sample.......................       112.00
13.2 Fiber length array of cotton samples, including             137.000
 purified or absorbent cotton. Reporting the average
 percentage of fibers by weight in each \1/8\-inch group,
 average length and average length variability as based on
 3 specimens from a blended sample, per sample.............
14.0 Fiber length and length distribution of cotton samples
 by the Almeter method. Reporting the upper 25 percent
 length, mean length, coefficient of variation, and short
 fiber percentages by weight, number or tuft in each 1/8-
 inch group, as based on 2 specimens from a blended sample:
  a. Report percentages of fiber by weight only............        28.00
  b. Report percentages of fiber by weight and number or           33.00
   tuft....................................................
  c. Report percentages of fiber by weight, number and tuft        38.00
15.0 Foreign matter content of cotton samples. Reporting
 data on the non-lint content as based on the Shirley
 Analyzer separation of lint and foreign matter:
  a. For samples of ginned lint or comber noils, per 100-           8.50
   gram specimen...........................................
  b. For samples of ginning and processing wastes other            15.00
   than comber noils, per 100-gram specimen................
16.0 Neps content of ginned cotton lint. Reporting the neps        17.00
 per 100 square inches as based on the web prepared from a
 3-gram specimen by using accessory equipment with the
 mechanical fiber blender, per sample......................
17.0 Sugar content of cotton. Reporting the percent sugar           5.50
 content as based on a quantitative analysis of reducing
 substances (sugars) on cotton fibers, per sample..........
  Minimum fee..............................................        27.50

[[Page 53]]

 
18.0 Miniature carded cotton spinning test. Reporting data         27.00
 on tenacity (centinewtons per tex) of 22's yarn and HVI
 data (see item 5.0). Based on the processing of 50 grams
 of cotton in accordance with special procedures, per
 sample....................................................
19.0 Two-pound cotton carded yarn spinning test available          88.00
 to cotton breeders only. Reporting data on yarn skein
 strength, yarn appearance, yarn neps, and the
 classification and the fiber length of the cotton as well
 as comments on any unusual processing performance as based
 on the processing of 2 pounds of cotton in accordance with
 standard procedures into two standard carded yarn numbers
 employing a standard twist multiplier, per sample.........
20.0 Cotton carded yarn spinning test. Reporting data on          120.00
 waste extracted, yarn skein strength, yarn appearance,
 yarn neps and classification, and fiber length as well as
 comments summarizing any unusual observations as based on
 the processing of 6 pounds of cotton in accordance with
 standard laboratory procedures at one of the standard
 rates of carding of 6\1/2\, 9\1/2\, or 12\1/2\ pounds-per-
 hour into two of the standard carded yarn numbers of 8s,
 14s, 36s, or 50s, employing a standard twist multiplier
 unless otherwise specified, per sample....................
21.0 Spinning potentials test. Determining the finest yarn        110.00
 which can be spun with no ends down and reporting spinning
 potential yarn number. This test requires an additional 4
 pounds of cotton, per sample..............................
22.0 Cotton combed yarn spinning test. Reporting data on          160.00
 waste extracted, yarn skein strength, yarn appearance,
 yarn neps, and classification and fiber length as well as
 comments summarizing any unusual observations as based on
 the processing of 8 pounds of cotton in accordance with
 standard procedures at one of the standard rates of
 carding of 4\1/2\, 6\1/2\, or 9\1/2\ pounds per hour into
 two of the standard combed yarn numbers of 22s, 36s, 44s,
 50s, 60s, 80s, or 100s employing a standard twist
 multiplier unless otherwise specified, per sample.........
23.0 Cotton carded and combed yarn spinning test. Reporting       232.00
 the results as based on the processing of 10 pounds of
 cotton into two of the standard carded and two of the
 standard combed yarn numbers employing the same carding
 rate and the same yarn numbers for both the carded and the
 combed yarns, per sample..................................
24.0 Cotton carded and combed yarn spinning test. Reporting       252.00
 the results as based on the processing of 9 pounds of
 cotton into two of the standard and two of the standard
 combed yarn numbers employing different carding rates and/
 or yarn numbers for the carded and combed yarns, per
 sample....................................................
25.0 Processing and testing of additional yarn. Any carded         35.00
 or combed yarn number processed in connection with
 spinning tests including either additional yarn numbers or
 additional twist multipliers employed on the same yarn
 numbers, per additional lot of yarn.......................
25.1 Processing and finishing of additional yarn. Any yarn         48.00
 number processed in connection with spinning tests.
 Approximately 300 yards on each of 16 paper tubes for
 testing by the applicant, per additional lot of yarn......
26.0 Twist in yarns by direct-counting method. Reporting
 direction of twist and average turns per inch of yarn:....
  (a) Single yarns based on 40 specimens per lot of yarn...        88.00
  (b) Plied or cabled yarns based on 10 specimens, per lot         26.00
   of yarn.................................................
27.0 Skein strength of yarn. Reporting data on the strength        14.00
 and the yarn numbers based on 25 skeins from yarn
 furnished by the applicant, per sample....................
27.1 Single Strand Yarn Strength Test. Measuring 100                6.50
 strands on a Statimat Tester and reporting yarn strength,
 elongation and coefficient of variation, per test.........
28.0 Appearance grade of yarn furnished on bobbins by               6.00
 applicant. Reporting the appearance grade in accordance
 with ASTM standards as based on yarn wound from one
 bobbin, per bobbin........................................
28.1 Furnishing yarn wound on boards in connection with             9.50
 yarn appearance tests.....................................
28.2 Yarn Imperfections Test. Measuring yarn on the Uster           6.50
 Evenness Tester and reporting the yarn imperfections,
 thick places, thin places, and neps, and the present
 coefficient of variation, per sample......................
29.0 Strength of cotton fabric. Reporting the average warp         20.00
 and filling strength by the grab method as based on 5
 breaks for both warp and filling of fabric furnished by
 the applicant, per sample.................................
29.1 Cotton fabric analysis. Reporting data on the number          35.00
 of warp and filling threads per inch and weight per yard
 of fabric based on at least three (3) 6 x 6 inch specimens
 of fabric which were processed or furnished by the
 applicant, per sample.....................................
30.0 Chemical finishing tests on finished drawing silver.          16.00
 The Ahiba Texomat Dyer is used for scouring, bleaching and
 dyeing of a 3-gram sample. Color measurements are made on
 the unfinished, bleached and dyed cotton samples, using a
 Hunterlab Colorimeter, Model 25 M-3. The color values are
 reported in terms of reflectance (Rd), yellowness (+b) and
 blueness (-b).............................................
  Minimum fee..............................................        48.00
32.0 Furnishing identified cotton samples. Includes samples         4.25
 of ginned lint stock at any stage of processing or
 testing, waste of any type, yarn or fabric selected and
 identified in connection with fiber and/or spinning tests,
 per identified sample.....................................
33.0 Furnishing additional copies of test reports.                  1.50
 Including extra copies in addition to the two copies
 routinely furnished in connection with each test item, per
 additional sheet..........................................
  Minimum fee..............................................         6.00
33.1 Furnishing a certified relisting of test results.             18.00
 Includes samples of sub-samples selected from any previous
 tests, per sheet..........................................
33.2 Sending copies of test reports for facsimile (FAX),
 per sheet:
  a. Within continental United States......................         2.00
  b. Outside continental United States.....................         5.00
34.0 Classification of ginned cotton lint is available in
 connection with other fiber tests, under the provisions of
 7 CFR part 28, Sec.   28.56, Classification includes grade
 only based on a 6 oz. (170 g.) sample.
------------------------------------------------------------------------


[57 FR 27893, June 23, 1992]

[[Page 54]]



Sec.  28.957  Special tests and fees.

    Tests may be performed for cooperating agencies and organizations to 
the extent that available facilities will permit, subject to the payment 
of fees as determined by the Director. Special tests and services not 
listed in Sec.  28.956 may be performed to the extent that available 
facilities will permit, subject to the payment of fees determined by the 
Director.



Sec.  28.958  Payment of fees.

    As soon as practicable after the last day of each calendar month, 
bills shall be rendered by officers in charge of testing laboratories to 
all persons from whom payment of fees and costs under the regulations in 
this subpart shall become due, provided that when desirable any bill may 
be rendered at an earlier date. Payment shall be by check or by draft or 
post office or express money order, payable to the order of 
``Agricultural Marketing Service, USDA.''

[35 FR 8532, June 3, 1970. Redesignated at 46 FR 30075, June 5, 1981]



Sec.  28.959  Limitation of testing services.

    If at any time funds available for services under the regulations in 
this subpart may be insufficient to provide for the testing of all 
samples that may be submitted for the purpose, the Director may place 
reasonable limitations upon the quantities of samples to be submitted by 
individuals during any one fiscal year or any one calendar month, and 
may direct that samples received from cotton breeders shall take 
precedence over those received from other persons.

[35 FR 8532, June 3, 1970. Redesignated at 46 FR 30075, June 5, 1981]



Sec.  28.960  Confidential information.

    No information concerning individual tests under the regulations in 
this subpart shall be published or communicated in such a way as to 
disclose to others the identity of the owners of cotton represented by 
samples submitted for testing, except with the written permission of 
such owners.

[35 FR 8532, June 3, 1970. Redesignated at 46 FR 30075, June 5, 1981]



Sec.  28.961  False and misleading information.

    The publication or communication by any person of false or 
misleading information concerning the results of tests as reported by 
laboratories under the regulations in this subpart shall be deemed 
sufficient cause for denial of testing services to such persons.

[35 FR 8532, June 3, 1970. Redesignated at 46 FR 30075, June 5, 1981]



PART 29_TOBACCO INSPECTION--Table of Contents



 Subpart A_Policy Statement and Regulations Governing the Extension of 
  Tobacco Inspection and Price Support Services to New Markets and to 
                 Additional Sales on Designated Markets

Sec.
29.1 Definitions.
29.2 Policy statement.
29.3 Procedures for filing, hearing, and determination of applications.

                          Subpart B_Regulations

                               definitions

29.12 Terms defined.
29.13 The act.
29.14 Secretary.
29.15 Department.
29.16 Division.
29.17 Director.
29.18 Person.
29.19 Inspector.
29.20 Sampler.
29.21 Weigher.
29.22 Appeal inspector.
29.23 Tobacco.
29.24 Official standards.
29.25 Tentative standards.
29.26 Office of inspection.
29.27 Certificate.
29.28 Interested party.
29.29 Regulations.
29.30 Package.
29.31 Lot.
29.32 Identification number.
29.33 Official sample.
29.34 Sample seal.
29.35 Lot seal.
29.36 Auction market.
29.37 Designated market.
29.38 Public notice.
29.39 Permissive inspection.
29.40 Mandatory inspection.

                               definitions

29.41 The Appropriations Act.
29.42 Receiving station.

[[Page 55]]

                             administration

29.51 Administration.

                          permissive inspection

29.56 Permissive inspection.
29.57 Where inspection is offered.
29.58 Who may obtain inspection.
29.59 How to make application.
29.60 Form of application.
29.61 When application deemed filed.
29.62 When application may be rejected.
29.63 When application may be withdrawn.
29.64 Authority of agent.
29.65 Accessibility of tobacco.
29.66 Certificates.
29.67 Disposition of certificates.
29.68 Advance information.
29.69 Weighing apparatus.

                          mandatory inspection

29.71 Mandatory inspection.
29.72 Where mandatory inspection is required.
29.73 Designation of markets; termination of designation.
29.74 Growers' referendum.
29.74a Producer referenda on mandatory grading.
29.75 Accessibility of tobacco.
29.75a Display of burley tobacco on auction warehouse floors in 
          designated markets.
29.75b Display of baled flue-cured tobacco on auction warehouse floors 
          in designated markets.
29.75c Display of tobacco at receiving stations.
29.76 Mandatory inspection ticket.
29.77 Warehousemen to provide tickets.
29.78 Changes or alterations.
29.79 Disposition of ticket.
29.80 Announcing grades.
29.81 Interference with inspectors.

                                 appeal

29.90 When appeal may be taken.
29.91 How to obtain an appeal.
29.92 Record of filing time.
29.93 When appeal may be refused.
29.94 When appeal may be withdrawn.
29.95 Review or second inspection not an appeal.
29.96 Order in which made.
29.97 Who shall pass upon appeals.
29.98 Appeal findings.
29.99 Superseded certificate or sample.

                   inspectors, samplers, and weighers

29.106 Who may be employed, licensed, or authorized.
29.107 Order of providing service.
29.108 Certificate issuance.
29.109 Inspection determinations.
29.110 Method of sampling.
29.111 Weight determinations.
29.112 Proper light.
29.113 Suspension and termination.

                            fees and charges

29.123 Fees and charges.
29.124 When application rejected or withdrawn.
29.125 Charge for appeals.
29.126 When appeal refused or withdrawn.
29.127 Demonstrations and courses of instruction.
29.128 For certificates.
29.129 National Advisory Committee for Inspection Services.

                              miscellaneous

29.131 [Reserved]
29.132 Division investigations.
29.133 Identification number.
29.400 Inspection, certification, and testing of imported tobacco.
29.401 Definitions.
29.402 Advance notice.
29.403 Accessibility of tobacco.
29.404 Inspection.
29.405 Inspection by submitted samples.
29.406 Import inspection certificate.
29.407 Disposition of import inspection certificate.
29.425 Submission and disposition of pesticide residues and end user(s) 
          certification.
29.426 Collection of pesticide test samples.
29.427 Pesticide residue standards.
29.428 Identification of sample for testing.
29.429 Disposition of imported tobacco exceeding pesticide residue 
          standards.
29.430 Appeals.
29.431 Handling of imported tobacco pending test results.
29.500 Fees and charges for inspection and acceptance of imported 
          tobacco.

                           Subpart C_Standards

Official Standard Grades for Flue-Cured Tobacco (U.S. Types 11, 12, 13, 
                        14, and Foreign Type 92)

                               definitions

29.1001 Definitions.
29.1002 Body.
29.1003 Class.
29.1004 Clean.
29.1005 Color.
29.1006 Color intensity.
29.1007 Color symbols.
29.1008 Combination symbols.
29.1009 Condition.
29.1010 Crude.
29.1011 Cured.
29.1012 Damage.
29.1013 Dirty.
29.1014 Elasticity.
29.1015 Elements of quality.
29.1016 Excessively scorched.
29.1017 Finish.

[[Page 56]]

29.1018 Fire-killed.
29.1019 Flue-cured.
29.1020 Foreign matter.
29.1021 Form.
29.1022 Grade.
29.1023 Grademark.
29.1924 Green (G).
29.1025 Greenish (V).
29.1026 Group.
29.1027 Injury.
29.1028 Leaf.
29.1029 Leaf scrap.
29.1030 Leaf structure.
29.1031 Lemon (L).
29.1032 Length.
29.1033 Lot.
29.1034 Maturity.
29.1035 Mixed color (KM).
29.1036 Mixed Group (M).
29.1037 Nested.
29.1038 No-G.
29.1039 No-G-F.
29.1040 No-G-Nested.
29.1041 Oil.
29.1042 Offtype.
29.1043 Orange (F).
29.1044 Orange Red (FR).
29.1045 Order (case).
29.1046 Oxidized (O).
29.1047 Package.
29.1048 Packing.
29.1049 Papery.
29.1050 Prematurity.
29.1051 Quality.
29.1052 Raw.
29.1053 Red (R).
29.1054 Semicured.
29.1055 Side.
29.1056 Slick.
29.1057 Smoked.
29.1058 Sound.
29.1059 Special factor.
29.1060 Steam-dried.
29.1061 Stem.
29.1062 Stemmed.
29.1063 Strips.
29.1064 Sweated.
29.1065 Sweating.
29.1066 Symbol (S).
29.1067 Tobacco.
29.1068 Tobacco products.
29.1069 Type.
29.1070 Type 11.
29.1071 Type 12.
29.1072 Type 13.
29.1073 Type 14.
29.1074 Type 92.
29.1075 Undried.
29.1076 Uniformity.
29.1077 Unsound (U).
29.1078 Unstemmed.
29.1079 Variegated (K).
29.1080 Variegated dark red (KD).
29.1081 Variegated red or scorched (KR).
29.1082 Waste.
29.1083 Wet (W).
29.1084 Whitish-lemon (LL).
29.1085 Width.

                           elements of quality

29.1101 Elements of quality and degrees of each element.

                                  rules

29.1106 Rules.
29.1107 Rule 1.
29.1108 Rule 2.
29.1109 Rule 3.
29.1110 Rule 4.
29.1111 Rule 5.
29.1112 Rule 6.
29.1113 Rule 7.
29.1114 Rule 8.
29.1115 Rule 9.
29.1116 Rule 10.
29.1117 Rule 11.
29.1118 Rule 12.
29.1119 Rule 13.
29.1120 Rule 14.
29.1121 Rule 15.
29.1122 Rule 16.
29.1123 Rule 17.
29.1124 Rule 18.
29.1125 Rule 19.
29.1126 Rule 20.
29.1127 Rule 21.
29.1128 Rule 22.
29.1129 Rule 23.
29.1130 Rule 24.
29.1131 Rule 25.
29.1132 Rule 26.
29.1133 Rule 27.
29.1134 Rule 28.
29.1135 Rule 29.
29.1136 Rule 30.

                                 grades

29.1161 [Reserved]
29.1162 Leaf (B Group).
29.1163 Smoking Leaf (H Group).
29.1164 Cutters (C Group).
29.1165 Lugs (X Group).
29.1166 Primings (P Group).
29.1167 Mixed (M Group).
29.1168 Nondescript (N Group).
29.1169 Scrap (S Group).

                       summary of standard grades

29.1181 Summary of standard grades.

                       key to standard grademarks

29.1225 Key to standard grademarks.

 Official Standard Grades for Virginia Fire-Cured Tobacco (U.S. Type 21)

                               definitions

29.2251 Definitions.
29.2252 Air-dried.
29.2253 Body.
29.2254 Brown colors.
29.2255 Class.
29.2256 Clean.

[[Page 57]]

29.2257 Color.
29.2258 Color intensity.
29.2259 Color symbols.
29.2260 Condition.
29.2261 Crude.
29.2262 Cured.
29.2263 Damage.
29.2264 Dirty.
29.2265 Elasticity.
29.2266 Elements of quality.
29.2267 Fiber.
29.2268 Finish.
29.2269 Fire-cured.
29.2270 Foreign matter.
29.2271 Form.
29.2272 Grade.
29.2273 Grademark.
29.2274 Green (G).
29.2275 Group.
29.2276 Injury.
29.2277 Leaf scrap.
29.2278 Leaf structure.
29.2279 Length.
29.2280 Lot.
29.2281 Maturity.
29.2282 Mixed color or variegated (M).
29.2283 Nested.
29.2284 No grade.
29.2285 Offtype.
29.2286 Oil.
29.2287 Order (case).
29.2288 Package.
29.2289 Packing.
29.2290 Premature primings.
29.2291 Quality.
29.2292 Resweated.
29.2293 Rework.
29.2294 Semicured.
29.2295 Semifired (SF).
29.2296 Side.
29.2297 Size.
29.2298 Sound.
29.2299 Special factor.
29.2300 Steam-dried.
29.2301 Stem.
29.2302 Stemmed.
29.2303 Strength.
29.2304 Strips.
29.2305 Subgrade.
29.2306 Sweated.
29.2307 Sweating.
29.2308 Tobacco.
29.2309 Tobacco products.
29.2310 Type.
29.2311 Type 21.
29.2312 Undried.
29.2313 Uniformity.
29.2314 Unsound (U).
29.2315 Unstemmed.
29.2316 Wet (W).
29.2317 Width.

                           elements of quality

29.2351 Elements of quality and degrees of each element.

                                  sizes

29.2371 Standard sizes.

                                  rules

29.2391 Rules.
29.2392 Rule 1.
29.2393 Rule 2.
29.2394 Rule 3.
29.2395 Rule 4.
29.2396 Rule 5.
29.2397 Rule 6.
29.2398 Rule 7.
29.2399 Rule 8.
29.2400 Rule 9.
29.2401 Rule 10.
29.2402 Rule 11.
29.2403 Rule 12.
29.2404 Rule 13.
29.2405 Rule 14.
29.2406 Rule 15.
29.2407 Rule 16.
29.2408 Rule 17.
29.2409 Rule 18.
29.2410 Rule 19.
29.2411 Rule 20.
29.2412 Rule 21.
29.2413 Rule 22.
29.2414 Rule 23.

                                 grades

29.2436 Wrappers (A Group).
29.2437 Heavy Leaf (B Group).
29.2438 Thin Leaf (C Group).
29.2439 Lugs (X Group).
29.2440 (N Group).
29.2441 Scrap (S Group).

                       summary of standard grades

29.2461 Summary of standard grades.

                       key to standard grademarks

29.2481 Key to standard grademarks.

   Official Standard Grades for Kentucky and Tennessee Fire-Cured and 
 Foreign-Grown Fire-Cured Tobacco (U.S. Types 22, 23, and Foreign Type 
                                   96)

                               definitions

29.2501 Definitions.
29.2502 Air-dried.
29.2503 Body.
29.2504 Brown colors.
29.2505 Class.
29.2506 Clean.
29.2507 Color.
29.2508 Color intensity.
29.2509 Color symbols.
29.2510 Condition.
29.2511 Crude.
29.2512 Cured.
29.2513 Damage.
29.2514 Dirty.
29.2515 Elasticity.
29.2516 Elements of quality.

[[Page 58]]

29.2517 Fiber.
29.2518 Finish.
29.2519 Fire-cured.
29.2520 Foreign matter.
29.2521 Form.
29.2522 Grade.
29.2523 Grademark.
29.2524 Green (G).
29.2525 Greenish.
29.2526 Group.
29.2527 Injury.
29.2528 Leaf.
29.2529 Leaf scrap.
29.2530 Leaf structure.
29.2531 Length.
29.2532 Lot.
29.2533 Maturity.
29.2534 Mixed color or variegated (M).
29.2535 Nested.
29.2536 No grade.
29.2537 Offtype.
29.2538 Oil.
29.2539 Order (case).
29.2540 Package.
29.2541 Packing.
29.2542 Quality.
29.2543 Raw.
29.2544 Resweated.
29.2545 Rework.
29.2546 Semicured.
29.2547 Semifired (SF).
29.2548 Side.
29.2549 Size.
29.2550 Sound.
29.2551 Special factor.
29.2552 Steam-dried.
29.2553 Stem.
29.2554 Stemmed.
29.2555 Strength.
29.2556 Strips.
29.2557 Subgrade.
29.2558 Sweated.
29.2559 Sweating.
29.2560 Tobacco.
29.2561 Tobacco products.
29.2562 Type.
29.2563 Type 22.
29.2564 Type 23.
29.2565 Type 96.
29.2566 Undried.
29.2567 Uniformity.
29.2568 Unsound (U).
29.2569 Unstemmed.
29.2570 Wet (W).
29.2571 Width.

                           elements of quality

29.2601 Elements of quality and degrees of each element.

                                  sizes

29.2606 Standard sizes.

                                  rules

29.2616 Rules.
29.2617 Rule 1.
29.2618 Rule 2.
29.2619 Rule 3.
29.2620 Rule 4.
29.2621 Rule 5.
29.2622 Rule 6.
29.2623 Rule 7.
29.2624 Rule 8.
29.2625 Rule 9.
29.2626 Rule 10.
29.2627 Rule 11.
29.2628 Rule 12.
29.2629 Rule 13.
29.2630 Rule 14.
29.2631 Rule 15.
29.2632 Rule 16.
29.2633 Rule 17.
29.2634 Rule 18.
29.2635 Rule 19.
29.2636 Rule 20.
29.2637 Rule 21.
29.2638 Rule 22.
29.2639 Rule 23.
29.2640 Rule 24.

                                 grades

29.2661 Wrappers (A Group).
29.2662 Heavy Leaf (B Group).
29.2663 Thin Leaf (C Group).
29.2664 Lugs (X Group).
29.2665 Nondescript (N Group).
29.2666 Scrap (S Group).

                       summary of standard grades

29.2686 Summary of standard grades.

                       key to standard grademarks

29.2696 Key to standard grademarks.

 Official Standard Grades for Burley Tobacco (U.S. Type 31 and Foreign 
                                Type 93)

                               definitions

29.3001 Definitions.
29.3002 Air-cured.
29.3003 Air-dried.
29.3004 Body.
29.3005 Burley, Type 31.
29.3006 Burley, Type 93.
29.3007 Buff color (L).
29.3008 Class.
29.3009 Clean.
29.3010 Color.
29.3011 Color intensity.
29.3012 Color symbols.
29.3013 Combination color symbols.
29.3014 Condition.
29.3015 Crude.
29.3016 Cured.
29.3017 Damage.
29.3018 Dark red color (D).
29.3019 Dirty.
29.3020 Elements of quality.
29.3021 Fiber.
29.3022 Finish.
29.3023 Foreign matter.
29.3024 Form.

[[Page 59]]

29.3025 General color.
29.3026 General quality.
29.3027 Grade.
29.3028 Grademark.
29.3029 Green (G).
29.3030 Greenish (V).
29.3031 Group.
29.3032 Injury.
29.3033 Leaf.
29.3034 Leaf scrap.
29.3035 Leaf structure.
29.3036 Leaf surface.
29.3037 Length.
29.3038 Lot.
29.3039 Maturity.
29.3040 Mixed color (M).
29.3041 Nested.
29.3042 No grade.
29.3043 No-G-Nested.
29.3044 Offtype.
29.3045 Order (case).
29.3046 Oriented.
29.3047 Package.
29.3048 Packing.
29.3049 Pink or pinkish.
29.3050 Quality.
29.3051 Raw.
29.3052 Red color (R).
29.3053 Rework.
29.3054 Semicured.
29.3055 Side.
29.3056 Sound.
29.3057 Special factor.
29.3058 Steam-dried.
29.3059 Stem.
29.3060 Stemmed.
29.3061 Strength (tensile).
29.3062 Strips.
29.3063 Subgrade.
29.3064 Sweated.
29.3065 Sweating.
29.3066 Tan color.
29.3067 Tannish-buff (FL).
29.3068 Tannish-red color (FR).
29.3069 Tobacco.
29.3070 Tobacco products.
29.3071 Type.
29.3072 Undried.
29.3073 Uniformity.
29.3074 Unsound (U).
29.3075 Unstemmed.
29.3076 Variegated (K).
29.3077 Wet (W).
29.3078 Width.

                           elements of quality

29.3101 Elements of quality and degrees of each element.

                                  rules

29.3103 Rules.
29.3104 Rule 1.
29.3105 Rule 2.
29.3106 Rule 3.
29.3107 Rule 4.
29.3108 Rule 5.
29.3109 Rule 6.
29.3110 Rule 7.
29.3111 Rule 8.
29.3112 Rule 9.
29.3113 Rule 10.
29.3114 Rule 11.
29.3115 Rule 12.
29.3116 Rule 13.
29.3117 Rule 14.
29.3118 Rule 15.
29.3119 Rule 16.
29.3120 Rule 17.
29.3121 Rule 18.
29.3122 Rule 19.
29.3123 Rule 20.
29.3124 Rule 21.
29.3125 Rule 22.
29.3126 Rule 23.
29.3127 Rule 24.
29.3128 Rule 25.

                                 grades

29.3151 Flyings (X Group).
29.3152 Lugs or Cutters (C Group).
29.3153 Leaf (B Group).
29.3154 Tips (T Group).
29.3155 Mixed (M Group).
29.3156 Nondescript (N Group).
29.3157 Scrap (S Group).

                       summary of standard grades

29.3181 Summary of standard grades.

                       key to standard grademarks

29.3182 Key to standard grademarks.

Official Standard Grades for Dark Air-Cured Tobacco (U.S. Types 35, 36, 
                         37 and Foreign Type 95)

                               definitions

29.3501 Definitions.
29.3502 Air-cured.
29.3503 Air-dried.
29.3504 Body.
29.3505 Brown colors.
29.3506 Class.
29.3507 Clean.
29.3508 Color.
29.3509 Color intensity.
29.3510 Color symbols.
29.3511 Condition.
29.3512 Crude.
29.3513 Cured.
29.3514 Damage.
29.3515 Dirty.
29.3516 Elasticity.
29.3517 Finish.
29.3518 Foreign matter.
29.3519 Form.
29.3520 Grade.
29.3521 Grademark.
29.3522 Green (G).
29.3523 Group.
29.3524 Injury.
29.3525 Leaf.

[[Page 60]]

29.3526 Leaf scrap.
29.3527 Leaf structure.
29.3528 Leaf surface.
29.3529 Length.
29.3530 Lot.
29.3531 Maturity.
29.3532 Mixed (M).
29.3533 Nested.
29.3534 No grade.
29.3535 Offtype.
29.3536 Order (case).
29.3537 Package.
29.3538 Packing.
29.3539 Quality.
29.3540 Raw.
29.3541 Resweated.
29.3542 Rework.
29.3543 Semicured.
29.3544 Side.
29.3545 Size.
29.3546 Sound.
29.3547 Special factor.
29.3548 Steam-dried.
29.3549 Stem.
29.3550 Stemmed.
29.3551 Strips.
29.3552 Subgrade.
29.3553 Sweated.
29.3554 Sweating.
29.3555 Tobacco.
29.3556 Tobacco products.
29.3557 Type.
29.3558 Type 35.
29.3559 Type 36.
29.3560 Type 37.
29.3561 Type 95.
29.3562 Undried.
29.3563 Uniformity.
29.3564 Unsound (U).
29.3565 Unstemmed.
29.3566 Variegated.
29.3567 Wet (W).
29.3568 Width.

                           elements of quality

29.3586 Elements of quality and degrees of each element.

                                  sizes

29.3591 Standard tobacco sizes.

                                  rules

29.3601 Rules.
29.3602 Rule 1.
29.3603 Rule 2.
29.3604 Rule 3.
29.3605 Rule 4.
29.3606 Rule 5.
29.3607 Rule 6.
29.3608 Rule 7.
29.3609 Rule 8.
29.3610 Rule 9.
29.3611 Rule 10.
29.3612 Rule 11.
29.3613 Rule 12.
29.3614 Rule 13.
29.3615 Rule 14.
29.3616 Rule 15.
29.3617 Rule 16.
29.3618 Rule 17.
29.3619 Rule 18.
29.3620 Rule 19.
29.3621 Rule 20.
29.3622 Rule 21.
29.3623 Rule 22.
29.3624 Rule 23.
29.3625 Rule 24.
29.3626 Rule 25.

                                 grades

29.3646 Wrappers (A Group).
29.3647 Heavy Leaf (B Group).
29.3648 Thin Leaf (C Group).
29.3649 [Reserved]
29.3650 Lugs (X Group).
29.3651 Nondescript (N Group).
29.3652 Scrap (S Group).

                       summary of standard grades

29.3676 Summary of standard grades.

                        applicable standard sizes

29.3681 Applicable standard sizes.

                       key to standard grademarks

29.3686 Key to standard grademarks.

Official Standard Grades for Wisconsin Cigar-Binder Tobacco (U.S. Types 
                               54 and 55)

                               definitions

29.6001 Definitions.
29.6002 Air-cured.
29.6003 Body.
29.6004 Burn.
29.6005 Case (order).
29.6006 Class.
29.6007 Clean.
29.6008 Condition.
29.6009 Crude.
29.6010 Cured.
29.6011 Damage.
29.6012 Dirty.
29.6013 Elasticity.
29.6014 Elements of quality.
29.6015 Foreign matter.
29.6016 Form.
29.6017 General quality.
29.6018 Grade.
29.6019 Grademark.
29.6020 Group.
29.6021 Injury.
29.6022 Leaf scrap.
29.6023 Leaf structure.
29.6024 Length.
29.6025 Lot.
29.6026 Maturity.
29.6027 Nested.
29.6028 No Grade.
29.6029 Offtype.
29.6030 Package.
29.6031 Packing.

[[Page 61]]

29.6032 Quality.
29.6033 Raw.
29.6034 Semicured.
29.6035 Side.
29.6036 Sound.
29.6037 Stem.
29.6038 Stemmed.
29.6039 Stem rot.
29.6040 Strength (tensile).
29.6041 Strips.
29.6042 Sweated.
29.6043 Tobacco.
29.6044 Tobacco products.
29.6045 Type.
29.6046 Type 53.
29.6047 Type 54.
29.6048 Type 55.
29.6049 Undried.
29.6050 Uniformity.
29.6051 Unstemmed.
29.6052 Unsweated.
29.6053 Wet (high-case).
29.6054 Width.

                           elements of quality

29.6081 Elements of quality and degrees of each element.

                                  rules

29.6086 Rules.
29.6087 Rule 1.
29.6088 Rule 2.
29.6089 Rule 3.
29.6090 Rule 4.
29.6091 Rule 5.
29.6092 Rule 6.
29.6093 Rule 7.
29.6094 Rule 8.
29.6095 Rule 9.
29.6096 Rule 10.
29.6097 Rule 11.
29.6098 Rule 12.
29.6099 Rule 13.
29.6100 Rule 14.
29.6101 Rule 15.
29.6102 Rule 16.
29.6103 Rule 17.
29.6104 Rule 18.

                                 grades

29.6126 Binder (B Group).
29.6127 Stripper (C Group).
29.6128 Straight Stripped (X Group).
29.6129 Farm Filler (Y Group).
29.6130 Nondescript (N Group).
29.6131 Scrap (S Group).

                       summary of standard grades

29.6155 Summary of standard grades.

                       key to standard grademarks

29.6161 Key to standard grademarks.

           Subpart D_Orders of Designation of Tobacco Markets

29.8001 Designation of tobacco markets.

Subpart E [Reserved]

Subpart F_Policy Statement and Regulations Governing the Identification 
 and Certification of Nonquota Tobacco Produced and Marketed in a Quota 
                                  Area

                               definitions

29.9201 Terms defined.
29.9202 Approved receiving station.
29.9203 Certification.
29.9204 Crop-lot.
29.9205 Identification number (farm serial number).
29.9206 Inspection.
29.9207 Nonquota tobacco.
29.9208 Permissible inspection.
29.9209 Lot.
29.9210 Office of inspection.

                            policy statement

29.9221 Policy statement.

                             administration

29.9231 Administration.
29.9232 Where certification is available.
29.9233 When certification will be made.
29.9234 Who may obtain certification.
29.9235 How to make application.
29.9236 Form of application.
29.9237 When application deemed filed.
29.9238 When application may be rejected.
29.9239 When application may be withdrawn.
29.9240 Responsibilities of applicant.
29.9241 Accessibility of tobacco.

                            fees and charges

29.9251 Fees and charges.

                          certifying procedures

29.9261 Procedure to be followed.
29.9262 Issuance of certificates.
29.9263 Tobacco classification certificate.
29.9264 Forms.
29.9265 Disposition of certificate.
29.9266 Changes or alterations.

                               preclusion

29.9281 Preclusion.

  Subpart G_Policy Statement and Regulations Governing Availability of 
 Tobacco Inspection and Price Support Services to Flue-Cured Tobacco on 
                           Designated Markets

29.9401 Definitions.
29.9402 Policy statement.
29.9403 Flue-Cured Tobacco Advisory Committee.

[[Page 62]]

29.9404 Marketing area opening dates and marketing schedules.
29.9405 Issuance of marketing area opening date and selling schedules by 
          the Secretary.
29.9406 Failure of warehouse to comply with opening and selling 
          schedule.
29.9407 Records and reports.

    Authority: 7 U.S.C. 511-511s.

    Cross Reference: For regulations with respect to tobacco warehouses, 
see part 737 of chapter VII.



 Subpart A_Policy Statement and Regulations Governing the Extension of 
  Tobacco Inspection and Price Support Services to New Markets and to 
                 Additional Sales on Designated Markets

    Authority: Sec. 14, 49 Stat. 734, as amended; sec. 4, 62 Stat. 1070, 
as amended, 7 U.S.C. 511m, 15 U.S.C. 714b. Interpret or apply sec. 5, 62 
Stat. 1072 secs. 101, 401, 403, 63 Stat. 1051, as amended, 1054 as 
amended, 15 U.S.C. 714c, 7 U.S.C. 1441, 1421, 1423.



Sec.  29.1  Definitions.

    For purposes of this subpart A, the following terms shall have the 
following meanings:
    (a) Additional sale means an additional auction sale proposed to be 
conducted on a designated market.
    (b) Adequate set of buyers means 5 or more buyers representing 5 or 
more companies or buying organizations which either will use the tobacco 
in the manufacture of tobacco products in this country or in foreign 
countries, or will pack and sell the tobacco later for use by 
manufacturers in this country or foreign countries, and who could 
reasonably be expected to purchase at least two-thirds of the total U.S. 
production of the kind of tobacco for which the additional services are 
requested.
    (c) Auction market means a marketing center containing one or more 
warehouses where tobacco is delivered by producers thereof, or their 
agents, for sale by the auction process. There may be one or more 
auction sales on an auction market.
    (d) Bona fide auction sale and auction sale mean the buying and 
selling of tobacco offered by producers by the auction process which 
customarily and usually consists of an adequate set of buyers; an 
auctioneer who takes each buyer's bid; a sales starter who makes the 
opening bid on each lot; and a ticket marker who records the applicable 
sales data on each lot.
    (e) Designated market means an auction market designated by the 
Secretary under section 5 of the Tobacco Inspection Act including the 
town or city which is the population center of the market and whose name 
the market bears and all of the geographical area within 5 road miles of 
the boundaries of said city or town as they are constituted on January 
1, 1993. Provided, That any warehouse beyond those boundaries which 
received tobacco inspection and price support services during the 1992 
marketing season shall continue to receive such services at the same 
location regardless of any prohibition contained herein: And further 
provided, That this geographical limitation may be waived by the 
Secretary after a hearing held pursuant to Sec. Sec.  29.2 and 29.3.
    (f) Secretary means the Secretary of Agriculture of the United 
States, or any officer or employee of the U.S. Department of Agriculture 
to whom authority has heretofore been delegated, or to whom authority 
may hereafter be delegated, to act in his stead.
    (g) Hearing Officer means any administrative law judge appointed 
pursuant to 5 U.S.C. 3105, and assigned to the proceeding involved, or 
such other employee of the Department of Agriculture as the Secretary 
may designate to act as hearing officer at such hearing.
    (h) New market means an auction market, other than a designated 
market, at which inspection service under the tobacco Inspection Act was 
not provided on a regular basis during the preceding marketing season.
    (i) Hearing Clerk means the Hearing Clerk of the U.S. Department of 
Agriculture, Washington, DC 20250.
    (j) Kind of tobacco means any one of the following: Flue-cured, 
Burley, Fire-cured, Dark air-cured, Maryland or Virginia sun-cured.

[37 FR 7765, Apr. 20, 1972, as amended at 39 FR 3548, Jan. 28, 1974; 42 
FR 17097, Mar. 31, 1977; 58 FR 21343, Apr. 21, 1993]

[[Page 63]]



Sec.  29.2  Policy statement.

    Inspection and price support services currently provided in auction 
marketing areas are adequate and the lack of these services is not a 
limiting factor to accelerated marketings or the extension of price 
support to producers. Consequently, the extension of inspection and 
price support services, without limitation even though the cost of such 
service is paid by the seller, would not contribute to the effectuation 
of the purposes of either of these services. The additional cost 
incident to the unlimited extension of these services would be 
unjustifiable and excessive in relation to the total quantity of tobacco 
available for market. Accordingly, inspection and price support services 
shall be made available on new markets at warehouses which are located 
beyond the geographical limitation for ``designated markets'' set forth 
in Sec.  29.1(e), and additional sales for other than flue-cured tobacco 
only as hereinafter provided. With regard to flue-cured tobacco, 
allocation of inspection services is based on producer designation, as 
provided for in 7 CFR 1464.2(e)(2)(iii), see subpart G. Also, since 
these services shall be made available to new markets to warehouses 
which are located beyond the geographical limitation for ``designated 
markets'' set forth in Sec.  29.1(e), and additional sales only as 
herein provided, referenda incident to market designations shall not be 
conducted until auction markets seeking designation have qualified for 
inspection and price support services as herein provided.
    (a) Reasonable inspection and price support services. The extension 
of tobacco inspection and price support services to new markets to 
warehouses which are located beyond the geographical limitation for 
``designated markets'' set forth in Sec.  29.1(e), and additional sales 
will be conditioned upon the reasonableness of such services existing in 
the marketing area of the proposed new market or additional sale. 
Transactions in tobacco as conducted at auction markets customarily 
involve the sale of tobacco at a bona fide auction sale. Determination 
with respect to reasonableness, and consequently with respect to 
granting or denying additional services, will be based on evidence (1) 
that the proposed new market, warehouse located beyond the geographical 
limitation for ``designated markets'' set forth in Sec.  29.1(e), or 
additional sale will function as a bona fide auction sale, and (2) that 
additional services are justifiable in relation to other market data, 
including the volume of tobacco produced in the area surrounding the 
proposed new market, warehouse located beyond the geographical 
limitation for ``designated markets'' set forth in Sec.  29.1(e), or 
additional sale; the roads and road distances involved in moving tobacco 
to the proposed new market, warehouse located beyond the geographical 
limitation for ``designated markets'' set forth in Sec.  29.1(e), or 
additional sale in relation to other tobacco marketing centers; the 
relative availability or congestion of all facilities for redrying and 
packing tobacco handled or to be handled in the proposed new market, 
warehouse located beyond the geographical limitation for ``designated 
markets'' set forth in Sec.  29.1(e), or additional sale; the location 
of other auction markets on which tobacco produced in the marketing area 
of the proposed new market, warehouse located beyond the geographical 
limitation for ``designated markets'' set forth in Sec.  29.1(e), or 
additional sale may be marketed; the number of tobacco growers to be 
affected by the proposed new market, warehouse located beyond the 
geographical limitation for ``designated markets'' set forth in Sec.  
29.1(e), or additional sale; the volume of tobacco likely to be sold in 
the proposed new market, warehouse located beyond the geographical 
limitation for ``designated markets'' set forth in Sec.  29.1(e), or 
additional sale; the relationship of sales in the proposed new market, 
warehouse located beyond the geographical limitation for ``designated 
markets'' set forth in Sec.  29.1(e), or additional sale to sales in 
other auction markets in the producing area for that kind of tobacco; 
other economic factors affecting the marketing of tobacco, by growers, 
in the marketing area of the proposed new market, warehouse located 
beyond the geographical limitation for ``designated markets'' set forth 
in Sec.  29.1(e), or additional sale

[[Page 64]]

and in the producing area for that kind of tobacco, including 
limitations on sales imposed by any marketing agreement and/or order, or 
by any other means; and also, as to flue-cured tobacco, data with regard 
to producer designations which shall include, but not be limited to, the 
markets and warehouses currently available for the producers, who would 
be eligible to designate the new market or, warehouse located beyond the 
geographical limitation for ``designated markets'' set forth in Sec.  
29.1(e), who already designate and who desire to designate the new 
market.
    (b) Order of priority. If the Secretary finds that there are 
insufficient qualified tobacco inspectors available to service 
adequately all applicants otherwise found to be qualified for additional 
inspection service pursuant to this subpart for a kind of tobacco, those 
applicants found to be eligible for additional services on auction 
markets designated for mandatory inspection shall be given priority over 
applicants for additional inspection service on other auction markets. 
If it becomes necessary to determine which of several qualified 
applicants having an equal order of priority under the preceding 
sentence shall receive additional inspection and price support services, 
those auction sales or auction markets where the greatest number of 
growers needing such service may be served with the qualified inspectors 
shall have priority. If an application for an additional sale on a 
designated market is denied for lack of qualified inspectors, the 
Secretary, on application from such market, may temporarily suspend the 
requirement of inspection and certification on such market pursuant to 
section 5 of the Tobacco Inspection Act.
    (c) Price support services to be through warehouses. Price support 
services on any auction market will be offered through tobacco auction 
warehouses operating in such market, and, notwithstanding any provision 
of this subpart, the offering of price support services through any 
auction warehouse located on any auction market will be conditioned upon 
a qualified, responsible warehouseman entering into an approved auction 
warehouse contract under the provisions of the applicable tobacco price 
support program, published at part 1464 of this title.

[37 FR 7765, Aug. 20, 1972, as amended at 42 FR 17097, Mar. 31, 1977; 46 
FR 62393, Dec. 24, 1981]



Sec.  29.3  Procedures for filing, hearing, and determination of applications.

    (a) Time and place of filing. Applications for the extension of 
tobacco inspection and price support services to new markets, to 
warehouses located beyond the geographical limitation for ``designated 
markets'' set forth in Sec.  29.1(e) and to additional sales on 
designated markets shall be filed, in triplicate, with the Hearing Clerk 
not later than September 15 in the case of flue-cured tobacco, December 
1 in the case of Maryland tobacco, and July 15 in the case of burley and 
all other kinds of tobacco. Applications should be addressed to the 
Hearing Clerk, U.S. Department of Agriculture, Washington, DC 20250. 
Applications which are not received by the Hearing Clerk on or before 
the foregoing cutoff date for the kind of tobacco shall be rejected as 
untimely filed. After denial of an application for additional inspection 
and price support services for a marketing season, no application from 
the same auction market or proposed new market shall be considered for 
the next consecutive marketing season, unless the application contains a 
statement by the applicant setting forth new facts that constitute 
evidence of such a substantial change in conditions since the previous 
hearing as the review committee as specified in paragraph (h) of this 
section deems would warrant such further hearing.
    (b) Form and content of application. The application shall be in 
writing, shall set forth the grounds for the application and shall be 
signed by the applicant or applicants. If an applicant is a corporation, 
the application shall be executed by a responsible officer of such 
corporation. The application shall include a statement of the name, 
address and form of business organization of each party to the 
application and the location of the proposed new market or additional 
sale.
    (c) Hearings on applications. Following the closing date for filing 
applications

[[Page 65]]

for each kind of tobacco, a hearing or hearings shall be held on the 
applications, if any, filed for additional inspection and price support 
services for the kind of tobacco in question. Such hearing or hearings 
shall be scheduled to begin within 60 days following the closing date 
for such applications. Notice of hearing shall be issued by the 
Secretary, filed with the Hearing Clerk, and published in the Federal 
Register, and a copy shall be mailed by the Hearing Clerk to each 
applicant. Such publication and mailing shall be not less than 5 days 
prior to the opening of the hearing.
    (d) Hearing officer. A hearing officer shall preside over each such 
hearing. The hearing officer shall determine the order of procedure at 
the hearing, shall have power to administer oaths and affirmations, to 
rule on and admit evidence, and, following the opening of the hearing, 
to recess the hearing to such other times and places as he deems 
desirable or necessary.
    (e) Scope of hearing and burden of proof. Each applicant shall have 
the burden of presenting evidence relative to the factors specified in 
Sec.  29.2(a).
    (f) Record and evidence. The proceedings at each such hearing shall 
be transcribed verbatim. All oral testimony shall be under oath or 
affirmation. All documentary exhibits shall be submitted in triplicate 
by the person offering the same. The Hearing Officer shall, insofar as 
possible, exclude testimony and exhibits which are irrelevant, 
immaterial, or not of the sort upon which responsible persons are 
accustomed to rely. Cross-examination shall be allowed only to the 
extent that the Hearing Officer in his discretion deems it desirable or 
necessary to develop the material facts.
    (g) Briefs. If requested at the hearing, the presiding officer shall 
fix a time, not to exceed 20 days from the close of the hearing, within 
which interested persons may mail briefs to the Hearing Clerk.
    (h) Certification and referral. As soon as practicable following the 
close of the hearing, the Hearing Officer shall certify the transcript 
of the proceedings at the hearing together with all exhibits and shall 
transmit the same to the Hearing Clerk for referral to a review 
committee comprised of the Administrator, Agricultural Marketing 
Service, the Administrator, Agricultural Stabilization and Conservation 
Service, and a representative of the Office of the Secretary to be 
designated by the Secretary.
    (i) Recommended action. The review committee shall review and 
consider the applications, hearing record, including exhibits, and all 
other available information and data relating to applications for each 
kind of tobacco and shall submit a recommendation thereon to the 
Secretary.
    (j) Final decision. The Secretary shall issue the decision on each 
application and such decision shall be final: Provided, That any 
determination that additional services will be provided may be 
reconsidered and may be vacated if it is subsequently found that any 
material fact upon which such determination was based was materially 
erroneous or false, or that the new market or additional sale in 
question is not functioning as a bona fide auction sale. Such decision 
shall be filed with the Hearing Clerk who shall mail a true copy 
thereof, by certified mail, to the applicant.

[37 FR 7765, Apr. 20, 1972, as amended at 39 FR 3548, Jan. 28, 1974; 41 
FR 24693, June 18, 1976; 42 FR 17098, Mar. 31, 1977; 46 FR 62393, Dec. 
24, 1981]



                          Subpart B_Regulations

    Authority: 7 U.S.C. 511m, 511r, and 511s.

    Source: 13 FR 9474, Dec. 31, 1948; 19 FR 57, Jan. 6, 1954, unless 
otherwise noted.

                               definitions



Sec.  29.12  Terms defined.

    As used in this subpart and in all instructions, forms, and 
documents in connection therewith, the words and phrases hereinafter 
defined shall have the indicated meanings so assigned unless the context 
or subject matter otherwise requires.



Sec.  29.13  The act.

    The Tobacco Inspection Act, approved August 23, 1935. (7 U.S.C. 511 
et seq.)

[[Page 66]]



Sec.  29.14  Secretary.

    Secretary means the Secretary of Agriculture of the United States, 
or any officer or employee of the Department to whom authority has 
heretofore been delegated, or to whom authority may hereafter be 
delegated, to act in his stead.



Sec.  29.15  Department.

    The U.S. Department of Agriculture.



Sec.  29.16  Division.

    Tobacco Division, Agricultural Marketing Service, U.S. Department of 
Agriculture.



Sec.  29.17  Director.

    Director or Acting Director, Tobacco Division, Agricultural 
Marketing Service, U.S. Department of Agriculture.



Sec.  29.18  Person.

    Individual, association, partnership, or corporation.



Sec.  29.19  Inspector.

    Person employed, licensed, or authorized by the Secretary to 
determine and certify the type, grade, condition, or other 
characteristics of tobacco.



Sec.  29.20  Sampler.

    Person employed, licensed, or authorized by the Secretary to select, 
tag, and seal official samples of tobacco.



Sec.  29.21  Weigher.

    Person employed, licensed, or authorized by the Secretary to weigh 
and certify the weight of tobacco.



Sec.  29.22  Appeal inspector.

    An inspector or other person designated or authorized by the 
Division to hear appeals under the Act and the regulations in this 
subpart.



Sec.  29.23  Tobacco.

    Tobacco in its unmanufactured forms as it appears between the time 
it is cured and stripped from the stalk, or primed and cured and the 
time it enters a manufacturing process. Conditioning, sweating, and 
stemming are not regarded as manufacturing processes.



Sec.  29.24  Official standards.

    Standards for tobacco promulgated by the Secretary under the Act.



Sec.  29.25  Tentative standards.

    Standards for tobacco prepared by the Division for trial purposes 
and limited use pending promulgation by the Secretary of Official 
Standards.



Sec.  29.26  Office of inspection.

    A field office of the tobacco inspection service of the Division.



Sec.  29.27  Certificate.

    A certificate issued under the Act and the regulations in this 
subpart.



Sec.  29.28  Interested party.

    The owner or other financially interested person; including the 
warehouseman, commission merchant, association, and other person who has 
the tobacco in his custody for sale; the authorized agent of the owner; 
and persons to whom or by whom the tobacco has been sold on the basis of 
a certificate issued, or sample prepared, under the Act, but not 
including a person who is negotiating for its purchase.



Sec.  29.29  Regulations.

    Rules and regulations of the Secretary under the Act.



Sec.  29.30  Package.

    A hogshead, tierce, case, bale, or other securely enclosed parcel or 
bundle.



Sec.  29.31  Lot.

    A pile, basket, bulk, package, or other definite unit.



Sec.  29.32  Identification number.

    A number or a combination of letters and numbers in a design or mark 
approved by the Director, stamped, printed, or stenciled on a lot of 
tobacco or attached thereto by an inspector, sampler, or weigher for the 
purpose of identifying the lot covered by a certificate issued under the 
Act.



Sec.  29.33  Official sample.

    A sample selected, tagged, and signed by an inspector or sampler 
under the Act.

[[Page 67]]



Sec.  29.34  Sample seal.

    A seal approved by the Director for sealing official samples.



Sec.  29.35  Lot seal.

    A seal approved by the Director for sealing lots of tobacco 
certificated under the Act.



Sec.  29.36  Auction market.

    A place to which tobacco is delivered by the producers thereof, or 
their agents, for sale at auction through a warehouseman or commission 
merchant.



Sec.  29.37  Designated market.

    An auction market designated by the Secretary, under section 5 of 
the Act.



Sec.  29.38  Public notice.

    A proclamation by the Secretary under the Act (a) stating that an 
auction market is designated under the Act; (b) giving notice of such 
fact; (c) specifying a date when the requirement of inspection and 
certification under the act shall become effective; and (d) released to 
the press, mailed to the tobacco board of trade or warehouse association 
of such market, and mailed to the postmaster at such market for posting.



Sec.  29.39  Permissive inspection.

    Inspection authorized under section 6 of the Act.



Sec.  29.40  Mandatory inspection.

    Inspection authorized or required under section 5 of the Act or 
section 759 of the Appropriations Act.

[67 FR 36080, May 23, 2002]

                               definitions



Sec.  29.41  The Appropriations Act.

    The Agriculture, Rural Development, Food and Drug Administration, 
and Related Agencies Appropriations Act for 2002 (Pub. L. 107-76).

[67 FR 36080, May 23, 2002]



Sec.  29.42  Receiving station.

    Points at which producer tobacco is offered for marketing (other 
than sale at auction on a designated market), including tobacco auction 
warehouses, packing houses, prizeries, or places where tobacco is 
handled or stored.

[67 FR 36080, May 23, 2002]

                             administration



Sec.  29.51  Administration.

    The Director is charged with the supervision of the Division and the 
performance of all duties assigned thereto in the administration of the 
Act. Information concerning such administration may be obtained by 
addressing: The Director, Tobacco Division, Agricultural Marketing 
Service, U.S. Department of Agriculture, Washington, DC 20250.

                          permissive inspection



Sec.  29.56  Permissive inspection.

    Permissive inspection consists of inspection, including sampling and 
weighing, and certificating tobacco upon the request of an interested 
party. Upon such request, the Director may authorize and require an 
inspector, as a part of his duties, to supervise the preparation of 
tobacco to be inspected under the Act, including the sorting, handling, 
conditioning, or packing of such tobacco. Special tests and services may 
be performed for interested persons to the extent that available 
facilities will permit, subject to the payment of fees as provided in 
Sec.  29.123.

[13 FR 9474, Dec. 31, 1948; 19 FR 57, Jan. 6, 1954, as amended at 64 FR 
67470, Dec. 2, 1999; 65 FR 36782, June 12, 2000]



Sec.  29.57  Where inspection is offered.

    Tobacco may be inspected, sampled, or weighed for the purposes of 
the Act, upon request of an interested party, at points indicated in 
paragraphs (a), (b), and (c) of this section whenever official 
inspectors, samplers, or weighers are available and the tobacco is 
offered under conditions that permit of its proper examination.
    (a) Points at which tobacco enters, or is offered for, interstate or 
foreign shipment, including packing houses, prizeries, warehouses, and 
other places where tobacco is handled, packed, or stored.
    (b) The stations or the headquarters of inspectors, samplers, or 
weighers.

[[Page 68]]

An official station may be any town, city, or place having a market, 
receiving station, or other facilities for handling, packing, or storing 
tobacco and where there is a sufficient volume of work to justify the 
stationing of an inspector, sampler, or weigher.
    (c) Points near an official station, to the extent permitted by the 
time of the inspector, sampler, or weigher at such official station.



Sec.  29.58  Who may obtain inspection.

    Inspection, sampling, or weighing as described in Sec.  29.56 may be 
requested by an interested party, or his authorized agent, by filing an 
application in accordance with Sec. Sec.  29.59 and 29.60.



Sec.  29.59  How to make application.

    Application for inspection, sampling, or weighing of tobacco shall 
be made to the Division, the office of inspection, or as the case may 
be, to an official inspector, sampler, or weigher. It may be made orally 
or in writing and delivered in person, by mail, by telegraph, or 
otherwise. If made orally, the Division or the official receiving it may 
require a written confirmation.



Sec.  29.60  Form of application.

    Application for inspection, sampling, or weighing tobacco shall 
include the following information:
    (a) The date of the application;
    (b) The designation of the tobacco and the crop year of its 
production;
    (c) The name and post-office address of the applicant and of the 
person, if any, making the application as agent;
    (d) The financial interest of the applicant in the tobacco;
    (e) The exact nature of the service desired as (1) inspection, (2) 
inspection and sealing packages, (3) sampling, or (4) weighing;
    (f) A statement that the tobacco (1) is in commerce, as defined in 
the act, or (2) is to be inspected, sampled, or weighed in connection 
with its entering such commerce;
    (g) If the tobacco has been officially inspected, sampled, or 
weighed previously, the application must have the previous certificate 
attached, or show with respect to such previous service (1) by whom, (2) 
the date, (3) previous determinations as certificated;
    (h) The reason for requesting reinspection, resampling, or 
reweighing; and
    (i) Such other necessary information as the Director may require.



Sec.  29.61  When application deemed filed.

    An application shall be deemed filed when delivered to the Division, 
the office of inspection, or according to the nature of the service 
requested, to an official inspector, sampler, or weigher. When an 
application is filed, the date and time of filing shall be recorded by 
the official receiving it.



Sec.  29.62  When application may be rejected.

    An application may be rejected (a) for noncompliance with the Act or 
the regulations in this subpart, or (b) when it is not practicable to 
provide the service. All expenses incurred in connection with an 
application rejected for noncompliance with the Act or the regulations 
in this subpart shall be paid by the applicant as provided in Sec.  
29.124.



Sec.  29.63  When application may be withdrawn.

    An application may be withdrawn at any time before the requested 
service is rendered upon payment of expenses incurred in connection 
therewith as provided in Sec.  29.124.



Sec.  29.64  Authority of agent.

    Proof of authority of any person making an application as agent may 
be required in the discretion of the official receiving the application.



Sec.  29.65  Accessibility of tobacco.

    All tobacco to be inspected, sampled, or weighed upon application 
shall be made accessible by the applicant for proper examination, 
including any necessary display in proper light for determination of 
grade or other characteristics or for drawing of samples. In the case of 
tobacco in packages, the coverings shall be removed by the applicant in 
such manner as may be prescribed by the inspector, sampler, or weigher.

[[Page 69]]



Sec.  29.66  Certificates.

    (a) Forms. Each certificate issued under this regulation shall (1) 
show that it was issued under The Tobacco Inspection Act; (2) be in a 
form approved for the purpose by the Director and (3) embody within its 
written or printed terms, with respect to the particular kind of 
service, all applicable information required by paragraphs (b), (c), 
(d), (e), and (f) of this section. Each certificate may also contain any 
information, not inconsistent with the act and the regulations in this 
subpart, as may be approved or required by the Director. The Director 
may, in his discretion, specify or limit the period in which a 
certificate shall be valid.
    (b) Inspection certificate. Each inspection certificate shall show 
(1) the caption ``Tobacco Inspection Certificate''; (2) whether it is an 
original, first, second, or other copy; (3) the number of the 
certificate; (4) the identification number and private identification 
marks on the lot; (5) the date and number of the official sample, if 
any; (6) the location of the tobacco at the time of inspection or 
sampling; (7) the date of inspection; (8) the type and grade of the 
tobacco; (9) the kind of lot or package; and (10) the signature of the 
official inspector; also such additional information as may be required 
by the Director. An inspection certificate covering a package of tobacco 
shall also show the form and condition of the tobacco.
    (c) Sample inspection certificate. Each sample inspection 
certificate shall carry the caption ``Tobacco Sample Inspection 
Certificate'' and shall otherwise comply with the requirements of an 
inspection certificate, and in addition include a clearly worded 
statement that the type, grade, or other tobacco characteristics, shown 
therein, apply only to the tobacco contained in the sample inspected.
    (d) Weight certificate. Each weight certificate shall show (1) the 
caption ``Tobacco Weight Certificate''; (2) whether it is an original, 
first, second, or other copy; (3) the number of the certificate; (4) the 
identification number or private identification marks on the lot; (5) 
the location of the tobacco at the time of weighing; (6) the date of 
weighing; (7) the weight of each lot; (8) the kind of lot or package; 
and (9) the signature of the official weigher.
    (e) Official sample tag. Each official sample drawn and prepared 
shall have attached thereto, a certificate or tag showing (1) the 
caption ``Official Tobacco Sample''; (2) the date of sampling; (3) the 
location of the tobacco at the time of sampling; (4) the kind of lot or 
package; (5) the condition of the tobacco; (6) the identification number 
and private identification marks on the lot; and (7) when a lot is found 
to be damaged, nested, or in doubtful keeping order, a statement of such 
fact.
    (f) Combination certificate. A combination certificate of inspection 
and weight may be issued under the Act, if such certificate carries the 
caption ``Tobacco Inspection and Weight Certificate'' and otherwise 
meets all of the requirements of paragraphs (b) and (d) of this section.



Sec.  29.67  Disposition of certificates.

    When a certificate of inspection or weight is issued under the Act 
upon the request of an interested party, the original certificate and 
one copy shall be delivered or mailed to the applicant or a person 
designated by him, and one copy shall be mailed or delivered to the 
Division or local office of inspection. Charges may be made for 
additional copies furnished the interested party upon request as 
provided in Sec.  29.128.



Sec.  29.68  Advance information.

    Upon the request of an applicant for whom tobacco has been 
inspected, sampled, or weighed and certificated under the Act, all or 
any part of the contents of such certificate may be tel- egraphed or 
telephoned to him as his expense. Information relative to grade or other 
determinations contained or to be contained in a certificate shall not 
be divulged by an inspector, sampler, or weigher to any person other 
than an interested party or his agent without the approval of the 
Director, and such information shall not be furnished an interested 
party before the certificate is issued.



Sec.  29.69  Weighing apparatus.

    A scale used for determination of weight to be certificated under 
the Act

[[Page 70]]

shall be subject to examination for accuracy according to the 
regulations of the State or municipality in which located. No 
disapproved scale shall be used to determine weight of tobacco for the 
purposes of the Act and the regulations in this subpart.

                          mandatory inspection



Sec.  29.71  Mandatory inspection.

    Mandatory inspection consists of:
    (a) Inspecting and certifying tobacco under the Act on designated 
markets before it is offered for sale at auction; or
    (b) Inspecting and certifying tobacco at receiving stations under 
the Appropriations Act at the time the tobacco is delivered for sale.

[67 FR 36080, May 23, 2002]



Sec.  29.72  Where mandatory inspection is required.

    (a) Auction. All tobacco offered for sale at auction on a market 
designated in accordance with the Act and Sec.  29.73 shall be inspected 
and certificated under the Act upon the date specified by the Secretary 
in public notice of such designation, and thereafter, except when the 
requirement of such inspection and certification is temporarily 
suspended by the Deputy Administrator in accordance with the Act and the 
regulations in this subpart.
    (b) Other. Tobacco of the kinds specified below offered for sale by 
the producers thereof at receiving stations shall be inspected and 
certificated under the Appropriations Act at the time of delivery and 
prior to change of ownership. The specified kinds are flue-cured 
tobacco, types 11, 12, 13, and 14; burley tobacco, type 31; Kentucky-
Tennessee fire-cured tobacco, types 22 and 23; Virginia fire-cured 
tobacco, type 21; Virginia sun-cured tobacco, type 37; and dark air-
cured tobacco, types 35 and 36.

[67 FR 36080, May 23, 2002]



Sec.  29.73  Designation of markets; termination of designation.

    An auction market where tobacco bought or sold thereon at auction or 
the products customarily manufactured therefrom move in commerce may be 
designated under the Act by the Secretary after the Director has advised 
the Secretary that two-thirds of the growers voting in the referendum 
held in accordance with Sec.  29.74 favored the designation of such 
market. When a market is designated by the Secretary, he shall give 
public notice of the fact and in such public notice he shall specify the 
date on which the requirement of inspection and certification of tobacco 
sold at auction on such market shall become effective. The Director may 
temporarily suspend the requirement of inspection and certification on a 
designated market when it is found impracticable to provide such 
services because competent inspectors are not obtainable or because the 
quantity of tobacco available for inspection is insufficient to justify 
the cost of such service. A designation shall terminate automatically at 
the end of any two consecutive marketing seasons during which a 
designated market does not conduct any sales of tobacco at auction. A 
market whose designation is terminated under this section shall be 
considered as a new market, as defined in Sec.  29.1, and any future 
application for services shall be filed and determined in accordance 
with the provisions of Sec. Sec.  29.3 and 29.2.

[38 FR 27599, Oct. 5, 1973]



Sec.  29.74  Growers' referendum.

    (a) Method of conducting. Any referendum held as provided in section 
5 of the Act shall be conducted by the Division in accordance with this 
section. The Director shall determine (1) the market or group of markets 
to be covered by a referendum; (2) when a referendum is to be held; and 
(3) the period during which growers, entitled to vote therein, may cast 
their ballots. When a referendum is held for a group of markets, the 
result of such referendum may be construed to apply either individually 
or collectively to such markets. Before holding a referendum, the 
Division shall establish from the records of the collectors of internal 
revenue for the preceding marketing season, or in the absence of such 
records then from such other reliable sources of information as are 
available, a list showing the names of all growers

[[Page 71]]

who are entitled to vote in the referendum, and from the list so 
established the eligibility of growers to vote in a referendum shall be 
determined by the Division: Provided, That if a grower, whose name 
appears on such lists for two or more markets selling the same class of 
tobacco, votes in one referendum for a market selling such type, he 
shall not be eligible to vote in a referendum for any other market 
selling such type. If no growers sold tobacco at auction on a proposed 
new market during the preceding marketing season, then the list of 
growers entitled to vote in the referendum shall be comprised of the 
growers residing in the county where the pRoposed new market is located 
and in the adjacent counties.
    (b) Form of ballot. Ballots to be used for voting in a referendum 
held under the Act shall be in a form approved for the purpose by the 
Director.
    (c) Distribution of ballots. Ballots to be used by growers in a 
referendum under the act may be distributed by mail or otherwise as the 
Director may select. The Director may establish and publish a list of 
voting places for the purpose of any referendum and distribute ballots 
therefrom. When ballots are not mailed directly to growers who are 
entitled to vote, insofar as their addresses are known, the Director 
shall announce the voting places at which ballots can be secured, and 
copies of such announcement shall be given to the press and mailed, for 
posting and distribution, to the post offices of the market or group of 
markets covered by the referendum and to post offices in the vicinity of 
such markets or group of markets. Any explanatory statement with 
reference to a referendum, provisions of the Act and these regulations, 
or the operation and benefits of the services authorized by the act may 
be attached to or supplied with ballots.
    (d) Filing and tabulation of votes. Each ballot, when filled in and 
signed by a grower entitled to vote in a referendum, shall be mailed or 
delivered by him as specified in the ballot. Persons authorized by the 
Director to receive votes in any referendum shall promptly file all 
votes received or collected by them with the Division. All ballots filed 
in a referendum shall be examined to verify the eligibility of the voter 
and the Director shall have compiled the result of the referendum and 
furnish the Secretary a statement showing whether or not two-thirds of 
the growers voting favored the designation of the market or group of 
markets covered by the referendum. In verifying votes, ballots which do 
not show the desire of the voter, or ballots which are defective or 
illegible, or ballots on which the signature or other identification 
does not correspond with the established list shall not be counted. The 
choice of any individual voter shall not be divulged by any official of 
the Division, except to the Secretary when requested. Votes, ballots, 
and other documents pertaining to a referendum shall be preserved in the 
Division for a period of 2 years from the closing date of such 
referendum, and may be destroyed thereafter.

[13 FR 9474, Dec. 31, 1948; 19 FR 57, Jan. 6, 1954, as amended at 55 FR 
21738, May 29, 1990]



Sec.  29.74a  Producer referenda on mandatory grading.

    (a)(1) Method of conducting. Referenda shall be conducted among 
producers who were engaged in the production of the following types of 
tobacco harvested in the immediately preceding crop year: flue-cured 
tobacco, types 11, 12, 13, 14; Kentucky-Tennessee fire-cured tobacco, 
types 22 and 23; Virginia fire-cured tobacco, type 21; Virginia sun-
cured tobacco, type 37; dark air-cured tobacco, types 35 and 36; burley 
tobacco, type 31; and cigar filler and binder tobacco, types 42, 43, 53, 
54, and 55. A referendum will be conducted for each kind of tobacco and 
the results will apply to each individual kind. A producer is eligible 
to vote in referenda for each kind of tobacco they produce.
    (2) Farmers engaged in the production of tobacco. For purposes of 
the referenda, persons engaged in the production of tobacco includes any 
person who is entitled to share in a crop of the tobacco or the proceeds 
thereof because he or she shares in the risks of production of the crop 
as an owner, landlord, tenant, or sharecropper (a landlord whose return 
from the crop is fixed regardless of the amount of the crop produced is 
excluded) on a farm on which such crop is planted in a workmanlike

[[Page 72]]

manner for harvest: Provided, That any failure to harvest the crop 
because of conditions beyond the control of such person shall not affect 
his or her status as a person engaged in the production of the crop. In 
addition, persons engaged in the production of tobacco also includes 
each person who it is determined would have had an interest as a 
producer in the crop on a farm for which a farm allotment under the 
quota program (7 CFR part 723, subpart B) for the crop was established 
and no acreage of the crop was planted but an acreage of the crop was 
regarded as planted for history acreage purposes under the applicable 
Farm Service Agency commodity regulations of the Department of 
Agriculture.
    (3) One vote limitation. Each person eligible to vote in a 
particular referendum shall be entitled to only one vote in such 
referendum regardless of the number of farms in which such person is 
interested or the number of communities, counties, or States in which 
farms are located in which farms such person is interested: Provided, 
That:
    (i) The individual members of a partnership shall each be entitled 
to one vote, but the partnership as an entity shall not be entitled to 
vote;
    (ii) An individual eligible voter shall be entitled to one vote even 
though he or she is interested in an entity (including but not limited 
to a corporation) which entity is also eligible to vote;
    (iii) A person shall also be entitled to vote in each instance of 
his or her capacity as a fiduciary (including but not limited to a 
guardian, administrator, executor or trustee) if in such fiduciary 
capacity he or she is eligible to vote but the person for whom he or she 
acts as a fiduciary shall not be eligible to vote.
    (4) Joint and family interest. Where several persons, such as 
members of a family, have participated or will participate in the 
production of tobacco under the same lease or cropping agreement, only 
the person or persons who signed the lease or agreement, or agreed to an 
oral lease or agreement, shall be eligible to vote. Where two or more 
persons have produced or will produce tobacco as joint tenants, tenants 
in common, or owners of community property, each such person shall be 
entitled to one vote if otherwise eligible. The eligibility of one 
spouse does not affect the eligibility of the other spouse.
    (5) Minors. A minor shall be entitled to one vote if he or she is 
otherwise eligible and is 18 years of age or older when he or she votes.
    (6) Interpretation. In the case of tobacco on a farm where no 
acreage of tobacco is actually planted but an acreage of the commodity 
is regarded as planted under applicable regulations of the Department of 
Agriculture, persons on the farm who it is determined would have had an 
interest in the commodity as a producer if an acreage of the commodity 
had been actually planted shall be eligible to vote in the referendum.
    (b) Referenda procedures. See part 717 of chapter VII of this title 
for eligibility criteria and the procedures to be used in carrying out 
mandatory grading referenda. Where not inconsistent with this part, the 
definitions contained in parts 717, 718 and 723 of this title will 
govern administration of these referenda. A copy of the regulations in 
parts 717, 718, and 723 of this title, a referendum ballot, and voting 
procedures are available for review in any USDA Service Center.

[67 FR 9896, Mar. 5, 2002]



Sec.  29.75  Accessibility of tobacco.

    (a) All tobacco subject to mandatory inspection shall be made 
readily accessible for inspection.
    (b)(1) Each warehouse operator shall block off in his warehouse 
adequate space for each basket of flue-cured tobacco offered for sale on 
the auction market, and shall prominently number each 10th basket space. 
The blocking and numbering arrangement shall follow the order of sale; 
that is, down one row and back on the adjacent row.
    (2) Each warehouse shall display a plainly visible sign with the 
total number of baskets of flue-cured tobacco allotted to be sold each 
day. Each warehouse operator shall designate to the inspector the number 
of the starting space for each day's sale and grading will begin at this 
designated space. All spaces, whether empty or full, shall be

[[Page 73]]

counted. No tobacco will be graded beyond the numbered space 
corresponding with the number of baskets allotted for each day's sale. 
The grading shall proceed from the beginning point of the sale to the 
closing point of the sale in an orderly sequence. An inspector shall not 
go back and grade any basket of tobacco placed in a space which was 
empty when grading for the day's sales passed such sales space.
    (c) Before starting inspection of the day's sale of flue-cured 
tobacco in each warehouse, the head grader or market supervisor grader 
shall determine if there is compliance with the requirements of 
paragraph (b) of this section. If he determines that the prescribed 
system has not been followed, the inspectors shall proceed to the next 
scheduled warehouse and shall return to the noncomplying warehouse on 
the next sales day for such warehouse when the head grader or market 
supervisor grader shall again determine if the prescribed system has 
been followed before starting the inspection.
    (d) A reduction in daily sales for any warehouse resulting from 
noncompliance with this section, including empty spaces, shall not 
prevent the maximum number of baskets allotted per day per set of buyers 
from being sold in the market.
    (e) Each receiving station operator shall make tobacco accessible to 
the inspector for proper examination including any necessary display in 
adequate light for determination of grade, class, type, or other 
characteristics.

[13 FR 9477, Dec. 31, 1948; 19 FR 57, Jan. 6, 1954, as amended at 28 FR 
6211, June 18, 1963; 67 FR 36081, May 23, 2002]



Sec.  29.75a  Display of burley tobacco on auction warehouse floors 
in designated markets.

    (a)(1) Each lot of burley tobacco displayed for sale on auction 
warehouse floors shall have a minimum space of 24 inches from butts to 
butts between the rows. Distances between lots of tobacco within the row 
shall be no less than 8 inches between immediately adjacent lots.
    (2) The number of bales on a pallet shall not exceed eight. Tobacco 
packed in bales shall have the stems turned toward the aisle.
    (3) Each warehouse operator shall display a plainly visible sign 
showing the total number of lots of burley tobacco allotted to be sold 
each day. Such sign shall be displayed at the point of lots where the 
days' sales will conclude and no additional tobacco shall be graded 
beyond that point.
    (4) Each warehouse operator shall arrange his entire day's sale in a 
continuous and orderly arrayed sequence of lots and rows of tobacco. Any 
arrangement of tobacco in rows of progressively varying lengths, or any 
deviations from an orderly arrayed sequence of lots and rows of tobacco, 
shall have prior approval of the Set Work Leader or Circuit Supervisor.
    (5) Each warehouse operator shall designate to the Set Work Leader 
or Circuit Supervisor the starting point or lot for each day's sale, and 
counting and grading will begin at this designated point and proceed to 
the closing point of the sale in an orderly sequence. All lot spaces, 
containing or not containing a lot of tobacco, and all lots of tobacco, 
covered or uncovered, shall be counted and included in the daily sales 
allotment. Lots of tobacco shall not be removed, added, rearranged, or 
substituted between the time they are counted for the day's sale and the 
time they are graded for the day's sale, provided, however, that with 
prior approval of the Set Work Leader or Circuit Supervisor compensating 
lots of tobacco may be substituted for empty spaces and covered lots 
included in a daily sales count.
    (6) Each operator of a warehouse at which baled burley tobacco is 
offered for sale shall open the particular bale, in a lot of tobacco, 
chosen by a grader for inspection and reseal that bale after inspection.
    (7) Each seller, by offering burley tobacco for sale, certifies that 
the lot inspected by a grader is representative of the grade of all the 
tobacco in that lot, that the leaf was stalk-cured, that the bales do 
not contain any foreign matter or material, and are not nested.
    (b) Before starting inspection of the day's sale of burley tobacco 
in each warehouse, the Set Work Leader or Circuit Supervisor shall 
determine if there is compliance with the requirements of paragraph (a) 
of this section.

[[Page 74]]

If he determines that the prescribed requirements have not been 
followed, the inspector shall proceed to the next sale or sales as 
originally scheduled for that day and grade the number of lots of 
tobacco scheduled for such sale or sales, and shall return to the 
noncomplying warehouse on the next regularly scheduled sales day for 
such warehouse, at which time the Set Work Leader or Circuit Supervisor 
shall again determine if the prescribed system has been followed before 
starting the inspection. If noncompliance or failure to observe 
requirements of paragraph (a) of this section are discovered after 
inspection for the day's sale has started, the inspector shall 
discontinue inspection and proceed to the next sale or sales scheduled 
for that day and shall return to the noncomplying warehouse on the next 
regularly scheduled sales day for such warehouse.
    (c) The provisions of this section shall not preclude the 
application of other administrative remedies or the institution of 
criminal proceedings in appropriate cases as provided by the Act.

[30 FR 12627, Oct. 2, 1965, as amended at 47 FR 51721, Nov. 17, 1982; 56 
FR 31534, July 11, 1991]



Sec.  29.75b  Display of baled flue-cured tobacco on auction warehouse 
floors in designated markets.

    Each lot of baled flue-cured tobacco displayed for sale on auction 
warehouse floors shall have a minimum of 30 inches from side to side 
between rows with the open side of the bale facing the aisles. Distance 
between lots of baled tobacco within the row shall be no less than 18 
inches between immediately adjacent lots.

[65 FR 46086, July 27, 2000]



Sec.  29.75c  Display of tobacco at receiving stations.

    Each lot of tobacco delivered for sale at receiving stations and 
transferred to a conveyor system for unloading shall maintain a distance 
between adjacent lots of not less than 18 inches during the inspection 
process. The platform area used for examination with a conveyor system 
shall be a minimum of 4 x 4 feet. Any lots of tobacco displayed in a 
manner other than a conveyor system shall maintain a minimum clearance 
of 18 inches on all sides. If the tobacco is inspected or graded by the 
recipient, it shall be made available for mandatory inspection at the 
same time and location within the receiving station.

[67 FR 36081, May 23, 2002]



Sec.  29.76  Mandatory inspection ticket.

    A mandatory inspection ticket shall consist of a Tobacco Inspection 
Certificate made and issued in combination with an auction warehouse 
ticket in a form approved by the Director.



Sec.  29.77  Warehousemen to provide tickets.

    A mandatory inspection ticket, in the form required by Sec.  29.76 
shall be provided by each auction warehouseman on a designated market to 
cover each lot of tobacco offered for sale at auction by him on such 
market.



Sec.  29.78  Changes or alterations.

    No change or alteration shall be made, in the weight or other 
identification of the lot, on a mandatory inspection ticket after the 
certification of type and grade by an official inspector, and any such 
change or alteration shall constitute and be construed as a change or 
alteration in the certificate issued or authorized under the Act.



Sec.  29.79  Disposition of ticket.

    One copy of the mandatory inspection ticket shall be attached to, or 
placed on, the tobacco certificated as a further identification of the 
lot and all copies of such ticket shall become null and void when such 
identifying copy is removed from the lot. When and as requested by the 
Director, one copy of such ticket, showing (a) the certification of type 
and grade; (b) the weight and other identification; and (c) the details 
of the sale at auction, shall be delivered by the warehouseman to the 
Division or the head inspector of the market.



Sec.  29.80  Announcing grades.

    The grade of each lot of tobacco as certified by an official 
inspector on a designated market shall be clearly announced by the 
warehouseman or his

[[Page 75]]

representative at the time the lot is offered in the auction: Provided, 
That the Director may waive the requirement of announcing grades in the 
auction if he finds it impractical for the warehouseman to render this 
service.



Sec.  29.81  Interference with inspectors.

    (a) Auction. (1) No person, including the owner, producer, 
warehouseman, purchaser, agent, or employee thereof shall attempt, in 
any manner, to influence an inspector with respect to the grade 
designation of tobacco, or impede, in any manner, an inspector while the 
inspector is in the process of grading tobacco on the warehouse auction 
floor, or ask any question or discuss any matter pertaining to the 
grading of tobacco while the inspector is grading any tobacco on the 
warehouse auction floor. While inspectors are engaged in grading the 
day's sale, all requests for information concerning the grade 
designation on or requests to review the grade of any lot of tobacco 
shall be made only to the head grader or to the market supervisor 
grader.
    (2) In the event that the head grader or market supervisor grader 
determines that a person has violated any provision of this section, 
inspection ticket(s) if already issued on the lot(s) of unsold tobacco 
involved shall be null and void and no further inspection shall be 
performed on such lot(s) offered for sale by the warehouseman in whose 
premises the violation occurred until the next regularly-scheduled sale 
for such warehouse: Provided, That if violation consists of talking to 
the inspector while he/she is grading the tobacco, a warning shall be 
given on first offense and penalty provisions shall apply on any 
subsequent offense. A reduction in daily sales for any warehouse 
resulting from a violation of this section shall not prevent the maximum 
number of lots or pounds allotted per day per set of buyers from being 
sold in a designated market.
    (b) Other. No person, including the owner, producer, receiving 
station operator, purchaser, agent, or employee thereof shall attempt, 
in any manner, to influence an inspector with respect to the grade 
designation of tobacco, or impede, in any manner, an inspector while the 
inspector is in the process of grading tobacco.
    (c) Administrative remedies. The provisions of this section shall 
not preclude the application of other administrative remedies or the 
institution of criminal proceedings in appropriate cases as provided by 
the Act.

[67 FR 36081, May 23, 2002]

                                 appeal



Sec.  29.90  When appeal may be taken.

    Whenever an interested party believes that a certificate issued or a 
sample prepared under the act is not correct he may file an appeal: 
Provided, That (a) the period for which such certificate was issued or 
sample was prepared, if any specified, has not expired; (b) all tobacco 
covered by such certificate or sample is accessible to an appeal 
inspector for making a proper reinspection, resampling, or reweighing, 
and can be definitely identified by him as the tobacco covered by such 
certificate or sample; and (c) the tobacco has not deteriorated or 
undergone any material change.



Sec.  29.91  How to obtain an appeal.

    An appeal shall be made in writing and filed with the Division or 
the office of inspection for the type of tobacco involved. Such appeal 
shall show:
    (a) The date; (b) the name and post office address of the appellant 
and of the person, if any, making the appeal in his behalf; (c) the 
financial interest of the appellant in the tobacco; (d) the reasons for 
making the appeal; and such other information as may be required by the 
Director. The appeal shall be accompanied by the certificate or sample 
from which the appeal is taken, unless such requirement is waived by the 
Division when it is impracticable for the appellant to furnish such 
certificate. The appeal inspector may require the appellant to furnish 
any other relevant and necessary information for the proper 
consideration of the appeal.



Sec.  29.92  Record of filing time.

    When an appeal is filed, the date and time of filing shall be 
recorded by the officer receiving it.

[[Page 76]]



Sec.  29.93  When appeal may be refused.

    If it shall appear that the reasons stated in an appeal are 
frivolous or unsubstantial or that the act or this subpart have not been 
complied with, the appeal may be denied or dismissed. When an appeal is 
denied or dismissed, the appeal inspector shall (a) notify the appellant 
by telegraph or in writing giving the reason for such denial or 
dismissal; (b) mail a copy of such notification to the Division; and (c) 
return or release to the appellant, or other person designated by him, 
any certificate or sample which was filed with the appeal. All expenses 
incurred in connection with an appeal prior to its refusal or dismissal 
shall be paid by the appellant, as provided in Sec.  29.126.



Sec.  29.94  When appeal may be withdrawn.

    An appeal may be withdrawn by the appellant at any time before an 
appeal certificate is issued or an appeal sample is prepared, upon the 
payment of any expenses incurred in connection with the appeal as 
provided in Sec.  29.126.



Sec.  29.95  Review or second inspection not an appeal.

    A review or investigation made in accordance with Sec.  29.132, or a 
second inspection, sampling, or weighing made upon the request of an 
interested party for the purpose of securing new or later information 
when the correctness of an old certificate or sample is not questioned, 
shall not be considered an appeal.



Sec.  29.96  Order in which made.

    Appeals shall be heard and passed upon, so far as practicable, in 
the order in which they are filed.



Sec.  29.97  Who shall pass upon appeals.

    Appeals shall be passed upon by an appeal inspector designated for 
the purpose by the Director. When authorized, by the Director, two or 
more appeal inspectors may jointly pass upon an appeal. The Division may 
authorize an inspector, supervising inspector, or other person to act as 
an appeal inspector, but no appeal inspector shall pass upon an appeal 
involving the correctness of a certificate issued or sample prepared by 
him.



Sec.  29.98  Appeal findings.

    Immediately after an appeal has been heard and the tobacco involved 
therein has been reexamined, an appeal certificate shall be issued or an 
appeal sample prepared by the appeal inspector. Such certificate or 
sample shall show the finding of the appeal inspector and shall be 
labeled ``Appeal Certificate'' or ``Appeal Sample'', as the case may be, 
over the signature of the appeal inspector. An appeal certificate or 
sample shall supersede all other certificates or samples for the same 
lot of tobacco and shall refer specifically to the certificate or sample 
from which the appeal was made. In all other respects the provisions of 
this subpart relative to certificates or samples shall apply to an 
appeal certificate or sample. The findings of the appeal inspector as 
certificated shall be final, unless the Director shall direct a review 
of such findings.



Sec.  29.99  Superseded certificate or sample.

    When superseded under this subpart by an appeal certificate or an 
appeal sample, such superseded certificate or sample shall become null 
and void and shall not thereafter be used to represent the tobacco 
described therein. If the original and the copies of the old certificate 
were not delivered to the appeal inspector for cancellation, the appeal 
inspector shall notify such persons or firms as he may consider 
necessary to prevent fraudulent use of any such null and void 
certificate.

                   inspectors, samplers, and weighers



Sec.  29.106  Who may be employed, licensed, or authorized.

    Any persons who is not financially interested directly or indirectly 
in merchandising tobacco, except as a grower or except in disposing of 
tobacco previously acquired, and who has demonstrated his competency may 
be employed, licensed, or authorized to inspect, sample, or weigh 
tobacco. Licenses issued by the Secretary shall be countersigned by a 
supervising official of the Division. Licenses to inspect or to sample 
shall specify the type or types of tobacco which the licensee is 
authorized to inspect or sample.

[[Page 77]]



Sec.  29.107  Order of providing service.

    When tobacco is to be inspected, sampled, or weighed upon request, 
such services shall be rendered as far as practicable in the order in 
which applications were received. In conducting mandatory inspection, 
the inspection shall start at the beginning of the ``break'' in the 
auction warehouse where the sale is scheduled to start and the 
inspection shall continue in the order of sale on each warehouse floor 
and from warehouse to warehouse.



Sec.  29.108  Certificate issuance.

    A certificate shall be issued as soon as practicable after any 
tobacco has been inspected or weighed for the purpose of the Act. A 
separate certificate shall be issued for each lot of tobacco inspected 
or weighed, except when a certificate covering two or more lots is 
specifically authorized by the Director. In case of a lost or destroyed 
certificate, a duplicate thereof may be issued under the same number, 
date, and name by an authorized supervising official. Any such duplicate 
certificate shall be plainly marked ``Duplicate'' above the signature of 
the supervising official who issued it.



Sec.  29.109  Inspection determinations.

    The determination of type, grade, size, form, condition, or other 
tobacco characteristics shall be based upon a thorough examination of 
the lot of tobacco to be certificated or an official sample of such lot. 
The certification of a lot of tobacco shall be a true representation of 
the lot, or of the official sample, at the time of inspection.



Sec.  29.110  Method of sampling.

    In sampling tobacco under the Act, at least three breaks shall be 
made at different points in the lot, and in the discretion of the 
sampler as many more breaks shall be made as seem necessary to show the 
range of the entire lot. From the breaks so made tobacco to be used in 
the official sample shall be selected. The official shall, so far as 
practicable, include tobacco of each quality, color, length, and other 
characteristics found in the lot in such proportions as would truly 
represent the lot. In case a lot is found to be damaged, nested, or in 
doubtful keeping order, the official sample tag shall be so marked. 
Official sample tags shall be attached to the sample, in a manner 
prescribed by the Director.



Sec.  29.111  Weight determinations.

    Daily before weighing any tobacco for the purposes of the Act, a 
weigher shall verify the accuracy of the scales to be used by him. 
Except as may be otherwise specified by the Director, all weights 
certificated shall be within an accuracy of 1 pound.



Sec.  29.112  Proper light.

    Tobacco shall not be inspected or sampled for the purposes of the 
Act except when displayed in proper light for correct determination of 
grade or other characteristics of tobacco. No tobacco shall be inspected 
or sampled for the purposes of the Act in the direct rays of the sun or 
by any artificial light which does not permit the inspector correctly to 
determine the grade or other characteristics of tobacco.



Sec.  29.113  Suspension and termination.

    The license of an inspector, sampler, or weigher may be suspended, 
pending final action by the Secretary, by any official authorized to 
countersign licenses whenever he considers such action to be for the 
best interest of the service. The designation of an appeal inspector may 
be withdrawn at any time by the Division. Before the license of an 
inspector, sampler, or weigher is terminated or revoked pursuant to the 
Act and the regulations in this subpart, such appointee or licensee 
shall be furnished by the Secretary, or his designated representative, 
with a written statement specifying the charges, and within 7 days after 
his suspension, the licensee may file an appeal in writing with the 
Secretary supported by any evidence he may wish to offer in connection 
therewith.

                            fees and charges



Sec.  29.123  Fees and charges.

    Fees and charges for tobacco inspection and certification service 
shall be collected by the Director to cover, insofar as practicable, all 
costs of the services, including establishment of

[[Page 78]]

standards, administrative, and supervisory costs, as follows:
    (a) Mandatory inspection. For each year, AMS will calculate the rate 
for services, per hour per program employee as described in Sec.  
29.123(b) and (c). The fee shall be paid by sellers of tobacco and 
assessed against the warehouse or receiving station operator 
irrespective of ownership or interest in the tobacco. When the warehouse 
or receiving station operator pays the Department, it is presumed the 
fee was collected from the seller. Inspection and related services shall 
be suspended or denied if the warehouse or receiving station operator 
fails to pay the fees and charges imposed under this section. The fee 
shall be based on total poundage of tobacco inspected and sold during 
each calendar month. The fee shall be due and payable on the first day 
of the immediately following month and on the day immediately following 
the last sale each marketing year. Mandatory inspection and 
certification services shall take precedence over permissive 
inspections, other than reinspections.
    (b) Domestic permissive inspection and certification--(1) Regular 
rate. The total AMS grading, inspection, or sampling program personnel 
direct pay divided by direct hours, which is then multiplied by the next 
year's percentage of cost of living increase, plus the benefits rate, 
plus the operating rate, plus the allowance for bad debt rate. If 
applicable, travel expenses may also be added to the cost of providing 
the service.
    (2) Overtime rate. The total AMS grading, inspection, or sampling 
program personnel direct pay divided by direct hours, which is then 
multiplied by the next year's percentage of cost of living increase and 
then multiplied by 1.5 plus the benefits rate, plus the operating rate, 
plus an allowance for bad debt. If applicable, travel expenses may also 
be added to the cost of providing the service.
    (3) Holiday rate. The total AMS grading, inspection, or sampling 
program personnel direct pay divided by direct hours which is then 
multiplied by the next year's percentage of cost of living increase and 
then multiplied by 2, plus benefits rate, plus the operating rate, plus 
an allowance for bad debt. If applicable, travel expenses may also be 
added to the cost of providing the service.
    (4) Applicability. The fees in paragraphs (b)(1) through (3) of this 
section shall be applicable for hogshead, bale cases, or sample 
inspections.
    (c)(1) For each calendar year, based on previous fiscal year/
historical actual costs, AMS will calculate the benefits, operating, and 
allowance for bad debt components of the regular, overtime and holiday 
rates as follows:
    (i) Benefits rate. The total AMS grading, inspection, or sampling 
program direct benefits costs divided by the total hours (regular, 
overtime, and holiday) worked, which is then multiplied by the next 
calendar year's percentage cost of living increase. Some examples of 
direct benefits are health insurance, retirement, life insurance, and 
Thrift Savings Plan (TSP) retirement basic and matching contributions.
    (ii) Operating rate. The total AMS grading, inspection, or sampling 
program operating costs divided by total hours (regular, overtime, and 
holiday) worked, which is then multiplied by the percentage of 
inflation.
    (iii) Allowance for bad debt rate. Total AMS grading, inspection, or 
sampling program allowance for bad debt divided by total hours (regular, 
overtime, and holiday) worked.
    (2) The calendar year cost of living expenses and percentage of 
inflation factors used in the formulas in this section are based on the 
most recent Office of Management and Budget's Presidential Economic 
Assumptions.
    (d) Export permissive inspection and certification. The inspection 
and certification fee for export tobacco will be determined as described 
in Sec.  29.123(b) and (c).
    (e) Fees and charges fixed in accordance with this subpart shall be 
paid by the applicant or person obtaining the service in accordance with 
a statement rendered by the Division. A deposit to cover all, or a part 
of, fees and charges for services to be rendered may be required by the 
Division. Fees for services rendered shall be remitted by check or draft 
made payable to ``Agricultural Marketing Service'', United States 
Department of Agriculture.

[[Page 79]]

    (f) Fees for special tests and services will be determined by 
agreement between the Deputy Administrator, Tobacco Programs, and the 
applicant or applicants for service.

[46 FR 62393, Dec. 24, 1981]

    Editorial Note: For Federal Register citations affecting Sec.  
29.123, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.



Sec.  29.124  When application rejected or withdrawn.

    When an application for inspection, sampling, or weighing is 
rejected in accordance with Sec.  29.62, or withdrawn in accordance with 
Sec.  29.63, the applicant may be required to pay a reasonable charge 
for the time used by an inspector, sampler, or weigher, and other 
expenses incurred in connection with such application prior to its 
rejection or withdrawal.



Sec.  29.125  Charge for appeals.

    A charge of $5 shall be made for each appeal filed under Sec.  29.90 
and the fee for an appeal inspection, sampling, or weighing shall equal 
the fee for the original inspection, sampling, or weighing from which 
the appeal is taken, plus any charges for travel or other expenses 
incurred in hearing the appeal: Provided, That when a material error in 
the certificate or sample from which the appeal is taken is found by the 
appeal inspector the charge and fee shall be waived.

[13 FR 9474, Dec. 31, 1948; 19 FR 57, Jan. 6, 1954, as amended at 46 FR 
62394, Dec. 24, 1981]



Sec.  29.126  When appeal refused or withdrawn.

    When an appeal is refused in accordance with Sec.  29.93 or 
withdrawn in accordance with Sec.  29.94, the appellant may be required 
to pay a reasonable charge for the time used by the appeal inspector and 
other expenses incurred in connection with such appeal prior to its 
denial, dismissal, or withdrawal.



Sec.  29.127  Demonstrations and courses of instruction.

    Charges, not in excess of the cost thereof, as may be approved by 
the Director, may be made for demonstrations, samples, or courses of 
instruction when such are furnished upon request.

[46 FR 62394, Dec. 24, 1981]



Sec.  29.128  For certificates.

    A charge may be made, in the discretion of the Director, for copies 
of certificates other than those required to be distributed in Sec.  
29.67, and for the issuance of a duplicate certificate in accordance 
with Sec.  29.108.



Sec.  29.129  National Advisory Committee for Inspection Services.

    (a) To assist the Secretary in determining the level of inspection 
and related services and the fees and charges therefore, a National 
Advisory Committee of tobacco producers shall be appointed in accordance 
with the Federal Advisory Committee Act (5 U.S.C. appendix I).
    (b) The committee shall consist of 14 members and 14 alternates. 
There will be a flue-cured subcommittee, a burley subcommittee, and a 
fire and dark air-cured subcommittee.
    (c) Recommendations to the Secretary for membership on the committee 
will be received from the following organizations: One from the Georgia 
Farm Bureau, one from the South Carolina Farm Bureau, one from the 
Virginia Farm Bureau, three from the North Carolina Farm Bureau, two 
from the North Carolina Grange, one from the Tennessee Farm Bureau, 
three from the Kentucky Farm Bureau, one from the Florida, Indiana, 
Missouri, West Virginia, or Maryland Farm Bureau, and one from the 
Wisconsin or Ohio Farm Bureau.
    (d) The committee and/or subcommittees shall meet at the call of the 
Secretary.

[46 FR 62394, Dec. 24, 1981]

                              miscellaneous



Sec.  29.131  [Reserved]



Sec.  29.132  Division investigations.

    An inspector, sampler, or weigher, when authorized by the Division, 
may of his own initiative, or upon the request of an interested party, 
review for

[[Page 80]]

the purpose of verification or confirmation any tobacco which he has 
certificated, and any supervising official may review the work of any 
inspector, sampler, or weigher: Provided, That such review shall not be 
made if the ownership of the tobacco involved has changed since the date 
of certification, unless there is intimation or evidence of 
deterioration or of irregularities or fraud in connection with the 
certification or sampling. When such review discloses an error in the 
certification, the inspector, sampler, or weigher concerned, or 
supervising official shall immediately correct the error by making an 
appropriate change in the certificate or by canceling the certificate 
and issuing a new certificate in lieu thereof. Any correction made on a 
certificate shall be initialed by the issuing official or by the 
supervising official. When a new certificate is issued for a lot of 
tobacco, the old certificate and copies thereof shall become null and 
void and shall not thereafter be used to represent the tobacco described 
therein.



Sec.  29.133  Identification number.

    The Director may require the use of official identification numbers 
in connection with tobacco certificated or sampled under the Act. When 
identification numbers are required, they shall be specified by the 
Director, and shall be attached to, or stamped, printed, or stenciled 
on, the lots of tobacco certificated or sampled, in a manner specified 
by the Director.



Sec.  29.400  Inspection, certification, and testing of imported tobacco.

    (a) All tobacco offered for importation into the United States, 
including tobacco entering foreign trade zones, but excluding 
transshipped tobacco, oriental and cigar tobacco, shall be inspected for 
grade and quality. Tobacco subject to inspection shall be inspected at 
the point of entry.
    (b) All flue-cured or burley tobacco, including stems, offered for 
importation into the United States, including tobacco entering foreign 
trade zones, but excluding transshipped tobacco, shall be accompanied by 
a pesticide and end user certification completed by the importer. Any 
flue-cured or burley tobacco that is not certified as being free of 
prohibited pesticide residues shall not be permitted entry into the 
United States until the Secretary has determined that the tobacco meets 
the pesticide residue requirements in these regulations.

[49 FR 27467, July 3, 1984, as amended at 51 FR 30198, Aug. 22, 1986]



Sec.  29.401  Definitions.

    As used in Sec. Sec.  29.400 through 29.500, the words and phrases 
hereinafter defined shall have the following meanings:
    (a) Importation. Arriving within the territorial limits of the 
United States with the intent to unload.
    (b) Importer. The owner of the tobacco at the time of importation or 
the owner's successor in interest if the tobacco is sold prior to the 
completion of the requirements of Sec. Sec.  29.400 through 29.500.
    (c) Inspection certificate. An official written representation of a 
lot of tobacco made by an inspector and issued to an importer.
    (d) Invoice. A writing on behalf of the importer that is used in 
commercial transactions of tobacco for selling, purchasing, shipping, or 
consigning.
    (e) Lot. A unit of shipment of tobacco encompassed by a single 
invoice.
    (f) Package. A hogshead, carton, case, bale, or other securely 
enclosed parcel or bundle.
    (g) Packing list. A document itemizing each package covered by a 
single invoice listing, among other things, the kind of tobacco in each 
package, the net weight, and the marks and numbers identifying each 
package.
    (h) Point of entry. The place at the port of entry or foreign trade 
zone where tobacco is unloaded from a carrier or unpacked from a 
container for the purpose of warehousing, manipulation, or 
manufacturing.
    (i) Port of entry. Any place designated by Executive order of the 
President, by order of the Secretary of the Treasury, or by Act of 
Congress, at which a customs officer is authorized to accept entries of 
merchandise, to collect duties, and to enforce the various provisions of 
the Customs and Navigation Laws. The term ``port of entry'' incorporates 
the geographical area under the jurisdiction of the port director when 
such

[[Page 81]]

port is one other than a district headquarters port.
    (j) Tobacco. Tobacco between the time it is cured and stripped from 
the stalk or primed and cured, in whole leaf or unmanufactured form, and 
the time it is utilized in product manufacturing. Conditioning, 
sweating, stemming, and threshing are not considered manufacturing.
    (k) Transshipped tobacco. Tobacco that arrives within the 
territorial limits of the United States for the purpose of continuous 
transportation without being unloaded for warehousing, manipulation, or 
manufacturing, to a destination outside the territorial limits of the 
United States.
    (l) Unload. To remove from a carrier at the port of entry or at a 
foreign trade zone.
    (m) End user certification. A document issued by the Tobacco 
Division in a form approved by the Director containing a certification 
by the importer or subsequent purchaser to identify any and all end 
users of imported flue-cured or burley tobacco.
    (n) Pesticide. Any substance or mixture of substances intended for 
preventing, destroying, repelling, or mitigating any pest, and any 
substance or mixture of substances intended for use as a plant 
regulator, defoliant, or desiccant.
    (o) Pesticide certification. A document issued by the Tobacco 
Division in a form approved by the Director containing a certification 
by the importer that flue-cured and burley tobacco offered for 
importation does not exceed the maximum allowable residue levels of any 
banned pesticide.
    (p) Prohibited pesticide residue. The maximum concentration of 
residue allowable for a specific pesticide or combination of pesticides 
as set forth in Sec.  29.427.
    (q) Stems. The midribs or large central veins of tobacco leaves.
    (r) Pesticide test sample. An official sample or samples, collected 
from a lot of tobacco by the Secretary of Agriculture for analysis by a 
certified chemist to ascertain the residue levels of banned pesticides.
    (s) Sample Identification Form. A document approved by the Director 
that identifies and accompanies the sample to the testing facility on 
which the test results will be certified by a chemist in charge of 
testing.
    (t) Subsequent purchaser. Any entity that acquires ownership of 
tobacco after importation.
    (u) Testing. The chemical analysis of a pesticide test sample to 
determine levels of pesticide residues.
    (v) End user. A domestic manufacturer of cigarettes or other tobacco 
products; an entity that mixes, blends, processes, alters in any manner, 
or stores imported tobacco for export; or any individual that the 
Secretary may identify as making use of imported tobacco for the 
manufacture of tobacco products.
    (w) Reexported. Any imported tobacco not used to manufacture tobacco 
products that is subsequently exported.
    (x) Blended. Tobacco that is combined or mixed into a uniform 
product.
    (y) Leaves. Whole, undivided tobacco leaves containing lamina and 
stem.
    (z) Strips. The sides (including portions of sides) of tobacco leaf 
from which the stem has been removed or a lot of tobacco composed of 
strips.

[49 FR 27467, July 3, 1984, as amended at 51 FR 30198, Aug. 22, 1986; 54 
FR 24663, June 9, 1989]



Sec.  29.402  Advance notice.

    The importer shall notify, orally or in writing, the Raleigh 
Regional Office, USDA, AMS, Tobacco Division, P.O. Box 27846, Raleigh, 
North Carolina 27611, or the Lexington Regional Office, USDA, AMS, 
Tobacco Division, 333 Waller Avenue, Lexington, Kentucky 40504, of the 
date and location that tobacco subject to inspection under Sec.  29.400 
will be unloaded for warehousing, manipulation, or manufacturing. This 
notice shall be received at the Regional Office at least five working 
days prior to unloading the tobacco for warehousing, manipulation, or 
manufacturing.

[49 FR 27468, July 3, 1984]



Sec.  29.403  Accessibility of tobacco.

    All tobacco subject to inspection under Sec.  29.400 shall be made 
accessible by the importer for examination in a manner prescribed by the 
inspector.

[[Page 82]]

This includes providing proper lighting, removal of package coverings, 
and such other provisions as the inspector may deem necessary for 
inspection.

[49 FR 27468, July 3, 1984]



Sec.  29.404  Inspection.

    The inspector shall review each lot of tobacco through a process of 
selective sampling in sufficient detail to allow an accurate 
determination of the types and grades contained in each lot.

[49 FR 27468, July 3, 1984]



Sec.  29.405  Inspection by submitted samples.

    The Director, in lieu of onsite inspection, may approve submission 
by the importer of samples where time, geographical distance, or 
availability of inspectors prevent a timely onsite inspection, or where 
tobacco is classified as a ``temporary importation under bond'' as 
defined in 19 CFR 10.31 et seq. The importer shall certify that sampling 
was conducted in accordance with procedures approved by the Director. 
All tobacco inspected by submitted sample is subject to spot-checking at 
the discretion of the Director. Submitted samples shall be disposed of 
in a manner approved by the Director unless return of the sample is 
requested by the importer at the time of submission. Samples will only 
be returned at the importer's expense.

[49 FR 27468, July 13, 1984]



Sec.  29.406  Import inspection certificate.

    An import inspection certificate shall consist of a certificate 
issued by the Tobacco Division in a form approved by the Director. A 
certificate shall be issued to the importer as soon as practicable 
following the completion of inspection. A separate certificate shall be 
issued for each lot of tobacco. In case of a lost or destroyed 
certificate, a duplicate may be issued under the same number, date, and 
name by an authorized official. Duplicate certificates shall be plainly 
marked ``Duplicate'' above the signature of the supervising official who 
issued it.

[49 FR 27468, July 3, 1984]



Sec.  29.407  Disposition of import inspection certificate.

    The inspector shall provide the importer with the original portion 
of the certificate and forward the first copy to the Director and the 
second copy to the appropriate Regional Office. The importer shall 
retain the original inspection certificate until the lot inspected has 
been sold, manufactured into products or exported from the United 
States.

[49 FR 27468, July 3, 1984]



Sec.  29.425  Submission and disposition of pesticide residues and 
end user(s) certification.

    (a) Completion of certification: The importer shall complete a 
pesticide residue and end user(s) certification on a form approved by 
the Director for each lot of flue-cured or burley tobacco, including 
stems, offered for importation. If the importer is unable to identify 
the end user(s) or purchasers at the time of importation, an amended 
certification shall be executed within 30 days or at such time as the 
end user(s) or subsequent purchasers can be identified for any portion 
of the lot. Subsequent purchasers or end users so identified shall also 
complete an end user(s) certification until the tobacco is used in the 
manufacture of tobacco products or is reexported.
    (b) Disposition of copies: The importer shall deliver the original 
and first copy to the inspector at the time the tobacco is inspected 
under the provisions of Sec. Sec.  29.400 through 29.407. Subsequent 
purchasers or end users and importers submitting amended forms shall 
mail the original and first copy to Director, Tobacco Division, AMS, 
USDA, Washington, DC 20250.
    (c) The information collection and recordkeeping requirements 
contained in this section 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 number 0581-0056.

[51 FR 30198, Aug. 22, 1986]



Sec.  29.426  Collection of pesticide test samples.

    Any lot of tobacco not certified by the importer as being free of 
prohibited

[[Page 83]]

pesticide residues shall be sampled in sufficient detail to determine 
whether the lot conforms with the pesticide residue standards. Lots of 
imported tobacco certified by the importer shall be sampled on a random 
basis and tested to determine whether they conform with the pesticide 
residue standards.

[51 FR 30199, Aug. 22, 1986]



Sec.  29.427  Pesticide residue standards.

    The maximum concentration of residues of the following pesticides 
allowed in flue-cured or burley tobacco, expressed as parts by weight of 
the residue per one million parts by weight of the tobacco (ppm) are:

CHLORDANE........................................................    3.0
DIBROMOCHLOROPROPANE (DBCP)......................................    1.0
DICAMBA (Temporary)..............................................    5.0
ENDRIN...........................................................    0.1
ETHYLENE DIBROMIDE (EDB).........................................    0.1
FORMOTHION.......................................................    0.5
HEXACHLOROBENZENE (HCB)..........................................    0.1
METHOXYCHLOR.....................................................    0.1
TOXAPHENE........................................................    0.3
2,4-D (Temporary)................................................    5.0
2,4,5-T..........................................................    0.1
Sum of ALDRIN and DIELDRIN.......................................    0.1
Sum of CYPERMETHRIN and PERMETHRIN (Temporary)...................    3.0
Sum of DDT, TDE (DDD), and DDE...................................    0.4
Sum of HEPTACHLOR and HEPTACHLOR EPOXIDE.........................    0.1
 


[54 FR 24663, June 9, 1989; 54 FR 27855, July 3, 1989]



Sec.  29.428  Identification of sample for testing.

    Samples of imported tobacco shall be identified by the inspector on 
a form approved by the Director. The original and first two copies shall 
accompany the sample to the designated testing facility. The remaining 
copy of the identification form will be sent to the Director. Upon the 
completion of testing the designated facility will complete the form and 
mail the original and one copy to the Director and retain one copy for 
their records.

[51 FR 30199, Aug. 22, 1986]



Sec.  29.429  Disposition of imported tobacco exceeding pesticide residue standards.

    Within 10 days of the receipt of test results from pesticide test 
samples, the Director shall notify the importer or entity responsible 
for the lot of tobacco of the test results. If the test results indicate 
that the lot or any portion of the lot contains prohibited pesticide 
residues, the Director will notify the importer or entity responsible 
for the affected tobacco and the appropriate U.S. Customs officials that 
the tobacco cannot enter the United States. The importer or other entity 
shall notify the Director in writing of the methods by which the tobacco 
will be disposed of and provide 5 days advance notice of time and place 
of final disposition. The Department will monitor the disposition 
procedures to verify that the tobacco has been accurately identified as 
to lot, kind, type, and grade.

[54 FR 24663, June 9, 1989]



Sec.  29.430  Appeals.

    Appeals of test results for imported tobacco must be made in writing 
to the Director within 30 days from the receipt of notification. The 
statement must specify in detail the relief requested. The importer or 
entity requesting the appeal will bear the cost of any subsequent 
sampling and testing. Subsequent samples will be selected only from 
tobacco which is in the original package and from tobacco which has not 
been mixed, blended, or altered in any manner since the initial 
sampling.

[51 FR 30199, Aug. 22, 1986]



Sec.  29.431  Handling of imported tobacco pending test results.

    After an individual shipment of imported flue-cured or burley 
tobacco has been sampled, regardless of whether it is certified as being 
free from prohibited peticide residues, it must be kept in the original 
packages, and not be mixed, blended, manipulated, or altered in any 
manner, or moved, shipped, or transported from the point of entry until 
it has been determined that the tobacco does not contain prohibited 
pesticide residues.

[54 FR 24663, June 9, 1989]



Sec.  29.500  Fees and charges for inspection and acceptance of imported tobacco.

    (a) The fee for inspection of imported tobacco will be determined as 
described

[[Page 84]]

in Sec.  29.123 and shall be paid by the importer. This inspection fee 
applies to all tobacco imported into the United States except as 
provided in Sec.  29.400. Fees for services rendered shall be remitted 
by check or draft in accordance with a statement issued by the Director, 
and shall be made payable to ``Agricultural Marketing Service.''
    (b) The fee for sampling, accepting, and certification of imported 
flue-cured and burley tobacco for prohibited pesticide residues will be 
determined as described in Sec.  29.123 and shall be paid by the 
importer.
    (c) The fee for accepting imported flue-cured and burley tobacco not 
accompanied by a certification that it is free of prohibited pesticide 
residues will be determined as described in Sec.  29.123. Fees for 
services rendered shall be remitted by check or draft in accordance with 
a statement issued by the Director, and shall be made payable to 
``Agricultural Marketing Service.''

[56 FR 34003, July 25, 1991, as amended at 58 FR 42413, Aug. 9, 1993; 79 
FR 67320, Nov. 13, 2014]



                           Subpart C_Standards

Official Standard Grades for Flue-Cured Tobacco (U.S. Types 11, 12, 13, 
                         14 and Foreign Type 92)

    Authority: 7 U.S.C. 511b, 511m, and 511r.

    Source: 42 FR 21092, Apr. 25, 1977, unless otherwise noted.

                               definitions



Sec.  29.1001  Definitions.

    As used in these standards, the words and phrases hereinafter 
defined shall have the indicated meanings so assigned.



Sec.  29.1002  Body.

    The thickness and density of a leaf or the weight per unit of 
surface. (See Elements of Quality Chart.)



Sec.  29.1003  Class.

    A major division of tobacco based on method of cure or principal 
usage.



Sec.  29.1004  Clean.

    Tobacco is described as clean when it contains only a normal amount 
of sand or soil particles. Leaves grown on the lower position of the 
stalk normally contain more sand or dirt than those from higher stalk 
positions. (See Rule 4.)



Sec.  29.1005  Color.

    The third factor of a grade based on the relative hues, saturations 
or chromas, and color values common to the type.



Sec.  29.1006  Color intensity.

    The varying degree of saturation or chroma. Color intensity as 
applied to tobacco describes the strength or weakness of a specific 
color or hue. (See Elements of Quality Chart.)



Sec.  29.1007  Color symbols.

    As applied to flue-cured tobacco, color symbols are L--lemon, F--
orange, FR--orange red, R--red, V--greenish, K--variegated, KR--
variegated red or scorched, G--green, GR--green red, GK--green 
variegated (may be scorched), GG--gray green, KL--variegated lemon, KF--
variegated orange, KV--variegated greenish, KM--variegated (scorched) 
mixed, KD--variegated dark red, and LL--whitish-lemon.

[48 FR 29670, June 28, 1983]



Sec.  29.1008  Combination symbols.

    A color or group symbol used with another symbol to form the third 
factor of a grademark to denote a particular side or characteristic of 
the tobacco. As applied to flue-cured tobacco, the combination symbols 
are XL--lug side, PO--oxidized primings, XO--oxidized lugs or cutters, 
BO--oxidized leaf or smoking leaf, GL--thin-bodied nondescript, GF--
medium-bodied nondescript, LP--lemon (primings side), and FP--orange 
(primings side), KK-excessively scorched.

[48 FR 29671, June 28, 1983, as amended at 51 FR 25027, July 10, 1986]



Sec.  29.1009  Condition.

    The state of tobacco which results from the method of preparation or

[[Page 85]]

from the degree of fermentation. Words used to describe the condition of 
tobacco are: Undried, air-dried, steam-dried, sweating, sweated, and 
aged.



Sec.  29.1010  Crude.

    A subdegree of maturity. Crude leaves are usually hard and slick as 
a result of extreme immaturity. A similar condition may result from 
fire-kill, sunburn, or sunscald. Any leaf which is crude to the extent 
of 20 percent or more of its surface may be described as crude. (See 
Rule 20.)



Sec.  29.1011  Cured.

    Tobacco dried of its sap by either natural or artificial processes.



Sec.  29.1012  Damage.

    The effect of mold, must, rot, black rot, or other fungus or 
bacterial diseases which attack tobacco in its cured state. Tobacco 
having the odor of mold, must, or rot is considered damaged. (See Rule 
21.)



Sec.  29.1013  Dirty.

    The state of tobacco containing moderate to excessive amounts of 
dirt or sand, or tobacco to which additional quantities of dirt or sand 
have been added. (See Rule 24.)



Sec.  29.1014  Elasticity.

    The flexible, springy nature of the tobacco leaf to recover 
approximately its original size and shape after it has been stretched.



Sec.  29.1015  Elements of quality.

    Elements of quality and the degrees used in the specifications of 
the Official Standard Grades for Flue-cured, U.S. Types 11-14, and 
Foreign Type 92 are shown in chart form. Words have been selected to 
describe the degrees of each element.

[42 FR 21092, Apr. 25, 1977, as amended at 49 FR 16755, Apr. 20, 1984]



Sec.  29.1016  Excessively scorched.

    As applied to flue-cured tobacco, the combination symbol ``KK'' when 
used as the third factor of a grademark denotes that a lot contains over 
50 percent of unripe tobacco.

[51 FR 25027, July 10, 1986]



Sec.  29.1017  Finish.

    The reflectance factor in color perception. Finish indicates the 
sheen or shine of the surface of a tobacco leaf.

[42 FR 21092, Apr. 25, 1977. Redesignated at 51 FR 25027, July 10, 1986]



Sec.  29.1018  Fire-killed.

    Any leaf of which 5 percent or more of its surface has a set green 
color caused by excessive heat in the curing process. Any lot containing 
5 percent or more of such tobacco may be described as fire-killed. (See 
Rule 23.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 51 FR 25027, July 10, 1986]



Sec.  29.1019  Flue-cured.

    Tobacco cured under artificial atmospheric conditions by a process 
of regulating the heat and ventilation without allowing smoke or fumes 
from the fuel to come in contact with the tobacco; or tobacco cured by 
some other process which accomplishes the same results.

[42 FR 21092, Apr. 25, 1977. Redesignated at 51 FR 25027, July 10, 1986]



Sec.  29.1020  Foreign matter.

    Any extraneous substance or material such as straw, strings, rubber 
bands, grass, weeds, or an excessive amount of dirt or sand. (See Rule 
24.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 51 FR 25027, July 10, 1986]



Sec.  29.1021  Form.

    The stage or preparation of tobacco such as stemmed or unstemmed.

[42 FR 21092, Apr. 25, 1977. Redesignated at 51 FR 25027, July 10, 1986]



Sec.  29.1022  Grade.

    A subdivision of a type according to group, quality, and color.

[42 FR 21092, Apr. 25, 1977. Redesignated at 51 FR 25027, July 10, 1986]



Sec.  29.1023  Grademark.

    A grademark normally consists of three symbols which indicate group, 
quality, and color. A letter is used to indicate group, a number to 
indicate

[[Page 86]]

quality, and a letter or letters to indicate color. For example, B3F 
means Leaf, good quality, orange color.

[42 FR 21092, Apr. 25, 1977. Redesignated at 51 FR 25027, July 10, 1986]



Sec.  29.1024  Green (G).

    A color term applied to immature or crude tobacco. Any leaf which 
has a green color affecting 20 percent or more of its surface may be 
described as green. (See Rule 19.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 51 FR 25027, July 10, 1986]



Sec.  29.1025  Greenish (V).

    A color term applied to greenish-tinged tobacco. Any leaf which has 
a greenish tinge or a pale green color affecting 20 percent or more of 
its surface may be described as greenish. (See Rule 18.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 51 FR 25027, July 10, 1986]



Sec.  29.1026  Group.

    A division of a type covering closely related grades based on 
certain characteristics which are related to stalk position, body, or 
the general quality of the tobacco. Groups in Flue-cured, U.S. Types 11-
14, and Foreign Type 92 are: Leaf (B), Smoking Leaf (H), Cutters (C), 
Lugs (X), Primings (P) Mixed (M), Nondescript (N), and Scrap (S).

[52 FR 28533, July 31, 1987]



Sec.  29.1027  Injury.

    Hurt or impairment from any cause except the fungus or bacterial 
diseases which attack tobacco in its cured state, but which is not 
serious enough to be classified as waste. (See definitions of Damage and 
Waste; see also Rule 14.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 51 FR 25027, July 10, 1986]



Sec.  29.1028  Leaf.

    Whole, unstemmed leaf. Leaf, when applied to tobacco in strip form, 
shall describe the divided unit of a whole leaf.

[49 FR 16755, Apr. 20, 1984. Redesignated at 51 FR 25027, July 10, 1986]



Sec.  29.1029  Leaf scrap.

    A byproduct of stemmed and unstemmed tobacco.

[42 FR 21092, Apr. 25, 1977. Redesignated at 49 FR 16755, Apr. 20, 1984, 
and 51 FR 25027, July 10, 1986]



Sec.  29.1030  Leaf structure.

    The cell development of a leaf as indicated by its porosity. (See 
Elements of Quality Chart.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 49 FR 16755, Apr. 20, 1984, 
and 51 FR 25027, July 10, 1986]



Sec.  29.1031  Lemon (L).

    Yellow.

[42 FR 21092, Apr. 25, 1977. Redesignated at 49 FR 16755, Apr. 20, 1984, 
and 51 FR 25027, July 10, 1986]



Sec.  29.1032  Length.

    The linear measurement of cured tobacco leaves from the butt of the 
midrib to the extreme tip. Length, as an element of quality, does not 
apply to tobacco in strip form.

[42 FR 21092, Apr. 25, 1977. Redesignated and amended at 49 FR 16755, 
Apr. 20, 1984, and further redesignated at 51 FR 25027, July 10, 1986]



Sec.  29.1033  Lot.

    A pile, basket, bulk, or more than one bale, case, hogshead, tierce, 
package, or other definite package unit.

[42 FR 21092, Apr. 25, 1977. Redesignated at 49 FR 16755, Apr. 20, 1984, 
and 51 FR 25027, July 10, 1986]



Sec.  29.1034  Maturity.

    The degree of ripeness. (See Elements of Quality Chart.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 49 FR 16755, Apr. 20, 1984, 
and 51 FR 25027, July 10, 1986]



Sec.  29.1035  Mixed color (KM).

    Distinctly different colors of the type mingled together. (See Rule 
16.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 49 FR 16755, Apr. 20, 1984, 
and 51 FR 25027, July 10, 1986]



Sec.  29.1036  Mixed Group (M).

    This group consists of tobacco from three or more groups or two 
distinctly

[[Page 87]]

different groups which are mixed together in various combinations.

[49 FR 16755, Apr. 20, 1984. Redesignated at 51 FR 25027, July 10, 1986]



Sec.  29.1037  Nested.

    Any lot of Types 11-14 tobacco which has been loaded, packed or 
arranged to conceal tobacco of inferior grade, quality or condition. 
Nested includes: (a) Any lot of tobacco which contains injured or other 
inferior tobacco, any of which cannot be readily detected upon 
inspection because of the way the lot is packed or arranged; (b) Any lot 
of tobacco which consists of distinctly different grades, qualities or 
conditions and which is stacked or arranged with the same kinds together 
so that the tobacco in the lower portions of the lot is distinctly 
inferior in grade, quality or condition from the tobacco in the top 
portion of the lot.

[52 FR 28534, July 31, 1987]



Sec.  29.1038  No-G.

    A designation applied to a lot of tobacco which is offtype, 
semicured, fire-killed, smoked, oxidized over 10 percent, or has an odor 
foreign to the type. (See Rule 23.)

[47 FR 51721, Nov. 17, 1982. Redesignated at 48 FR 29671, June 28, 1983, 
49 FR 16756, Apr. 20, 1984, and 51 FR 25027, July 10, 1986]



Sec.  29.1039  No-G-F.

    A designation applied to a lot of tobacco that contains stalks, 
suckers, or foreign matter. (See Rule 24.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 48 FR 29671, June 28, 1983, 
49 FR 16756, Apr. 20, 1984, and 51 FR 25027, July 10, 1986]



Sec.  29.1040  No-G-Nested.

    A designation applied to a lot of Types 11-14 tobacco which is 
classified as nested. (See Rule 27.)

[47 FR 51721, Nov. 17, 1982. Redesignated at 48 FR 29671, June 28, 1983. 
Redesignated and amended at 49 FR 16756, Apr. 20, 1984, and further 
redesignated at 51 FR 25027, July 10, 1986]



Sec.  29.1041  Oil.

    A soft, semifluid constituent of tobacco. (See Elements of Quality 
Chart.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec.  29.1042  Offtype.

    Tobacco of distinctly different characteristics which cannot be 
classified as Flue-cured, U.S. Types 11-14 or Foreign Type 92. (See Rule 
23.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
and at 48 FR 29671, June 28, 1983. Redesignated and amended at 49 FR 
16756, Apr. 20, 1984, and further redesignated at 51 FR 25027, July 10, 
1986]



Sec.  29.1043  Orange (F).

    A reddish yellow.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec.  29.1044  Orange Red (FR).

    A yellowish red.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec.  29.1045  Order (case).

    The state of tobacco with respect to its moisture content.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec.  29.1046  Oxidized (O).

    A term applied to tobacco that has deteriorated and turned black 
during the curing process. Any leaf of which 10 percent or more of its 
surface has been blackened during the curing process may be described as 
oxidized. Oxidized tobacco is also known as barn scald or barn rot. (See 
Rules 23 and 25.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]

[[Page 88]]



Sec.  29.1047  Package.

    A hogshead, tierce, case, bale, or other securely enclosed parcel or 
bundle.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec.  29.1048  Packing.

    A lot of tobacco consisting of a number of packages submitted as one 
definite unit for sampling or inspecting. It is represented to contain 
the same kind of tobacco and has a common identification number or mark 
on each package.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec.  29.1049  Papery.

    A term used to describe thin-bodied, oilless tobacco usually 
associated with whitish-lemon color.

[51 FR 25027, July 10, 1986; 51 FR 28687, Aug. 11, 1986]



Sec.  29.1050  Prematurity.

    A condition of growth and development characteristic of the lower 
leaves of the tobacco plant. Premature leaves have some appearance of 
ripeness due to a process of starvation caused by translocation of plant 
food elements from these leaves to other leaves higher on the stalk.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec.  29.1051  Quality.

    A division of a group or the second factor of a grade based on the 
relative degree of one or more elements of quality.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec.  29.1052  Raw.

    Tobacco as it appears between the time of harvesting and the 
beginning of the curing process.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec.  29.1053  Red (R).

    A brownish red.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec.  29.1054  Semicured.

    Tobacco in the process of being cured or which is partially but not 
thoroughly cured. Semicured includes tobacco which contains fat stems, 
swelled stems, frozen tobacco, frozen stems, or stems that have not been 
thoroughly dried in the curing process. (See Rule 23.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec.  29.1055  Side.

    A certain phase of quality, color, or length as contrasted with some 
other phase of quality, color, or length; or any peculiar characteristic 
of tobacco.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec.  29.1056  Slick.

    A term used to denote tobacco having a close or tight leaf 
structure. Any leaf of lemon or orange color of which 20 percent or more 
of its surface is close or tight may be described as slick. (See Rule 
17.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]

[[Page 89]]



Sec.  29.1057  Smoked.

    Any tobacco affected by smoke or fumes in the curing process. (See 
Rule 23.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec.  29.1058  Sound.

    Free of damage.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec.  29.1059  Special factor.

    A symbol or term authorized to be used with specified grades. 
Tobacco to which a special factor is applied may meet the general 
specifications but which has a peculiar side or characteristic which 
tends to modify the grade. (See Rules 10, 21, 22, 26, 28, 29, and 30.)

[60 FR 36027, July 13, 1995, as amended at 65 FR 46086, July 27, 2000]



Sec.  29.1060  Steam-dried.

    The condition of unfermented tobacco as customarily prepared for 
storage by means of a redrying machine or other steam-conditioning 
equipment.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec.  29.1061  Stem.

    The midrib or large central vein of a tobacco leaf.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec.  29.1062  Stemmed.

    A form of tobacco, including strips or strip scrap, from which the 
stems or midribs have been removed.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec.  29.1063  Strips.

    The sides of a tobacco leaf from which the stem has been removed 
from a lot of tobacco composed of strips.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec.  29.1064  Sweated.

    The condition of tobacco which has passed through one or more 
fermentations natural to tobacco packed with a normal percentage of 
moisture. This condition sometimes is described as aged.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec.  29.1065  Sweating.

    The condition of tobacco in the process of fermentation.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec.  29.1066  Symbol (S).

    As applied to Flue-cured tobacco the symbol (S) when used (a) as the 
third factor of a grademark, denotes slick, unripe tobacco in lemon or 
orange color, and (b) when used preceding a grademark, denotes tobacco 
in strip form. (See Rules 17 and 28.)

[49 FR 16756, Apr. 20, 1984. Redesignated at 49 FR 16756, Apr. 20, 1984, 
and 51 FR 25027, July 10, 1986]



Sec.  29.1067  Tobacco.

    Tobacco as it appears between the time it is primed and cured, and 
the time it enters into the different manufacturing processes. The acts 
of stemming, threshing, sweating, and conditioning are not regarded as 
manufacturing processes. Tobacco, as used in these standards, does not 
include manufactured or semi-manufactured products, stems, cuttings, 
clippings, trimmings, siftings, or dust.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
and at 48 FR 29671, June 28, 1983. Redesignated and amended at 49 FR 
16756, Apr. 20, 1984, and further redesignated at 51 FR 25027, July 10, 
1986]

[[Page 90]]



Sec.  29.1068  Tobacco products.

    Manufactured tobacco, including cigarettes, cigars, smoking tobacco, 
chewing tobacco, and snuff.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec.  29.1069  Type.

    A division of a class of tobacco having certain common 
characteristics and closely related grades. Tobacco which has the same 
characteristics and corresponding qualities, colors, and lengths is 
classified as one type, regardless of any factors of historical or 
geographical nature which cannot be determined by an examination of the 
tobacco.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec.  29.1070  Type 11.

    That type of flue-cured tobacco commonly known as Western Flue-cured 
or Old Belt and Middle Belt Flue-cured, produced principally in the 
Piedmont sections of Virginia and North Carolina and the district 
extending eastward to the coastal plains region. That portion of this 
type known as Old Belt Flue-cured, normally characterized by a heavier 
body and darker color shade and produced principally in the Piedmont 
sections of Virginia and North Carolina, may be classified as Type 11a; 
and that portion of the type known as Middle Belt Flue-cured, normally 
characterized by a thinner body and lighter color shade and produced 
principally in a section lying between the Piedmont and coastal plains 
regions of Virginia and North Carolina, may be classified as Type 11b.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec.  29.1071  Type 12.

    That type of flue-cured tobacco commonly known as Eastern Flue-cured 
or Eastern Carolina Flue-cured, produced principally in the coastal 
plains section of North Carolina, north of the South River.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec.  29.1072  Type 13.

    That type of flue-cured tobacco commonly known as Southeastern Flue-
cured or South Carolina Flue-cured, produced principally in the coastal 
plains section of South Carolina and the southeastern counties of North 
Carolina, south of the South River.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec.  29.1073  Type 14.

    That type of flue-cured tobacco commonly known as Southern Flue-
cured, produced principally in the southern section of Georgia, in 
northern Florida, and to some extent in Alabama.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec.  29.1074  Type 92.

    That type of flue-cured tobacco commonly known as Foreign-grown 
Flue-cured, produced in countries other than the United States.

[49 FR 16756, Apr. 20, 1984. Redesignated at 51 FR 25027, July 10, 1986]



Sec.  29.1075  Undried.

    The condition of unfermented tobacco which has not been air-dried or 
steam-dried.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec.  29.1076  Uniformity.

    An element of quality which describes the consistency of a lot of 
tobacco as it is prepared for market. Uniformity is expressed as a 
percentage in grade specifications. (See Rule 13.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]

[[Page 91]]



Sec.  29.1077  Unsound (U).

    Damaged. (See Rule 21.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec.  29.1078  Unstemmed.

    A form of tobacco, including whole leaf and leaf scrap, from which 
the stems or midribs have not been removed.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec.  29.1079  Variegated (K).

    Any tobacco that does not blend with the normal colors of the types; 
any leaf of which 20 percent or more of its surface is grayish, mottled, 
bleached, doty-faced, scalded, or sunbaked. (See Rule 15.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
48 FR 29671, June 28, 1983, 49 FR 16756, Apr. 20, 1984, and 51 FR 25027, 
July 10, 1986]



Sec.  29.1080  Variegated dark red (KD).

    A dark brownish-red discoloration which usually results from 
excessive sunbaking during the growing process or from storing cured 
tobacco over extended periods of time. Any leaf of which 20 percent or 
more of its surface is dark brownish-red may be described as variegated 
dark red.

[48 FR 29671, June 28, 1983. Redesignated at 49 FR 16756, Apr. 20, 1984 
and 51 FR 25027, July 10, 1986]



Sec.  29.1081  Variegated red or scorched (KR).

    A red discoloration which usually results from excessive heat in the 
curing process. Any leaf of which 20 percent or more of its surface has 
been reddened in the curing process may be described as variegated red 
or scorched. (See Rule 16.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
49 FR 16756, Apr. 20, 1984, and 51 FR 25027, July 10, 1986]



Sec.  29.1082  Waste.

    The portion or portions of the web of tobacco leaves which have been 
lost or rendered less serviceable for use in tobacco products, 
including:
    (a) Portions which have decomposed or largely decomposed by field 
diseases and field-firing, pole-burning, bulk-burning; (b) portions 
which are dead, lifeless, and do not have sufficient strength or 
stability to hold together in the normal manufacturing process due to 
excessive injury of any kind.

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
49 FR 16756, Apr. 20, 1984, and 51 FR 25027, July 10, 1986]



Sec.  29.1083  Wet (W).

    Any sound tobacco containing excessive moisture to the extent that 
it is in unsafe or doubtful-keeping order. Wet applies to any tobacco 
which is not damaged but which is likely to damage if treated in the 
customary manner. (See Rule 22.)

[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
49 FR 16756, Apr. 20, 1984, and 51 FR 25027, July 10, 1986]



Sec.  29.1084  Whitish-lemon (LL).

    A whitish-yellow color which usually results during wet growing 
seasons when rain leaches or washes out the yellow color from the leaf. 
Any leaf of which 20 percent or more of its leaf surface has whitish-
yellow color may be described as whitish-lemon.

[48 FR 29671, June 28, 1983. Redesignated at 49 FR 16756, Apr. 20, 1984 
and 51 FR 25027, July 10, 1986]



Sec.  29.1085  Width.

    The relative breadth of a tobacco leaf expressed in relation to its 
length. Width, as an element of quality, does not apply to tobacco in 
strip form. (See Elements of Quality Chart.)

--------------------------------------------------------------------------------------------------------------------------------------------------------
              Elements                                                                      Degrees
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maturity...........................  Immature..............  Unripe................  Mature...............  Ripe.................  Mellow.
Leaf structure.....................  Tight.................  Close.................  Firm.................  Open.................

[[Page 92]]

 
Body...............................  Heavy.................  Fleshy................  Medium...............  Thin.................
Oil................................  Lean..................  Oily..................  Rich.................
Color intensity....................  Pale..................  Weak..................  Moderate.............  Strong...............  Deep.
Width..............................  Stringy...............  Narrow................  Normal...............  Spready..............
Length.............................  ......................  (\1\ )................  (\1\ )...............  (\1\ )...............
Uniformity.........................  ......................  (\2\ )................  (\2\ )...............  (\2\ )...............
Injury tolerance...................  ......................  (\2\ )................  (\2\ )...............  (\2\ )...............
Waste tolerance....................  ......................  (\2\ )................  (\2\ )...............  (\2\ )...............
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Expressed in inches.
\2\ Expressed in percentage.


[42 FR 21092, Apr. 25, 1977. Redesignated at 47 FR 51721, Nov. 17, 1982, 
and at 48 FR 29671, June 28, 1983. Redesignated and amended at 49 FR 
16756, Apr. 20, 1984, and further redesignated at 51 FR 25027, July 10, 
1986]

                           elements of quality



Sec.  29.1101  Elements of quality and degrees of each element.

    These standardized words or terms are used to describe tobacco 
quality and to assist in interpreting grade specifications. Tobacco 
attributes or characteristics which constitute quality are designated as 
elements of quality. The range within each element is expressed by the 
use of words or terms designated as degrees. These several degrees are 
arranged to show their relative value, but the actual value of each 
degree varies with group.

                                  rules



Sec.  29.1106  Rules.

    The application of these official standard grades shall be in 
accordance with the following rules.



Sec.  29.1107  Rule 1.

    Each grade shall be treated as a subdivision of a particular type. 
When the grade is stated in an inspection certificate, the type also 
shall be stated.



Sec.  29.1108  Rule 2.

    The determination of a grade shall be based upon a thorough 
examination of a lot of tobacco or of an official sample of the lot.



Sec.  29.1109  Rule 3.

    In drawing an official sample from a hogshead or other package of 
tobacco, three or more breaks shall be made at such points and in such 
manner as the inspector or sampler may find necessary to determine the 
kinds of tobacco and the percentage of each kind contained in the lot. 
All breaks shall be made so that the tobacco contained in the center of 
the package is visible to the sampler, except for baled tobacco that is 
not opened for inspection (see Rule 30). Tobacco shall be drawn from at 
least three breaks from which a representative sample shall be selected. 
The sample shall include tobacco of each different group, quality, 
color, length, and kind found in the lot in proportion to the quantities 
of each contained in the lot.

[65 FR 46086, July 27, 2000]



Sec.  29.1110  Rule 4.

    All standard grades must be clean unless otherwise noted by a 
special factor.



Sec.  29.1111  Rule 5.

    The grade assigned to any lot of tobacco shall be a true 
representation of the tobacco at the time of inspection and 
certification. If, at any time, it is found that a lot of tobacco does 
not comply with the specifications of the grade previously assigned, it 
shall not thereafter be represented as such grade.



Sec.  29.1112  Rule 6.

    A lot of tobacco on the marginal line between two colors shall be 
placed in the color with which it best corresponds with respect to body 
or other associated elements of quality.



Sec.  29.1113  Rule 7.

    Any lot of tobacco which meets the specifications of two grades 
shall be placed in the higher grade. Any lot of tobacco on the marginal 
line between

[[Page 93]]

two grades shall be placed in the lower grade.



Sec.  29.1114  Rule 8.

    A lot of tobacco meets the specifications of a grade when it is not 
lower in any degree of any element of quality than the minimum 
specifications of such grade.



Sec.  29.1115  Rule 9.

    The use of any grade may be restricted by the Director during any 
marketing season when it is found that the grade is not needed or 
appears in insufficient volume to justify its use.



Sec.  29.1116  Rule 10.

    Any special factor approved by the Director of the Tobacco Division, 
Agricultural Marketing Service, may be used to show a peculiar side or 
characteristic of the tobacco which tends to modify the grade.

[42 FR 21092, Apr. 25, 1977, as amended at 49 FR 16756, Apr. 20, 1984]



Sec.  29.1117  Rule 11.

    Interpretations, the use of specifications, and the meaning of terms 
shall be in accordance with determinations or clarifications made by the 
Chief of the Marketing Programs Branch and approved by the Director.



Sec.  29.1118  Rule 12.

    In determining the grade of a lot of tobacco, the lot as a whole 
shall be considered. Minor irregularities which do not affect over one 
percent of the tobacco shall be overlooked.



Sec.  29.1119  Rule 13.

    Degrees of uniformity shall be expressed in terms of percentages. 
The percentages shall govern the portion of a lot which must meet the 
specifications of the grade. (These percentages shall not affect 
limitations established by other rules.) The minor portion must be 
closely related, but may be of a different group, quality, and color 
from the major portion.



Sec.  29.1120  Rule 14.

    The application of injury tolerance as an element of quality shall 
be expressed in terms of a percentage. The appraisal of injury shall be 
based upon the percentage of affected leaf surface or the degree of 
injury. In appraising injury, consideration shall be given to the normal 
characteristics of the group as related to injury.



Sec.  29.1121  Rule 15.

    Any lot of tobacco containing 20 percent or more of variegated 
tobacco other than variegated red or scorched shall be described as 
variegated and designated by the color symbol ``K,'' ``KL,'' ``KF,'' 
``KD,'' or ``KV.''

[42 FR 21092, Apr. 25, 1977, as amended at 48 FR 29671, June 28, 1983]



Sec.  29.1122  Rule 16.

    Any lot of ripe tobacco which contains 20 percent or more of 
variegated red or scorched tobacco shall be designated by the color 
symbol ``KR.'' Any lot of unripe tobacco which is under 20 percent 
greenish or green but which contains 20 percent or more of scorched 
tobacco, or any lot of tobacco which contains 20 percent or more of a 
color distinctly different from the major color shall be classified as 
mixed color and designated by the color symbol ``KM''. Any lot of unripe 
tobacco in the C, or B groups which is under 20 percent greenish or 
green but which contains 50 percent or more of scorched tobacco shall be 
classified as excessively scorched and designated by the combination 
symbol ``KK''.

[42 FR 21092, Apr. 25, 1977, as amended at 51 FR 25028, July 10, 1986]



Sec.  29.1123  Rule 17.

    Any lot of lemon, or orange colored tobacco containing over 20 
percent of slick tobacco shall be designated by the symbol ``S'' in the 
X, C, or B groups.



Sec.  29.1124  Rule 18.

    Any lot of mature tobacco in lemon or orange color containing 20 
percent or more of greenish tobacco, or any lot which is not green but 
which contains 20 percent or more of greenish and green tobacco combined 
shall be designated by the color symbol ``V.''

[[Page 94]]



Sec.  29.1125  Rule 19.

    Any lot of tobacco containing 20 percent or more of green tobacco, 
or any lot which is not crude but contains 20 percent or more of green 
and crude combined shall be designated by the color symbols ``G,'' 
``GR,'' ``GK,'' ``GG,'' or the combination symbols ``GL,'' or ``GF.''



Sec.  29.1126  Rule 20.

    Crude tobacco shall not be included in any grade of any color except 
green, green red, green variegated, gray green, or the combination 
symbols ``GL,'' or ``GF'' in the nondescript group. Any lot containing 
20 percent or more of crude tobacco shall be classified as nondescript.



Sec.  29.1127  Rule 21.

    Damaged tobacco which otherwise meets the specifications of a grade 
shall be treated as a special factor grade by placing the special factor 
``U'' after the grademark.



Sec.  29.1128  Rule 22.

    Sound tobacco that is wet or in doubtful-keeping order but which 
otherwise meets the specifications of a grade shall be treated as a 
special factor grade by placing the special factor ``W'' after the 
grademark.



Sec.  29.1129  Rule 23.

    Tobacco shall be designated by the grademark ``No-G,'' when it is 
offtype, semicured, fire-killed, smoked, oxidized over 10 percent, has 
an odor foreign to the type, or is packed in bales which are not 
approximately 42 inches wide x 42 inches high x 40 inches long.

[65 FR 46086, July 27, 2000]



Sec.  29.1130  Rule 24.

    Tobacco shall be designated by the grademark, ``No-G-F,'' when it 
contains stalks, suckers, or foreign matter such as straw, strings, 
rubber bands, grass, weeds, or an excessive amount of dirt or sand.



Sec.  29.1131  Rule 25.

    Any lot of tobacco containing 10 percent or less of oxidized 
tobacco, except as provided in rule 12, shall be designated by the 
combination symbols ``PO,'' ``XO,'' or ``BO.'' Crude or green tobacco 
containing 10 percent or less of oxidized shall be grade ``N2.''



Sec.  29.1132  Rule 26.

    Tobacco that contains a moderate amount of dirt or sand, but which 
otherwise meets the specifications of any Primings grade, including the 
first quality Nondescript from the Primings group, shall be designated 
by placing the special factor, ``dirt'' or ``sand'' after the grademark.



Sec.  29.1133  Rule 27.

    Tobacco in Types 11-14 shall be designated by the grademark ``No-G-
Nested'' when it is nested.

[47 FR 51721, Nov. 17, 1982, as amended at 49 FR 16756, Apr. 20, 1984]



Sec.  29.1134  Rule 28.

    Tobacco in strip form which otherwise meets the specifications of a 
grade shall be treated as a special factor grade by placing the special 
factor ``S'' preceding the grademark.

[49 FR 16756, Apr. 20, 1984]



Sec.  29.1135  Rule 29.

    Any lot of tobacco containing 25 percent or more of an adjacent 
group, which otherwise meets the specifications of a grade shall be 
treated as a special factor grade by placing the special factor ``M'' 
preceding the grademark.

[60 FR 36028, July 13, 1995]



Sec.  29.1136  Rule 30.

    Any lot of baled tobacco that is not opened for inspection but which 
otherwise meets the specifications of a grade shall be graded by the 
exterior only.

[65 FR 46086, July 27, 2000]

                                 grades



Sec.  29.1161  [Reserved]



Sec.  29.1162  Leaf (B Group).

    This group consists of leaves normally grown at or above the 
midportion of the stalk. Leaves of the B group have a pointed tip, tend 
to fold, usually are heavier in body than

[[Page 95]]

the other groups, and show little or no ground injury.

    Grades, Grade Names, Minimum Specifications, and Tolerances
B1L--Choice Quality Lemon Leaf
    Ripe, firm leaf structure, medium body, rich in oil, deep color 
intensity, spready, 20 inches or over in length. Uniformity, 90 percent; 
injury tolerance, 5 percent.
B2L--Fine Quality Lemon Leaf
    Ripe, firm leaf structure, medium body, rich in oil, deep color 
intensity, normal width, 18 inches or over in length. Uniformity, 85 
percent; injury tolerance, 10 percent.
B3L--Good Quality Lemon Leaf
    Ripe, firm leaf structure, medium body, oily, strong color 
intensity, normal width, 16 inches or over in length. Uniformity, 80 
percent; injury tolerance, 15 percent.
B4L--Fair Quality Lemon Leaf
    Ripe, firm leaf structure, medium body, only, moderate color 
intensity, normal width. Uniformity, 70 percent; injury tolerance 20 
percent, of which not over 5 percent may be waste.
B5L--Low Quality Lemon Leaf
    Ripe, firm leaf structure, medium body, lean in oil, weak color 
intensity, narrow. Uniformity, 70 percent; injury tolerance 30 percent, 
of which not over 10 percent may be waste.
B6L--Poor Quality Lemon Leaf
    Ripe, firm leaf structure, medium body, lean in oil, weak color 
intensity, stringy. Uniformity, 70 percent; injury tolerance 40 percent, 
of which not over 20 percent may be waste.
B1F--Choice Quality Orange Leaf
    Ripe, firm leaf structure, fleshy, rich in oil, deep color 
intensity, spready, 20 inches or over in length. Uniformity, 90 percent; 
injury tolerance, 5 percent.
B2F--Fine Quality Orange Leaf
    Ripe, firm leaf structure, fleshy, rich in oil, deep color 
intensity, normal width, 18 inches or over in length. Uniformity, 85 
percent; injury tolerance, 10 percent.
B3F--Good Quality Orange Leaf
    Ripe, firm leaf structure, fleshy, oily, strong color intensity, 
normal width, 16 inches or over in length. Uniformity, 80 percent; 
injury tolerance, 15 percent.
B4F--Fair Quality Orange Leaf
    Ripe, firm leaf structure, fleshy, oily, moderate color intensity, 
normal width. Uniformity, 70 percent; injury tolerance 20 percent, of 
which not over 5 percent may be waste.
B5F--Low Quality Orange Leaf
    Ripe, firm leaf structure, fleshy, lean in oil, weak color 
intensity, narrow. Uniformity, 70 percent; injury tolerance 30 percent, 
of which not over 10 percent may be waste.
B6F--Poor Quality Orange Leaf
    Ripe, firm leaf structure, fleshy, lean in oil, weak color 
intensity, stringy. Uniformity, 70 percent; injury tolerance 40 percent, 
of which not over 20 percent may be waste.
B1FR--Choice Quality Orange Red Leaf
    Ripe, firm leaf structure, fleshy, rich in oil, deep color 
intensity, spready, 20 inches or over in length. Uniformity, 90 percent; 
injury tolerance, 5 percent.
B2FR--Fine Quality Orange Red Leaf
    Ripe, firm leaf structure, fleshy, rich in oil, deep color 
intensity, normal width, 18 inches or over in length. Uniformity, 85 
percent; injury tolerance, 10 percent.
B3FR--Good Quality Orange Red Leaf
    Ripe, firm leaf structure, fleshy, oily, strong color intensity, 
normal width, 16 inches or over in length. Uniformity, 80 percent; 
injury tolerance, 15 percent.
B4FR--Fair Quality Orange Red Leaf
    Ripe, firm leaf structure, fleshy, oily, moderate color intensity, 
normal width. Uniformity, 70 percent; injury tolerance 20 percent, of 
which not over 5 percent may be waste.
B5FR--Low Quality Orange Red Leaf
    Ripe, firm leaf structure, fleshy, lean in oil, weak color 
intensity, narrow. Uniformity, 70 percent; injury tolerance 30 percent, 
of which not over 10 percent may be waste.
B6FR--Poor Quality Orange Red Leaf
    Ripe, firm leaf structure, fleshy, lean in oil, weak color 
intensity, stringy. Uniformity, 70 percent; injury tolerance 40 percent, 
of which not over 20 percent may be waste.
B5R--Low Quality Red Leaf
    Ripe, firm leaf structure, heavy, lean in oil, weak color intensity, 
narrow. Uniformity, 70 percent; injury tolerance 30 percent, of which 
not over 10 percent may be waste.
B3K--Good Quality Variegated Leaf
    Ripe, firm leaf structure, fleshy, oily, normal width, 16 inches or 
over in length. Uniformity, 80 percent; injury tolerance, 15 percent.
B4K--Fair Quality Variegated Leaf
    Ripe, firm leaf structure, fleshy, lean in oil, normal width. 
Uniformity, 70 percent; injury tolerance 20 percent, of which not over 5 
percent may be waste.
B5K--Low Quality Variegated Leaf
    Ripe, firm leaf structure, fleshy, lean in oil, narrow. Uniformity, 
70 percent; injury tolerance 30 percent, of which not over 10 percent 
may be waste.
B6K--Poor Quality Variegated Leaf
    Ripe, firm leaf structure, fleshy, lean in oil, stringy. Uniformity, 
70 percent; injury tolerance 40 percent, of which not over 20 percent 
may be waste.
B3KR--Good Quality Variegated Red or Scorched Leaf

[[Page 96]]

    Ripe, firm leaf structure, fleshy, oily, normal width, 16 inches or 
over in length. Uniformity, 80 percent; injury tolerance 15 percent.
B4KR--Fair Quality Variegated Red or Scorched Leaf
    Ripe, firm leaf structure, fleshy, lean in oil, normal width. 
Uniformity, 70 percent; injury tolerance 20 percent, of which not over 5 
percent may be waste.
B5KR--Low Quality Variegated Red or Scorched Leaf
    Ripe, firm leaf structure, fleshy, lean in oil, narrow. Uniformity, 
70 percent; injury tolerance 30 percent, of which not over 10 percent 
may be waste.
B3V--Good Quality Greenish Leaf
    Mature, firm leaf structure, fleshy, oily, normal width, 16 inches 
or over in length. Uniformity, 80 percent; injury tolerance 15 percent.
B4V--Fair Quality Greenish Leaf
    Mature, firm leaf structure, fleshy, oily, normal width. Uniformity, 
70 percent; injury tolerance 20 percent, of which not over 5 percent may 
be waste.
B5V--Low Quality Greenish Leaf
    Mature, firm leaf structure, fleshy, lean in oil, narrow. 
Uniformity, 70 percent; injury tolerance 30 percent, of which not over 
10 percent may be waste.
B3KL--Good Quality Variegated Lemon Leaf
    Unripe, close leaf structure, heavy, normal width, 16 inches or over 
in length. Uniformity, 80 percent; injury tolerance, 15 percent.
B4KL--Fair Quality Variegated Lemon Leaf
    Unripe, close leaf structure, heavy, normal width. Uniformity, 70 
percent; injury tolerance 20 percent of which not over 5 percent may be 
waste.
B5KL--Low Quality Variegated Lemon Leaf
    Unripe, tight leaf structure, heavy, narrow. Uniformity, 70 percent; 
injury tolerance 30 percent, of which not over 10 percent may be waste.
B6KL--Poor Quality Variegated Lemon Leaf
    Unripe, tight leaf structure, heavy, stringy. Uniformity, 70 
percent; injury tolerance 40 percent, of which not over 20 percent may 
be waste.
B3KF--Good Quality Variegated Orange Leaf
    Unripe, close leaf structure, heavy, normal width, 16 inches or over 
in length. Uniformity, 80 percent; injury tolerance, 15 percent.
B4KF--Fair Quality Variegated Orange Leaf
    Unripe, close leaf structure, heavy, normal width. Uniformity, 70 
percent; injury tolerance 20 percent, of which not over 5 percent may be 
waste.
B5KF--Low Quality Variegated Orange Leaf
    Unripe, tight leaf structure, heavy, narrow. Uniformity, 70 percent; 
injury tolerance 30 percent, of which not over 10 percent may be waste.
B6KF--Poor Quality Variegated Orange Leaf
    Unripe, tight leaf structure, heavy, stringy. Uniformity, 70 
percent; injury tolerance 40 percent, of which not over 20 percent may 
be waste.
B3KD--Good Quality Variegated Dark Red Leaf
    Unripe, close leaf structure, heavy, normal width, 16 inches (40.6 
cm) or over in length. Uniformity, 80 percent; injury tolerance, 15 
percent.
B4KD--Quality Variegated Dark Red Leaf
    Unripe, close leaf structure, heavy, normal width. Uniformity, 70 
percent; injury tolerance 20 percent, of which not over 5 percent may be 
waste.
B5KD--Low Quality Variegated Dark Red Leaf
    Unripe, tight leaf structure, heavy, narrow. Uniformity, 70 percent; 
injury tolerance 30 percent, of which not over 10 percent may be waste.
B6KD--Poor Quality Variegated Dark Red Leaf
    Unripe, tight leaf structure, heavy, stringy. Uniformity, 70 
percent; injury tolerance 40 percent, of which not over 20 percent may 
be waste.
B3KM--Good Quality Variegated Mixed Leaf
    Unripe, close leaf structure, heavy, normal width, 16 inches or over 
in length. Uniformity, 80 percent; injury tolerance, 15 percent.
B4KM--Fair Quality Variegated Mixed Leaf
    Unripe, close leaf structure, heavy, normal width. Uniformity, 70 
percent; injury tolerance 20 percent, of which not over 5 percent may be 
waste.
B5KM--Low Quality Variegated Mixed Leaf
    Unripe, tight leaf structure, heavy, narrow. Uniformity, 70 percent; 
injury tolerance 30 percent, of which not over 10 percent may be waste.
B6KM--Poor Quality Variegated Mixed Leaf
    Unripe, tight leaf structure, heavy, stringy. Uniformity, 70 
percent; injury tolerance 40 percent, of which not over 20 percent may 
be waste.
B3KK Good Quality Excessively Scorched Leaf
    Unripe, close leaf structure, heavy, normal width, 16 inches (40.6 
cm) or over in length. Uniformity, 80 percent; injury tolerance, 15 
percent.
B4KK Fair Quality Excessively Scorched Leaf
    Unripe, close leaf structure, heavy, normal width. Uniformity, 70 
percent; injury tolerance 20 percent, of which not over 5 percent may be 
waste.
B5KK Low Quality Excessively Scorched Leaf
    Unripe, tight leaf structure, heavy, narrow. Uniformity, 70 percent; 
injury tolerance 30 percent, of which not over 10 percent may be waste.
B6KK Poor Quality Excessively Scorched Leaf

[[Page 97]]

    Unripe, tight leaf structure, heavy, stringy. Uniformity, 70 
percent; injury tolerance 40 percent, of which not over 20 percent may 
be waste.
B4KV--Fair Quality Variegated Greenish Leaf
    Unripe, firm leaf structure, medium body, normal width. Uniformity, 
70 percent; tolerance, 25 percent waste.
B5KV--Low Quality Variegated Greenish Leaf
    Unripe, firm leaf structure, medium body, narrow. Uniformity, 70 
percent; tolerance, 30 percent waste.
B6KV--Poor Quality Variegated Greenish Leaf
    Unripe, firm leaf structure, medium body, stringy. Uniformity, 70 
percent; tolerance, 40 percent waste.
B3S--Good Quality Slick Leaf
    Unripe, close leaf structure, fleshy, normal width, 16 inches or 
over in length. Uniformity, 80 percent; injury tolerance, 15 percent.
B4S--Fair Quality Slick Leaf
    Unripe, close leaf structure, fleshy, normal width. Uniformity, 70 
percent; injury tolerance, 20 percent, of which not over 5 percent may 
be waste.
B5S--Low Quality Slick Leaf
    Unripe, tight leaf structure, fleshy, narrow. Uniformity, 70 
percent; injury tolerance 30 percent, of which not over 10 percent may 
be waste.
B4G--Fair Quality Green Leaf
    Immature, close leaf structure, fleshy, oily, normal width. 
Uniformity, 70 percent; injury tolerance 20 percent, of which not over 5 
percent may be waste.
B5G--Low Quality Green Leaf
    Immature, tight leaf structure, fleshy, lean in oil, narrow. 
Uniformity, 70 percent; injury tolerance 30 percent, of which not over 
10 percent may be waste.
B6G--Poor Quality Green Leaf
    Immature, tight leaf structure, fleshy, lean in oil, stringy. 
Uniformity, 70 percent; injury tolerance 40 percent, of which not over 
20 percent may be waste.
B5GR--Low Quality Green Red Leaf
    Immature, tight leaf structure, heavy, lean in oil, narrow. 
Uniformity, 70 percent; injury tolerance 30 percent, of which not over 
10 percent may be waste.
B4GK--Fair Quality Green Variegated Leaf
    Immature, close leaf structure, heavy, normal width. Uniformity, 70 
percent; injury tolerance 20 percent, of which not over 5 percent may be 
waste.
B5GK--Low Quality Green Variegated Leaf
    Immature, tight leaf structure, heavy, narrow. Uniformity, 70 
percent; injury tolerance 30 percent, of which not over 10 percent may 
be waste.
B6GK--Poor Quality Green Variegated Leaf
    Immature, tight leaf structure, heavy, stringy. Uniformity, 70 
percent; injury tolerance 40 percent, of which not over 20 percent may 
be waste.
B5GG--Low Quality Gray Green Leaf
    Immature, tight leaf structure, heavy, narrow. Uniformity, 70 
percent; injury tolerance 30 percent, of which not over 10 percent may 
be waste.

[42 FR 21092, Apr. 25, 1977, as amended at 48 FR 29671, June 28, 1983; 
49 FR 16756, Apr. 20, 1984; 51 FR 25028, July 10, 1986]



Sec.  29.1163  Smoking Leaf (H Group).

    This group consists of leaves normally grown at or above the 
midportion of the stalk. Leaves of the H group show a high degree of 
maturity, more open leaf structure in relation to the B Group, and a 
material amount of injury characteristic of very ripe leaf tobacco.

    Grades, Grade Names, Minimum Specifications, and Tolerances
H3F--Good Quality Orange Smoking Leaf
    Mellow, open leaf structure, medium body, lean in oil, strong color 
intensity, normal width, 16 inches or over in length. Uniformity, 80 
percent; injury tolerance, 15 percent.
H4F--Fair Quality Orange Smoking Leaf
    Mellow, open leaf structure, medium body, lean in oil, moderate 
color intensity, normal width. Uniformity, 70 percent; injury tolerance 
20 percent, of which not over 5 percent may be waste.
H5F--Low Quality Orange Smoking Leaf
    Mellow, open leaf structure, medium body, lean in oil, weak color 
intensity, narrow. Uniformity, 70 percent; injury tolerance 30 percent, 
of which not over 10 percent may be waste.
H6F--Poor Quality Orange Smoking Leaf
    Mellow, open leaf structure, medium body, lean in oil, weak color 
intensity, stringy. Uniformity, 70 percent; injury tolerance 40 percent, 
of which not over 20 percent may be waste.
H4FR--Fair Quality Orange Red Smoking Leaf
    Mellow, open leaf structure, fleshy, lean in oil, moderate color 
intensity, normal width. Uniformity, 70 percent; injury tolerance 20 
percent, of which not over 5 percent may be waste.
H5FR--Low Quality Orange Red Smoking Leaf
    Mellow, open leaf structure, fleshy, lean in oil, weak color 
intensity, narrow. Uniformity, 70 percent; injury tolerance 30 percent, 
of which not over 10 percent may be waste.
H6FR--Poor Quality Orange Red Smoking Leaf
    Mellow, open leaf structure, medium body, lean in oil, weak color 
intensity, stringy.

[[Page 98]]

Uniformity, 70 percent; injury tolerance 40 percent, of which not over 
20 percent may be waste.
H4K--Fair Quality Variegated Smoking Leaf
    Mellow, open leaf structure, medium body, lean in oil, moderate 
color intensity, normal width. Uniformity, 70 percent; injury tolerance 
20 percent, of which not over 5 percent may be waste.
H5K--Low Quality Variegated Smoking Leaf
    Mellow, open leaf structure, medium body, lean in oil, weak color 
intensity, narrow. Uniformity, 70 percent; injury tolerance 30 percent, 
of which not over 10 percent may be waste.
H6K--Poor Quality Variegated Smoking Leaf
    Mellow, open leaf structure, medium body, lean in oil, weak color 
intensity, stringy. Uniformity, 70 percent; injury tolerance 40 percent, 
of which not over 20 percent may be waste.

[42 FR 21092, Apr. 25, 1977, as amended at 48 FR 29671, June 28, 1983; 
49 FR 16756, Apr. 20, 1984; 51 FR 25028, July 10, 1986]



Sec.  29.1164  Cutters (C Group).

    This group consists of leaves normally grown at or just below the 
midportion of the stalk. Leaves of the C group have a tendency to roll 
concealing the stem or midrib. Cutters usually have a rounded tip, are 
thin to medium in body, and show some ground injury.

    Grades, Grade Names, Minimum Specifications, and Tolerances
C1L--Choice Quality Lemon Cutters
    Ripe, open leaf structure, medium body, oily, deep color intensity, 
spready, 20 inches or over in length. Uniformity, 90 percent, injury 
tolerance, 5 percent.
C2L--Fine Quality Lemon Cutters
    Ripe, open leaf structure, thin, oily, deep color intensity, 
spready, 20 inches or over in length. Uniformity, 85 percent; injury 
tolerance, 10 percent.
C3L--Good Quality Lemon Cutters
    Ripe, open leaf structure, thin, oily, strong color intensity, 
spready, 18 inches or over in length. Uniformity, 80 percent; injury 
tolerance, 15 percent.
C4L--Fair Quality Lemon Cutters
    Ripe, open leaf structure, thin, lean in oil, moderate color 
intensity, normal width, 16 inches or over in length. Uniformity, 70 
percent; injury tolerance 20 percent, of which not over 5 percent may be 
waste.
C5L--Low Quality Lemon Cutters
    Ripe, open leaf structure, thin, lean in oil, weak color intensity, 
normal width, 16 inches or over in length. Uniformity, 70 percent; 
injury tolerance 30 percent, of which not over 10 percent may be waste.
C4LL--Fair Quality Whitish-Lemon Cutters
    Unripe, firm leaf structure, thin (papery), lean in oil, normal 
width, 16 inches or over in length. Uniformity, 70 percent; injury 
tolerance 20 percent, of which not over 5 percent may be waste.
C5LL Low Quality Whitish-Lemon Cutters
    Unripe, firm leaf structure, thin (papery), lean in oil, normal 
width, 16 inches (40.6 cm) or over in length. Uniformity, 70 percent; 
injury tolerance 30 percent, of which not over 10 percent may be waste.
C5LP--Low Quality Lemon Cutters (Primings Side)
    Prematurely ripe, open leaf structure, thin, lean in oil, pale color 
intensity, normal width, 16 inches or over in length. Uniformity, 70 
percent; injury tolerance 30 percent, of which not over 10 percent may 
be waste.
C1F--Choice Quality Orange Cutters
    Ripe, open leaf structure, medium body, oily, deep color intensity, 
spready, 20 inches or over in length. Uniformity, 90 percent; injury 
tolerance, 5 percent.
C2F--Fine Quality Orange Cutters
    Ripe, open leaf structure, medium body, oily, deep color intensity, 
spready, 20 inches or over in length. Uniformity, 85 percent; injury 
tolerance, 10 percent.
C3F--Good Quality Orange Cutters
    Ripe, open leaf structure, medium body, oily, strong color 
intensity, spready, 18 inches or over in length. Uniformity, 80 percent; 
injury tolerance, 15 percent.
C4F--Fair Quality Orange Cutters
    Ripe, open leaf structure, medium body, lean in oil, moderate color 
intensity, normal width, 16 inches or over in length. Uniformity, 70 
percent; injury tolerance 20 percent, of which not over 5 percent may be 
waste.
C5F--Low Quality Orange Cutters
    Ripe, open leaf structure, medium body, lean in oil, weak color 
intensity, normal width, 16 inches or over in length. Uniformity, 70 
percent; injury tolerance 30 percent, of which not over 10 percent may 
be waste.
C5FP--Low Quality Orange Cutters (Primings Side)
    Prematurely ripe, open leaf structure, medium body, lean in oil, 
pale color intensity, normal width, 16 inches or over length. 
Uniformity, 70 percent; injury tolerance 30 percent, or which not over 
10 percent may be waste.
C4KR--Fair Quality Variegated Red or Scorched Cutters
    Ripe, open leaf structure, medium body, lean in oil, moderate color 
intensity, normal width, 16 inches or over in length. Uniformity, 70 
percent; injury tolerance 20 percent, of which not over 5 percent may be 
waste.
C4V--Fair Quality Greenish Cutters
    Mature, open leaf structure, medium body, lean in oil, normal width, 
16 inches or over in

[[Page 99]]

length. Uniformity, 70 percent; injury tolerance 20 percent, of which 
not over 5 percent may be waste.
C4KL--Fair Quality Variegated Lemon Cutters
    Unripe, close leaf structure, medium body, normal width, 16 inches 
or over in length. Uniformity, 70 percent; injury tolerance 20 percent, 
of which not over 5 percent may be waste.
C4KF--Fair Quality Variegated Orange Cutters
    Unripe, close leaf structure, medium body, normal width, 16 inches 
or over in length. Uniformity, 70 percent; injury tolerance 20 percent, 
of which not over 5 percent may be waste.
C4KM--Fair Quality Variegated Mixed Cutters
    Unripe, close leaf structure, medium body, normal width, 16 inches 
or over in length. Uniformity, 70 percent; injury tolerance 20 percent, 
of which not over 5 percent may be waste.
C4KK Fair Quality Excessively Scorched Cutters
    Unripe, close leaf structure, medium body, normal width, 16 inches 
(40.6 cm) or over in length. Uniformity, 70 percent; injury tolerance, 
20 percent, of which not over 5 percent may be waste.
C4S--Fair Quality Slick Cutters
    Unripe, close leaf structure, medium body, normal width, 16 inches 
or over in length. Uniformity, 70 percent; injury tolerance 20 percent, 
of which not over 5 percent may be waste.
C4G--Fair Quality Green Cutters
    Immature, close leaf structure, medium body, lean in oil, normal 
width, 16 inches or over in length. Uniformity, 70 percent; injury 
tolerance 20 percent, of which not over 5 percent may be waste.
C4GK--Fair Quality Green Variegated Cutters
    Immature, close leaf structure, medium body, normal width, 16 inches 
or over in length. Uniformity, 70 percent; injury tolerance 20 percent, 
of which not over 5 percent may be waste.

[42 FR 21092, Apr. 25, 1977, as amended at 48 FR 29671, June 28, 1983; 
49 FR 16756, Apr. 20, 1984; 51 FR 25028, July 10, 1986]



Sec.  29.1165  Lugs (X Group).

    This group consists of leaves normally grown near the bottom of the 
stalk. Leaves of the X group usually have a blunt tip and open face; 
they show some ground injury characteristic of the group.

    Grades, Grade Names, Minimum Specifications, and Tolerances
X1L--Choice Quality Lemon Lugs
    Ripe, open leaf structure, thin, oily, strong color intensity. 
Uniformity, 80 percent; injury tolerance 20 percent, of which not over 5 
percent may be waste.
X2L--Fine Quality Lemon Lugs
    Ripe, open leaf structure, thin, oily, strong color intensity. 
Uniformity, 75 percent; injury tolerance 25 percent, of which not over 
10 percent may be waste.
X3L--Good Quality Lemon Lugs
    Ripe, open leaf structure, thin, lean in oil, moderate color 
intensity. Uniformity, 70 percent; injury tolerance 40 percent, of which 
not over 20 percent may be waste.
X4L--Fair Quality Lemon Lugs
    Ripe, open leaf structure, thin, lean in oil, weak color intensity. 
Uniformity, 70 percent; tolerance, 30 percent waste.
X5L--Low Quality Lemon Lugs
    Ripe, open leaf structure, thin, lean in oil, pale color intensity. 
Uniformity, 70 percent; tolerance, 40 percent waste.
X3LL Good Quality Whitish-Lemon Lugs
    Unripe, firm leaf structure, thin (papery), lean in oil. Uniformity, 
70 percent; injury tolerance 40 percent, of which not over 20 percent 
may be waste.
X4LL--Fair Quality Whitish-Lemon Lugs
    Unripe, firm leaf structure, thin (papery), lean in oil. Uniformity, 
70 percent; tolerance, 30 percent waste.
X1F--Choice Quality Orange Lugs
    Ripe, open leaf structure, medium body, oily, strong color 
intensity. Uniformity, 80 percent; injury tolerance 20 percent, of which 
not over 5 percent may be waste.
X2F--Fine Quality Orange Lugs
    Ripe, open leaf structure, medium body, oily, strong color 
intensity. Uniformity, 75 percent; injury tolerance 25 percent, of which 
not over 10 percent may be waste.
X3F--Good Quality Orange Lugs
    Ripe, open leaf structure, medium body, lean in oil, moderate color 
intensity. Uniformity, 70 percent; injury tolerance 40 percent, of which 
not over 20 percent may be waste.
X4F--Fair Quality Orange Lugs
    Ripe, open leaf structure, medium body, lean in oil, weak color 
intensity. Uniformity, 70 percent; tolerance, 30 percent waste.
X5F--Low Quality Orange Lugs
    Ripe, open leaf structure, medium body, lean in oil, pale color 
intensity. Uniformity, 70 percent; tolerance, 40 percent waste.
X3KR--Good Quality Variegated Red or Scorched Lugs
    Ripe, open leaf structure, medium body, lean in oil, moderate color 
intensity. Uniformity, 70 percent, injury tolerance 40 percent, of which 
not over 20 percent may be waste.
X4KR--Fair Quality Variegated Red or Scorched Lugs
    Ripe, open leaf structure, medium body, lean in oil, weak color 
intensity. Uniformity, 70 percent; tolerance, 30 percent waste.

[[Page 100]]

X3V--Good Quality Greenish Lugs
    Mature, open leaf structure, medium body, lean in oil. Uniformity, 
70 percent; injury tolerance 40 percent, of which not over 20 percent 
may be waste.
X4V--Fair Quality Greenish Lugs
    Mature, open leaf structure, medium body, lean in oil. Uniformity, 
70 percent; tolerance, 30 percent waste.
X4KL--Fair Quality Variegated Lemon Lugs
    Unripe, close leaf structure, thin. Uniformity, 70 percent; 
tolerance, 30 percent waste.
X4KF--Fair Quality Variegated Orange Lugs
    Unripe, close leaf structure, medium body. Uniformity, 70 percent; 
tolerance, 30 percent waste.
X4KV--Fair Quality Variegated Greenish Lugs
    Unripe, firm leaf structure, medium body. Uniformity, 70 percent; 
tolerance, 30 percent waste.
X3KM--Good Quality Variegated Mixed Lugs
    Unripe, close leaf structure, medium body. Uniformity, 70 percent; 
injury tolerance 40 percent, of which not over 20 percent may be waste.
X4KM--Fair Quality Variegated Mixed Lugs
    Unripe, close leaf structure, medium body. Uniformity, 70 percent; 
tolerance, 30 percent waste.
X3S--Good Quality Slick Lugs
    Unripe, close leaf structure, medium body. Uniformity, 70 percent; 
injury tolerance 40 percent, of which not over 20 percent may be waste.
X4S--Fair Quality Slick Lugs
    Unripe, close leaf structure, medium body. Uniformity, 70 percent; 
tolerance, 30 percent waste.
X4G--Fair Quality Green Lugs
    Immature, firm leaf structure, medium body, lean in oil. Uniformity, 
70 percent; tolerance, 30 percent waste.
X5G--Low Quality Green Lugs
    Immature, firm leaf structure, medium body, lean in oil. Uniformity, 
70 percent; tolerance, 40 percent waste.
X4GK--Fair Quality Green Variegated Lugs
    Immature, close leaf structure, medium body. Uniformity, 70 percent; 
tolerance, 30 percent waste.

[42 FR 21092, Apr. 25, 1977, as amended at 48 FR 29671, June 28, 1983; 
49 FR 16756, Apr. 20, 1984; 51 FR 25028, July 10, 1986]



Sec.  29.1166  Primings (P Group).

    This group consists of round-tipped leaves from the lowest portion 
of the stalk. Leaves of the P group ripen prematurely as a result of 
starvation and show a material amount of injury characteristic of leaves 
grown close to the ground.

    Grades, Grade Names, Minimum Specifications, and Tolerances
P2L--Fine Quality Lemon Primings
    Prematurely ripe, open leaf structure, thin, oily, moderate color 
intensity. Uniformity, 75 percent; injury tolerance 25 percent, of which 
not over 10 percent may be waste.
P3L--Good Quality Lemon Primings
    Prematurely ripe, open leaf structure, thin, lean in oil, weak color 
intensity. Uniformity, 70 percent; injury tolerance 40 percent, of which 
not over 20 percent may be waste.
P4L--Fair Quality Lemon Primings
    Prematurely ripe, open leaf structure, thin, lean in oil, pale color 
intensity. Uniformity, 70 percent; tolerance, 30 percent waste.
P5L--Low Quality Lemon Primings
    Prematurely ripe, open leaf structure, thin, lean in oil, pale color 
intensity. Uniformity, 70 percent; tolerance, 40 percent waste.
P2F--Fine Quality Orange Primings
    Prematurely ripe, open leaf structure, medium body, oily, moderate 
color intensity. Uniformity, 75 percent; injury tolerance 25 percent, of 
which not over 10 percent may be waste.
P3F--Good Quality Orange Primings
    Prematurely ripe, open leaf structure, medium body, lean in oil, 
weak color intensity. Uniformity, 70 percent; injury tolerance 40 
percent, of which not over 20 percent may be waste.
P4F--Fair Quality Orange Primings
    Prematurely ripe, open leaf structure, medium body, lean in oil, 
pale color intensity. Uniformity, 70 percent; tolerance, 30 percent 
waste.
P5F--Low Quality Orange Primings
    Prematurely ripe, open leaf structure, medium body, lean in oil, 
pale color intensity. Uniformity, 70 percent; tolerance, 40 percent 
waste.
P4G--Fair Quality Green Primings
    Immature, firm leaf structure, medium body, lean in oil. Uniformity, 
70 percent; tolerance, 30 percent waste.
P5G--Low Quality Green Primings
    Immature, firm leaf structure, medium body, lean in oil. Uniformity, 
70 percent; tolerance, 40 percent waste.

[42 FR 21092, Apr. 25, 1977, as amended at 49 FR 16756, Apr. 20, 1984]



Sec.  29.1167  Mixed (M Group).

    This group consists of tobacco from three or more groups or two 
distinctly different groups which are mixed together in various 
combinations.

    Grades, Grade Names, Minimum Specifications, and Tolerances
M4F--Fair Quality Mixed Groups

[[Page 101]]

    Ripe, firm leaf structure, heavy, lean in oil. Injury tolerance 30 
percent, of which not over 10 percent may be waste.
M5F--Low Quality Mixed Groups
    Ripe, firm leaf structure, heavy, lean in oil. Injury tolerance 40 
percent, of which not over 20 percent may be waste.
M4KR--Fair Quality Variegated Red or Scorched Mixed Groups
    Ripe, firm leaf structure, fleshy, lean in oil. Injury tolerance 30 
percent, of which not over 10 percent may be waste.
M4KM--Fair Quality Variegated Mixed Groups
    Unripe, close leaf structure, heavy. Injury tolerance 30 percent, of 
which not over 10 percent may be waste.
M5KM--Low Quality Variegated Mixed Groups
    Unripe, tight leaf structure, heavy. Injury tolerance 40 percent, of 
which not over 20 percent may be waste.
M4GK--Fair Quality Green Variegated Mixed Groups
    Immature, close leaf structure, heavy. Injury tolerance 30 percent, 
of which not over 10 percent may be waste.
M5GK--Low Quality Green Variegated Mixed Groups
    Immature, tight leaf structure, heavy. Injury tolerance, 40 percent, 
of which not over 20 percent may be waste.

[49 FR 16756, Apr. 20, 1984]



Sec.  29.1168  Nondescript (N Group).

    Extremely common tobacco which does not meet the minimum 
specifications or which exceeds the tolerance of the lowest grade of any 
other group except Scrap.

    Grades, Grade Names, Minimum Specifications, and Tolerances
N1L--
    Best Nondescript from the P Group
    Tolerance: 50 percent waste.
N1XL--
    Best Nondescript from the X Group
    Tolerance: 50 percent waste.
N1K--
    Best Nondescript from the B or H Groups
    Tolerance: 50 percent injury or waste.
N1R--
    Best, Heavy, Dark-colored Nondescript from the B Group
    Tolerance: 50 percent injury or waste.
N1KV--
    Best, Variegated, Medium-bodied Greenish Nondescript from the B 
Group
    Tolerance: 50 percent waste.
N1GL--
    Best, Thin, Crude Green Nondescript from the P or X Groups
    Tolerance: 50 percent crude or waste.
N1GF--
    Best, Fleshy, Medium-colored, Crude Green Nondescript from the B 
Group
    Tolerance: 50 percent crude, injury or waste.
N1GR--
    Best, Heavy, Dark-colored, Crude Green Nondescript from the B Group
    Tolerance: 50 percent crude, injury or waste.
N1GG--
    Best, Crude, Gray Green Nondescript from the B Group
    Tolerance: 50 percent crude, injury or waste.
N1PO--
    Oxidized Tobacco from the P Group
    Tolerance: 50 percent waste.
N1XO--
    Oxidized Tobacco from the X or C Groups
    Tolerance: 50 percent waste.
N1BO--
    Oxidized Tobacco from the B or H Groups
    Tolerance: 50 percent injury or waste.
N2--
    Poorest Nondescript of any Group or Color
    Tolerance: Over 50 percent crude, injury or waste.
    Pursuant to Rule 25, this grade also includes crude or green tobacco 
containing 10 percent or less of oxidized.

[54 FR 7926, Feb. 24, 1989]



Sec.  29.1169  Scrap (S Group).

    A byproduct of stemmed and unstemmed tobacco. Scrap accumulates from 
handling tobacco in farm buildings, warehouses, packing and conditioning 
plants, and stemmeries.

    Grade, Grade Name and Specifications
S--Scrap. Loose, whole, or broken unstemmed leaves; or the web portion 
of tobacco leaves reduced to scrap by any process.

[42 FR 21092, Apr. 25, 1977, as amended at 49 FR 16756, Apr. 20, 1984]

                       summary of standard grades



Sec.  29.1181  Summary of standard grades.

                            23 Grades of Leaf
------------------------------------------------------------------------
 
------------------------------------------------------------------------
B1L            B1F            B1FR
B2L            B2F            B2FR
B3L            B3F            B3FR           .............  B3K
B4L            B4F            B4FR           .............  B4K
B5L            B5F            B5FR           B5R            B5K
B6L            B6F            B6FR           .............  B6K
------------------------------------------------------------------------


                        10 Grades of Smoking Leaf
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                   H3F
                   H4F                H4FR              H4K
                   H5F                H5FR              H5K
                   H6F                H6FR              H6K
------------------------------------------------------------------------


[[Page 102]]


                          10 Grades of Cutters
------------------------------------------------------------------------
 
------------------------------------------------------------------------
C1L                                  C1F
C2L                                  C2F
C3L                                  C3F
C4L                                  C4F
C5L                                  C5F
------------------------------------------------------------------------


                            10 Grades of Lugs
------------------------------------------------------------------------
 
------------------------------------------------------------------------
X1L                                  X1F
X2L                                  X2F
X3L                                  X3F
X4L                                  X4F
X5L                                  X5F
------------------------------------------------------------------------


                          8 Grades of Primings
------------------------------------------------------------------------
 
------------------------------------------------------------------------
P2L                                  P2F
P3L                                  P3F
P4L                                  P4F
P5L                                  P5F
------------------------------------------------------------------------


                          6 Grades of Greenish
------------------------------------------------------------------------
 
------------------------------------------------------------------------
B3V                      .......................  X3V
B4V                      C4V                      X4V
B5V
------------------------------------------------------------------------


                                             20 Grades of Variegated
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
B3KL         B3KF         B3KD
B4KL         B4KF         B4KD         B4KV         C4KL         C4KF         X4KL        X4KF        X4KV
B5KL         B5KF         B5KD         B5KV
B6KL         B6KF         B6KD         B6KV
----------------------------------------------------------------------------------------------------------------



                             7 Mixed Grades
------------------------------------------------------------------------
 
------------------------------------------------------------------------
M4F                M4KR               M4KM              M4GK
M5F                .................  M5KM              M5GK
------------------------------------------------------------------------



                                               15 Grades of Green
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
B4G          ...........  B4GK         ...........  C4G          C4GK         X4G         X4GK        P4G
B5G          B5GR         B5GK         B5GG         ...........  ...........  X5G         ..........  P5G
B6G          ...........  B6GK
----------------------------------------------------------------------------------------------------------------


                      7 Grades of Variegated Mixed
------------------------------------------------------------------------
 
------------------------------------------------------------------------
B3KM                        .........................  X3KM
B4KM                        C4KM                       X4KM
B5KM
B6KM                        .........................  .................
------------------------------------------------------------------------


                 6 Grades of Variegated Red or Scorched
------------------------------------------------------------------------
 
------------------------------------------------------------------------
B3KR                        .........................  X3KR
B4KR                        C4KR                       X4KR
B5KR                        .........................  .................
------------------------------------------------------------------------


                    5 Grades of Excessively Scorched
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                                     B3KK
                                     B4KK
                                     B5KK
                                     B6KK
                                     C4KK
------------------------------------------------------------------------


                            6 Grades of Slick
------------------------------------------------------------------------
 
------------------------------------------------------------------------
B3S                         .........................  X3S
B4S                         C4S                        X4S
B5S                         .........................  .................
------------------------------------------------------------------------


                        4 Grades of Whitish-Lemon
------------------------------------------------------------------------
 
------------------------------------------------------------------------
X3LL                                 C4LL
X4LL                                 C5LL
------------------------------------------------------------------------


                   2 Grades of Cutters (Primings Side)
------------------------------------------------------------------------
 
------------------------------------------------------------------------
C5LP                                 C5FP
------------------------------------------------------------------------


                        13 Grades of Nondescript
------------------------------------------------------------------------
 
------------------------------------------------------------------------
N1L                         N1KV                       N1GG
N1XL                        N1GL                       N1PO
N1K                         N1GF                       N1XO
N1R                         N1GR                       N1BO
                            .........................  N2
------------------------------------------------------------------------


                            1 Grade of Scrap
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                            S                          .................
------------------------------------------------------------------------

    Special factors ``U'' (unsound), ``W'' (doubtful-keeping order), 
``S'' (strip), and ``M'' (mixed) may be applied to all grades. The 
special factors ``dirt'' or ``sand'' may be applied to any grade in the 
Primings group, including first quality Nondescript from the Primings 
group. Tobacco not covered by the standard grades is designated ``No-
G,'' ``No-G-F,'' or ``No-G-Nested.''

[48 FR 29671, June 28, 1983, as amended at 49 FR 16756, Apr. 20, 1984; 
51 FR 25028, July 10, 1986; 52 FR 28534, July 31, 1987; 60 FR 36028, 
July 13, 1995]

[[Page 103]]

                       key to standard grademarks



Sec.  29.1225  Key to standard grademarks.

                                 Groups

    B--Leaf. H--Smoking Leaf. C--Cutters. X--Lugs. P--Primings. M--Mixed 
Group. N--Nondescript. S--Scrap.

                                Qualities

    1--Choice. 2--Fine. 3--Good. 4--Fair. 5--Low. 6--Poor.

                              Color Symbols

    L--Lemon. LL--Whitish-lemon. F--Orange. FR--Orange red. R--Red. K--
Variegated. KR--Variegated red or scorched. G--Green. V--Greenish. GR--
Green red. GK--Green variegated. GG--Gray green. KL--Variegated lemon. 
KF--Variegated orange. KV--Variegated greenish. KM--Variegated mixed. 
KD--Variegated dark red. LL--Whitish-lemon.

                           Combination Symbols

    XL--Lug side. PO--Oxidized primings, XO--Oxidized lugs or cutters. 
BO--Oxidized leaf or smoking leaf. GL--Thin-bodied nondescript. GF--
Medium-bodied nondescript. LP--Lemon (primings side). FP--Orange 
(primings side). KK--Excessively scorched.

                             Special Symbol

    S--Slick.

[42 FR 21092, Apr. 25, 1977, as amended at 48 FR 29672, June 28, 1983; 
49 FR 16757, Apr. 20, 1984; 51 FR 25028, July 10, 1986; 52 FR 28534, 
July 31, 1987]

 Official Standard Grades for Virginia Fire-Cured Tobacco (U.S. Type 21)

    Authority: Sections 29.2251 to 29.2481, issued under 7 U.S.C. 511m 
and 511r.

    Source: Sections 29.2251 through 29.2481 appear at 37 FR 13521, July 
11, 1972, unless otherwise noted.

                               definitions



Sec.  29.2251  Definitions.

    As used in these standards, the words and phrases hereinafter 
defined shall have the indicated meanings so assigned.



Sec.  29.2252  Air-dried.

    The condition of unfermented tobacco as customarily prepared for 
storage under natural atmospheric conditions.



Sec.  29.2253  Body.

    The thickness and density of a leaf or the weight per unit of 
surface. (See chart, Sec.  29.2351.)



Sec.  29.2254  Brown colors.

    A group of colors ranging from a reddish brown to yellowish brown. 
These colors vary from low to medium saturation and from very low to 
medium brilliance. As used in these standards, the range is expressed as 
light brown (L), medium brown (F), and dark brown (D).



Sec.  29.2255  Class.

    A major division of tobacco based on method of cure or principal 
usage.



Sec.  29.2256  Clean.

    Tobacco is described as clean when it contains only a normal amount 
of sand or soil particles. Leaves grown on the lower portion of the 
stalk normally contain more dirt or sand than those from higher stalk 
positions. (See Rule 4, Sec.  29.2395.)



Sec.  29.2257  Color.

    The third factor of a grade based on the relative hues, saturation 
or chroma, and color values common to the type.



Sec.  29.2258  Color intensity.

    The varying degree of saturation or chroma. Color intensity as 
applied to tobacco describes the strength or weakness of a specific 
color or hue. It is applicable to brown colors. (See chart, Sec.  
29.2351.)



Sec.  29.2259  Color symbols.

    As applied to this type, color symbols are: L--light brown, F--
medium brown, D--dark brown, M--mixed or variegated, G--green, GL--light 
green, and GD--dark green.

[45 FR 47115, July 14, 1980]



Sec.  29.2260  Condition.

    The state of tobacco which results from the method of preparation or 
from the degree of fermentation. Words used to describe the condition of 
tobacco are undried, air-dried, steam-dried, sweating, sweated, and 
aged.

[[Page 104]]



Sec.  29.2261  Crude.

    A subdegree of maturity. Crude leaves are usually hard and slick as 
a result of extreme immaturity. A similar condition may result from 
fire-kill, sunburn, or sunscald. Any leaf which is crude to the extent 
of 20 percent or more of its surface may be described as crude. (See 
Rule 19, Sec.  29.2410.)



Sec.  29.2262  Cured.

    Tobacco dried of its sap by either natural or artificial processes.



Sec.  29.2263  Damage.

    The effect of mold, must, rot, black rot, or other fungous or 
bacterial diseases which attack tobacco in its cured state. Tobacco 
having the odor of mold, must, or rot is considered damaged. (See Rule 
20, Sec.  29.2411.)



Sec.  29.2264  Dirty.

    The state of tobacco containing an abnormal amount of dirt or sand, 
or tobacco to which additional quantities of dirt or sand have been 
added. (See Rule 22, Sec.  29.2413.)



Sec.  29.2265  Elasticity.

    The flexible, springy nature of the tobacco leaf to recover 
approximately its original size and shape after it has been stretched. 
(See chart, Sec.  29.2351.)



Sec.  29.2266  Elements of quality.

    Physical characteristics used to determine the quality of tobacco. 
Words selected to describe degrees within each element are shown in the 
chart in Sec.  29.2351.



Sec.  29.2267  Fiber.

    The term applied to the veins in a tobacco leaf. The large central 
vein is called the midrib or stem. The smaller lateral and cross veins 
are considered from the standpoint of size and color.



Sec.  29.2268  Finish.

    The reflectance factor in color perception. Finish indicates the 
sheen or shine of the surface of a tobacco leaf. (See chart, Sec.  
29.2351.)



Sec.  29.2269  Fire-cured.

    Tobacco cured under artificial atmospheric conditions by the use of 
open fires from which the smoke and fumes of burning wood are partly 
absorbed by the tobacco.



Sec.  29.2270  Foreign matter.

    Any extraneous substance or material such as stalks, suckers, straw, 
strings, rubber bands, and abnormal amounts of dirt or sand. (See Rule 
22, Sec.  29.2413.)



Sec.  29.2271  Form.

    The stage of preparation of tobacco such as unstemmed or stemmed.



Sec.  29.2272  Grade.

    A subdivision of a type according to group, quality, and color.



Sec.  29.2273  Grademark.

    A grademark normally consists of three symbols which indicate group, 
quality, and color. A letter is used to indicate group, a number to 
indicate quality, and a letter or letters to indicate color. For 
example, B3D means Heavy Leaf, good quality, and dark-brown color.



Sec.  29.2274  Green (G).

    A term applied to green-colored tobacco. Any leaf which has a green 
color affecting 20 percent or more of its surface may be described as 
green. (See Rule 18, Sec.  29.2409.)



Sec.  29.2275  Group.

    A division of a type covering closely related grades based on 
certain characteristics which are usually related to stalk position, 
body, or the general quality of the tobacco. Groups in this type are 
Wrappers (A), Heavy Leaf (B), Thin Leaf (C), Lugs (X), Nondescript (N), 
and Scrap (S).



Sec.  29.2276  Injury.

    Hurt or impairment from any cause except the fungous or bacterial 
diseases which attack tobacco in its cured state. (See Rule 16, Sec.  
29.2407.)



Sec.  29.2277  Leaf scrap.

    A byproduct of unstemmed tobacco. Leaf scrap results from handling 
unstemmed tobacco and consists of tangled whole or broken leaves.

[[Page 105]]



Sec.  29.2278  Leaf structure.

    The cell development of a leaf as indicated by its porosity. (See 
chart, Sec.  29.2351.)



Sec.  29.2279  Length.

    The linear measurement of cured tobacco leaves from the butt of the 
midrib to the extreme tip.



Sec.  29.2280  Lot.

    A pile, basket, bulk, or more than one bale, case, hogshead, tierce, 
package, or other definite package unit.



Sec.  29.2281  Maturity.

    The degree of ripeness. (See chart, Sec.  29.2351.)



Sec.  29.2282  Mixed color or variegated (M).

    Distinctly different colors of the type mingled together, or any 
leaf of which 20 percent or more of its surface is off brown, grayish, 
mottled, or bleached and does not blend with the normal colors of the 
type or group. (See Rule 17, Sec.  29.2408.)



Sec.  29.2283  Nested.

    Any tobacco which has been loaded, packed, or arranged to conceal 
foreign matter or tobacco of inferior grade, quality, or condition. (See 
Rule 22, Sec.  29.2413.)



Sec.  29.2284  No grade.

    A designation applied to a lot of tobacco classified as nested, 
offtype, rework, semicured, or premature primings; tobacco that is 
damaged 20 percent or more, abnormally dirty, extremely wet or watered, 
contains foreign matter, or has an odor foreign to the type. (See Rule 
22, Sec.  29.2413.)



Sec.  29.2285  Offtype.

    Tobacco of distinctly different characteristics which cannot be 
classified as Fire-cured, U.S. Type 21. (See Rule 22, Sec.  29.2413.)



Sec.  29.2286  Oil.

    A soft, semifluid constituent of tobacco. (See chart, Sec.  
29.2351.)



Sec.  29.2287  Order (case).

    The state of tobacco with respect to its moisture content.



Sec.  29.2288  Package.

    A hogshead, tierce, case, bale, or other securely enclosed parcel or 
bundle.



Sec.  29.2289  Packing.

    A lot of tobacco consisting of a number of packages submitted as one 
definite unit for sampling or inspection. It is represented to contain 
the same kind of tobacco and has a common identification number or mark 
on each package.



Sec.  29.2290  Premature primings.

    Ground leaves harvested before reaching complete growth and 
development. These leaves lack body and strength. (See Rule 22, Sec.  
29.2413.)



Sec.  29.2291  Quality.

    A division of a group or the second factor of a grade based on the 
relative degree of one or more elements of quality.



Sec.  29.2292  Resweated.

    The condition of tobacco which has passed through a second 
fermentation under abnormally high temperatures or refermented with a 
relatively high percentage of moisture. Resweated includes tobacco which 
has been dipped or reconditioned after its first fermentation and put 
through a forced or artificial sweat.



Sec.  29.2293  Rework.

    Any lot of tobacco which needs to be resorted or otherwise reworked 
to prepare it properly for market, including: (a) Tobacco which is so 
mixed that it cannot be classified properly in any grade of the type, 
because the lot contains a substantial quantity of two or more 
distinctly different grades which should be separated by sorting; (b) 
tobacco which contains an abnormally large quantity of foreign matter or 
an unusual number of muddy or extremely dirty leaves which should be 
removed; and (c) tobacco not packed straight or otherwise not properly 
prepared for market. (See Rule 22, Sec.  29.2413.)

[[Page 106]]



Sec.  29.2294  Semicured.

    Tobacco in the process of being cured or which is partially but not 
thoroughly cured. Semicured includes tobacco which contains fat stems, 
wet butts, swelled stems, or stems that have not been thoroughly dried 
in the curing process. (See Rule 22, Sec.  29.2413.)



Sec.  29.2295  Semifired (SF).

    Tobacco that is partially or lightly smoked or has not received the 
amount of smoke that is characteristic of fire-cured tobacco.

[51 FR 40406, Nov. 7, 1986]



Sec.  29.2296  Side.

    A certain phase of quality, color, or length as contrasted with some 
other phase of quality, color, or length; or any peculiar 
characteristics of tobacco.

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec.  29.2297  Size.

    The length of tobacco leaves. (See chart, Sec.  29.2371.)

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec.  29.2298  Sound.

    Free of damage.

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec.  29.2299  Special factor.

    A symbol or term authorized to be used with specified grades. 
Tobacco to which a special factor is applied may meet the general 
specifications but has a peculiar side or characteristic which tends to 
modify the grade. (See Rule 10, Sec.  29.2401.)

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec.  29.2300  Steam-dried.

    The condition of unfermented tobacco as customarily prepared for 
storage by means of a redrying machine or other steam-conditioning 
equipment.

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec.  29.2301  Stem.

    The midrib or large central vein of a tobacco leaf.

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec.  29.2302  Stemmed.

    A form of tobacco, including strips and strip scrap, from which the 
stems or midribs have been removed.

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec.  29.2303  Strength.

    The stress a tobacco leaf can bear without tearing. (See chart, 
Sec.  29.2351.)

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec.  29.2304  Strips.

    The sides of a tobacco leaf from which the stem has been removed or 
a lot of tobacco composed of strips.

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec.  29.2305  Subgrade.

    Any grade modified by a special factor symbol.

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec.  29.2306  Sweated.

    The condition of tobacco which has passed through one or more 
fermentations natural to tobacco packed with a normal percentage of 
moisture. This condition is sometimes described as aged.

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec.  29.2307  Sweating.

    The condition of tobacco in the process of fermentation.

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec.  29.2308  Tobacco.

    Tobacco as it appears between the time it is cured and stripped from 
the stalk, or primed and cured, and the time it enters into the 
different manufacturing processes. The acts of stemming, sweating, and 
conditioning are

[[Page 107]]

not regarded as manufacturing processes. Tobacco, as used in these 
standards, does not include manufactured or semimanufactured products, 
stems, cuttings, clippings, trimmings, siftings, or dust.

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec.  29.2309  Tobacco products.

    Manufactured tobacco, including cigarettes, cigars, smoking tobacco, 
chewing tobacco, and snuff.

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec.  29.2310  Type.

    A division of a class of tobacco having certain common 
characteristics and closely related grades. Tobacco which has the same 
characteristics and corresponding qualities, colors, and lengths is 
classified as one type, regardless of any factors of historical or 
geographical nature which cannot be determined by an examination of the 
tobacco.

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec.  29.2311  Type 21.

    That type of fire-cured tobacco, known as Virginia Fire-cured or 
Dark-fired, produced principally in the Piedmont and mountain sections 
of Virginia.

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec.  29.2312  Undried.

    The condition of unfermented tobacco which has not been air-dried or 
steam-dried.

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec.  29.2313  Uniformity.

    An element of quality which describes the consistency of a lot of 
tobacco as it is prepared for market. Uniformity is expressed as a 
percentage in grade specifications. (See Rule 15, Sec.  29.2406.)

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec.  29.2314  Unsound (U).

    Damaged under 20 percent. (See Rule 20, Sec.  29.2411.)

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec.  29.2315  Unstemmed.

    A form of tobacco, including whole leaf and leaf scrap, from which 
the stems or midribs have not been removed.

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec.  29.2316  Wet (W).

    Any sound tobacco containing excessive moisture to the extent that 
it is in unsafe or doubtful-keeping order. Wet applies to any tobacco 
which is not damaged but which is likely to damage if treated in the 
customary manner. (See Rule 21, Sec.  29.2412.) (For extremely wet or 
watered tobacco, see Rule 22, Sec.  29.2413.)

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec.  29.2317  Width.

    The relative breadth of a tobacco leaf expressed in relation to its 
length. (See chart, Sec.  29.2351.)

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]

                           elements of quality



Sec.  29.2351  Elements of quality and degrees of each element.

    Tobacco attributes or characteristics which constitute quality are 
designated as elements of quality. The range within each element is 
expressed by words or terms designated as degrees. These degrees are 
arranged to show their relative value and are used in determining the 
quality of tobacco. The actual value of each degree varies with group.

----------------------------------------------------------------------------------------------------------------
               Elements                                                 Degrees
----------------------------------------------------------------------------------------------------------------
Body.................................  Thin...................  Medium.................  Heavy.
Maturity.............................  Immature...............  Mature.................  Ripe.
Leaf structure.......................  Close..................  Firm...................  Open.
Oil..................................  Lean...................  Oily...................  Rich.
Elasticity...........................  Inelastic..............  Semielastic............  Elastic.
Strength.............................  Weak...................  Normal.................  Strong.
Finish...............................  Dull...................  Clear..................  Bright.
Color Intensity......................  Pale...................  Moderate...............  Deep.

[[Page 108]]

 
Width................................  Narrow.................  Normal.................  Spready Broad.
----------------------------------------------------------------------------------------------------------------
Uniformity. Expressed in percentages.
Injury tolerance. Expressed in percentages.

                                  sizes



Sec.  29.2371  Standard sizes. \1\

------------------------------------------------------------------------
                             Inches                                Size
------------------------------------------------------------------------
12-20...........................................................       1
20-28...........................................................       2
Over 28.........................................................       3
------------------------------------------------------------------------
\1\ The application of sizes is governed by the major portion of the lot
  or package.


[51 FR 40406, Nov. 7, 1986]

                                  rules



Sec.  29.2391  Rules.

    The application of these official standard grades shall be in 
accordance with the following rules.



Sec.  29.2392  Rule 1.

    Each grade shall be treated as a subdivision of a particular type. 
When the grade is stated in an inspection certificate, the type also 
shall be stated.



Sec.  29.2393  Rule 2.

    The determination of a grade shall be based upon a thorough 
examination of a lot of tobacco or of an official sample of the lot.



Sec.  29.2394  Rule 3.

    In drawing an official sample from a hogshead or other package of 
tobacco, two or more breaks shall be made at such points and in such 
manner as the inspector or sampler may find necessary to determine the 
kinds of tobacco and the percentage of each kind contained in the lot. 
All breaks shall be made so that the tobacco contained in the center of 
the package is visible to the sampler. Tobacco shall be drawn from at 
least two breaks from which a representative sample shall be selected.



Sec.  29.2395  Rule 4.

    All standard grades must be clean.



Sec.  29.2396  Rule 5.

    The grade assigned to any lot of tobacco shall be a true 
representation of the tobacco at the time of inspection and 
certification. If, at any time, it is found that a lot of tobacco does 
not comply with the specifications of the grade previously assigned it 
shall not thereafter be represented as such grade.



Sec.  29.2397  Rule 6.

    A lot of tobacco on the marginal line between two colors shall be 
placed in the color with which it best corresponds with respect to body 
or other associated elements of quality.



Sec.  29.2398  Rule 7.

    Any lot of tobacco which meets the specifications of two grades 
shall be placed in the higher grade. Any lot of tobacco on the marginal 
line between two grades shall be placed in the lower grade.



Sec.  29.2399  Rule 8.

    A lot of tobacco meets the specifications of a grade when it is not 
lower in any degree of any element of quality than the minimum 
specifications of such grade.



Sec.  29.2400  Rule 9.

    In determining the grade of a lot of tobacco, the lot as a whole 
shall be considered. Minor irregularities which do not affect over 1 
percent of the tobacco shall be overlooked.



Sec.  29.2401  Rule 10.

    Any special factor symbol approved by the Director of the Tobacco 
Division, Agricultural Marketing Service, may be used after a grademark 
to show a peculiar side or characteristic of the tobacco which tends to 
modify the grade.



Sec.  29.2402  Rule 11.

    Interpretations, the use of specifications, and the meaning of terms 
shall be in accordance with determinations or clarifications made by the 
Chief of the Standards and Testing Branch and approved by the Director.



Sec.  29.2403  Rule 12.

    The use of any grade may be restricted by the Director during any 
marketing season, when it is found that the grade is not needed or 
appears

[[Page 109]]

in insufficient volume to justify its use.



Sec.  29.2404  Rule 13.

    Length shall be stated in connection with each grade of the A, B and 
C groups and may be stated in connection with the grades of other 
groups. The standard tobacco sizes shall be used.

[51 FR 40406, Nov. 7, 1986]



Sec.  29.2405  Rule 14.

    The standard tobacco size 2 shall be used to designate X group 
tobacco of M or G color when such tobacco is 20 inches or over in 
length.

[51 FR 40406, Nov. 7, 1986]



Sec.  29.2406  Rule 15.

    Uniformity shall be expressed in percentages. These percentages 
shall govern the portion of a lot which must meet each specification of 
the grade. The minor portion must be closely related but may be of a 
different group, quality, and color from the major portion. Specified 
percentages of uniformity shall not affect limitations established by 
other rules.



Sec.  29.2407  Rule 16.

    Injury tolerance shall be expressed in percentages. The appraisal of 
injury shall be based upon the percentage of affected leaf surface or 
the degree of injury. In appraising injury, consideration shall be given 
to the normal characteristics of the group.



Sec.  29.2408  Rule 17.

    Any lot of tobacco of the B, C, or X groups containing over 30 
percent of mixed color or variegated leaves or over 30 percent of mixed 
color and variegated leaves combined shall be classified as ``mixed'' 
and designated by the color symbol ``M.''



Sec.  29.2409  Rule 18.

    Any lot of tobacco containing 20 percent or more of green leaves or 
any lot which is not crude but contains 20 percent or more of green and 
crude combined shall be designated by the color symbols ``G'', ``GL'', 
or ``GD''.

[45 FR 47115, July 14, 1980]



Sec.  29.2410  Rule 19.

    Crude leaves shall not be included in any grade of any color except 
green, light green, or dark green. Any lot containing 20 percent or more 
of crude leaves shall be designated nondescript.

[45 FR 47115, July 14, 1980]



Sec.  29.2411  Rule 20.

    Tobacco damaged under 20 percent but which otherwise meets the 
specifications of a grade shall be treated as a subgrade by placing the 
special factor ``U'' after the grademark. Tobacco damaged 20 percent or 
more shall be designated ``No-G.''



Sec.  29.2412  Rule 21.

    Sound tobacco that is wet or in doubtful-keeping order but which 
otherwise meets the specifications of a grade shall be treated as a 
subgrade by placing the special factor ``W'' after the grademark. This 
special factor does not apply to tobacco designated ``No-G.''



Sec.  29.2413  Rule 22.

    Tobacco shall be designated No Grade, using the grademark ``No-G,'' 
when it is classified as dirty, nested, offtype, semicured, premature 
primings, damaged 20 percent or more, extremely wet or watered or when 
it needs to be reworked, contains foreign matter, or has an odor foreign 
to type.



Sec.  29.2414  Rule 23.

    Tobacco that is semifired but which otherwise meets the 
specifications of a grade shall be treated as a subgrade by placing the 
special factor ``SF'' after the grademark. This factor does not apply to 
tobacco designated ``No-G''.

[51 FR 40406, Nov. 7, 1986]

                                 grades



Sec.  29.2436  Wrappers (A Group).

    This group consists of leaves usually grown at or above the center 
portion of the stalk. Cured leaves of the A group show a low percentage 
of injury affecting wrapper yield. Wrappers are high in oil, very 
elastic, and have a smooth leaf surface.

------------------------------------------------------------------------
                                                   Grade names and
                U.S. grades                        specifications
------------------------------------------------------------------------
A1F.......................................  Choice Medium-brown
                                             Wrappers.

[[Page 110]]

 
                                             Medium body, ripe, firm,
                                             rich in oil, elastic,
                                             strong, bright finish, deep
                                             color intensity, broad, 95
                                             percent uniform, and 5
                                             percent injury tolerance.
A2F.......................................  Fine Medium-brown Wrappers.
                                             Medium body, ripe, firm,
                                             rich in oil, elastic,
                                             strong, clear finish, deep
                                             color intensity, spready,
                                             90 percent uniform, and 10
                                             percent injury tolerance.
A1D.......................................  Choice Dark-brown Wrappers.
                                             Heavy, ripe, firm, rich in
                                             oil, elastic, strong,
                                             bright finish, deep color
                                             intensity, broad, 95
                                             percent uniform, and 5
                                             percent injury tolerance.
A2D.......................................  Fine Dark-brown Wrappers.
                                             Heavy, ripe, firm, rich in
                                             oil, elastic, strong, clear
                                             finish, deep color
                                             intensity, spready, 90
                                             percent uniform, and 10
                                             percent injury tolerance.
------------------------------------------------------------------------



Sec.  29.2437  Heavy Leaf (B Group).

    This group consists of leaves usually grown at or above the center 
portion of the stalk. These leaves have a pointed tip, tend to fold, are 
heavier in body than those of the X or C groups, and show no ground 
injury. Choice- and fine-quality leaves of this group have a 
distinctive, smooth leaf surface.

------------------------------------------------------------------------
                                                   Grade names and
                U.S. grades                        specifications
------------------------------------------------------------------------
B1F.......................................  Choice Medium-brown Heavy
                                             Leaf.
                                             Medium body, ripe, firm,
                                             oily, semi-elastic, strong,
                                             bright finish, deep color
                                             intensity, broad, 95
                                             percent uniform, and 5
                                             percent injury tolerance.
B2F.......................................  Fine Medium-brown Heavy
                                             Leaf.
                                             Medium body, ripe, firm,
                                             oily, semi-elastic, strong,
                                             clear finish, deep color
                                             intensity, spready, 90
                                             percent uniform, and 10
                                             percent injury tolerance.
B3F.......................................  Good Medium-brown Heavy
                                             Leaf.
                                             Medium body, mature, firm,
                                             oily, semielastic, normal
                                             strength, clear finish,
                                             moderate color intensity,
                                             normal width, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
B4F.......................................  Fair Medium-brown Heavy
                                             Leaf.
                                             Medium body, mature, close,
                                             lean in oil, inelastic,
                                             weak, dull-finish, pale
                                             color intensity, narrow, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
B5F.......................................  Low Medium-brown Heavy Leaf.
                                             Medium body, mature, close,
                                             lean in oil, inelastic,
                                             weak, dull finish, pale
                                             color intensity, narrow, 60
                                             percent uniform, and 40
                                             percent injury tolerance.
B1D.......................................  Choice Dark-brown Heavy
                                             Leaf.
                                             Heavy, ripe, firm, oily,
                                             semielastic, strong, bright
                                             finish, deep color
                                             intensity, spready, 95
                                             percent uniform, and 5
                                             percent injury tolerance.
B2D.......................................  Fine Dark-brown Heavy Leaf.
                                             Heavy, ripe, firm, oily,
                                             semielastic, strong, clear
                                             finish, deep color
                                             intensity, spready, 90
                                             percent uniform, and 10
                                             percent injury tolerance.
B3D.......................................  Good Dark-brown Heavy Leaf.
                                             Heavy, mature, firm, oily,
                                             semi-elastic, normal
                                             strength, clear finish,
                                             moderate color intensity,
                                             normal width, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
B4D.......................................  Fair Dark-brown Heavy Leaf.
                                             Heavy, mature, close, lean
                                             in oil, inelastic, weak,
                                             dull finish, pale color
                                             intensity, narrow, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
B5D.......................................  Low Dark-brown Heavy Leaf.
                                             Heavy, mature, close, lean
                                             in oil, inelastic, weak,
                                             dull finish, pale color
                                             intensity, narrow, 60
                                             percent uniform, and 40
                                             percent injury tolerance.
B3M.......................................  Good Mixed Color Heavy Leaf.
                                             Medium to heavy body,
                                             mature, firm, oily,
                                             semielastic, normal
                                             strength and width, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
B4M.......................................  Fair Mixed Color Heavy Leaf.
                                             Medium to heavy body,
                                             mature, close, lean in oil,
                                             inelastic, weak, narrow, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
B5M.......................................  Low Mixed Color Heavy Leaf.
                                             Medium to heavy body,
                                             mature, close, lean in oil,
                                             inelastic, weak, narrow, 60
                                             percent uniform, and 40
                                             percent injury tolerance.
B3G.......................................  Good Green Heavy Leaf.
                                             Medium to heavy body,
                                             mature, firm, oily,
                                             semielastic, normal
                                             strength, clear finish,
                                             normal width, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
B4G.......................................  Fair Green Heavy Leaf.
                                             Medium to heavy body,
                                             immature, close, lean in
                                             oil, inelastic, weak, dull
                                             finish, narrow, 70 percent
                                             uniform, and 30 percent
                                             injury tolerance.
B5G.......................................  Low Green Heavy Leaf.
                                             Medium to heavy body,
                                             immature, close, lean in
                                             oil, inelastic, weak, dull
                                             finish, narrow, 60 percent
                                             uniform, and 40 percent
                                             injury tolerance.
------------------------------------------------------------------------



Sec.  29.2438  Thin Leaf (C Group).

    This group consists of leaves usually grown at the center portion of 
the stalk. These leaves normally have a rounded tip, are thinner in body 
than those of the B group, and show little or no ground injury. Choice- 
and fine-quality tobacco of this group has a distinctive, smooth leaf 
surface.

------------------------------------------------------------------------
                                                   Grade names and
                U.S. grades                        specifications
------------------------------------------------------------------------
C1L.......................................  Choice Light-brown Thin
                                             Leaf.
                                             Thin to medium body, mature
                                             to ripe, firm, oily,
                                             semielastic, strong, bright
                                             finish, deep color
                                             intensity, broad, 95
                                             percent uniform, and 5
                                             percent injury tolerance.
                                            Fine Light-brown Thin Leaf.
                                             Thin to medium body, mature
                                             to ripe, firm, oily,
                                             semielastic, strong, clear
                                             finish, deep color
                                             intensity, spready, 90
                                             percent uniform, and 10
                                             percent injury tolerance.
                                            Good Light-brown Thin Leaf.
                                             Thin to medium body, mature
                                             to ripe, firm, oily,
                                             semielastic, normal
                                             strength, clear finish,
                                             moderate color intensity,
                                             normal width, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
C4L.......................................  Fair Light-brown Thin Leaf.
                                             Thin to medium body, mature
                                             to ripe, close, lean in
                                             oil, inelastic, weak, dull
                                             finish, pale color
                                             intensity, narrow, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
                                            Low Light-brown Thin Leaf.

[[Page 111]]

 
                                             Thin to medium body, mature
                                             to ripe, close, lean in
                                             oil, inelastic, weak, dull
                                             finish, pale color
                                             intensity, narrow, 60
                                             percent uniform, and 40
                                             percent injury tolerance.
                                            Choice Medium-brown Thin
                                             Leaf.
                                             Thin to medium body, mature
                                             to ripe, firm, oily,
                                             semielastic, strong, bright
                                             finish, deep color
                                             intensity, broad, 95
                                             percent uniform, and 5
                                             percent injury tolerance.
C2F.......................................  Fine Medium-brown Thin Leaf.
                                             Thin to medium body, mature
                                             to ripe, firm, oily,
                                             semielastic, strong, clear
                                             finish, deep color
                                             intensity, spready, 90
                                             percent uniform, and 10
                                             percent injury tolerance.
C3F.......................................  Good Medium-brown Thin Leaf.
                                             Thin to medium body, mature
                                             to ripe, firm, oily,
                                             semielastic, normal
                                             strength, clear finish,
                                             moderate color intensity,
                                             normal width, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
C4F.......................................  Fair Medium-brown Thin Leaf.
                                             Thin to medium body, mature
                                             to ripe, close, lean in
                                             oil, inelastic, weak, dull
                                             finish, pale color
                                             intensity, narrow, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
C5F.......................................  Low Medium-brown Thin Leaf.
                                             Thin to medium body, mature
                                             to ripe, close, lean in
                                             oil, inelastic, weak, dull
                                             finish, pale color
                                             intensity, narrow, 60
                                             percent uniform, and 40
                                             percent injury tolerance.
C2D.......................................  Fine Dark-brown Thin Leaf.
                                             Thin to medium body, mature
                                             to ripe, firm, oily,
                                             semielastic, strong, clear
                                             finish, deep color
                                             intensity, spready, 90
                                             percent uniform, and 10
                                             percent injury tolerance.
C3D.......................................  Good Dark-brown Thin Leaf.
                                             Thin to medium body, mature
                                             to ripe, firm, lean in oil,
                                             inelastic, normal strength,
                                             clear finish, moderate
                                             color intensity, normal
                                             width, 80 percent uniform,
                                             and 20 percent injury
                                             tolerance.
C4D.......................................  Fair Dark-brown Thin Leaf.
                                             Thin to medium body, mature
                                             to ripe, close, lean in
                                             oil, inelastic, weak, dull
                                             finish, pale color
                                             intensity, narrow, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
C5D.......................................  Low Dark-brown Thin Leaf.
                                             Thin to medium body, mature
                                             to ripe, close, lean in
                                             oil, inelastic, weak, dull
                                             finish, pale color
                                             intensity, narrow, 60
                                             percent uniform, and 40
                                             percent injury tolerance.
C3M.......................................  Good Mixed Color Thin Leaf.
                                             Thin to medium body,
                                             mature, firm, oily,
                                             semielastic, normal
                                             strength and width, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
C4M.......................................  Fair Mixed Color Thin Leaf.
                                             Thin to medium body,
                                             mature, close, lean in oil,
                                             inelastic, weak, narrow, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
C5M.......................................  Low Mixed Color Thin Leaf.
                                             Thin to medium body,
                                             immature, close, lean in
                                             oil, inelastic, weak,
                                             narrow, 60 percent uniform,
                                             and 40 percent injury
                                             tolerance.
C3G.......................................  Good Green Thin Leaf.
                                             Thin to medium body,
                                             mature, firm, oily,
                                             semielastic, normal
                                             strength, clear finish,
                                             normal width, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
C4G.......................................  Fair Green Thin Leaf.
                                             Thin to medium body,
                                             immature, close, lean in
                                             oil, inelastic, weak, dull
                                             finish, narrow, 70 percent
                                             uniform, and 30 percent
                                             injury tolerance.
C5G.......................................  Low Green Thin Leaf.
                                             Thin to medium body,
                                             immature, close, lean in
                                             oil, inelastic, weak, dull
                                             finish, narrow, 60 percent
                                             uniform and 40 percent
                                             injury tolerance.
------------------------------------------------------------------------



Sec.  29.2439  Lugs (X Group).

    This group consists of leaves that normally grow near the bottom of 
the stalk. These leaves usually have a blunt tip, tend to roll, and show 
ground injury.

------------------------------------------------------------------------
                                                   Grade names and
                U.S. grades                        specifications
------------------------------------------------------------------------
X1L.......................................  Choice Light-brown Lugs.
                                             Thin to medium body, ripe,
                                             firm to open, oily, normal
                                             strength, clear finish,
                                             moderate color intensity,
                                             95 percent uniform, and 5
                                             percent injury tolerance.
X2L.......................................  Fine Light-brown Lugs.
                                             Thin to medium body, ripe,
                                             firm to open, oily, normal
                                             strength, clear finish,
                                             moderate color intensity,
                                             90 percent uniform, and 10
                                             percent injury tolerance.
X3L.......................................  Good Light-brown Lugs.
                                             Thin to medium body, ripe,
                                             open, lean in oil, normal
                                             strength, dull finish, pale
                                             color intensity, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
X4L.......................................  Fair Light-brown Lugs.
                                             Thin to medium body, mature
                                             open, lean in oil, weak,
                                             dull finish, pale color
                                             intensity, 70 percent
                                             uniform, and 30 percent
                                             injury tolerance.
X5L.......................................  Low Light-brown Lugs.
                                             Thin to medium body,
                                             mature, open, lean in oil,
                                             weak, dull finish, pale
                                             color intensity, 60 percent
                                             uniform, and 40 percent
                                             injury tolerance.
X1F.......................................  Choice Medium-brown Lugs.
                                             Medium body, ripe, firm to
                                             open, oily, normal
                                             strength, clear finish,
                                             moderate color intensity,
                                             95 percent uniform, and 5
                                             percent injury tolerance.
X2F.......................................  Fine Medium-brown Lugs.
                                             Medium body, ripe, firm to
                                             open, oily, normal
                                             strength, clear finish,
                                             moderate color intensity,
                                             90 percent uniform, and 10
                                             percent injury tolerance.
X3F.......................................  Good Medium-brown Lugs.
                                             Medium body, ripe, open,
                                             lean in oil, normal
                                             strength, dull finish, pale
                                             color intensity, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
X4F.......................................  Fair Medium-brown Lugs.
                                             Thin to medium body,
                                             mature, open, lean in oil,
                                             weak, dull finish, pale
                                             color intensity, 70 percent
                                             uniform, and 30 percent
                                             injury tolerance.
X5F.......................................  Low Medium-brown Lugs.
                                             Thin to medium body,
                                             mature, open, lean in oil,
                                             weak, dull finish, pale
                                             color intensity, 60 percent
                                             uniform, and 40 percent
                                             injury tolerance.
X1D.......................................  Choice Dark-brown Lugs.
                                             Medium to heavy body, ripe,
                                             firm to open, oily, normal
                                             strength, clear finish,
                                             moderate color intensity,
                                             95 percent uniform, and 5
                                             percent injury tolerance.
X2D.......................................  Fine Dark-brown Lugs.
                                             Medium to heavy body, ripe,
                                             firm to open, oily, normal
                                             strength, clear finish,
                                             moderate color intensity,
                                             90 percent uniform, and 10
                                             percent injury tolerance.
X3D.......................................  Good Dark-brown Lugs.

[[Page 112]]

 
                                             Medium to heavy body, ripe,
                                             open, lean in oil, normal
                                             strength, dull finish, pale
                                             color intensity, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
X4D.......................................  Fair Dark-brown Lugs.
                                             Medium to heavy body,
                                             mature, open, lean in oil,
                                             weak, dull finish, pale
                                             color intensity, 70 percent
                                             uniform, and 30 percent
                                             injury tolerance.
X5D.......................................  Low Dark-brown Lugs.
                                             Medium to heavy body,
                                             mature, open, lean in oil,
                                             weak, dull finish, pale
                                             color intensity, 60 percent
                                             uniform, and 40 percent
                                             injury tolerance.
X3M.......................................  Good Mixed Color Lugs.
                                             Medium to heavy body,
                                             mature, open, lean in oil,
                                             normal strength, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
X4M.......................................  Fair Mixed Color Lugs.
                                             Thin to medium body,
                                             mature, open, lean in oil,
                                             weak, 70 percent uniform,
                                             and 30 percent injury
                                             tolerance.
X5M.......................................  Low Mixed Color Lugs.
                                             Thin to medium body,
                                             mature, open, lean in oil,
                                             weak, 60 percent uniform,
                                             and 40 percent injury
                                             tolerance.
X3G.......................................  Good Green Lugs.
                                             Medium to heavy body,
                                             mature, firm, lean in oil,
                                             normal strength, dull
                                             finish, 80 percent uniform,
                                             and 20 percent injury
                                             tolerance.
X4G.......................................  Fair Green Lugs.
                                             Medium to heavy body,
                                             immature, close, lean in
                                             oil, weak, dull finish, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
X5G.......................................  Low Green Lugs.
                                             Thin to medium body,
                                             immature, close, lean in
                                             oil, weak, dull finish, 60
                                             percent uniform, and 40
                                             percent injury tolerance.
------------------------------------------------------------------------



Sec.  29.2440  (N Group).

    Extremely common tobacco which does not meet the minimum 
specifications or which exceeds the tolerance of the lowest grade of any 
other group except scrap.

------------------------------------------------------------------------
                                                   Grade names and
                U.S. grades                        specifications
------------------------------------------------------------------------
N1L.......................................  First quality light colored
                                             nondescript, thin to medium
                                             body and 50 percent injury
                                             tolerance.
N1D.......................................  First quality dark colored
                                             nondescript, medium to
                                             heavy body and 50 percent
                                             injury tolerance.
N1GL......................................  First quality light colored
                                             crude green nondescript,
                                             thin to medium body and 50
                                             percent crude leaves or
                                             injury tolerance.
N1GD......................................  First quality dark colored
                                             crude green nondescript,
                                             medium to heavy body and 50
                                             percent crude leaves or
                                             injury tolerance.
N2........................................  Substandard Nondescript--
                                             Nondescript of any group or
                                             color, over 50 percent
                                             crude leaves or injury
                                             tolerance.
------------------------------------------------------------------------


[45 FR 47115, July 14, 1980]



Sec.  29.2441  Scrap (S Group).

    A byproduct of unstemmed and stemmed tobacco. Scrap accumulates from 
handling tobacco in farm buildings, warehouses, packing and conditioning 
plants, and stemmeries.

------------------------------------------------------------------------
                                                   Grade name and
                U.S. grade                         specifications
------------------------------------------------------------------------
S.........................................  Scrap. Tangled, whole, or
                                             broken unstemmed leaves, or
                                             the web portions of tobacco
                                             leaves reduced to scrap by
                                             any process.
------------------------------------------------------------------------

                       summary of standard grades



Sec.  29.2461  Summary of standard grades.

                          4 Grades of wrappers
A1F            A2F            A1D            A2D
 
                         20 Grades of thin leaf
 
C1L            C1F
C2L            C2F            C2D
C3L            C3F            C3D            C3M            C3G
C4L            C4F            C4D            C4M            C4G
C5L            C5F            C5D            C5M            C5G
 
                         5 Grades of nondescript
 
N1L            N1D            N1GL           N1GD
N2
 
                         16 Grades of heavy leaf
 
B1F            B1D
B2F            B2D
B3F            B3D            B3M            B3G
B4F            B4D            B4M            B4G
B5F            B5D            B5M            B5G
 
                            21 Grades of lugs
 
X1L            X1F            X1D
X2L            X2F            X2D
X3L            X3F            X3D            X3M            X3G
X4L            X4F            X4D            X4M            X4G
X5L            X5F            X5D            X5M            X5G
 
                            1 Grade of scrap
                                    S
 

    Special factors ``U'', ``W'' and ``SF'' may be applied to all 
grades. Tobacco not covered by the standard grades is designated ``No-
G.''

                       Standard sizes applicable.

A1, A2........................................................      2, 3
B1............................................................      2, 3
B2, B3, B4, B5................................................   1, 2, 3
C1............................................................      2, 3
C2, C3, C4, C5................................................   1, 2, 3
X3, X4, X5, M and G \1\.......................................         2
 
\1\ No size is applied to these grades if tobacco is under size 2.


[45 FR 44293, July 1, 1980, as amended at 51 FR 40406, Nov. 7, 1986]

                       key to standard grademarks



Sec.  29.2481  Key to standard grademarks.

                                 Groups

A--Wrappers.
B--Heavy Leaf.
C--Thin Leaf.
X--Lugs.
N--Nondescript.
S--Scrap.

                                Qualities

1--Choice.
2--Fine.
3--Good.

[[Page 113]]

4--Fair.
5--Low.

                                 Colors

L--Light brown.
F--Medium brown.
D--Dark brown.
M--Mixed or variegated.
G--Green.
GL--Light green.
GD--Dark green.

[45 FR 44293, July 1, 1980]

   Official Standard Grades for Kentucky and Tennessee Fire-Cured and 
 Foreign-Grown Fire-Cured Tobacco (U.S. Types 22, 23, and Foreign Type 
                                   96)

    Source: Sections 29.2501 through 29.2696 appear at 37 FR 13626, July 
12, 1972, unless otherwise noted.

                               definitions



Sec.  29.2501  Definitions.

    As used in these standards, the words and phrases hereinafter 
defined shall have the indicated meanings so assigned.



Sec.  29.2502  Air-dried.

    The condition of unfermented tobacco as customarily prepared for 
storage under natural atmospheric conditions.



Sec.  29.2503  Body.

    The thickness and density of a leaf or the weight per unit of 
surface. (See chart, Sec.  29.2601.)



Sec.  29.2504  Brown colors.

    A group of colors ranging from a reddish brown to yellowish brown. 
These colors vary from low to medium saturation and from very low to 
medium brilliance. As used in these standards, the range is expressed as 
light brown (L), medium brown (F), and dark brown (D).



Sec.  29.2505  Class.

    A major division of tobacco based on method of cure or principal 
usage.



Sec.  29.2506  Clean.

    Tobacco is described as clean when it contains only a normal amount 
of sand or soil particles. Leaves grown on the lower portion of the 
stalk normally contain more dirt or sand than those from higher stalk 
positions. (See Rule 4, Sec.  29.2620.)



Sec.  29.2507  Color.

    The third factor of a grade based on the relative hues, saturation 
or chroma, and color values common to the type.



Sec.  29.2508  Color intensity.

    The varying degree of saturation or chroma. Color intensity as 
applied to tobacco describes the strength or weakness of a specific 
color or hue. It is applicable to brown colors. (See chart, Sec.  
29.2601.)



Sec.  29.2509  Color symbols.

    As applied to these types, color symbols are L--light brown, F--
medium brown, D--dark brown, M--mixed or variegated VF--greenish medium 
brown, and G--green.



Sec.  29.2510  Condition.

    The state of tobacco which results from the method of preparation or 
from the degree of fermentation. Words used to describe the condition of 
tobacco are undried, air-dried, steam-dried, sweating, sweated, and 
aged.



Sec.  29.2511  Crude.

    A subdegree of maturity. Crude leaves are usually hard and slick as 
a result of extreme immaturity. A similar condition may result from 
firekill, sunburn, or sunscald. Any leaf which is crude to the extent of 
20 percent or more of its surface may be described as crude. (See Rule 
19, Sec.  29.2635.)



Sec.  29.2512  Cured.

    Tobacco dried of its sap by either natural or artificial processes.



Sec.  29.2513  Damage.

    The effect of mold, must, rot, black rot, or other fungus or 
bacterial diseases which attack tobacco in its cured state. Tobacco 
having the odor of mold, must, or rot is considered damaged. (See Rule 
20, Sec.  29.2636.)

[[Page 114]]



Sec.  29.2514  Dirty.

    The state of tobacco containing an abnormal amount of dirt or sand, 
or tobacco to which additional quantities of dirt or sand have been 
added. (See Rule 22, Sec.  29.2638.)



Sec.  29.2515  Elasticity.

    The flexible, springy nature of the tobacco leaf to recover 
approximately its original size and shape after it has been stretched. 
(See chart, Sec.  29.2601.)



Sec.  29.2516  Elements of quality.

    Physical characteristics used to determine the quality of tobacco. 
Words selected to describe degrees within each element are shown in the 
chart in Sec.  29.2601.



Sec.  29.2517  Fiber.

    The term applied to the veins in a tobacco leaf. The large central 
vein is called the midrib or stem. The smaller lateral and cross veins 
are considered from the standpoint of size and color.



Sec.  29.2518  Finish.

    The reflectance factor in color perception. Finish indicates the 
sheen or shine of the surface of a tobacco leaf. (See chart, Sec.  
29.2601.)



Sec.  29.2519  Fire-cured.

    Tobacco cured under artificial atmospheric conditions by the use of 
open fires from which the smoke and fumes of burning wood are partly 
absorbed by the tobacco.



Sec.  29.2520  Foreign matter.

    Any extraneous substance or material such as stalks, suckers, straw, 
strings, rubber bands, and abnormal amounts of dirt or sand. (See Rule 
22, Sec.  29.2638.)



Sec.  29.2521  Form.

    The stage of preparation of tobacco such as unstemmed or stemmed.



Sec.  29.2522  Grade.

    A subdivision of a type according to group, quality, and color.



Sec.  29.2523  Grademark.

    A grademark normally consists of three symbols which indicate group, 
quality, and color. A letter is used to indicate group, a number to 
indicate quality, and a letter or letters to indicate color. For 
example, B3D means Heavy Leaf, good quality, and dark-brown color.



Sec.  29.2524  Green (G).

    A term applied to green-colored tobacco. Any leaf which has a green 
color affecting 20 percent or more of its surface may be described as 
green. (See Rule 18, Sec.  29.2634.)



Sec.  29.2525  Greenish.

    A term applied to greenish-tinged tobacco. Any leaf which has a 
greenish tinge or a pale green color affecting 20 percent or more of its 
surface may be described as greenish. (See Rule 17, Sec.  29.2633.)



Sec.  29.2526  Group.

    A division of a type covering closely related grades based on 
certain characteristics which are usually related to stalk position, 
body, or the general quality of the tobacco. Groups in these types are 
Wrappers (A), Heavy Leaf (B), Thin Leaf (C), Lugs (X), Nondescript (N), 
and Scrap (S).



Sec.  29.2527  Injury.

    Hurt or impairment from any cause except the fungous or bacterial 
diseases which attack tobacco in its cured state. (See Rule 15, Sec.  
29.2631.)



Sec.  29.2528  Leaf.

    Whole, unstemmed leaf. Leaf, when applied to tobacco in strip form, 
shall describe the divided unit of a whole leaf.

[49 FR 16757, Apr. 20, 1984]



Sec.  29.2529  Leaf scrap.

    A byproduct of unstemmed tobacco. Leaf scrap results from handling 
unstemmed tobacco and consists of loose and tangled whole or broken 
leaves.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984]

[[Page 115]]



Sec.  29.2530  Leaf structure.

    The cell development of a leaf as indicated by its porosity. (See 
chart, Sec.  29.2601.)

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec.  29.2531  Length.

    The linear measurement of cured tobacco leaves from the butt of the 
midrib to the extreme tip.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec.  29.2532  Lot.

    A pile, basket, bulk, or more than one bale, case, hogshead, tierce, 
package, or other definite package unit.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec.  29.2533  Maturity.

    The degree of ripeness. (See chart, Sec.  29.2601.)

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec.  29.2534  Mixed color or variegated (M).

    Distinctly different colors of the type mingled together, or any 
leaf of which 20 percent or more of its surface is off brown, grayish, 
mottled, or bleached and does not blend with the normal colors of the 
type or group. (See Rule 16, Sec.  29.2632.)

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec.  29.2535  Nested.

    Any lots of Types 22 and 23 tobacco which has been loaded, packed, 
or arranged to conceal foreign matter or tobacco of inferior grade, 
quality, or condition. (See Rule 22, Sec.  29.2638.)

[37 FR 13626, July 12, 1972. Redesignated and amended at 49 FR 16757, 
Apr. 20, 1984]



Sec.  29.2536  No grade.

    A designation applied to a lot of tobacco classified as nested, 
offtype, rework, or semicured; tobacco that is damaged 20 percent or 
more, abnormally dirty, extremely wet or watered, contains foreign 
matter, or has an odor foreign to the type. (See Rule 22, Sec.  
29.2638.)

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec.  29.2537  Offtype.

    Tobacco of distinctly different characteristics which cannot be 
classified as Fire-cured, U.S. Types 22, 23, or Foreign Type 96. (See 
Rule 22, Sec.  29.2638.)

[37 FR 13626, July 12, 1972. Redesignated and amended at 49 FR 16757, 
Apr. 20, 1984]



Sec.  29.2538  Oil.

    A soft, semifluid constituent of tobacco. (See chart, Sec.  
29.2601.)

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec.  29.2539  Order (case).

    The state of tobacco with respect to its moisture content.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec.  29.2540  Package.

    A hogshead, tierce, case, bale, or other securely enclosed parcel or 
bundle.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec.  29.2541  Packing.

    A lot of tobacco consisting of a number of packages submitted as one 
definite unit for sampling or inspection. It is represented to contain 
the same kind of tobacco and has a common identification number or mark 
on each package.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec.  29.2542  Quality.

    A division of a group or the second factor of a grade based on the 
relative degree of one or more elements of quality.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984]

[[Page 116]]



Sec.  29.2543  Raw.

    Freshly harvested tobacco or tobacco as it appears between the time 
of harvesting and the beginning of the curing process.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec.  29.2544  Resweated.

    The condition of tobacco which has passed through a second 
fermentation under abnormally high temperatures or refermented with a 
relatively high percentage of moisture. Resweated includes tobacco which 
has been dipped or reconditioned after its first fermentation and put 
through a forced or artificial sweat.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec.  29.2545  Rework.

    Any lot of Types 22 and 23 tobacco which needs to be resorted or 
otherwise reworked to prepare it properly for market, including: (a) 
Tobacco which is so mixed that it cannot be classified properly in any 
grade of the type, because the lot contains a substantial quantity of 
two or more distinctly different grades which should be separated by 
sorting; (b) tobacco which contains an abnormally large quantity of 
foreign matter or an unusual number of muddy or extremely dirty leaves 
which should be removed; and (c) tobacco not packed straight or 
otherwise not properly prepared for market. (See Rule 22, Sec.  
29.2638.)

[37 FR 13626, July 12, 1972. Redesignated and amended at 49 FR 16757, 
Apr. 20, 1984]



Sec.  29.2546  Semicured.

    Tobacco in the process of being cured or which is partially but not 
thoroughly cured. (See Rule 22, Sec.  29.2638.)

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec.  29.2547  Semifired (SF).

    Tobacco that is partially or lightly smoked or has not received the 
amount of smoke that is characteristic of fire-cured tobacco.

[51 FR 40406, Nov. 7, 1986]



Sec.  29.2548  Side.

    A certain phase of quality, color, or length as contrasted with some 
other phase of quality, color, or length; or any peculiar characteristic 
of tobacco.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]



Sec.  29.2549  Size.

    The length of tobacco leaves. Size does not apply to tobacco in 
strip form. (See chart, Sec.  29.2606.)

[37 FR 13626, July 12, 1972. Redesignated and amended at 49 FR 16757, 
Apr. 20, 1984 and further redesignated at 51 FR 40406, Nov. 7, 1986]



Sec.  29.2550  Sound.

    Free of damage.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]



Sec.  29.2551  Special factor.

    A symbol or term authorized to be used with specified grades. 
Tobacco to which a special factor is applied may meet the general 
specifications but has a peculiar side or characteristic which tends to 
modify the grade. (See Rule 10, Sec.  29.2626.)

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]



Sec.  29.2552  Steam-dried.

    The condition of unfermented tobacco as customarily prepared for 
storage by means of a redrying machine or other steam-conditioning 
equipment.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]



Sec.  29.2553  Stem.

    The midrib or large central vein of a tobacco leaf.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]

[[Page 117]]



Sec.  29.2554  Stemmed.

    A form of tobacco, including strips and strip scrap, from which the 
stems or midribs have been removed.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]



Sec.  29.2555  Strength.

    The stress a tobacco leaf can bear without tearing. (See chart, 
Sec.  29.2601.)

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]



Sec.  29.2556  Strips.

    The sides of a tobacco leaf from which the stem has been removed or 
a lot of tobacco composed of strips.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]



Sec.  29.2557  Subgrade.

    Any grade modified by a special factor symbol.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]



Sec.  29.2558  Sweated.

    The condition of tobacco, which has passed through one or more 
fermentations natural to tobacco packed with a normal percentage of 
moisture. This condition is sometimes described as aged.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]



Sec.  29.2559  Sweating.

    The condition of tobacco in the process of fermentation.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]



Sec.  29.2560  Tobacco.

    Tobacco as it appears between the time it is cured and stripped from 
the stalk, or primed and cured, and the time it enters into the 
different manufacturing processes. The acts of stemming, threshing, 
sweating, and conditioning are not regarded as manufacturing processes. 
Tobacco, as used in these standards, does not include manufactured or 
semimanufactured products, stems, cutting, clippings, trimmings, 
siftings, or dust.

[37 FR 13626, July 12, 1972. Redesignated and amended at 49 FR 16757, 
Apr. 20, 1984, and further redesignated 51 FR 40406, Nov. 7, 1986]



Sec.  29.2561  Tobacco products.

    Manufactured tobacco, including cigarettes, cigars, smoking tobacco, 
chewing tobacco, and snuff.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]



Sec.  29.2562  Type.

    A division of a class of tobacco having certain common 
characteristics and closely related grades. Tobacco which has the same 
characteristics and corresponding qualities, colors, and lengths is 
classified as one type, regardless of any factors of historical or 
geographical nature which cannot be determined by an examination of the 
tobacco.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]



Sec.  29.2563  Type 22.

    That type of Fire-cured tobacco, known as Eastern District Fire-
cured, produced principally in a section east of the Tennessee River in 
southern Kentucky and northern Tennessee.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]



Sec.  29.2564  Type 23.

    That type of Fire-cured tobacco, known as Western District Fire-
cured or Dark-fired, produced principally in a section west of the 
Tennessee River in Kentucky and extending into Tennessee.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]



Sec.  29.2565  Type 96.

    That type of fire-cured tobacco known as Foreign-grown Fire-cured

[[Page 118]]

produced in countries other than the United States.

[49 FR 16757, Apr. 20, 1984. Redesignated at 51 FR 40406, Nov. 7, 1986]



Sec.  29.2566  Undried.

    The condition of unfermented tobacco which has not been air-dried or 
steam-dried.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]



Sec.  29.2567  Uniformity.

    An element of quality which describes the consistency of a lot of 
tobacco as it is prepared for market. Uniformity is expressed as a 
percentage in grade specifications. (See Rule 14, Sec.  29.2630.)

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]



Sec.  29.2568  Unsound (U).

    Damaged under 20 percent. (See Rule 20, Sec.  29.2636.)

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]



Sec.  29.2569  Unstemmed.

    A form of tobacco, including whole leaf and leaf scrap, from which 
the stems or midribs have not been removed.

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]



Sec.  29.2570  Wet (W).

    Any sound tobacco containing excessive moisture to the extent that 
it is in unsafe or doubtful-keeping order. Wet applies to any tobacco 
which is not damaged but which is likely to damage if treated in the 
customary manner. (See Rule 21, Sec.  29.2637.) (For extremely wet or 
watered tobacco, see rule 22, Sec.  29.2638.)

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984 
and 51 FR 40406, Nov. 7, 1986]



Sec.  29.2571  Width.

    The relative breadth of a tobacco leaf expressed in relation to its 
length. Width, as an element of quality, does not apply to tobacco in 
strip form. (See chart, Sec.  29.2601.)

[37 FR 13626, July 12, 1972. Redesignated and amended at 49 FR 16757, 
Apr. 20, 1984 and further redesignated at 51 FR 40406, Nov. 7, 1986]

                           elements of quality



Sec.  29.2601  Elements of quality and degrees of each element.

    Tobacco attributes or characteristics which constitute quality are 
designated as elements of quality. The range within each element is 
expressed by words or terms designated as degrees. These degrees are 
arranged to show their relative value and are used in determining the 
quality of tobacco. The actual value of each degree varies with group.

----------------------------------------------------------------------------------------------------------------
               Elements                                                 Degrees
----------------------------------------------------------------------------------------------------------------
Body.................................  Thin...................  Medium.................  Heavy.
Maturity.............................  Immature...............  Mature.................  Ripe.
Leaf structure.......................  Close..................  Firm...................  Open.
Oil..................................  Lean...................  Oily...................  Rich.
Elasticity...........................  Inelastic..............  Semielastic............  Elastic.
Strength.............................  Weak...................  Normal.................  Strong.
Finish...............................  Dull...................  Clear..................  Bright.
Color intensity......................  Pale...................  Moderate...............  Deep.
Width................................  Narrow.................  Normal.................  Spready.
 Uniformity......Expressed in percentages.......................................................................
 Injury tolerance...Expressed in percentages....................................................................
----------------------------------------------------------------------------------------------------------------

                                  Sizes



Sec.  29.2606  Standard sizes. \1\

------------------------------------------------------------------------
                             Inches                                Size
------------------------------------------------------------------------
12-20...........................................................       1
20-28...........................................................       2
Over 28.........................................................       3
------------------------------------------------------------------------
\1\ The application of sizes is governed by the major portion of the lot
  or package.


[51 FR 40406, Nov. 7, 1986]

                                  Rules



Sec.  29.2616  Rules.

    The application of these official standard grades shall be in 
accordance with Sec. Sec.  29.2617 through 29.2639.

[37 FR 13626, July 12, 1972, as amended at 49 FR 16757, Apr. 20, 1984]



Sec.  29.2617  Rule 1.

    Each grade shall be treated as a subdivision of a particular type. 
When the grade is stated in an inspection certificate, the type also 
shall be stated.

[[Page 119]]



Sec.  29.2618  Rule 2.

    The determination of a grade shall be based upon a thorough 
examination of a lot of tobacco or of an official sample of the lot.



Sec.  29.2619  Rule 3.

    In drawing an official sample from a hogshead or other package of 
tobacco, two or more breaks shall be made at such points and in such 
manner as the inspector or sampler may find necessary to determine the 
kinds of tobacco and the percentage of each kind contained in the lot. 
All breaks shall be made so that the tobacco contained in the center of 
the package is visible to the sampler. Tobacco shall be drawn from at 
least two breaks from which a representative sample shall be selected.



Sec.  29.2620  Rule 4.

    All standard grades must be clean.



Sec.  29.2621  Rule 5.

    The grade assigned to any lot of tobacco shall be a true 
representation of the tobacco at the time of inspection and 
certification. If, at any time, it is found that a lot of tobacco does 
not comply with the specifications of the grade previously assigned it 
shall not thereafter be represented as such grade.



Sec.  29.2622  Rule 6.

    A lot of tobacco on the marginal line between two colors shall be 
placed in the color with which it best corresponds with respect to body 
or other associated elements of quality.



Sec.  29.2623  Rule 7.

    Any lot of tobacco which meets the specifications of two grades 
shall be placed in the higher grade. Any lot of tobacco on the marginal 
line between two grades shall be placed in the lower grade.



Sec.  29.2624  Rule 8.

    A lot of tobacco meets the specifications of a grade when it is not 
lower in any degree of any element of quality than the minimum 
specifications of such grade.



Sec.  29.2625  Rule 9.

    In determining the grade of a lot of tobacco, the lot as a whole 
shall be considered. Minor irregularities which do not affect over one 
percent of the tobacco shall be overlooked.



Sec.  29.2626  Rule 10.

    Any special factor approved by the Director of the Tobacco Division, 
Agricultural Marketing Service, may be used to show a peculiar side or 
characteristic of the tobacco which tends to modify the grade.

[37 FR 13626, July 12, 1972, as amended at 49 FR 16757, Apr. 20, 1984]



Sec.  29.2627  Rule 11.

    Interpretations, the use of specifications, and the meaning of terms 
shall be in accordance with determinations or clarifications made by the 
Chief of the Standards and Testing Branch and approved by the Director.



Sec.  29.2628  Rule 12.

    The use of any grade may be restricted by the Director during any 
marketing season, when it is found that the grade is not needed or 
appears in insufficient volume to justify its use.



Sec.  29.2629  Rule 13.

    Length shall be stated in connection with each grade of the A, B, 
and C groups, except strip grades, and may be stated in connection with 
the grades of other groups. The standard tobacco sizes shall be used.

[37 FR 13626, July 12, 1972, as amended at 49 FR 16757, Apr. 20, 1984; 
51 FR 40406, Nov. 7, 1986]



Sec.  29.2630  Rule 14.

    Uniformity shall be expressed in percentages. These percentages 
shall govern the portion of a lot which must meet each specification of 
the grade. The minor portion must be closely related but may be of a 
different group, quality, and color from the major portion. Specified 
percentages of uniformity shall not affect limitations established by 
other rules.

[[Page 120]]



Sec.  29.2631  Rule 15.

    Injury tolerance shall be expressed in percentages. The appraisal of 
injury shall be based upon the percentage of affected leaf surface or 
the degree of injury. In appraising injury, consideration shall be given 
to the normal characteristics of the group.



Sec.  29.2632  Rule 16.

    Any lot of tobacco of the B, C, or X groups containing over 30 
percent of mixed color or variegated leaves or over 30 percent of mixed 
color and variegated leaves combined shall be classified as ``mixed'' 
and designated by the color symbol ``M.''



Sec.  29.2633  Rule 17.

    Any lot of tobacco containing 20 percent or more of greenish leaves 
or any lot which contains 20 percent of greenish and green leaves 
combined shall be designated by the color symbol ``VF.''



Sec.  29.2634  Rule 18.

    Any lot of tobacco containing 20 percent or more of green leaves or 
any lot which is not crude but contains 20 percent or more of green and 
crude combined shall be designated by the color symbol ``G.''



Sec.  29.2635  Rule 19.

    In the B, C, and X groups crude leaves shall be restricted to the 
fourth and fifth qualities of green grades. Any lot containing 20 
percent or more of crude leaves shall be classified as Nondescript.



Sec.  29.2636  Rule 20.

    Tobacco damaged under 20 percent but which otherwise meets the 
specifications of a grade shall be treated as a subgrade by placing the 
special factor ``U'' after the grademark. Tobacco damaged 20 percent or 
more shall be designated ``No-G.''



Sec.  29.2637  Rule 21.

    Sound tobacco that is wet or in doubtful-keeping order but which 
otherwise meets the specifications of a grade shall be treated as a 
subgrade by placing the special factor ``W'' after the grademark. This 
special factor does not apply to tobacco designated ``No-G.''



Sec.  29.2638  Rule 22.

    Tobacco shall be designated No Grade, using the grademark ``No-G,'' 
when it is dirty, nested, offtype, semicured, damaged 20 percent or 
more, extremely wet or watered, or when it needs to be reworked, 
contains foreign matter, or has an odor foreign to type.



Sec.  29.2639  Rule 23.

    Tobacco in strip form which otherwise meets the specifications of a 
grade shall be treated as a subgrade by placing the special factor ``S'' 
preceding the grademark.

[49 FR 16757, Apr. 20, 1984]



Sec.  29.2640  Rule 24.

    Tobacco that is semifired but which otherwise meets the 
specifications of a grade shall be treated as a subgrade by placing the 
special factor ``SF'' after the grademark. This factor does not apply to 
tobacco designated ``No-G''.

[51 FR 40406, Nov. 7, 1986]

                                 grades



Sec.  29.2661  Wrappers (A Group).

    This group consists of leaves usually grown at or above the center 
portion of the stalk. Cured leaves of this group are elastic and show a 
low percentage of injury affecting wrapper yield.

------------------------------------------------------------------------
                                                   Grade names and
                  Grades                           specifications
------------------------------------------------------------------------
A1F.......................................  Choice Medium-brown
                                             Wrappers.
                                             Thin to medium body, ripe,
                                             firm, rich in oil, elastic,
                                             strong, bright finish, deep
                                             color intensity, spready,
                                             90 percent uniform, and 10
                                             percent of leaves not lower
                                             than B1 or C1.
A2F.......................................  Fine Medium-brown Wrappers.
                                             Thin to medium body, ripe,
                                             firm, rich in oil, elastic,
                                             strong, bright finish, deep
                                             color intensity, spready,
                                             75 percent uniform, and 25
                                             percent of leaves not lower
                                             than B2 or C2.
A3F.......................................  Good Medium-brown Wrappers.
                                             Thin to medium body, ripe,
                                             firm oily, elastic, strong,
                                             clear finish, moderate
                                             color intensity, spready,
                                             60 percent uniform, and 40
                                             percent of leaves not lower
                                             than B3 or C3.
A1D.......................................  Choice Dark-brown Wrappers.
                                             Thin to heavy body, ripe,
                                             firm, rich in oil, elastic,
                                             strong, bright finish, deep
                                             color intensity, spready,
                                             90 percent uniform, and 10
                                             percent of leaves not lower
                                             than B1 or C1.
A2D.......................................  Fine Dark-brown Wrappers.
                                             Thin to heavy body, ripe,
                                             firm, rich in oil, elastic,
                                             strong, bright finish, deep
                                             color intensity, spready,
                                             75 percent uniform, and 25
                                             percent of leaves not lower
                                             than B2 or C2.

[[Page 121]]

 
A3D.......................................  Good Dark-brown Wrappers.
                                             Thin to heavy body, ripe,
                                             firm, oily, elastic,
                                             strong, clear finish,
                                             moderate color intensity,
                                             spready, 60 percent
                                             uniform, and 40 percent of
                                             leaves not lower than B3 or
                                             C3.
------------------------------------------------------------------------


[37 FR 13626, July 12, 1972, as amended at 49 FR 16757, Apr. 20, 1984]



Sec.  29.2662  Heavy Leaf (B Group).

    This group consists of leaves which are medium to heavy in body.

------------------------------------------------------------------------
                                                   Grade names and
                  Grades                           specifications
------------------------------------------------------------------------
B1F.......................................  Choice Medium-brown Heavy
                                             Leaf.
                                             Medium body, ripe, firm,
                                             oily, elastic, strong,
                                             bright finish, deep color
                                             intensity, normal width, 95
                                             percent uniform, and 5
                                             percent injury tolerance.
B2F.......................................  Fine Medium-brown Heavy
                                             Leaf.
                                             Medium body, ripe, firm,
                                             oily, elastic, strong,
                                             clear finish, deep color
                                             intensity, normal width, 90
                                             percent uniform, and 10
                                             percent injury tolerance.
B3F.......................................  Good Medium-brown Heavy
                                             Leaf.
                                             Medium body, ripe, firm,
                                             oily, semielastic, normal
                                             strength, clear finish,
                                             moderate color intensity,
                                             normal width, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
B4F.......................................  Fair Medium-brown Heavy
                                             Leaf.
                                             Medium body, mature, close,
                                             lean in oil, inelastic,
                                             weak, dull finish, pale
                                             color intensity, narrow, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
B5F.......................................  Low Medium-brown Heavy Leaf.
                                             Medium body, mature, close,
                                             lean in oil, inelastic,
                                             weak, dull finish, pale
                                             color intensity, narrow, 60
                                             percent uniform, and 30
                                             percent injury tolerance.
B1D.......................................  Choice Dark-brown Heavy
                                             Leaf.
                                             Medium to heavy body, ripe,
                                             firm, oily, elastic,
                                             strong, bright finish, deep
                                             color intensity, normal
                                             width, 95 percent uniform
                                             and 5 percent injury
                                             tolerance.
B2D.......................................  Fine Dark-brown Heavy Leaf.
                                             Medium to heavy body, ripe,
                                             firm, oily, elastic,
                                             strong, clear finish, deep
                                             color intensity, normal
                                             width, 90 percent uniform,
                                             and 10 percent injury
                                             tolerance.
B3D.......................................  Good Dark-brown Heavy Leaf.
                                             Medium to heavy body, ripe,
                                             firm, oily, semielastic,
                                             normal strength, clear
                                             finish, moderate color
                                             intensity, normal width, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
B4D.......................................  Fair Dark-brown Heavy Leaf.
                                             Medium to heavy body,
                                             mature, close, lean in oil,
                                             inelastic, weak, dull
                                             finish, pale color
                                             intensity, narrow, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
B5D.......................................  Low Dark-brown Heavy Leaf.
                                             Medium to heavy body,
                                             mature, close, lean in oil,
                                             inelastic, weak, dull
                                             finish, pale color
                                             intensity, narrow, 60
                                             percent uniform, and 40
                                             percent injury tolerance.
B3M.......................................  Good Mixed Color or
                                             Variegated Heavy Leaf.
                                             Medium to heavy body, ripe,
                                             firm, oily, semielastic,
                                             normal strength, clear
                                             finish, normal width, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
B4M.......................................  Fair Mixed Color or
                                             Variegated Heavy Leaf.
                                             Medium to heavy body,
                                             mature, close, lean in oil,
                                             inelastic, weak, dull
                                             finish, narrow, 70 percent
                                             uniform, and 30 percent
                                             injury tolerance.
B5M.......................................  Low Mixed Color or
                                             Variegated Heavy Leaf.
                                             Medium to heavy body,
                                             mature, close, lean in oil,
                                             inelastic, weak, dull
                                             finish, narrow, 60 percent
                                             uniform, and 40 percent
                                             injury tolerance.
B3VF......................................  Good Greenish Medium-brown
                                             Heavy Leaf.
                                             Medium body, mature, firm,
                                             oily, semielastic, normal
                                             strength, clear finish,
                                             normal width, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
B4VF......................................  Fair Greenish Medium-brown
                                             Heavy Leaf.
                                             Medium body, mature, close,
                                             lean in oil, inelastic,
                                             weak, dull finish, narrow,
                                             70 percent uniform, and 30
                                             percent injury tolerance.
B5VF......................................  Low Greenish Medium-brown
                                             Heavy Leaf.
                                             Medium body, mature, close,
                                             lean in oil, inelastic,
                                             weak, dull finish, narrow,
                                             60 percent uniform, and 40
                                             percent injury tolerance.
B3G.......................................  Good Green Heavy Leaf.
                                             Medium to heavy body,
                                             mature, firm, oily, semi-
                                             elastic, normal strength,
                                             clear finish, normal width,
                                             80 percent uniform, and 20
                                             percent injury tolerance.
B4G.......................................  Fair Green Heavy Leaf.
                                             Medium to heavy body,
                                             mature, close, lean in oil,
                                             inelastic, weak, dull
                                             finish, narrow, 70 percent
                                             uniform, and 30 percent
                                             injury tolerance.
B5G.......................................  Low Green Heavy Leaf.
                                             Medium to heavy body,
                                             immature, close, lean in
                                             oil, inelastic, weak, dull
                                             finish, narrow, 60 percent
                                             uniform, and 40 percent
                                             injury tolerance.
------------------------------------------------------------------------


[37 FR 13626, July 12, 1972; 37 FR 15501, Aug. 3, 1972, as amended at 49 
FR 16757, Apr. 20, 1984; 51 FR 40407, Nov. 7, 1986]



Sec.  29.2663  Thin Leaf (C Group).

    This group consists of leaves that are thin in body.

------------------------------------------------------------------------
                                                   Grade names and
                  Grades                           specifications
------------------------------------------------------------------------
C1L.......................................  Choice Light-brown Thin
                                             Leaf.
                                             Thin, ripe, firm, oily,
                                             semielastic, normal
                                             strength, bright finish,
                                             deep color intensity,
                                             normal width, 95 percent
                                             uniform, and 5 percent
                                             injury tolerance.
C2L.......................................  Fine Light-brown Thin Leaf.
                                             Thin, ripe, firm, oily,
                                             semielastic, normal
                                             strength, clear finish,
                                             deep color intensity,
                                             normal width, 90 percent
                                             uniform, and 10 percent
                                             injury tolerance.
C3L.......................................  Good Light-brown Thin Leaf.
                                             Thin, ripe, firm, oily,
                                             inelastic, normal strength,
                                             clear finish, moderate
                                             color intensity, normal
                                             width, 80 percent uniform,
                                             and 20 percent injury
                                             tolerance.
C4L.......................................  Fair Light-brown Thin Leaf.
                                             Thin, mature, close, lean
                                             in oil, inelastic, weak,
                                             dull finish, pale color
                                             intensity, narrow, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
C5L.......................................  Low Light-brown Thin Leaf.
                                             Thin, mature, close, lean
                                             in oil, inelastic, weak,
                                             dull finish, pale color
                                             intensity, narrow, 60
                                             percent uniform, and 40
                                             percent injury tolerance.
C1F.......................................  Choice Medium-brown Thin
                                             Leaf.

[[Page 122]]

 
                                             Thin, ripe, firm, oily,
                                             semielastic, normal
                                             strength, bright finish,
                                             deep color intensity,
                                             normal width, 95 percent
                                             uniform, and 5 percent
                                             injury tolerance.
C2F.......................................  Fine Medium-brown Thin Leaf.
                                             Thin, ripe, firm, oily,
                                             semielastic, normal
                                             strength, clear finish,
                                             deep color intensity,
                                             normal width, 90 percent
                                             uniform, and 10 percent
                                             injury tolerance.
C3F.......................................  Good Medium-brown Thin Leaf.
                                             Thin, ripe, firm, oily,
                                             inelastic, normal strength,
                                             clear finish, moderate
                                             color intensity, normal
                                             width, 80 percent uniform,
                                             and 20 percent injury
                                             tolerance.
C4F.......................................  Fair Medium-brown Thin Leaf.
                                             Thin, mature, close, lean
                                             in oil, inelastic, weak,
                                             dull finish, pale color
                                             intensity, narrow, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
C5F.......................................  Low Medium-brown Thin Leaf.
                                             Thin, mature, close, lean
                                             in oil, inelastic, weak,
                                             dull finish, pale color
                                             intensity, narrow, 60
                                             percent uniform, and 40
                                             percent injury tolerance.
C1D.......................................  Choice Dark-brown Thin Leaf.
                                             Thin, ripe, firm, oily,
                                             semielastic, normal
                                             strength, bright finish,
                                             deep color intensity,
                                             normal width, 95 percent
                                             uniform, and 5 percent
                                             injury tolerance.
C2D.......................................  Fine Dark-brown Thin Leaf.
                                             Thin, ripe, firm, oily,
                                             semielastic, normal
                                             strength, clear finish,
                                             deep color intensity,
                                             normal width, 90 percent
                                             uniform, and 10 percent
                                             injury tolerance.
C3D.......................................  Good Dark-brown Thin Leaf.
                                             Thin, ripe, firm, oily,
                                             inelastic, normal strength,
                                             clear finish, moderate
                                             color intensity, normal
                                             width, 80 percent uniform,
                                             and 20 percent injury
                                             tolerance.
C4D.......................................  Fair Dark-brown Thin Leaf.
                                             Thin, mature, close, lean
                                             in oil, inelastic, weak,
                                             dull finish, pale color
                                             intensity, narrow, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
C5D.......................................  Low Dark-brown Thin Leaf.
                                             Thin, mature, close, lean
                                             in oil, inelastic, weak,
                                             dull finish, pale color
                                             intensity, narrow, 60
                                             percent uniform, and 40
                                             percent injury tolerance.
C3M.......................................  Good Mixed Color or
                                             Variegated Thin Leaf.
                                             Thin, ripe, firm, oily,
                                             inelastic, normal strength,
                                             clear finish, normal,
                                             width, 80 percent uniform,
                                             and 20 percent injury
                                             tolerance.
C4M.......................................  Fair Mixed Color or
                                             Variegated Thin Leaf.
                                             Thin, mature, close, lean
                                             in oil, inelastic, weak,
                                             dull finish, narrow, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
C5M.......................................  Low Mixed Color or
                                             Variegated Thin Leaf.
                                             Thin, mature, close, lean
                                             in oil, inelastic, weak,
                                             dull finish, narrow, 60
                                             percent uniform, and 40
                                             percent injury tolerance.
C3VF......................................  Good Greenish Medium-brown
                                             Thin Leaf.
                                             Thin, mature, firm, oily,
                                             inelastic, normal strength,
                                             clear finish, normal width,
                                             80 percent uniform, and 20
                                             percent injury tolerance.
C4VF......................................  Fair Greenish Medium-brown
                                             Thin Leaf.
                                             Thin, mature, close, lean
                                             in oil, inelastic, weak,
                                             dull finish, narrow, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
C5VF......................................  Low Greenish Medium-brown
                                             Thin Leaf.
                                             Thin, mature, close, lean
                                             in oil, inelastic, weak,
                                             dull finish, narrow, 60
                                             percent uniform, and 40
                                             percent injury tolerance.
C3G.......................................  Good Green Thin Leaf.
                                             Thin, mature, firm, oily,
                                             inelastic, normal strength,
                                             clear finish, normal width,
                                             80 percent uniform, and 20
                                             percent injury tolerance.
C4G.......................................  Fair Green Thin Leaf.
                                             Thin, immature, close, lean
                                             in oil, inelastic, weak,
                                             dull finish, narrow, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
C5G.......................................  Low Green Thin Leaf.
                                             Thin, immature, close, lean
                                             in oil, inelastic, weak,
                                             dull finish, narrow, 60
                                             percent uniform, and 40
                                             percent injury tolerance.
------------------------------------------------------------------------


[37 FR 13626, July 12, 1972, as amended at 49 FR 16757, Apr. 20, 1984]



Sec.  29.2664  Lugs (X Group).

    This group consists of leaves that normally grow near the bottom of 
the stalk. Leaves of the X group usually have a high degree of maturity 
and show ground injury.

------------------------------------------------------------------------
                                                   Grade names and
                  Grades                           specifications
------------------------------------------------------------------------
X1L.......................................  Choice Light-brown Lugs.
                                             Thin, ripe, firm, oily,
                                             normal strength, clear
                                             finish, moderate color
                                             intensity, 95 percent
                                             uniform, and 5 percent
                                             injury tolerance.
X2L.......................................  Fine Light-brown Lugs.
                                             Thin, ripe, firm, oily,
                                             normal strength, clear
                                             finish, moderate color
                                             intensity, 90 percent
                                             uniform, and 10 percent
                                             injury tolerance.
X3L.......................................  Good Light-brown Lugs.
                                             Thin, ripe, firm, oily,
                                             normal dull finish, pale
                                             color intensity, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
X4L.......................................  Fair Light-brown Lugs.
                                             Thin, mature, open, lean in
                                             oil, weak, dull finish,
                                             pale color intensity, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
X5L.......................................  Low Light-brown Lugs.
                                             Thin, mature, open, lean in
                                             oil, weak, dull finish,
                                             pale color intensity, 60
                                             percent uniform, and 40
                                             percent injury tolerance.
X1F.......................................  Choice Medium-brown Lugs.
                                             Medium body, ripe, firm,
                                             oily, normal strength,
                                             clear finish, moderate
                                             color intensity, 95 percent
                                             uniform, and 5 percent
                                             injury tolerance.
X2F.......................................  Fine Medium-brown Lugs.
                                             Medium body, ripe, firm,
                                             oily, normal strength,
                                             clear finish, moderate
                                             color intensity, 90 percent
                                             uniform, and 10 percent
                                             injury tolerance.
X3F.......................................  Good Medium-brown Lugs.
                                             Medium body, ripe, firm,
                                             lean in oil, weak, dull
                                             finish, pale color
                                             intensity, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
X4F.......................................  Fair Medium-brown Lugs.
                                             Thin to medium body,
                                             mature, open, lean in oil,
                                             weak, dull finish, pale
                                             color intensity, 70 percent
                                             uniform, and 30 percent
                                             injury tolerance.
X5F.......................................  Low Medium-brown Lugs.
                                             Thin to medium body,
                                             mature, open, lean in oil,
                                             weak, dull finish, pale
                                             color intensity, 60 percent
                                             uniform, and 40 percent
                                             injury tolerance.
X1D.......................................  Choice Dark-brown Lugs.
                                             Medium to heavy body, ripe,
                                             firm, oily, normal
                                             strength, clear finish,
                                             moderate color intensity,
                                             95 percent uniform, and 5
                                             percent injury tolerance.
X2D.......................................  Fine Dark-brown Lugs.

[[Page 123]]

 
                                             Medium to heavy body, ripe,
                                             firm, oily, normal
                                             strength, clear finish,
                                             moderate color intensity,
                                             90 percent uniform, and 10
                                             percent injury tolerance.
X3D.......................................  Good Dark-brown Lugs.
                                             Medium to heavy body, ripe,
                                             firm, lean in oil, weak,
                                             dull finish, pale color
                                             intensity, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
X4D.......................................  Fair Dark-brown Lugs.
                                             Medium to heavy body,
                                             mature, open, lean in oil,
                                             weak, dull finish, pale
                                             color intensity, 70 percent
                                             uniform, and 30 percent
                                             injury tolerance.
X5D.......................................  Low Dark-brown Lugs.
                                             Thin to heavy, mature,
                                             open, lean in oil, weak,
                                             dull finish, pale color
                                             intensity, 60 percent
                                             uniform, and 40 percent
                                             injury tolerance.
X3M.......................................  Good Mixed Color or
                                             Variegated Lugs.
                                             Thin to heavy, ripe, firm,
                                             lean in oil, weak, dull
                                             finish, 80 percent uniform,
                                             and 20 percent injury
                                             tolerance.
X4M.......................................  Fair Mixed Color or
                                             Variegated Lugs.
                                             Thin to heavy, mature,
                                             close, lean in oil, weak,
                                             dull finish, 70 percent
                                             uniform, and 30 percent
                                             injury tolerance.
X5M.......................................  Low Mixed Color or
                                             Variegated Lugs.
                                             Thin to heavy, mature,
                                             close, lean in oil, weak,
                                             dull finish, 60 percent
                                             uniform, and 40 percent
                                             injury tolerance.
X3VF......................................  Good Greenish Medium-brown
                                             Lugs.
                                             Medium body, mature, firm,
                                             lean in oil, weak, dull
                                             finish, 80 percent uniform,
                                             and 20 percent injury
                                             tolerance.
X4VF......................................  Fair Greenish Medium-brown
                                             Lugs.
                                             Thin to medium body,
                                             mature, close, lean in oil,
                                             weak, dull finish, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
X5VF......................................  Low Greenish Medium-brown
                                             Lugs.
                                             Thin to medium body,
                                             mature, close, lean in oil,
                                             weak, dull finish, 60
                                             percent uniform, and 40
                                             percent injury tolerance.
X3G.......................................  Good Green Lugs.
                                             Medium to heavy body,
                                             mature, firm, weak, lean in
                                             oil, dull finish, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
X4G.......................................  Fair Green Lugs.
                                             Thin to medium body,
                                             immature, close, lean in
                                             oil, weak, dull finish, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
X5G.......................................  Low Green Lugs.
                                             Thin to medium body,
                                             immature, close, lean in
                                             oil, weak, dull finish, 60
                                             percent uniform, and 40
                                             percent injury tolerance.
------------------------------------------------------------------------


[37 FR 13626, July 12, 1972, as amended at 49 FR 16757, Apr. 20, 1984; 
51 FR 40407, Nov. 7, 1986]



Sec.  29.2665  Nondescript (N Group).

    Extremely common tobacco which does not meet the minimum 
specifications or which exceeds the tolerance of the lowest grade of any 
other group except Scrap.

------------------------------------------------------------------------
                                                   Grade names and
                  Grades                           specifications
------------------------------------------------------------------------
N1L.......................................  First Quality Light Colored
                                             Nondescript.
                                             Thin to medium body and 60
                                             percent injury tolerance.
N1D.......................................  First Quality Dark Colored
                                             Nondescript.
                                             Medium to heavy body and 60
                                             percent injury tolerance.
N1GL......................................  First Quality Crude Green
                                             Nondescript from the C or B
                                             Groups 60 percent crude
                                             leaves or injury tolerance.
N1GX......................................  First Quality Crude Green
                                             Nondescript from the X
                                             Group 60 percent crude
                                             leaves or injury tolerance.
N2........................................  Substandard Nondescript.
                                             Nondescript of any group or
                                             color; over 60 percent
                                             crude leaves or injury
                                             tolerance.
------------------------------------------------------------------------


[37 FR 13626, July 12, 1972, as amended at 49 FR 16757, Apr. 20, 1984; 
51 FR 40407, Nov. 7, 1986]



Sec.  29.2666  Scrap (S Group).

    A byproduct of unstemmed and stemmed tobacco. Scrap accumulates from 
handling tobacco in farm buildings, warehouses, packing and conditioning 
plants, and stemmeries.

------------------------------------------------------------------------
                                                   Grade names and
                  Grades                           specifications
------------------------------------------------------------------------
S.........................................  Scrap.
                                             Tangled, whole, or broken
                                             unstemmed leaves, or the
                                             web portions of tobacco
                                             leaves reduced to scrap by
                                             any process.
------------------------------------------------------------------------


[37 FR 13626, July 12, 1972, as amended at 49 FR 16757, Apr. 20, 1984]

                       Summary of Standard Grades



Sec.  29.2686  Summary of standard grades.

                          6 Grades of Wrappers
------------------------------------------------------------------------
A1F                A3F               A2D                A3D
A2F                A1D
------------------------------------------------------------------------
 
                         19 Grades of Heavy Leaf
------------------------------------------------------------------------
B1F                B1D               B3M                B5VF
B2F                B2D               B4M                B3G
B3F                B3D               B5M                B4G
B4F                B4D               B3VF               B5G
B5F                B5D               B4VF
------------------------------------------------------------------------
 
                         24 Grades of Thin Leaf
------------------------------------------------------------------------
C1L                C2F               C3D                C3VF
C2L                C3F               C4D                C4VF
C3L                C4F               C5D                C5VF
C4L                C5F               C3M                C3G
C5L                C1D               C4M                C4G
C1F                C2D               C5M                C5G
------------------------------------------------------------------------
 
                            24 Grades of Lugs
------------------------------------------------------------------------
X1L                X2F               X3D                X3VF
X2L                X3F               X4D                X4VF
X3L                X4F               X5D                X5VF
X4L                X5F               X3M                X3G
X5L                X1D               X4M                X4G
X1F                X2D               X5M                X5G
 


                         5 Grades of Nondescript
------------------------------------------------------------------------
N1L            N1D            N1GL           N1GX           N2
------------------------------------------------------------------------
 

[[Page 124]]

 
                     1 Grade of Scrap
------------------------------------------------------------------------
               .............  S
------------------------------------------------------------------------
 

    Special factors ``U'', ``W'', ``S'' and ``SF'' may be applied to all 
grades. Tobacco not covered by the standard grades is designated ``No-
G.''

                        Standard Sizes Applicable
A1, A2, A3....................................................      2, 3
B1, B2, B3, B4, B5............................................   1, 2, 3
C1, C2, C3, C4, C5............................................   1, 2, 3
 


[37 FR 13626, July 12, 1972, as amended at 49 FR 16757, Apr. 20, 1984; 
51 FR 40407, Nov. 7, 1986]

                       Key to Standard Grademarks



Sec.  29.2696  Key to standard grademarks.

                                 Groups

A--Wrappers.
B--Heavy Leaf.
C--Thin Leaf.
X--Lugs.
N--Nondescript.
S--Scrap.

                                Qualities

1--Choice.
2--Fine.
3--Good.
4--Fair.
5--Low.

                                 Colors

L--Light brown.
F--Medium brown.
D--Dark brown.
M--Mixed or variegates.
VF--Greenish medium brown.
G--Green.

 Official Standard Grades for Burley Tobacco (U.S. Type 31 and Foreign 
                                Type 93)

    Source: Sections 29.3001 through 29.3182 appear at 24 FR 8771, Oct. 
29, 1959, unless otherwise noted.

                               definitions



Sec.  29.3001  Definitions.

    As used in these standards, the words and phrases hereinafter 
defined shall have the indicated meanings so assigned.



Sec.  29.3002  Air-cured.

    Tobacco cured under natural atmospheric conditions. Artificial heat 
is sometimes used to control excess humidity during the curing period to 
prevent house-burn and barn-burn in damp weather. Air-cured tobacco 
should not carry the odor of smoke or fumes resulting from the 
application of artificial heat.



Sec.  29.3003  Air-dried.

    The condition of unfermented tobacco as customarily prepared for 
storage under natural atmospheric conditions.



Sec.  29.3004  Body.

    The thickness and density of a leaf or the weight per unit of 
surface. (See Elements of quality.)



Sec.  29.3005  Burley, Type 31.

    That type of air-cured tobacco, commonly known as Burley, produced 
principally in Kentucky, Tennessee, Virginia, North Carolina, Ohio, 
Indiana, West Virginia, and Missouri.



Sec.  29.3006  Burley, Type 93.

    That type of air-cured tobacco commonly known as Foreign-grown 
Burley, produced in countries other than the United States.

[49 FR 16757, Apr. 20, 1984]



Sec.  29.3007  Buff color (L).

    A light yellow slightly shaded toward red.

[24 FR 8771, Oct. 29, 1959; 24 FR 9121, Nov. 10, 1959. Redesignated at 
49 FR 16757, Apr. 20, 1984]



Sec.  29.3008  Class.

    A major division of tobacco based on method of cure or principal 
usage.

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec.  29.3009  Clean.

    Tobacco is described as clean when it contains only a normal amount 
of sand or soil particles. Leaves grown on the lower portion of the 
stalk normally contain more dirt or sand than those from higher stalk 
positions. (See Rule 20.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]

[[Page 125]]



Sec.  29.3010  Color.

    The third factor of a grade, based on the relative hues, saturations 
or chroma, and color values common to the type.

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec.  29.3011  Color intensity.

    The varying degree of saturation or chroma. Color intensity as 
applied to tobacco describes the strength or weakness of a specific 
color or hue. It is applicable to all colors except variegated. Color 
intensity is reversed in its application to grades of greenish and green 
tobaccos and is omitted from these grade specifications. (See Elements 
of quality.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec.  29.3012  Color symbols.

    As applied to Burley, single color symbols are as follows: L--buff, 
F--tan, R--red, D--dark red, K--variegated, M--mixed color, V--greenish, 
and G--green.

[24 FR 8771, Oct. 29, 1959, as amended at 35 FR 10490, June 27, 1970. 
Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec.  29.3013  Combination color symbols.

    As applied to Burley, combination color symbols are as follows: FL--
tannish buff, FR--tannish red, VF--greenish tan, VR--greenish red, GF--
green tan, and GR--green red. (See rules 17 and 18.)

[51 FR 40407, Nov. 7, 1986]



Sec.  29.3014  Condition.

    The state of tobacco which results from the method of preparation or 
from the degree of fermentation. Words used to describe the condition of 
tobacco are as follows: Undried, air-dried, steam-dried, sweating, 
sweated, and aged. Burley is air-dried or steam-dried for storage and 
aging.

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec.  29.3015  Crude.

    A subdegree of maturity. Crude leaves are usually hard and slick as 
a result of extreme immaturity. A similar condition may result from 
sunburn or sunscald. Any leaf which is crude to the extent of 20 percent 
of its leaf surface may be described as crude. (See Rule 19.)

[24 FR 8771, Oct. 29, 1959; 24 FR 9121, Nov. 10, 1959. Redesignated at 
49 FR 16757, Apr. 20, 1984]



Sec.  29.3016  Cured.

    Tobacco dried of its sap by either natural or artificial processes.

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec.  29.3017  Damage.

    The effect of mold, must, rot, black rot, or other fungous or 
bacterial diseases which attack tobacco in its cured state. Tobacco 
having the odor of mold, must, or rot is considered damaged. (See Rule 
23.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec.  29.3018  Dark red color (D).

    A dark reddish brown.

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec.  29.3019  Dirty.

    The state of tobacco containing an abnormal amount of dirt or sand, 
or tobacco to which additional quantities of dirt or sand have been 
added. (See Rule 23.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec.  29.3020  Elements of quality.

    Elements of quality and the degrees used in the specifications of 
the official standard grades of Burley, Types 31 and 93, are shown in 
Sec.  29.3101. Words have been selected to describe the degrees of each 
element. Some of the words are almost synonymous in their meaning, yet, 
they are sufficiently different to represent steps within the range of 
the elements of quality to which they are applied.

[24 FR 8771, Oct. 29, 1959. Redesignated and amended at 49 FR 16757, 
Apr. 20, 1984]



Sec.  29.3021  Fiber.

    The term applied to the veins in a tobacco leaf. The large central 
vein is

[[Page 126]]

called the midrib or stem. The smaller lateral and cross veins are 
considered from the standpoint of size and color and in some types are 
treated as elements of quality. In Burley, fiber size and color are not 
of great importance, except where a fine distinction must be made 
between several lots of high quality or between sides of the same lot.

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec.  29.3022  Finish.

    The reflectance factor in color perception. Finish indicates the 
sheen or shine of the surface of a tobacco leaf. Descriptive terms range 
from bright to dingy. (See Elements of quality.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec.  29.3023  Foreign matter.

    Any extraneous substance or material such as stalks, suckers, straw, 
strings, rubber bands, et cetera. Abnormal amounts of dirt or sand also 
are included. (See Rule 23.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec.  29.3024  Form.

    The stage of preparation of tobacco such as unstemmed or stemmed.

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec.  29.3025  General color.

    The color of tobacco considered in relation to the type as a whole. 
General color is distinguished from the restricted use of the term 
``color'' within a group. It is basically related to body and other 
overall characteristics of the type.

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec.  29.3026  General quality.

    The quality of tobacco considered in relation to the type as a 
whole. General quality is distinguished from the restricted use of the 
term ``quality'' within a group.

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec.  29.3027  Grade.

    A subdivision of a type according to group, quality, and color.

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec.  29.3028  Grademark.

    A grademark normally consists of three symbols which indicate group, 
quality, and color. A letter is used to indicate group, a number to 
indicate quality, and a letter or letters to indicate color. For 
example, C2F means Lugs, second quality, and tan color.

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec.  29.3029  Green (G).

    A color term applied to immature or crude tobacco. Any leaf which 
has a green color affecting 20 percent or more of its leaf surface may 
be described as green. (See Rule 18.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec.  29.3030  Greenish (V).

    A color term applied to greenish-tinged tobacco. Any leaf which has 
a greenish tinge or a pale green color affecting 20 percent or more of 
its surface may be described as greenish. (See Rule 17.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec.  29.3031  Group.

    A division of a type covering closely related grades based on 
certain characteristics which are related to stalk position or the 
general quality of the tobacco. Groups in Burley, Types 31 and 93, are 
as follows: Flyings (X), Lugs or Cutters (C), Leaf (B), Tips (T), Mixed 
(M), Nondescript (N), and Scrap (S).

[24 FR 8771, Oct. 29, 1959. Redesignated and amended at 49 FR 16757, 
Apr. 20, 1984]



Sec.  29.3032  Injury.

    Hurt or impairment from any cause except the fungous or bacterial 
diseases which attack tobacco in its cured state. (See definition of 
Damage.) Injury to tobacco may be caused by field diseases, insects, or 
weather conditions; insecticides, fungicides, or cell

[[Page 127]]

growth inhibitors; nutritional deficiencies or excesses; or improper 
fertilizing, harvesting, curing, or handling. Injured tobacco includes 
dead, burnt, hail-cut, torn, broken, frostbitten, sunburned, sunscalded, 
scorched, fire-killed, bulk-burnt, steam-burnt, barn-burnt, house-burnt, 
bleached, bruised, discolored, or deformed leaves; or tobacco affected 
by wildfire, rust, frog- eye, mosaic, root rot, wilt, black shank, or 
other diseases. (See Elements of quality and Rule 14.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]



Sec.  29.3033  Leaf.

    Whole, unstemmed leaf. Leaf, when applied to tobacco in strip form, 
shall describe the divided unit of a whole leaf.

[49 FR 16758, Apr. 20, 1984]



Sec.  29.3034  Leaf scrap.

    A by-product of unstemmed tobacco. Leaf scrap results from handling 
unstemmed tobacco and consists of loose and tangled whole or broken 
leaves.

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16758, Apr. 20, 1984]



Sec.  29.3035  Leaf structure.

    The cell development of a leaf as indicated by its porosity or 
solidity. (See Elements of quality.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16758, Apr. 20, 1984]



Sec.  29.3036  Leaf surface.

    The smoothness or roughness of the web or lamina of a tobacco leaf. 
Leaf surface is affected to some extent by the size and shrinkage of the 
veins or fibers. (See Elements of quality.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16758, Apr. 20, 1984]



Sec.  29.3037  Length.

    The linear measurement of cured tobacco leaves from the butt of the 
midrib to the extreme tip. Length, as an element of quality, does not 
apply to tobacco in strip form. (See Elements of quality.)

[24 FR 8771, Oct. 29, 1959. Redesignated and amended at 49 FR 16757, 
16758, Apr. 20, 1984]



Sec.  29.3038  Lot.

    A pile, basket, bulk, bale or bales, sheet, case hogshead, tierce, 
package, or other definite package unit.

[48 FR 40366, Sept. 7, 1983. Redesignated at 49 FR 16758, Apr. 20, 1984]



Sec.  29.3039  Maturity.

    The degree of ripeness. Tobacco is mature when it reaches its prime 
state of development. The extremes are expressed as immature and mellow. 
(See Elements of quality.)

[24 FR 8771, Oct. 29, 1959; 24 FR 9121, Nov. 10, 1959. Redesignated at 
49 FR 16758, Apr. 20, 1984]



Sec.  29.3040  Mixed color (M).

    Distinctly different colors of the type mingled together. (See Rule 
16.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16758, Apr. 20, 1984]



Sec.  29.3041  Nested.

    Any lot of Type 31 tobacco which as has been loaded, packed or 
arranged to conceal foreign matter or tobacco of inferior grade, 
quality, or condition. Nested includes:
    (a) Any lot of tobacco which contains foreign matter, is damaged, 
injured, or tangled, or contains other inferior tobacco, any of which 
cannot be readily detected upon inspection because of the way the lot is 
packed or arranged;
    (b) Any lot of tobacco which consists of distinctly different 
grades, qualities or conditions and which is stacked or arranged with 
the same kinds together so that the tobacco in the lower portions of the 
lot is distinctly inferior in grade, quality or condition from the 
tobacco in the top portion of the lot.

[47 FR 51721, Nov. 17, 1982. Redesignated and amended at 49 FR 16757, 
16758, Apr. 20, 1984]



Sec.  29.3042  No grade.

    A designation applied to a lot of tobacco which is classified as 
offtype, rework, semicured, damaged 20 percent or more, abnormally 
dirty, contains

[[Page 128]]

foreign matter, and/or having an odor foreign to the type.

[47 FR 51721, Nov. 17, 1982. Redesignated at 49 FR 16758, Apr. 20, 1984]



Sec.  29.3043  No-G-Nested.

    A designation applied to a lot of Type 31 tobacco which is 
classified as nested.

[47 FR 51721, Nov. 17, 1982. Redesignated and amended at 49 FR 16757, 
16758, Apr. 20, 1984]



Sec.  29.3044  Offtype.

    Tobacco of distinctly different characteristics which cannot be 
classified as Burley, Type 31 or 93. (See Rule 23.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51721, Nov. 17, 1982. 
Redesignated and amended at 49 FR 16757, 16758, Apr. 20, 1984]



Sec.  29.3045  Order (case).

    The state of tobacco with respect to its moisture content.

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16758, Apr. 20, 1984]



Sec.  29.3046  Oriented.

    A term applied to Type 31 untied tobacco which denotes the 
arrangement of leaves in a straight and orderly manner. Oriented 
includes:
    (a) Any lot of baled tobacco in which the leaves are packed parallel 
to the length of the bale with the butts to the outside and the tips of 
the leaves overlapping sufficiently to make a level, solid and uniform 
package;
    (b) Any lot of sheeted tobacco in which the leaves are arranged in a 
circular pattern with the butts to the outside.

[48 FR 40366, Sept. 7, 1983. Redesignated and amended at 49 FR 16758, 
Apr. 20, 1984]



Sec.  29.3047  Package.

    A hogshead, tierce, case, bale, or other securely enclosed parcel or 
bundle.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
and at 49 FR 16758, Apr. 20, 1984]



Sec.  29.3048  Packing.

    A lot of tobacco consisting of a number of packages submitted as one 
definite unit for sampling or inspection. It is represented to contain 
the same kind of tobacco and has a common identification number or mark 
on each package.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
and at 49 FR 16758, Apr. 20, 1984]



Sec.  29.3049  Pink or pinkish.

    A color term applied to pink or pinkish tobacco. Any leaf which has 
a pink or pinkish color affecting 20 percent or more of its leaf surface 
is considered as mixed color. (See Rule 16.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
and at 49 FR 16758, Apr. 20, 1984]



Sec.  29.3050  Quality.

    A division of a group or the second factor of a grade, based on the 
relative degree of one or more elements of quality in tobacco.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
and at 49 FR 16758, Apr. 20, 1984]



Sec.  29.3051  Raw.

    Freshly harvested tobacco or tobacco as it appears between the time 
of harvesting and the beginning of the curing process.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
and at 49 FR 16758, Apr. 20, 1984]



Sec.  29.3052  Red color (R).

    A brownish red.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
and at 49 FR 16758, Apr. 20, 1984]



Sec.  29.3053  Rework.

    Any lot of Type 31 tobacco which needs to be restored or otherwise 
rearranged to prepare it properly for market, including:
    (a) Tobacco which contains an abnormally large quantity of foreign 
matter or an unusual number of muddy or extremely dirty leaves which 
should be removed;
    (b) Tobacco not properly tied in hands, not packed in bales 
approximately 1 x 2 x 3 feet, not oriented, not packed straight, bales 
not opened for inspection when chosen by a grader, or

[[Page 129]]

otherwise not properly prepared for market.

[47 FR 51722, Nov. 17, 1982. Redesignated and amended at 49 FR 16758, 
Apr. 20, 1984; 60 FR 7429, Feb. 8, 1995; 62 FR 60156, Nov. 7, 1997]



Sec.  29.3054  Semicured.

    Tobacco in the process of being cured or which is partially but not 
thoroughly cured. Semicured includes tobacco which contains fat stems, 
wet butts, swell stems, frozen tobacco, and tobacco having frozen stems 
or stems that have not been thoroughly dried in the curing process. (See 
Rule 23.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
and at 49 FR 16758, Apr. 20, 1984]



Sec.  29.3055  Side.

    A certain phase of quality, color, or length as contrasted with some 
other phase of quality, color, or length; or any peculiar characteristic 
of tobacco.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
and at 49 FR 16758, Apr. 20, 1984]



Sec.  29.3056  Sound.

    Free of damage.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
and at 49 FR 16758, Apr. 20, 1984]



Sec.  29.3057  Special factor.

    A symbol or term authorized to be used with specified grades. 
Tobacco to which a special factor is applied may meet the general 
specifications but has a peculiar side or characteristic which tends to 
modify the grade. (See Rule 9.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
and at 49 FR 16758, Apr. 20, 1984]



Sec.  29.3058  Steam-dried.

    The condition of unfermented tobacco as customarily prepared for 
storage by means of a redrying machine or other steam-conditioning 
equipment.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
and at 49 FR 16758, Apr. 20, 1984]



Sec.  29.3059  Stem.

    The midrib or large central vein of a tobacco leaf.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
and at 49 FR 16758, Apr. 20, 1984]



Sec.  29.3060  Stemmed.

    A form of tobacco, including strips and strip scrap, from which the 
stems or midribs have been removed.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
and at 49 FR 16758, Apr. 20, 1984]



Sec.  29.3061  Strength (tensile).

    The stress a tobacco leaf can bear without tearing. Tensile strength 
is not an important element of quality in Burley tobacco.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
and at 49 FR 16758, Apr. 20, 1984]



Sec.  29.3062  Strips.

    The sides of a tobacco leaf from which the stem has been removed; or 
a lot of tobacco composed of strips.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
and at 49 FR 16758, Apr. 20, 1984]



Sec.  29.3063  Subgrade.

    Any grade modified by a special factor symbol.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
and at 49 FR 16758, Apr. 20, 1984]



Sec.  29.3064  Sweated.

    The condition of tobacco which has passed through one or more 
fermentations natural to tobacco packed with a normal percentage of 
moisture. This condition is sometimes described as aged.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
and at 49 FR 16758, Apr. 20, 1984]



Sec.  29.3065  Sweating.

    The condition of tobacco in the process of fermentation.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
and at 49 FR 16758, Apr. 20, 1984]

[[Page 130]]



Sec.  29.3066  Tan color.

    A light red-yellow.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
and at 49 FR 16758, Apr. 20, 1984]



Sec.  29.3067  Tannish-buff (FL).

    A light red-yellow shaded toward buff.

[51 FR 40407, Nov. 7, 1986]



Sec.  29.3068  Tannish-red color (FR).

    A light red shaded toward tan.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
49 FR 16758, Apr. 20, 1984 and 51 FR 40407, Nov. 7, 1986]



Sec.  29.3069  Tobacco.

    Tobacco as it appears between the time it is cured and stripped from 
the stalk, or primed and cured, and the time it enters into the 
different manufacturing processes. The acts of stemming, threshing and 
sweating, and conditioning are not regarded as manufacturing processes. 
Tobacco, as used in these standards, does not include manufactured or 
semimanufactured products, stems, cuttings, clippings, trimmings, 
siftings, or dust.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982. 
Redesignated and amended at 49 FR 16758, Apr. 20, 1984, and further 
redesignated at 51 FR 40407, Nov. 7, 1986]



Sec.  29.3070  Tobacco products.

    Manufactured tobacco, including cigarettes, cigars, smoking tobacco, 
chewing tobacco, and snuff, which is subject to Internal Revenue tax.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
49 FR 16758, Apr. 20, 1984, and 51 FR 40407, Nov. 7, 1986]



Sec.  29.3071  Type.

    A division of a class of tobacco having certain common 
characteristics and closely related grades. Tobacco which has the same 
characteristics and corresponding qualities, colors, and lengths is 
classified as one type, regardless of any factors of historical or 
geographical nature which cannot be determined by an examination of the 
tobacco.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
49 FR 16758, Apr. 20, 1984, and 51 FR 40407, Nov. 7, 1986]



Sec.  29.3072  Undried.

    The condition of unfermented tobacco which has not been air-dried or 
steam-dried.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
49 FR 16758, Apr. 20, 1984, and 51 FR 40407, Nov. 7, 1986]



Sec.  29.3073  Uniformity.

    An element of quality which describes the consistency of a lot of 
tobacco as it is prepared for market. Uniformity is expressed in grade 
specifications as a percentage. The percentage is applicable to group, 
quality, and color. (See Rule 13.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
49 FR 16758, Apr. 20, 1984, and 51 FR 40407, Nov. 7, 1986]



Sec.  29.3074  Unsound (U).

    Damaged under 20 percent. (See Rule 21.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
49 FR 16758, Apr. 20, 1984, and 51 FR 40407, Nov. 7, 1986]



Sec.  29.3075  Unstemmed.

    A form of tobacco, including whole leaf and leaf scrap, from which 
the stems or midribs have not been removed.

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
49 FR 16758, Apr. 20, 1984, and 51 FR 40407, Nov. 7, 1986]



Sec.  29.3076  Variegated (K).

    Any leaf of which 20 percent or more of its surface is yellow, 
grayish, mottled, or bleached, and does not blend with the normal colors 
of the type or group and is generally characterized by a lower degree of 
leaf structure and maturity than tobacco of the corresponding group and 
quality. (See Rule 15.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
49 FR 16758, Apr. 20, 1984, and 51 FR 40407, Nov. 7, 1986]

[[Page 131]]



Sec.  29.3077  Wet (W).

    Any sound tobacco containing excessive moisture to the extent that 
it is in an unsafe or doubtful-keeping order. Wet applies to any tobacco 
which is not damaged but which is likely to damage if treated in the 
customary manner. (See Rule 22.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, 
49 FR 16758, Apr. 20, 1984, and 51 FR 40407, Nov. 7, 1986]



Sec.  29.3078  Width.

    The relative breadth of a tobacco leaf expressed in relation to its 
length. Width as an element of quality, does not apply to tobacco in 
strip form. (See Elements of quality.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982. 
Redesignated and amended at 49 FR 16758, Apr. 20, 1984, and further 
redesignated at 51 FR 40407, Nov. 7, 1986]

                           elements of quality



Sec.  29.3101  Elements of quality and degrees of each element.

    These standardized words or terms are used to describe tobacco 
quality and to assist in interpreting grade specifications. Tobacco 
attributes or characteristics which constitute quality are designated as 
elements of quality. The range within each element is expressed by the 
use of words or terms designated as degrees. These several degrees are 
arranged to show their relative value, but the actual value of each 
degree varies with type, group, and grade. In each case the first and 
last degrees represent the full range for the element, and the 
intermediate degrees show gradual steps between them.

--------------------------------------------------------------------------------------------------------------------------------------------------------
              Elements                                                                      Degrees
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 Body.............................  Tissuey...............  Thin..................  Medium...............  Fleshy...............  Heavy.
2 Maturity.........................  Mellow................  Ripe..................  Mature...............  Underripe............  Immature.
3 Leaf structure (porosity and       Porous................  Open..................  Firm.................  Close................  Solid.
 solidity)..
4 Leaf surface (smoothness)........  Smooth................  Even..................  Wavy.................  Wrinkly..............  Rough.
5 Finish...........................  Bright................  Clear.................  Moderate.............  Dull.................  Dingy.
6 Color intensity..................  Deep..................  Strong................   do..................  Weak.................  Pale.
7 Width............................  Broad.................  Spready...............  Normal...............  Narrow...............  Stringy.
8 Length...........................  (\1\).................  (\1\).................  (\1\)................  (\1\)................  (\1\)
9 Uniformity.......................  (\2\).................  (\2\).................  (\2\)................  (\2\)................  (\2\)
10 Injury tolerance................  (\2\).................  (\2\).................  (\2\)................  (\2\)................  (\2\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Expressed in inches.
\2\ Expressed in percentage.

                                  rules



Sec.  29.3103  Rules.

    The application of these official standard grades shall be in 
accordance with the following rules.



Sec.  29.3104  Rule 1.

    Each grade shall be treated as a subdivision of a particular type. 
When the grade is stated in an inspection certificate, the type also 
shall be stated.



Sec.  29.3105  Rule 2.

    The determination of a grade shall be based upon a thorough 
examination of a lot of tobacco or of an official sample of the lot.



Sec.  29.3106  Rule 3.

    In drawing an official sample from a hogshead or other package of 
tobacco, three or more breaks shall be made at such points and in such 
manner as the inspector or sampler may find necessary to determine the 
kinds of tobacco and the percentage of each kind contained in the lot. 
One break shall be made not more than six inches from the top of the 
package and one not more than six inches from the bottom. All breaks 
shall be made so that the tobacco contained in the center of the package 
is visible to the sampler. Tobacco shall be drawn from at least three 
breaks from which a representative sample shall be selected. The sample 
shall include tobacco of each different group, quality, color, length, 
and kind found in the lot in proportion to the quantities of each 
contained in the lot.

[24 FR 8771, Oct. 29, 1959, as amended at 49 FR 16758, Apr. 20, 1984]

[[Page 132]]



Sec.  29.3107  Rule 4.

    The grade assigned to any lot of tobacco shall be a true 
representation of the tobacco at the time of inspection and 
certification. If, at any time, it is found that a lot of tobacco does 
not comply with the specifications of the grade previously assigned, it 
shall not thereafter be represented as such grade.



Sec.  29.3108  Rule 5.

    A lot of tobacco on the marginal line between two colors shall be 
placed in the color with which it best corresponds with respect to body 
or other associated elements of quality.



Sec.  29.3109  Rule 6.

    Any lot of tobacco which meets the specifications of two grades 
shall be placed in the higher grade. Any lot of tobacco on the marginal 
line between two grades shall be placed in the lower grade.



Sec.  29.3110  Rule 7.

    A lot of tobacco meets the specifications of a grade when it is not 
lower in any degree of any element of quality than the minimum 
specifications of such grade.



Sec.  29.3111  Rule 8.

    In determining the grade of a lot of tobacco, the lot as a whole 
shall be considered. Minor irregularities which do not affect over one 
percent of the tobacco shall be overlooked.



Sec.  29.3112  Rule 9.

    Any special factor symbol, approved by the Director of the Tobacco 
Division of the Agricultural Marketing Service, may be used to show a 
peculiar side or characteristic of the tobacco which tends to modify the 
grade.

[24 FR 8771, Oct. 29, 1959, as amended at 49 FR 16758, Apr. 20, 1984]



Sec.  29.3113  Rule 10.

    Interpretations, the use of specifications, and the meaning of terms 
shall be in accordance with determinations or clarifications made by the 
Chief of the Standards Branch and approved by the Director.



Sec.  29.3114  Rule 11.

    The use of any grade may be restricted by the Director during any 
marketing season, when it is found that the grade is not needed or 
appears in insufficient volume to justify its use.



Sec.  29.3115  Rule 12.

    Any lot, except strip form, of Leaf (B Group) tobacco in which 20 
percent or more of its leaves are under 16 inches in length shall be 
designated as Tips (T Group).

[49 FR 16758, Apr. 20, 1984]



Sec.  29.3116  Rule 13.

    Degrees of uniformity shall be expressed in terms of percentages. 
The percentages shall govern the portion of a lot which must meet the 
specifications of the grade. The minor portion must be closely related 
but may be of a different group, quality, and color from the major 
portion. These percentages shall not affect limitations established by 
other rules.



Sec.  29.3117  Rule 14.

    The application of injury as an element of quality shall be 
expressed in terms of a percentage of tolerance. The appraisal of injury 
shall be based upon the percentage of affected leaf surface or the 
degree of injury. In appraising injury, consideration shall be given to 
the normal characteristics of the group as related to injury.



Sec.  29.3118  Rule 15.

    Any lot of tobacco containing over 20 percent of variegated leaves 
shall be described as ``variegated'' and designated by the color symbol 
``K.''

[51 FR 40407, Nov. 7, 1986]



Sec.  29.3119  Rule 16.

    Any lot of tobacco of B, C, or X groups which contains 30 percent or 
more of pink or pinkish leaves or contains 30 percent or more of a color 
distinctly different from the major color shall be classified as 
``mixed'' and designated by the color symbol ``M.''

[[Page 133]]



Sec.  29.3120  Rule 17.

    Any lot of tobacco containing 20 percent or more of greenish leaves, 
or any lot which contains 20 percent of greenish and green leaves 
combined, shall be designated by the color symbol ``V'' in the C group 
and the combination color symbols ``VF'' or ``VR'' in the B and T 
groups.



Sec.  29.3121  Rule 18.

    Any lot of tobacco containing 20 percent or more of green leaves, or 
any lot which is not crude but contains 20 percent or more of green and 
crude combined, shall be designated by the color symbol ``G'' in the X, 
C, and M groups and the combination color symbol ``GF'' and ``GR'' in 
the B and T groups.

[55 FR 40645, Oct. 4, 1990]



Sec.  29.3122  Rule 19.

    Crude leaves shall not be included in any grade of any color except 
green, green tan, and green red. Any lot containing 20 percent or more 
of crude leaves shall be designated as Nondescript.



Sec.  29.3123  Rule 20.

    All standard grades must be clean.



Sec.  29.3124  Rule 21.

    Tobacco damaged under 20 percent but which otherwise meets the 
specifications of a grade shall be treated as a subgrade by placing the 
special factor ``U'' after the grademark. Tobacco damaged 20 percent or 
more shall be designated as ``No-G.''



Sec.  29.3125  Rule 22.

    Sound tobacco that is wet or is doubtful-keeping order but which 
otherwise meets the specifications of a grade shall be treated as a 
subgrade by placing the special factor ``W'' after the grademark. This 
special factor does not apply to tobacco designated as ``No-G.''



Sec.  29.3126  Rule 23.

    Tobacco shall be designated as No Grade, using the grademark, ``No-
G,'' when it is dirty, offtype, semicured, needs to be reworked, damaged 
20 percent or more, contains foreign matter, or has an odor foreign to 
the type.

[47 FR 51722, Nov. 17, 1982]



Sec.  29.3127  Rule 24.

    Tobacco in Type 31 shall be designated by the grademark ``No-G-
Nested'' when it is nested.

[47 FR 51722, Nov. 17, 1982, as amended at 49 FR 16758, Apr. 20, 1984]



Sec.  29.3128  Rule 25.

    Tobacco in strip form which otherwise meets the specifications of a 
grade shall be treated as a subgrade by placing the special factor ``S'' 
preceding the grademark.

[49 FR 16758, Apr. 20, 1984]

                                 grades



Sec.  29.3151  Flyings (X Group).

    This group consists of leaves normally grown at the bottom of the 
stalk. These leaves are flat and open-faced and have a blunt or oblate 
tip. Compared with other groups on the stalk, Flyings consist of 
relatively thin to tissuey leaves which show the highest degree of 
maturity and the most open leaf structure. Flyings show a material 
amount of injury characteristic of leaves grown near the ground. (See 
Rule 14.)

------------------------------------------------------------------------
                                                   Grade names and
                  Grades                           specifications
------------------------------------------------------------------------
X1L.......................................  Choice Buff Flyings.
                                             Tissuey, mellow, open to
                                             porous, even, clear finish,
                                             strong color intensity, 95
                                             percent uniform, and 5
                                             percent injury tolerance.
X2L.......................................  Fine Buff Flyings.
                                             Tissuey, mellow, open to
                                             porous, even, moderate
                                             finish and color intensity,
                                             90 percent uniform, and 10
                                             percent injury tolerance.
X3L.......................................  Good Buff Flyings.
                                             Tissuey, ripe to mellow,
                                             open to porous, wavy, dull
                                             finish, weak color
                                             intensity, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
X4L.......................................  Fair Buff Flyings.
                                             Tissuey, mature to ripe,
                                             open to porous, wrinkly to
                                             wavy, dingy finish, pale
                                             color intensity, 70 percent
                                             uniform, and 30 percent
                                             injury tolerance.
X5L.......................................  Low Buff Flyings.
                                             Tissuey, mature to ripe,
                                             open to porous, wrinkly,
                                             dingy finish, pale color
                                             intensity, 60 percent
                                             uniform, and 40 percent
                                             injury tolerance.
X1F.......................................  Choice Tan Flyings.
                                             Thin, mellow, open to
                                             porous, even, clear finish,
                                             strong color intensity, 95
                                             percent uniform, and 5
                                             percent injury tolerance.
X2F.......................................  Fine Tan Flyings.

[[Page 134]]

 
                                             Thin, mellow, open to
                                             porous, even, moderate
                                             finish and color intensity,
                                             90 percent uniform, and 10
                                             percent injury tolerance.
X3F.......................................  Good Tan Flyings.
                                             Thin, ripe to mellow, open
                                             to porous, wavy, dull
                                             finish, weak color
                                             intensity, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
X4F.......................................  Fair Tan Flyings.
                                             Thin, mature to ripe, open
                                             to porous, wrinkly to wavy,
                                             dingy finish, pale color
                                             intensity, 70 percent
                                             uniform, and 30 percent
                                             injury tolerance.
X5F.......................................  Low Tan Flyings.
                                             Thin, mature to ripe, open
                                             to porous, wrinkly, dingy
                                             finish, pale color
                                             intensity, 60 percent
                                             uniform, and 40 percent
                                             injury tolerance.
X4M.......................................  Fair Mixed Color Flyings.
                                             Medium to tissuey body,
                                             mature to ripe, firm to
                                             porous, wrinkly to wavy,
                                             dingy finish, pale color
                                             intensity, 70 percent
                                             uniform, and 30 percent
                                             injury tolerance.
X5M.......................................  Low Mixed Color Flyings.
                                             Medium to tissuey body,
                                             mature to ripe, firm to
                                             porous, wrinkly, dingy
                                             finish, pale color
                                             intensity, 60 percent
                                             uniform, and 40 percent
                                             injury tolerance.
X4G.......................................  Fair Green Flyings.
                                             Medium to tissuey body,
                                             immature, firm, wrinkly to
                                             wavy, dingy finish, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
X5G.......................................  Low Green Flyings.
                                             Medium to tissuey body,
                                             immature, firm, wrinkly,
                                             dingy finish, 60 percent
                                             uniform, and 40 percent
                                             injury tolerance.
------------------------------------------------------------------------


[24 FR 8771, Oct. 29, 1959, as amended at 35 FR 10490, June 27, 1970; 49 
FR 16758, Apr. 20, 1984]



Sec.  29.3152  Lugs or Cutters (C Group).

    This group consists of leaves normally grown at the midportion of 
the stalk. Cured leaves from this stalk position have a tendency to 
roll, concealing the stem or midrib. Lugs or Cutters have an oblate to 
rounded tip and are usually thin to medium in body. The leaves are 
spready in relation to their length and show little or no ground injury.

------------------------------------------------------------------------
                                                   Grade names and
                  Grades                           specifications
------------------------------------------------------------------------
C1L.......................................  Choice Buff Lugs.
                                             Thin, ripe, open, smooth,
                                             bright finish, deep color
                                             intensity, broad, 20 or over in length, 95
                                             percent uniform and 5
                                             percent injury tolerance.
C2L.......................................  Fine Buff Lugs.
                                             Thin, ripe, open, smooth,
                                             bright finish, strong color
                                             intensity, spready, 20 or over in length,
                                             90 percent uniform, and 10
                                             percent injury tolerance.
C3L.......................................  Good Buff Lugs.
                                             Thin, ripe, open, even,
                                             clear finish, moderate
                                             color intensity, normal
                                             width, 18 or
                                             over in length, 85 percent
                                             uniform, and 15 percent
                                             injury tolerance.
C4L.......................................  Fair Buff Lugs.
                                             Thin, mature to ripe, firm
                                             to open, wavy to even,
                                             moderate finish, weak color
                                             intensity, narrow to normal
                                             width, 80 percent uniform,
                                             and 20 percent injury
                                             tolerance.
C5L.......................................  Low Buff Lugs.
                                             Thin, mature, firm to open,
                                             wavy dull finish, pale
                                             color intensity, narrow, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
C1F.......................................  Choice Tan Lugs.
                                             Medium to thin body, ripe,
                                             open, smooth, bright
                                             finish, deep color
                                             intensity, broad, 20 or over in length, 95
                                             percent uniform, and 5
                                             percent injury tolerance.
C2F.......................................  Fine Tan Lugs.
                                             Medium to thin body, ripe,
                                             open, smooth, bright
                                             finish, strong color
                                             intensity, spready, 20 or over in length,
                                             90 percent uniform, and 10
                                             percent injury tolerance.
C3F.......................................  Good Tan Lugs.
                                             Medium to thin body, ripe,
                                             open, even, clear finish,
                                             moderate color intensity,
                                             normal width, 18
                                             or over in length, 85
                                             percent uniform, and 15
                                             percent injury tolerance.
C4F.......................................  Fair Tan Lugs.
                                             Medium to thin body, mature
                                             to ripe, firm to open, wavy
                                             to even, moderate finish,
                                             weak color intensity,
                                             narrow to normal width, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
C5F.......................................  Low Tan Lugs.
                                             Medium to thin body,
                                             mature, firm to open, wavy,
                                             dull finish, pale color
                                             intensity, narrow, 70
                                             percent uniform and 30
                                             percent injury tolerance.
C3K.......................................  Good Variegated Lugs.
                                             Medium body, ripe, open,
                                             even, normal width, 18 or over in length,
                                             85 percent uniform, and 15
                                             percent injury tolerance.
C4K.......................................  Fair Variegated Lugs.
                                             Medium body, mature to
                                             ripe, firm to open, wavy to
                                             even, narrow to normal
                                             width, 80 percent uniform,
                                             and 20 percent injury
                                             tolerance.
C5K.......................................  Low Variegated Lugs.
                                             Medium body, mature, close
                                             to firm, wavy, narrow, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
C3M.......................................  Good Mixed Color Lugs.
                                             Medium to tissuey body,
                                             mature to ripe, firm to
                                             open, even, moderate finish
                                             and color intensity, normal
                                             width, 18 or
                                             over in length, 85 percent
                                             uniform, and 15 percent
                                             injury tolerance.
C4M.......................................  Fair Mixed Color Lugs.
                                             Medium to tissuey body,
                                             mature to ripe, firm to
                                             open, wavy to even, dull
                                             finish, weak color
                                             intensity, narrow to normal
                                             width, 80 percent uniform,
                                             and 20 percent injury
                                             tolerance.
C5M.......................................  Low Mixed Color Lugs.
                                             Medium to tissuey body,
                                             mature to ripe, firm to
                                             open, wavy, dingy finish
                                             pale color intensity,
                                             narrow, 70 percent uniform,
                                             and 30 percent injury
                                             tolerance.
C3V.......................................  Good Greenish Lugs.
                                             Medium to thin body,
                                             underripe open, even, clear
                                             finish, normal width 18 or over in length,
                                             85 percent uniform, and 15
                                             percent injury tolerance.
C4V.......................................  Fair Greenish Lugs.
                                             Medium to thin body,
                                             underripe, firm to open,
                                             wavy to even, moderate
                                             finish, narrow to normal
                                             width, 80 percent uniform,
                                             and 20 percent injury
                                             tolerance.
C5V.......................................  Low Greenish Lugs.

[[Page 135]]

 
                                             Medium to thin body,
                                             underripe firm to open,
                                             wavy, dull finish, narrow,
                                             70 percent uniform, and 30
                                             percent injury tolerance.
C4G.......................................  Fair Green Lugs.
                                             Medium body, immature,
                                             close to firm, wavy to
                                             even, moderate finish,
                                             narrow to normal width, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
C5G.......................................  Low Green Lugs.
                                             Medium body, immature,
                                             close to firm, wavy, dull
                                             finish, narrow, 70 percent
                                             uniform, and 30 percent
                                             injury tolerance.
------------------------------------------------------------------------


[24 FR 8771, Oct. 29, 1959, as amended at 35 FR 10490, June 27, 1970; 49 
FR 16758, Apr. 20, 1984]



Sec.  29.3153  Leaf (B Group).

    This group consists of leaves normally grown above the midpoint of 
the stalk. Cured leaves from the upper stalk position have a tendency to 
fold, concealing the face of the leaf and exposing the stem or midrib. 
These leaves have a pointed tip and generally are medium to heavy in 
body. They are narrower in relation to their length than corresponding 
qualities of the C Group.

------------------------------------------------------------------------
                                                   Grade names and
                  Grades                           specifications
------------------------------------------------------------------------
B1F.......................................  Choice Tan Leaf.
                                             Medium body, ripe, open,
                                             smooth, clear finish, deep
                                             color intensity, spready,
                                             20 or over in
                                             length, 95 percent uniform,
                                             and 5 percent injury
                                             tolerance.
B2F.......................................  Fine Tan Leaf.
                                             Medium body ripe, open,
                                             even, clear finish, deep
                                             color intensity, spready,
                                             20 or over in
                                             length, 90 percent uniform,
                                             and 10 percent injury
                                             tolerance.
B3F.......................................  Good Tan Leaf.
                                             Medium body, mature to
                                             ripe, firm to open, wavy to
                                             even, moderate finish and
                                             color intensity, narrow to
                                             normal width, 18
                                             or over in length, 85
                                             percent uniform, and 15
                                             percent injury tolerance.
B4F.......................................  Fair Tan Leaf.
                                             Medium body, mature, firm,
                                             wavy, dull finish, weak
                                             color intensity, narrow,
                                             16 or over in
                                             length, 80 percent uniform,
                                             and 20 percent injury
                                             tolerance.
B5F.......................................  Low Tan Leaf.
                                             Medium body, mature, firm,
                                             wrinkly, dingy finish, pale
                                             color intensity, stringy,
                                             16 or over in
                                             length, 70 percent uniform,
                                             and 30 percent injury
                                             tolerance.
B2FL......................................  Fine Tannish-buff Leaf.
                                             Medium body, ripe, open,
                                             even, clear finish, strong
                                             color intensity, spready,
                                             20'' or over in length, 90
                                             percent uniform, and 10
                                             percent injury tolerance.
B3FL......................................  Good Tannish-buff Leaf
                                             Medium body, mature to
                                             ripe, firm to open, wavy to
                                             even, moderate finish and
                                             color intensity, narrow to
                                             normal width, 18'' or over
                                             in length, 85 percent
                                             uniform, and 15 percent
                                             injury tolerance.
B4FL......................................  Fair Tannish-buff Leaf.
                                             Medium body, mature, firm,
                                             wavy, dull finish, weak
                                             color intensity, narrow,
                                             16'' or over in length, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
B1FR......................................  Choice Tannish-red Leaf.
                                             Fleshy to medium body,
                                             ripe, open, smooth, clear
                                             finish, deep color
                                             intensity, spready, 20 or over in length,
                                             95 percent uniform, and 5
                                             percent injury tolerance.
B2FR......................................  Fine Tannish-red Leaf.
                                             Fleshy to medium body,
                                             ripe, open, even, clear
                                             finish, strong color
                                             intensity, spready, 20 or over in length,
                                             90 percent uniform, and 10
                                             percent injury tolerance.
B3FR......................................  Good Tannish-red Leaf.
                                             Fleshy to medium body,
                                             mature to ripe, firm to
                                             open, wavy to even,
                                             moderate finish and color
                                             intensity, narrow to normal
                                             width, 18 or
                                             over in length, 85 percent
                                             uniform, and 15 percent
                                             injury tolerance.
B4FR......................................  Fair Tannish-red Leaf.
                                             Fleshy to medium body,
                                             mature firm, wavy, dull
                                             finish, weak color
                                             intensity, narrow, 16 or over in length
                                             80 percent uniform, and 20
                                             percent injury tolerance.
B5FR......................................  Low Tannish-red Leaf.
                                             Fleshy to medium body,
                                             mature, firm, wrinkly,
                                             dingy finish, pale color
                                             intensity, stringy, 16 or over in length,
                                             70 percent uniform, and 30
                                             percent injury tolerance.
B1R.......................................  Choice Red Leaf.
                                             Heavy to fleshy, ripe, firm
                                             to open, even, clear
                                             finish, deep color
                                             intensity, spready, 20 or over in length
                                             95 percent uniform, and 5
                                             percent injury tolerance.
B2R.......................................  Fine Red Leaf.
                                             Heavy to fleshy, ripe, firm
                                             to open wavy, clear finish,
                                             strong color intensity,
                                             spready, 20 or
                                             over in length 90 percent
                                             uniform, and 10 percent
                                             injury tolerance.
B3R.......................................  Good Red Leaf.
                                             Heavy to fleshy, mature to
                                             ripe, firm, wrinkly to
                                             wavy, moderate finish and
                                             color intensity, narrow to
                                             normal width, 18
                                             or over in length, 85
                                             percent uniform, and 15
                                             percent injury tolerance.
B4R.......................................  Fair Red Leaf.
                                             Heavy to fleshy, mature,
                                             close to firm, wrinkly,
                                             dull finish, weak color
                                             intensity, narrow, 16 or over in length,
                                             80 percent uniform, and 20
                                             percent injury tolerance.
B5R.......................................  Low red Leaf.
                                             Heavy to fleshy, mature,
                                             close, rough, dingy finish,
                                             pale color intensity,
                                             stringy, 16 or
                                             over in length, 70 percent
                                             uniform, and 30 percent
                                             injury tolerance.
B4D.......................................  Fair Dark-red Leaf.
                                             Heavy to fleshy, mature,
                                             close, wrinkly, dull
                                             finish, weak color
                                             intensity, narrow, 16 or over in length,
                                             80 percent uniform, and 20
                                             percent injury tolerance.
B5D.......................................  Low Dark-red Leaf.
                                             Heavy to fleshy, underripe
                                             to mature, solid, rough,
                                             dingy finish, pale color
                                             intensity, stringy, 16 or over in length,
                                             70 percent uniform, and 30
                                             percent injury tolerance.
B3K.......................................  Good Variegated Leaf.
                                             Fleshy to medium body,
                                             mature to ripe, firm to
                                             open, wrinkly to wavy,
                                             narrow to normal width,
                                             18 or over in
                                             length, 85 percent uniform,
                                             and 15 percent injury
                                             tolerance.
B4K.......................................  Fair Variegated Leaf.
                                             Fleshy, mature, close to
                                             firm, wrinkly, narrow,
                                             16 or over in
                                             length, 80 percent uniform,
                                             and 20 percent injury
                                             tolerance.
B5K.......................................  Low Variegated Leaf.

[[Page 136]]

 
                                             Heavy to fleshy, underripe
                                             to mature, solid to close,
                                             rough, stringy, 16 or over in length, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
B2M.......................................  Fine Mixed Color Leaf.
                                             Fleshy to medium body,
                                             ripe, open, even, clear
                                             finish, strong color
                                             intensity, 20'' or over in
                                             length, 90 percent uniform,
                                             and 10 percent injury
                                             tolerance.
B3M.......................................  Good Mixed Color Leaf.
                                             Fleshy to medium body,
                                             mature to ripe, firm to
                                             open, wavy to even,
                                             moderate finish and color
                                             intensity, narrow to normal
                                             width, 18 or
                                             over in length, 85 percent
                                             uniform, and 15 percent
                                             injury tolerance.
B4M.......................................  Fair Mixed Color Leaf.
                                             Fleshy to medium body,
                                             mature to ripe, firm to
                                             open, wavy, dull finish,
                                             weak color intensity,
                                             narrow, 16 or
                                             over in length, 80 percent
                                             uniform and 20 percent
                                             injury tolerance.
B5M.......................................  Low Mixed Color Leaf.
                                             Fleshy to medium body,
                                             underripe to mature, firm
                                             to open, wrinkly, dingy
                                             finish, pale color
                                             intensity stringy, 16 or over in length,
                                             70 percent uniform, and 30
                                             percent injury tolerance.
B3VF......................................  Good Greenish-tan Leaf.
                                             Medium body, underripe,
                                             firm to open, wavy to even,
                                             moderate finish, narrow to
                                             normal width, 18
                                             or over in length, 85
                                             percent uniform, and 15
                                             percent injury tolerance.
B4VF......................................  Fair Greenish-tan Leaf.
                                             Medium body, underripe,
                                             close to firm, wavy, dull
                                             finish, narrow, 16 or over in length, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
B5VF......................................  Low Greenish-tan Leaf.
                                             Medium body, underripe,
                                             close, wrinkly, dingy
                                             finish, stringy, 16 or over in length, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
B3VR......................................  Good Greenish-red Leaf.
                                             Heavy to fleshy, underripe,
                                             firm, wrinkly to wavy,
                                             moderate finish, narrow to
                                             normal width, 18
                                             or over in length, 85
                                             percent uniform, and 15
                                             percent injury tolerance.
B4VR......................................  Fair Greenish-red Leaf.
                                             Heavy to fleshy, underripe,
                                             close to firm, wrinkly,
                                             dull finish, narrow, 16 or over in length,
                                             80 percent uniform, and 20
                                             percent injury tolerance.
B5VR......................................  Low Greenish-red Leaf.
                                             Heavy to fleshy, underripe,
                                             close, rough, dingy finish,
                                             stringy, 16 or
                                             over in length, 70 percent
                                             uniform, and 30 percent
                                             injury tolerance.
B3GF......................................  Good Green-tan Leaf.
                                             Fleshy to medium body,
                                             immature, firm to open,
                                             wrinkly to wavy, moderate
                                             finish, narrow to normal
                                             width, 18 or
                                             over in length, 85 percent
                                             uniform, and 15 percent
                                             injury tolerance.
B4GF......................................  Fair Green-tan Leaf.
                                             Fleshy to medium body,
                                             immature, close to firm,
                                             wrinkly, dull finish,
                                             narrow, 16 or
                                             over in length, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
B5GF......................................  Low Green-tan Leaf.
                                             Fleshy to medium body,
                                             immature, close, rough,
                                             dingy finish, stringy,
                                             16 or over in
                                             length, 70 percent uniform,
                                             and 30 percent injury
                                             tolerance.
B3GR......................................  Good Green-red Leaf.
                                             Heavy to fleshy, immature,
                                             close to firm, wrinkly to
                                             wavy, moderate finish,
                                             narrow to formal width,
                                             18 or over in
                                             length, 85 percent uniform
                                             and 15 percent injury
                                             tolerance.
B4GR......................................  Fair Green-red Leaf.
                                             Heavy to fleshy, immature,
                                             solid to close, wrinkly,
                                             dull finish, narrow width,
                                             16 or over in
                                             length, 80 percent uniform,
                                             and 20 percent injury
                                             tolerance.
B5GR......................................  Low Green-red Leaf.
                                             Heavy to fleshy, immature,
                                             solid, rough, dingy finish,
                                             stringy, 16 or
                                             over in length, 70 percent
                                             uniform and 30 percent
                                             injury tolerance.
------------------------------------------------------------------------


[24 FR 8771, Oct. 29, 1959, as amended at 49 FR 16758, Apr. 20, 1984; 51 
FR 40407, Nov. 7, 1986]



Sec.  29.3154  Tips (T Group).

    This group consists of leaves usually grown at the top of the stalk. 
These relatively narrow and sharp-pointed leaves have the general 
characteristics of B-Group tobacco. Tips have a slightly lower degree of 
maturity and leaf structure than other leaves on the stalk. (See Rule 
12.)

------------------------------------------------------------------------
                                                   Grade names and
                  Grades                           specifications
------------------------------------------------------------------------
T3F.......................................  Good Tan Tips.
                                             Medium body, mature to
                                             ripe, firm to open, wavy to
                                             even, moderate finish and
                                             color intensity, narrow to
                                             normal width, under 16 in length, 85
                                             percent uniform, and 15
                                             percent injury tolerance.
T4F.......................................  Fair Tan Tips.
                                             Medium body, mature, firm,
                                             wavy dull finish, weak
                                             color intensity, narrow,
                                             under 16 in
                                             length, 80 percent uniform,
                                             and 20 percent injury
                                             tolerance.
T5F.......................................  Low Tan Tips.
                                             Medium body, mature, firm,
                                             wrinkly, dingy finish, pale
                                             color intensity, stringy,
                                             under 16 in
                                             length, 70 percent uniform,
                                             and 30 percent injury
                                             tolerance.
T3FR......................................  Good Tannish-red Tips.
                                             Fleshy to medium body,
                                             mature to ripe, firm to
                                             open, wavy to even,
                                             moderate finish and color
                                             intensity, narrow to normal
                                             width, under 16
                                             in length, 85 percent
                                             uniform, and 15 percent
                                             injury tolerance.
T4FR......................................  Fair Tannish-red Tips.
                                             Fleshy to medium body,
                                             mature, firm, wavy, dull
                                             finish, weak color
                                             intensity, narrow, under
                                             16 in length, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
T5FR......................................  Low Tannish-red Tips.
                                             Fleshy to medium body,
                                             mature, firm, wrinkly,
                                             dingy finish, pale color
                                             intensity, stringy, under
                                             16 in length, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
T3R.......................................  Good Red Tips.
                                             Heavy to fleshy, mature to
                                             ripe, firm, wrinkly to
                                             wavy, moderate finish and
                                             color intensity, narrow to
                                             normal width, under 16 in length, 85
                                             percent uniform, and 15
                                             percent injury tolerance.
T4R.......................................  Fair Red Tips.
                                             Heavy to fleshy, mature,
                                             close to firm, wrinkly,
                                             dull finish, weak color
                                             intensity, narrow, under
                                             16 in length, 80
                                             percent uniform, and 20
                                             percent injury tolerance.

[[Page 137]]

 
T5R.......................................  Low Red Tips.
                                             Heavy to fleshy, mature,
                                             close, rough, dingy finish,
                                             pale color intensity,
                                             stringy, under 16 in length, 70 percent
                                             uniform, and 30 percent
                                             injury tolerance.
T4D.......................................  Fair Dark-red Tips.
                                             Heavy to fleshy, mature,
                                             close, wrinkly, dull
                                             finish, weak color
                                             intensity, narrow, under
                                             16 in length, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
T5D.......................................  Low Dark-red Tips.
                                             Heavy to fleshy, underripe
                                             to mature, solid, rough,
                                             dingy finish, pale color
                                             intensity, stringy, under
                                             16 in length, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
T4K.......................................  Fair Variegated Tips.
                                             Fleshy, mature, close to
                                             firm, wrinkly, narrow,
                                             under 16 in
                                             length, 80 percent uniform,
                                             and 20 percent injury
                                             tolerance.
T5K.......................................  Low Variegated Tips.
                                             Heavy to fleshy, underripe
                                             to mature, solid to close,
                                             rough, stringy, under 16 in length, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
T4VF......................................  Fair Greenish-tan Tips.
                                             Medium body, underripe,
                                             close to firm, wavy, dull
                                             finish, narrow, under 16 in length, 80
                                             percent uniform and 20
                                             percent injury tolerance.
T5VF......................................  Low Greenish-tan Tips.
                                             Medium body, underripe,
                                             close, wrinkly, dingy
                                             finish, stringy, under
                                             16 in length, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
T4VR......................................  Fair Greenish-red Tips.
                                             Heavy to fleshy, underripe,
                                             close to firm, wrinkly,
                                             dull finish, narrow, under
                                             16 in length, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
T5VR......................................  Low Greenish-red Tips.
                                             Heavy to fleshy, underripe,
                                             close, rough, dingy finish,
                                             stringy, under 16 in length, 70 percent
                                             uniform, and 30 percent
                                             injury tolerance.
T4GF......................................  Fair Green-tan Tips.
                                             Fleshy to medium body,
                                             immature, close to firm,
                                             wrinkly, dull finish,
                                             narrow, under 16
                                             in length, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
T5GF......................................  Low Green-tan Tips.
                                             Fleshy to medium body,
                                             immature, close, rough,
                                             dingy finish, stringy,
                                             under 16 in
                                             length, 70 percent uniform,
                                             and 30 percent injury
                                             tolerance.
T4GR......................................  Fair Green-red Tips.
                                             Heavy to fleshy, immature,
                                             solid to close, wrinkly,
                                             dull finish, narrow, under
                                             16 in length, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
T5GR......................................  Low Green-red Tips.
                                             Heavy to fleshy, immature,
                                             solid, rough, dingy finish,
                                             stringy, under 16 in length, 70 percent
                                             uniform, and 30 percent
                                             injury tolerance.
------------------------------------------------------------------------


[24 FR 8771, Oct. 29, 1959, as amended at 49 FR 16758, Apr. 20, 1984]



Sec.  29.3155  Mixed (M Group).

    This group consists of tobacco of distinctly different groups which 
are mixed together in various combinations.

------------------------------------------------------------------------
                                                   Grade names and
                  Grades                           specifications
------------------------------------------------------------------------
M3F.......................................  Good Light Mixed.
                                             General quality of X3, C3,
                                             B3, T3, medium to tissuey
                                             body, light general color,
                                             under 20 percent greenish,
                                             and 15 percent injury
                                             tolerance.
M4F.......................................  Fair Light Mixed.
                                             General quality of X4, C4,
                                             B4, T4, medium to tissuey
                                             body, light general color
                                             under 20 percent greenish,
                                             and 20 percent injury
                                             tolerance.
M5F.......................................  Low Light Mixed.
                                             General quality of X5, C5,
                                             B5, T5, medium to tissuey
                                             body, light general color,
                                             under 20 percent greenish,
                                             and 30 percent injury
                                             tolerance.
M3FR......................................  Good Dark Mixed.
                                             General quality of X3, C3,
                                             B3, T3, heavy to medium
                                             body, dark general color,
                                             under 20 percent greenish,
                                             and 15 percent injury
                                             tolerance.
M4FR......................................  Fair Dark Mixed.
                                             General quality of X4, C4,
                                             B4, T4, heavy to medium
                                             body, dark general color,
                                             under 20 percent greenish,
                                             and 20 percent injury
                                             tolerance.
M5FR......................................  Low Dark Mixed.
                                             General quality of X5, C5,
                                             B5, T5, heavy to medium
                                             body, dark general color,
                                             under 20 percent greenish,
                                             and 30 percent injury
                                             tolerance.
M4K.......................................  Fair Variegated Mixed.
                                             General quality of X4, C4,
                                             B4, T4, fleshy to thin
                                             body, under 20 percent
                                             greenish, and 20 percent
                                             injury tolerance.
M5K.......................................  Low Variegated Mixed.
                                             General quality of X5, C5,
                                             B5, T5, fleshy to thin
                                             body, under 20 percent
                                             greenish, and 30 percent
                                             injury tolerance.
M4G.......................................  Fair Green Mixed.
                                            General quality of X4, C4,
                                             B4, and T4, heavy to
                                             tissuey body, immature, and
                                             20 percent injury
                                             tolerance.
M5G.......................................  Low Green Mixed.
                                            General quality of X5, C5,
                                             B5, and T5, heavy to
                                             tissuey body, immature, and
                                             30 percent injury
                                             tolerance.
------------------------------------------------------------------------


[35 FR 10490, June 27, 1970, as amended at 49 FR 16758, Apr. 20, 1984; 
51 FR 40407, Nov. 7, 1986; 55 FR 40645, Oct. 4, 1990]



Sec.  29.3156  Nondescript (N Group).

    Extremely common tobacco which does not meet the minimum 
specifications or which exceeds the tolerance of the lowest grade of any 
other group.

------------------------------------------------------------------------
                                                   Grade names and
                  Grades                           specifications
------------------------------------------------------------------------
N1L.......................................  First Quality Light Colored
                                             Nondescript
                                             Thin to tissuey body and 60
                                             percent injury tolerance.
N1F.......................................  First Quality Medium Colored
                                             Nondescript
                                             Fleshy to medium body and
                                             60 percent injury
                                             tolerance.
N1R.......................................  First Quality Dark Colored
                                             Nondescript
                                             Heavy to fleshy body and 60
                                             percent injury tolerance.
N1G.......................................  First Quality Crude Green
                                             Nondescript
                                             60 percent crude leaves or
                                             injury tolerance.
N2L.......................................  Second Quality Light to
                                             Medium Colored Nondescript
                                             Medium to tissuey body and
                                             over 60 percent injury
                                             tolerance.

[[Page 138]]

 
N2R.......................................  Second Quality Medium to
                                             Dark Colored Nondescript
                                             Heavy to medium body and
                                             over 60 percent injury
                                             tolerance.
N2G.......................................  Second Quality Crude Green
                                             Nondescript
                                             Over 60 percent crude
                                             leaves or injury tolerance.
------------------------------------------------------------------------


[24 FR 8771, Oct. 29, 1959, as amended at 49 FR 16758, Apr. 20, 1984]



Sec.  29.3157  Scrap (S Group).

    A by-product of unstemmed and stemmed tobacco. Scrap accumulates 
from handling tobacco in farm buildings, warehouses, packing and 
conditioning plants, and stemmeries.

------------------------------------------------------------------------
                 Grades                   Grade names and specifications
------------------------------------------------------------------------
S......................................  Scrap.
                                          Loose, tangled, whole, or
                                          broken unstemmed leaves, or
                                          web portions of tobacco leaves
                                          reduced to scrap by any
                                          process.
------------------------------------------------------------------------


[24 FR 8771, Oct. 29, 1959, as amended at 49 FR 16758, Apr. 20, 1984]

                       summary of standard grades



Sec.  29.3181  Summary of standard grades.

                           14 Grades of Flying
------------------------------------------------------------------------
 
------------------------------------------------------------------------
X1L                X5L                X4F               X4G
X2L                X1F                X5F               X5G
X3L                X2F                X4M
X4L                X3F                X5M
------------------------------------------------------------------------


                      21 Grades of Lugs or Cutters
------------------------------------------------------------------------
 
------------------------------------------------------------------------
C1L                C2F                C5K               C5V
C2L                C3F                C3M               C4G
C3L                C4F                C4M               C5G
C4L                C5F                C5M
C5L                C3K                C3V
C1F                C4K                C4V
------------------------------------------------------------------------


                            39 Grades of Leaf
------------------------------------------------------------------------
 
------------------------------------------------------------------------
       B1F         B3FR               B3K               B3VR
       B2F         B4FR               B4K               B4VR
       B3F         B5FR               B5K               B5VR
       B4F         B1R                B2M               B3GF
       B5F         B2R                B3M               B4GF
       B2FL        B3R                B4M               B5GF
       B3FL        B4R                B5M               B3GR
       B4FL        B5R                B3VF              B4GR
       B1FR        B4D                B4VF              B5GR
       B2FR        B5D                B5VF              ................
------------------------------------------------------------------------


                            21 Grades of Tips
------------------------------------------------------------------------
 
------------------------------------------------------------------------
T3F                T3R                T5K               T5GF
T4F                T4R                T4VF              T4GR
T5F                T5R                T5VF              T5GR
T3FR               T4D                T4VR
T4FR               T5D                T5VR
T5FR               T4K                T4GF
------------------------------------------------------------------------


                         8 Grades of Mixed Group
------------------------------------------------------------------------
 
------------------------------------------------------------------------
M3F                M5F                M4FR              M4K
M4F                M3FR               M5FR              M5K
------------------------------------------------------------------------


                         7 Grades of Nondescript
------------------------------------------------------------------------
 
------------------------------------------------------------------------
N1L                N1R                N2L               N2G
N1F                N1G                N2R               ................
------------------------------------------------------------------------


                            1 Grade of Scrap
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                   .................  S
------------------------------------------------------------------------

    Special factors ``U'', ``W'' and ``S'' may be applied to all grades. 
Tobacco not covered by the standard grades is designated by No-G or No-
G-Nested.

[24 FR 8771, Oct. 29, 1959, as amended at 35 FR 10490, June 27, 1970; 47 
FR 51722, Nov. 17, 1982; 49 FR 16758, Apr. 20, 1984; 51 FR 40407, Nov. 
7, 1986]

                       Key to Standard Grademarks



Sec.  29.3182  Key to standard grademarks.

                                 Groups

X--Flyings.
C--Lugs or Cutters
B--Leaf.
T--Tips.
M--Mixed.
N--Nondescript.
S--Scrap.

                                Qualities

1--Choice.
2--Fine.
3--Good.
4--Fair.
5--Low.

                                 Colors

L--Buff.
F--Tan.
FL--Tannish buff.
FR--Tannish red.
R--Red.
D--Dark red.
K--Variegated.
M--Mixed.
V--Greenish.
VF--Greenish tan.
VR--Greenish red.
G--Green.
GF--Green tan.
GR--Green red.

[24 FR 8771, Oct. 29, 1959, as amended at 51 FR 40407, Nov. 7, 1986]

[[Page 139]]

Official Standard Grades for Dark Air-Cured Tobacco (U.S. Types 35, 36, 
                         37 and Foreign Type 95)

    Authority: Sections 29.3501 to 29.3686 issued under 7 U.S.C. 511m 
and 511r.

    Source: Sections 29.3501 through 29.3686 appear at 30 FR 9207, July 
23, 1965, unless otherwise noted.

                               definitions



Sec.  29.3501  Definitions.

    As used in Sec. Sec.  29.3501 to 29.3686, the words and phrases 
hereinafter defined shall have the indicated meanings so assigned.



Sec.  29.3502  Air-cured.

    Tobacco cured under natural atmospheric conditions without the use 
of fire, except for the purpose of preventing pole-burn in damp weather.



Sec.  29.3503  Air-dried.

    The condition of unfermented tobacco as customarily prepared for 
storage under natural atmospheric conditions.



Sec.  29.3504  Body.

    The thickness and density of a leaf or the weight per unit of 
surface. (See Elements of Quality, Sec.  29.3586.)



Sec.  29.3505  Brown colors.

    A group of colors ranging from a light brown to a dark brown. These 
colors vary from medium to low saturation and from medium to very low 
brillance. As used in these standards, the colors are expressed as light 
brown (L), medium brown (F), reddish brown (R), and dark brown (D).



Sec.  29.3506  Class.

    A major division of tobacco based on method of cure or principal 
usage.



Sec.  29.3507  Clean.

    Tobacco is described as clean when it contains only a normal amount 
of sand or soil particles. Leaves grown on the lower portion of the 
stalk normally contain more dirt or sand than those from higher stalk 
positions. (See Rule 4, Sec.  29.3605.)



Sec.  29.3508  Color.

    The third factor of a grade based on the relative hues, saturations 
or chromas, and color values common to the type.



Sec.  29.3509  Color intensity.

    The varying degree of saturation or chroma. Color intensity as 
applied to tobacco describes the strength or weakness of a specific 
color or hue. It is applicable to all colors except green. (See Elements 
of Quality, Sec.  29.3586.)



Sec.  29.3510  Color symbols.

    As applied to Dark Air-cured tobacco, color symbols are L--light 
brown, F--medium brown, R--reddish brown, D--dark brown, M--mixed, and 
G--green.



Sec.  29.3511  Condition.

    The state of tobacco which results from the method of preparation or 
from the degree of fermentation. Words used to describe the condition of 
tobacco are: Undried, air-dried, steam-dried, sweating, sweated, and 
aged.



Sec.  29.3512  Crude.

    A subdegree of maturity. Crude leaves are usually hard and slick as 
a result of extreme immaturity. A similar condition may result from 
firekill, sunburn, or sunscald. Any leaf which is crude to the extent of 
20 percent or more of its leaf surface may be described as crude. (See 
Rule 20, Sec.  29.3621.)



Sec.  29.3513  Cured.

    Tobacco dried of its sap by either natural or artificial processes.



Sec.  29.3514  Damage.

    The effect of mold, must, rot, black rot, or other fungus or 
bacterial diseases which attack tobacco in its cured state. Tobacco 
having the odor of mold, must, or rot is considered damaged. (See Rule 
24, Sec.  29.3625.)



Sec.  29.3515  Dirty.

    The state of tobacco containing an abnormal amount of dirt or sand, 
or tobacco to which additional quantities of dirt or sand have been 
added. (See Rule 24, Sec.  29.3625.)

[[Page 140]]



Sec.  29.3516  Elasticity.

    The flexible, springy nature of the tobacco leaf to recover 
approximately its original size and shape after it has been stretched. 
(See Elements of Quality, Sec.  29.3586.)



Sec.  29.3517  Finish.

    The reflectance factor in color perception. Finish indicates the 
sheen or shine of the surface of a tobacco leaf. (See Elements of 
Quality, Sec.  29.3586.)



Sec.  29.3518  Foreign matter.

    Any extraneous substance or material such as stalks, suckers, straw, 
strings, and rubber bands. Abnormal amounts of dirt or sand are also 
included. (See Rule 24, Sec.  29.3625.)



Sec.  29.3519  Form.

    The stage of preparation of tobacco such as unstemmed or stemmed.



Sec.  29.3520  Grade.

    A subdivision of a type according to group, quality, and color.



Sec.  29.3521  Grademark.

    A grademark normally consists of three symbols which indicate group, 
quality, and color. A letter is used to indicate group, a number to 
indicate quality, and a letter or letters to indicate color. For 
example, B3D means Heavy Leaf, third quality, and dark-brown color.



Sec.  29.3522  Green (G).

    A term applied to green-colored, immature, or crude tobacco. Any 
leaf which has a green color affecting 20 percent or more of its leaf 
surface may be described as green. (See Rule 19, Sec.  29.3620.)



Sec.  29.3523  Group.

    A division of a type covering closely related grades based on 
certain characteristics which are related to stalk position, body, or 
the general quality of the tobacco. Groups in Dark Air-cured types are: 
Wrappers (A), Heavy Leaf (B), Thin Leaf (C), Lugs (X), Nondescript (N), 
and Scrap (S).

[51 FR 40408, Nov. 7, 1986]



Sec.  29.3524  Injury.

    Hurt or impairment from any cause except the fungus or bacterial 
diseases which attack tobacco in its cured state. (See definition of 
Damage, Sec.  29.3514.) Injury to tobacco may be caused by field 
diseases, insects, or weather conditions; insecticides, fungicides, or 
cell growth inhibitors; nutritional deficiencies or cesses; or improper 
fertilizing, harvesting, curing, or handling. Injured tobacco includes 
dead, burned, hail-cut torn, broken, frostbitten, sunburned, sunscalded, 
scorched, fire-killed, bulk-burnt, steam-burnt, house-burnt bleached, 
bruised, discolored, or deformed leaves; or tobacco affected by wildfire 
rust, frogeye, mosaic, root rot, wilt, black shank, or other diseases. 
(See Rule 15, Sec.  29.3616.)



Sec.  29.3525  Leaf.

    Whole, unstemmed leaf. Leaf, when applied to tobacco in strip form, 
shall describe the divided unit of a whole leaf.

[49 FR 16759, Apr. 20, 1984]



Sec.  29.3526  Leaf scrap.

    A byproduct of unstemmed tobacco Leaf scrap results from handling 
unstemmed tobacco and consists of loose and tangled whole or broken 
leaves.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3527  Leaf structure.

    The cell development of a leaf as indicated by its porosity. (See 
Elements of Quality, Sec.  29.3586.)

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3528  Leaf surface.

    The roughness or smoothness of the web or lamina of a tobacco leaf. 
Leaf surface is affected to some extent by the size and shrinkage of the 
veins or fibers (See Elements of Quality, Sec.  29.3586.)

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]

[[Page 141]]



Sec.  29.3529  Length.

    The linear measurement of cured tobacco leaves from the butt of the 
midrib to the extreme tip. (See Standard Tobacco Sizes, Sec.  29.3591.)

[51 FR 40408, Nov. 7, 1986]



Sec.  29.3530  Lot.

    A pile, basket, bulk, or more than one bale, case, hogshead, tierce, 
package, or other definite package unit.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3531  Maturity.

    The degree of ripeness. (See Elements of Quality, Sec.  29.3586, and 
Rule 16, Sec.  29.3617.)

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3532  Mixed (M).

    Variegated or distinctly different colors of the type mingled 
together. (See Rules 17, Sec.  29.3618; 18, Sec.  29.3619.)

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3533  Nested.

    Any lot of Types 35, 36 and 37 tobacco which has been loaded, 
packed, or arranged to conceal foreign matter or tobacco of inferior 
grade, quality, or condition. Nested includes:
    (a) Any lot of tobacco which contains foreign matter or damaged, 
injured, tangled, or other inferior tobacco, any of which cannot be 
readily detected upon inspection because of the way the lot is packed or 
arranged; (b) any lot of tied tobacco which contains foreign matter in 
the inner portions of the hands or which contains foreign matter in the 
heads under the tie leaves; (c) any lot of tied tobacco in which the 
leaves on the outside of the hands are placed or arranged to conceal 
inferior quality leaves on the inside of the hands or which contains wet 
tobacco or tobacco of lower quality in the heads under the tie leaves; 
and (d) any lot of tobacco which consists of distinctly different 
grades, qualities, or conditions and which is stacked or arranged in 
layers with the same kinds together so that the tobacco in the lower 
layer or layers is distinctly inferior in grade, quality, or condition 
from the tobacco in the top or upper layers. (See Rule 24, Sec.  
29.3625.)

[30 FR 9207, July 23, 1965. Redesignated and amended at 49 FR 16759, 
Apr. 20, 1984]



Sec.  29.3534  No grade.

    A designation applied to a lot of tobacco classified as nested, 
offtype, rework, or semicured; tobacco that is damaged 20 percent or 
more, abnormally dirty, extremely wet or watered, contains foreign 
matter, or has an odor foreign to the type. (See Rule 24, Sec.  
29.3625.)

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3535  Offtype.

    Tobacco of distinctly different characteristics which cannot be 
classified as Dark Air-cured, U.S. Type 35, 36, 37, or Foreign Type 95. 
(See Rule 24, Sec.  29.3625.)

[30 FR 9207, July 23, 1965. Redesignated and amended at 49 FR 16759, 
Apr. 20, 1984]



Sec.  29.3536  Order (case).

    The state of tobacco with respect to its moisture content.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3537  Package.

    A hogshead, tierce, case, bale, or other securely enclosed parcel or 
bundle.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3538  Packing.

    A lot of tobacco consisting of a number of packages submitted as one 
definite unit for sampling or inspecting. It is represented to contain 
the same kind of tobacco and has a common identification number or mark 
on each package.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3539  Quality.

    A division of a group or the second factor of a grade based on the 
relative

[[Page 142]]

degree of one or more elements of quality in tobacco.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3540  Raw.

    Freshly harvested tobacco or tobacco as it appears between the time 
of harvesting and the beginning of the curing process.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3541  Resweated.

    The condition of tobacco which has passed through a second 
fermentation under abnormally high temperatures or refermented with a 
relatively high percentage of moisture. Resweated includes tobacco which 
has been dipped or reconditioned after its first fermentation and put 
through a forced or artificial sweat.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3542  Rework.

    Any lot of Types 35, 36, and 37 tobacco which needs to be resorted 
or otherwise reworked to prepare it properly for market in the manner 
which is customary in the type area, including:
    (a) Tobacco which is so mixed that it cannot be classified properly 
in any grade of the type, because the lot contains a substantial 
quantity of two or more distinctly different grades which should be 
separated by sorting;
    (b) Tobacco which contains an abnormally large quantity of foreign 
matter or an unusual number of muddy or extremely dirty leaves which 
should be removed; and
    (c) Tobacco not tied in hands, not packed straight, not properly 
tied, or otherwise not properly prepared for market. (See Rule 24, Sec.  
29.3625.)

[30 FR 9207, July 23, 1965. Redesignated and amended at 49 FR 16759, 
Apr. 20, 1984]



Sec.  29.3543  Semicured.

    Tobacco in the process of being cured or which is partially but not 
thoroughly cured. Semicured includes tobacco which contains fat stems, 
wet butts, swelled stems, frozen tobacco, and tobacco having frozen 
stems or stems that have not been thoroughly dried in the curing 
process. (See Rule 24, Sec.  29.3625.)

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3544  Side.

    A certain phase of quality, color, or length as contrasted with some 
other phase of quality, color, or length; or any peculiar characteristic 
of tobacco.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3545  Size.

    The length of tobacco leaves. Size does not apply to tobacco in 
strip form. (See Standard Tobacco Sizes Sec.  29.3591.)

[51 FR 40408, Nov. 7, 1986]



Sec.  29.3546  Sound.

    Free of damage.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3547  Special factor.

    A symbol or term authorized to designate a peculiar side or 
characteristic which tends to modify a grade. (See Rules 21, Sec.  
29.3622; 22, Sec.  29.3623; 23, Sec.  29.3624.)

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3548  Steam-dried.

    The condition of unfermented tobacco as customarily prepared for 
storage by means of a redrying machine or other steam-conditioning 
equipment.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3549  Stem.

    The midrib or large central vein of a tobacco leaf.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3550  Stemmed.

    A form of tobacco, including strips and strip scrap, from which the 
stems or midribs have been removed.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]

[[Page 143]]



Sec.  29.3551  Strips.

    The sides of a tobacco leaf from which the stem has been removed or 
a lot of tobacco composed of strips.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3552  Subgrade.

    Any grade modified by a special factor symbol.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3553  Sweated.

    The condition of tobacco which has passed through one or more 
fermentations natural to tobacco packed with a normal percentage of 
moisture. This condition is sometimes described as aged.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3554  Sweating.

    The condition of tobacco in the process of fermentation.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3555  Tobacco.

    Tobacco as it appears between the time it is cured and stripped from 
the stalk, or primed and cured, and the time it enters into the 
different manufacturing processes. The acts of stemming, threshing, 
sweating, and conditioning are not regarded as manufacturing processes. 
Tobacco, as used in these standards, does not include manufactured or 
semimanufactured products, stems, cuttings, clippings, trimmings, 
siftings, or dust.

[30 FR 9207, July 23, 1965. Redesignated and amended at 49 FR 16759, 
Apr. 20, 1984]



Sec.  29.3556  Tobacco products.

    Manufactured tobacco, including cigarettes, cigars, smoking tobacco, 
chewing tobacco, and snuff, which is subject to Internal Revenue tax.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3557  Type.

    A division of a class of tobacco having certain common 
characteristics and closely related grades. Tobacco which has the same 
characteristics and corresponding qualities, colors, and lengths is 
classified as one type, regardless of any factors of historical or 
geographical nature which cannot be determined by an examination of the 
tobacco.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3558  Type 35.

    That type of air-cured tobacco commonly known as One Sucker Air-
cured, Kentucky-Tennessee-Indiana One Sucker, or Dark Air-cured One 
Sucker, including the upper Cumberland District One Sucker, and produced 
principally in northern Tennessee, south central Kentucky, and southern 
Indiana.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3559  Type 36.

    That type of air-cured tobacco commonly known as Green River, Green 
River Air-cured, or Dark Air-cured of the Henderson and Owensboro 
Districts, and produced principally in the Green River section of 
Kentucky.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3560  Type 37.

    That type of air-cured or sun-cured tobacco commonly known as 
Virginia Sun-cured, Virginia Sun and Air-cured, or Dark Air-cured of 
Virginia, and produced principally in the central section of Virginia 
north of the James River.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3561  Type 95.

    That type of air-cured tobacco commonly known as Foreign-grown Dark 
Air-cured produced in countries other than the United States.

[49 FR 16759, Apr. 20, 1984]



Sec.  29.3562  Undried.

    The condition of unfermented tobacco which has not been air-dried or 
steam-dried.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]

[[Page 144]]



Sec.  29.3563  Uniformity.

    An element of quality which describes the consistency of a lot of 
tobacco as it is prepared for market. Uniformity is expressed in grade 
specifications as a percentage. The percentage is applicable to group, 
quality, and color. (See Rule 14, Sec.  29.3615.)

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3564  Unsound (U).

    Damaged under 20 percent. (See Rule 21, Sec.  29.3622.)

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3565  Unstemmed.

    A form of tobacco, including whole leaf and leaf scrap, from which 
the stems or midribs have not been removed.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3566  Variegated.

    Any leaf of which 20 percent or more of its leaf surface is off 
brown, grayish, mottled, or bleached and does not blend with the normal 
colors of the type. (See Rules 17, Sec.  29.3618; 18, Sec.  29.3619.)

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3567  Wet (W).

    Any sound tobacco containing excessive moisture to the extent that 
it is in unsafe- or doubtful-keeping order. Wet applies to any tobacco 
which is not damaged but which is likely to damage if treated in the 
customary manner. (See Rule 22, Sec.  29.3623.) (For extremely wet or 
watered tobacco, see rule 24, Sec.  29.3625.)

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3568  Width.

    The relative breadth of a tobacco leaf expressed in relation to its 
length. Width, as an element of quality, does not apply to tobacco in 
strip form. (See Elements of Quality, Sec.  29.3586.)

[30 FR 9207, July 23, 1965. Redesignated and amended at 49 FR 16759, 
Apr. 20, 1984]

                           elements of quality



Sec.  29.3586  Elements of quality and degrees of each element.

    These standardized words or terms are used to describe tobacco 
quality and to assist in interpreting grade specifications. Tobacco 
attributes or characteristics which constitute quality are designated as 
elements of quality. The range within each element is expressed by the 
use of words or terms designated as degrees. These several degrees are 
arranged to show their relative value, but the actual value of each 
degree varies with type, group, and grade.

----------------------------------------------------------------------------------------------------------------
             Elements                                                            Degrees
----------------------------------------------------------------------------------------------------------------
Maturity.........................  Immature..........  Underripe.........  Mature............  Ripe.
Body.............................  ..................  Thin..............  Medium............  Heavy.
Leaf structure...................  ..................  Close.............  Firm..............  Open.
Leaf surface.....................  ..................  Rough.............  Crepy.............  Smooth.
Oil..............................  ..................  Lean..............  Oily..............  Rich.
Finish...........................  ..................  Dull..............  Normal............  Clear.
Color intensity..................  ..................  Pale..............  Moderate..........  Deep.
Elasticity.......................  ..................  Inelastic.........  Semielastic.......  Elastic.
Width............................  ..................  Narrow............  Normal............  Spready.
Uniformity.......................  ..................  (\1\).............  (\1\).............  (\1\).
Injury tolerance.................  ..................  (\1\).............  (\1\).............  (\1\).
----------------------------------------------------------------------------------------------------------------
\1\ Expressed in percentage.


[[Page 145]]

                                  sizes



Sec.  29.3591  Standard tobacco sizes. \1\

------------------------------------------------------------------------
                             Inches                                Sizes
------------------------------------------------------------------------
12-20...........................................................       1
20-28...........................................................       2
Over 28.........................................................       3
------------------------------------------------------------------------
\1\ The application of sizes is governed by the major portion of the lot
  or package.


[51 FR 40408, Nov. 7, 1986]

                                  rules



Sec.  29.3601  Rules.

    The application of Sec. Sec.  29.3501 to 29.3568, Sec.  29.3591, 
Sec. Sec.  29.3646 to 29.3648, Sec. Sec.  29.3650 to 29.3652 and 29.3681 
shall be in accordance with the following rules.

[51 FR 40408, Nov. 7, 1986]



Sec.  29.3602  Rule 1.

    Each grade shall be treated as a subdivision of a particular type. 
When the grade is stated in an inspection certificate, the type also 
shall be stated.



Sec.  29.3603  Rule 2.

    The determination of a grade shall be based upon a thorough 
examination of a lot of tobacco or of an official sample of the lot.



Sec.  29.3604  Rule 3.

    In drawing an official sample from a hogshead or other package of 
tobacco, three or more breaks shall be made at such points and in such 
manner as the inspector or sampler may find necessary to determine the 
kinds of tobacco and the percentage of each kind contained in the lot. 
All breaks shall be made so that the tobacco contained in the center of 
the package is visible to the sampler. Tobacco shall be drawn from at 
least three breaks from which a representative sample shall be selected. 
The sample shall include tobacco of each different group, quality, 
color, length, and kind found in the lot in proportion to the quantities 
of each contained in the lot.

[30 FR 9207, July 23, 1965, as amended at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3605  Rule 4.

    All standard grades must be clean.



Sec.  29.3606  Rule 5.

    The grade assigned to any lot of tobacco shall be a true 
representation of the tobacco at the time of inspection and 
certification. If, at any time, it is found that a lot of tobacco does 
not comply with the specifications of the grade previously assigned it 
shall not thereafter be represented as such grade.



Sec.  29.3607  Rule 6.

    A lot of tobacco on the marginal line between two colors shall be 
placed in the color with which it best corresponds with respect to body 
or other associated elements of quality.



Sec.  29.3608  Rule 7.

    Any lot of tobacco which meets the specifications of two grades 
shall be placed in the higher grade. Any lot of tobacco on the marginal 
line between two grades shall be placed in the lower grade.



Sec.  29.3609  Rule 8.

    A lot of tobacco meets the specifications of a grade when it is not 
lower in any degree of any element of quality than the minimum 
specifications of such grade.



Sec.  29.3610  Rule 9.

    In determining the grade of a lot of tobacco, the lot as a whole 
shall be considered. Minor irregularities which do not affect over one 
percent of the tobacco shall be overlooked.



Sec.  29.3611  Rule 10.

    Any special factor approved by the Director of the Tobacco Division, 
Agricultural Marketing Service, may be used to show a peculiar side or 
characteristic of the tobacco which tends to modify the grade.

[30 FR 9207, July 23, 1965, as amended at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3612  Rule 11.

    Interpretations, the use of specifications, and the meaning of the 
terms shall be in accordance with determinations or clarifications made 
by the Chief of the Standards and Testing Branch and approved by the 
Director.

[[Page 146]]



Sec.  29.3613  Rule 12.

    The use of any grade may be restricted by the Director during any 
marketing season, when it is found that the grade is not needed or 
appears in insufficient volume to justify its use.



Sec.  29.3614  Rule 13.

    Length shall be stated in connection with each grade of the A, B, 
and C groups, except strip grades, and may be stated in connection with 
grades of other groups. For this purpose, the standard tobacco sizes 
shall be used. (See Applicable Standard Sizes, Sec.  29.3681.)

[51 FR 40408, Nov. 7, 1986]



Sec.  29.3615  Rule 14.

    Degrees of uniformity shall be expressed in terms of percentages. 
The percentages shall govern the portion of a lot which must meet the 
specifications of the grade. The minor portion must be closely related 
but may be of a different group, quality, and color from the major 
portion. These percentages shall not affect limitations established by 
other rules.



Sec.  29.3616  Rule 15.

    The application of injury as an element of quality shall be 
expressed in terms of a percentage of tolerance. The appraisal of injury 
shall be based upon the percentage of affected leaf surface or the 
degree of injury. In appraising injury, consideration shall be given to 
the normal characteristics of the group as related to injury.



Sec.  29.3617  Rule 16.

    Normal injury associated with ripeness shall be excluded from injury 
tolerance except when such injury is considered detrimental to the 
quality of the tobacco.



Sec.  29.3618  Rule 17.

    Any lot of tobacco which is not green but contains over 30 percent 
of variegated leaves shall be described as ``variegated'' and designated 
by the color symbol ``M.'' Variegated leaves may be included in any 
group to the following extent: In the third quality, 10 percent; in the 
fourth quality, 20 percent; and in the fifth quality, 30 percent.



Sec.  29.3619  Rule 18.

    Any lot of tobacco of the B, C, or X groups shall be classified as 
``mixed'' and designated by the color symbol ``M'' when it is not green 
but contains (a) over 30 percent of colors distinctly different from the 
major color or (b) over 30 percent of a combination of variegated and 
colors distinctly different from the major color mingled together.

[51 FR 40408, Nov. 7, 1986]



Sec.  29.3620  Rule 19.

    Any lot of tobacco containing 20 percent or more of green leaves or 
any lot which is not crude but contains 20 percent or more of green and 
crude combined shall be designated by the color symbol ``G.''



Sec.  29.3621  Rule 20.

    Crude leaves shall not be included in any grade of any color except 
the fourth and fifth qualities of the B, C, and X groups in green color. 
Any lot containing 20 percent or more of crude leaves shall be 
designated as Nondescript.

[51 FR 40408, Nov. 7, 1986]



Sec.  29.3622  Rule 21.

    Tobacco damaged under 20 percent but which otherwise meets the 
specifications of a grade shall be treated as a subgrade by placing the 
special factor ``U'' after the grademark. Tobacco damaged 20 percent or 
more shall be designated ``No-G.''



Sec.  29.3623  Rule 22.

    Sound tobacco that is wet or in doubtful-keeping order but which 
otherwise meets the specifications of a grade shall be treated as a 
subgrade by placing the special factor ``W'' after the grademark. This 
special factor does not apply to tobacco designated ``No-G.''



Sec.  29.3624  Rule 23.

    Special factors ``BH'' (big heads) and ``BL'' (broad leaf) shall be 
used as follows: ``BH'' in types 35 and 36 to designate tobacco tied in 
extremely big

[[Page 147]]

hands and ``BL'' in type 35 to designate broad leaf tobacco.



Sec.  29.3625  Rule 24.

    Tobacco shall be designated as No Grade, using the grademark ``No-
G,'' when it is dirty, nested, offtype, semicured, damaged 20 percent or 
more, extremely wet or watered, or when it needs to be reworked, 
contains foreign matter, or has an odor foreign to the type.



Sec.  29.3626  Rule 25.

    Tobacco in strip form which otherwise meets the specifications of a 
grade shall be treated as a subgrade by placing the special factor ``S'' 
preceding the grademark.

[49 FR 16759, Apr. 20, 1984]

                                 grades



Sec.  29.3646  Wrappers (A Group).

    This group consists of leaves from the Heavy Leaf and the Thin Leaf 
groups. Cured leaves of the A group are very elastic, have small- to 
medium-sized and blending fibers, and show a low percentage of injury 
affecting wrapper yield.

------------------------------------------------------------------------
                                                Grade names, minimum
                  Grades                         specifications, and
                                                     tolerances
------------------------------------------------------------------------
A1F.......................................  Choice Quality Medium-brown
                                             Wrappers.
                                             Ripe, medium body, open
                                             leaf structure, smooth,
                                             rich in oil, clear finish,
                                             deep color intensity
                                             elastic, spready, and 20
                                             percent of leaves not lower
                                             than B2 or C2.
A2F.......................................  Fine Quality Medium-brown
                                             Wrappers
                                             Ripe, medium body, open
                                             leaf structure, smooth,
                                             rich in oil, clear finish,
                                             deep color intensity,
                                             elastic, spready and 30
                                             percent of leaves not lower
                                             than B2 or C2.
A3F.......................................  Good Quality Medium-brown
                                             Wrappers.
                                             Ripe, medium body, open
                                             leaf structure, smooth,
                                             oily, clear finish, deep
                                             color intensity, elastic,
                                             normal width, and 40
                                             percent of leaves not lower
                                             than B3 or C3.
A1R.......................................  Choice Quality Reddish-brown
                                             Wrappers.
                                             Ripe, medium body, open
                                             leaf structure, smooth,
                                             rich in oil, clear finish,
                                             deep color intensity,
                                             elastic, spready, and 20
                                             percent of leaves not lower
                                             than B2 or C2.
A2R.......................................  Fine Quality Reddish-brown
                                             Wrappers.
                                             Ripe, medium body, open
                                             leaf structure, smooth,
                                             rich in oil, clear finish,
                                             deep color intensity,
                                             elastic, spready and 30
                                             percent of leaves not lower
                                             than B2 or C2.
A3R.......................................  Good Quality Reddish-brown
                                             Wrappers.
                                             Ripe, medium body, open
                                             leaf structure, smooth,
                                             oily, clear finish, deep
                                             color intensity, elastic,
                                             normal width, and 40
                                             percent of leaves not lower
                                             than B3 or C3.
------------------------------------------------------------------------


[30 FR 9207, July 23, 1965, as amended at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3647  Heavy Leaf (B Group).

    This group consists of leaves which are medium to heavy in body and 
show little or no ground injury.

------------------------------------------------------------------------
                                                Grade names, minimum
                  Grades                         specifications, and
                                                     tolerances
------------------------------------------------------------------------
B1F.......................................  Choice Quality Medium-brown
                                             Heavy Leaf.
                                             Ripe medium body, open leaf
                                             structure, smooth, rich in
                                             oil, clear finish, deep
                                             color intensity,
                                             semielastic, spready, 90
                                             percent uniform, and 10
                                             percent injury tolerance.
B2F.......................................  Fine Quality Medium-brown
                                             Heavy Leaf.
                                             Ripe, medium body, open
                                             leaf structure, smooth,
                                             rich in oil, clear finish,
                                             deep color intensity,
                                             semielastic, spready, 85
                                             percent uniform, and 15
                                             percent injury tolerance.
B3F.......................................  Good Quality Medium-brown
                                             Heavy Leaf.
                                             Mature, medium body, firm
                                             leaf structure, crepy,
                                             oily, normal finish,
                                             moderate color intensity,
                                             semielastic, normal width
                                             80 percent uniform, and 20
                                             percent injury toleance.
B4F.......................................  Fair Quality Medium-brown
                                             Heavy Leaf.
                                             Mature, medium body, close
                                             leaf structure, rough, lean
                                             in oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 70 percent uniform,
                                             and 30 percent injury
                                             tolerance.
B5F.......................................  Low Quality Medium-brown
                                             Heavy Leaf.
                                             Underripe, medium body,
                                             close leaf structure,
                                             rough, lean in oil, dull
                                             finish, pale color
                                             intensity, inelastic,
                                             narrow, 60 percent uniform,
                                             and 40 percent injury
                                             tolerance.
B1R.......................................  Choice Quality Reddish-brown
                                             Heavy Leaf.
                                             Ripe, heavy, open leaf
                                             structure, smooth, rich in
                                             oil, clear finish, deep
                                             color intensity,
                                             semielastic, spready, 90
                                             percent uniform, and 10
                                             percent injury tolerance.
B2R.......................................  Fine Quality Reddish-brown
                                             Heavy Leaf.
                                             Ripe, heavy, open leaf
                                             structure, smooth, rich in
                                             oil, clear finish, deep
                                             color intensity, semi-
                                             elastic, spready, 85
                                             percent uniform, and 15
                                             percent injury tolerance.
B3R.......................................  Good Quality Reddish-brown
                                             Heavy Leaf.
                                             Mature, heavy, firm leaf
                                             structure, crepy, oily,
                                             normal finish, moderate
                                             color intensity,
                                             semielastic, normal width,
                                             80 percent uniform, and 20
                                             percent injury tolerance.
B4R.......................................  Fair Quality Reddish-brown
                                             Heavy Leaf.
                                             Mature, heavy, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 70 percent uniform,
                                             and 30 percent injury
                                             tolerance.
B5R.......................................  Low Quality Reddish-brown
                                             Heavy Leaf.
                                             Underripe, heavy, close
                                             leaf structure, rough, lean
                                             in oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 60 percent uniform,
                                             and 40 percent injury
                                             tolerance.
B1D.......................................  Choice Quality Dark-brown
                                             Heavy Leaf.
                                             Ripe, heavy, open leaf
                                             structure, smooth, rich in
                                             oil, normal finish, deep
                                             color intensity, semi-
                                             elastic, spready, 90
                                             percent uniform, and 10
                                             percent injury tolerance.
B2D.......................................  Fine Quality Dark-brown
                                             Heavy Leaf.
                                             Ripe, heavy, open leaf
                                             structure, smooth, rich in
                                             oil, normal finish, deep
                                             color intensity,
                                             semielastic, spready 85
                                             percent uniform, and 15
                                             percent injury tolerance.
B3D.......................................  Good Quality Dark-brown
                                             Heavy Leaf.
                                             Mature, heavy, firm leaf
                                             structure, crepy, oily,
                                             normal finish, moderate
                                             color intensity,
                                             semielastic, normal width,
                                             80 percent uniform, and 20
                                             percent injury tolerance.
B4D.......................................  Fair Quality Dark-brown
                                             Heavy Leaf.

[[Page 148]]

 
                                             Mature, heavy, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 70 percent uniform,
                                             and 30 percent injury
                                             tolerance.
B5D.......................................  Low Quality Dark-brown Heavy
                                             Leaf.
                                             Underripe, heavy, close
                                             leaf structure, rough, lean
                                             in oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 60 percent uniform,
                                             and 40 percent injury
                                             tolerance.
B3M.......................................  Good Quality Mixed Heavy
                                             Leaf.
                                             Mature, medium body, firm
                                             leaf structure, crepy,
                                             oily, normal finish,
                                             moderate color intensity,
                                             semielastic, normal width,
                                             80 percent uniform, and 20
                                             percent injury tolerance.
B4M.......................................  Fair Quality Mixed Heavy
                                             Leaf.
                                             Mature, medium body, close
                                             leaf structure, rough, lean
                                             in oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 70 percent uniform,
                                             and 30 percent injury
                                             tolerance.
B5M.......................................  Low Quality Mixed Heavy
                                             Leaf.
                                             Underripe, medium body,
                                             close leaf structure,
                                             rough, lean in oil, dull
                                             finish, pale color
                                             intensity, inelastic,
                                             narrow, 60 percent uniform,
                                             and 40 percent injury
                                             tolerance.
B3G.......................................  Good Quality Green Heavy
                                             Leaf.
                                             Underripe, heavy, firm leaf
                                             structure crepy, oily,
                                             normal finish, semielastic,
                                             normal width, 80 percent
                                             uniform, and 20 percent
                                             injury tolerance.
B4G.......................................  Fair Quality Green Heavy
                                             Leaf.
                                             Immature, medium body,
                                             close leaf structure,
                                             rough, lean in oil, dull
                                             finish, inelastic, narrow,
                                             70 percent uniform, and 30
                                             percent injury tolerance.
B5G.......................................  Low Quality Green Heavy
                                             Leaf.
                                             Immature, medium body,
                                             close leaf structure,
                                             rough, lean in oil, dull
                                             finish, inelastic, narrow,
                                             60 percent uniform, and 40
                                             percent injury tolerance.
------------------------------------------------------------------------


[30 FR 9207, July 23, 1965, as amended at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3648  Thin Leaf (C Group).

    This group consists of leaves that are thin to medium in body and 
show little or no ground injury.

------------------------------------------------------------------------
                                                Grade names, minimum
                  Grades                         specifications, and
                                                     tolerances
------------------------------------------------------------------------
C1L.......................................  Choice Quality Light-brown
                                             Thin Leaf.
                                             Ripe, thin, open leaf
                                             structure, smooth, oily,
                                             clear finish, deep color
                                             intensity, semielastic,
                                             spready, 90 percent
                                             uniform, and 10 percent
                                             injury tolerance.
C2L.......................................  Fine Quality Light-brown
                                             Thin Leaf.
                                             Ripe, thin, open leaf
                                             structure, smooth, oily,
                                             clear finish, deep color
                                             intensity, semielastic,
                                             spready, 85 percent
                                             uniform, and 15 percent
                                             injury tolerance.
C3L.......................................  Good Quality Light-brown
                                             Thin Leaf.
                                             Mature, thin, firm leaf
                                             structure, crepy, oily,
                                             normal finish, moderate
                                             color intensity,
                                             semielastic, normal width,
                                             80 percent uniform, and 20
                                             percent injury tolerance.
C4L.......................................  Fair Quality Light-brown
                                             Thin Leaf.
                                             Mature, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 70 percent uniform,
                                             and 30 percent injury
                                             tolerance.
C5L.......................................  Low Quality Light-brown Thin
                                             Leaf
                                             Underripe, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 60 percent uniform,
                                             and 40 percent injury
                                             tolerance.
C1F.......................................  Choice Quality Medium-brown
                                             Thin Leaf.
                                             Ripe, thin, open leaf
                                             structure, smooth, rich in
                                             oil, clear finish, deep
                                             color intensity, semi-
                                             elastic, spready, 90
                                             percent uniform, and 10
                                             percent injury tolerance.
C2F.......................................  Fine Quality Medium-brown
                                             Thin Leaf.
                                             Ripe, thin, open leaf
                                             structure, smooth, rich in
                                             oil, clear finish, deep
                                             color intensity, semi-
                                             elastic, spready, 85
                                             percent uniform, and 15
                                             percent injury tolerance.
C3F.......................................  Good Quality Medium-brown
                                             Thin Leaf.
                                             Mature, thin, firm leaf
                                             structure, crepy, oily,
                                             normal finish, moderate
                                             color intensity,
                                             semielastic, normal width,
                                             80 percent uniform, and 20
                                             percent injury tolerance.
C4F.......................................  Fair Quality Medium-brown
                                             Thin Leaf.
                                             Mature, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 70 percent uniform,
                                             and 30 percent injury
                                             tolerance.
C5F.......................................  Low Quality Medium-brown
                                             Thin Leaf.
                                             Underripe, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 60 percent uniform,
                                             and 40 percent injury
                                             tolerance.
C1R.......................................  Choice Quality Reddish-brown
                                             Thin Leaf.
                                             Ripe, thin, open leaf
                                             structure, smooth, rich in
                                             oil, clear finish, deep
                                             color intensity, semi-
                                             elastic, spready, 90
                                             percent uniform, and 10
                                             percent injury tolerance.
C2R.......................................  Fine Quality Reddish-brown
                                             Thin Leaf.
                                             Ripe, thin, open leaf
                                             structure, smooth, rich in
                                             oil, clear finish, deep
                                             color intensity, semi-
                                             elastic, spready, 85
                                             percent uniform, and 15
                                             percent injury tolerance.
C3R.......................................  Good Quality Reddish-brown
                                             Thin Leaf.
                                             Mature, thin, firm leaf
                                             structure, crepy, oily,
                                             normal finish, moderate
                                             color intensity,
                                             semielastic, normal width,
                                             80 percent uniform, and 20
                                             percent injury tolerance.
C4R.......................................  Fair Quality Reddish-brown
                                             Thin Leaf.
                                             Mature, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 70 percent uniform,
                                             and 30 percent injury
                                             tolerance.
C5R.......................................  Low Quality Reddish-brown
                                             Thin Leaf.
                                             Underripe, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 60 percent uniform,
                                             and 40 percent injury
                                             tolerance.
C3M.......................................  Good Quality Mixed Thin
                                             Leaf.
                                             Mature, thin, firm leaf
                                             structure, crepy, oily,
                                             normal finish, moderate
                                             color intensity,
                                             semielastic, normal width,
                                             80 percent uniform, and 20
                                             percent injury tolerance.
C4M.......................................  Fair Quality Mixed Thin
                                             Leaf.
                                             Mature, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 70 percent uniform,
                                             and 30 percent injury
                                             tolerance.
C5M.......................................  Low Quality Mixed Thin Leaf.
                                             Underripe, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 60 percent uniform,
                                             and 40 percent injury
                                             tolerance.
C3G.......................................  Good Quality Green Thin
                                             Leaf.
                                             Underripe, medium body,
                                             firm leaf structure, crepy,
                                             oily, normal finish,
                                             semielastic, normal width,
                                             80 percent uniform, and 20
                                             percent injury tolerance.
C4G.......................................  Fair Quality Green Thin
                                             Leaf.

[[Page 149]]

 
                                             Immature, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish,
                                             inelastic, narrow, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
C5G.......................................  Low Quality Green Thin Leaf.
                                             Immature, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish,
                                             inelastic, narrow, 60
                                             percent uniform, and 40
                                             percent injury tolerance.
------------------------------------------------------------------------


[30 FR 9207, July 23, 1965, as amended at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3649  [Reserved]



Sec.  29.3650  Lugs (X Group).

    This group consists of leaves that normally grow on the lower 
portions of the stalk. Leaves of the X group usually have a high degree 
of maturity and show ground and other injury characteristic of the 
group.

------------------------------------------------------------------------
                                                Grade names, minimum
                  Grades                         specifications, and
                                                     tolerances
------------------------------------------------------------------------
X1L.......................................  Choice Quality Light-brown
                                             Lugs.
                                             Ripe, thin, open leaf
                                             structure, smooth, oily,
                                             clear finish, deep color
                                             intensity, semielastic,
                                             normal width, 90 percent
                                             uniform, and 10 percent
                                             injury tolerance.
X2L.......................................  Fine Quality Light-brown
                                             Lugs.
                                             Ripe, thin, open leaf
                                             structure, smooth, oily,
                                             clear finish, deep color
                                             intensity, semielastic,
                                             normal width, 85 percent
                                             uniform, and 15 percent
                                             injury tolerance.
X3L.......................................  Good Quality Light-brown
                                             Lugs.
                                             Mature, thin, firm leaf
                                             structure, crepy, lean in
                                             oil, normal finish,
                                             moderate color intensity,
                                             inelastic, narrow, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
X4L.......................................  Fair Quality Light-brown
                                             Lugs.
                                             Mature, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 70 percent uniform,
                                             and 30 percent injury
                                             tolerance.
X5L.......................................  Low Quality Light-brown
                                             Lugs.
                                             Underripe, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 60 percent uniform,
                                             and 40 percent injury
                                             tolerance.
X1F.......................................  Choice Quality Medium-brown
                                             Lugs.
                                             Ripe, thin, open leaf
                                             structure, smooth, oily,
                                             clear finish, deep color
                                             intensity, semielastic,
                                             normal width, 90 percent
                                             uniform, and 10 percent
                                             injury tolerance.
X2F.......................................  Fine Quality Medium-brown
                                             Lugs.
                                             Ripe, thin, open leaf
                                             structure, smooth, oily,
                                             clear finish, deep color
                                             intensity, semielastic,
                                             normal width, 85 percent
                                             uniform, and 15 percent
                                             injury tolerance.
X3F.......................................  Good Quality Medium-brown
                                             Lugs.
                                             Mature, thin, firm leaf
                                             structure, crepy, lean in
                                             oil, normal finish,
                                             moderate color intensity,
                                             inelastic, narrow 80
                                             percent uniform, and 20
                                             percent injury tolerance.
X4F.......................................  Fair Quality Medium-brown
                                             Lugs.
                                             Mature, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 70 percent uniform,
                                             and 30 percent injury
                                             tolerance.
X5F.......................................  Low Quality Medium-brown
                                             Lugs.
                                             Underripe, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 60 percent uniform,
                                             and 40 percent injury
                                             tolerance.
X1R.......................................  Choice Quality Reddish-brown
                                             Lugs.
                                             Ripe, medium body, open
                                             leaf structure, smooth,
                                             oily, clear finish, deep
                                             color intensity,
                                             semielastic, normal width,
                                             90 percent uniform, and 10
                                             percent injury tolerance.
X2R.......................................  Fine Quality Reddish-brown
                                             Lugs.
                                             Ripe, medium body, open
                                             leaf structure, smooth,
                                             oily, clear finish, deep
                                             color intensity,
                                             semielastic, normal width,
                                             85 percent uniform, and 15
                                             percent injury tolerance.
X3R.......................................  Good Quality Reddish-brown
                                             Lugs.
                                             Mature, medium body, firm
                                             leaf structure, crepy, lean
                                             in oil, normal finish,
                                             moderate color intensity,
                                             inelastic, narrow, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
X4R.......................................  Fair Quality Reddish-brown
                                             Lugs.
                                             Mature, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 70 percent uniform,
                                             and 30 percent injury
                                             tolerance.
X5R.......................................  Low Quality Reddish-brown
                                             Lugs.
                                             Underripe, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 60 percent uniform,
                                             and 40 percent injury
                                             tolerance.
X3D.......................................  Good Quality Dark-brown
                                             Lugs.
                                             Mature, medium body, firm
                                             leaf structure, crepy, lean
                                             in oil, normal finish,
                                             moderate color intensity,
                                             inelastic, narrow, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
X4D.......................................  Fair Quality Dark-brown
                                             Lugs.
                                             Mature, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 70 percent uniform,
                                             and 30 percent injury
                                             tolerance.
X5D.......................................  Low Quality Dark-brown Lugs.
                                             Underripe, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 60 percent uniform,
                                             and 40 percent injury
                                             tolerance.
X3M.......................................  Good Quality Mixed Lugs.
                                             Mature, thin, firm leaf
                                             structure, crepy, lean in
                                             oil, normal finish,
                                             moderate color intensity,
                                             inelastic, narrow, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
X4M.......................................  Fair Quality Mixed Lugs.
                                             Mature, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 70 percent uniform,
                                             and 30 percent injury
                                             tolerance.
X5M.......................................  Low Quality Mixed Lugs.
                                             Underripe, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish, pale
                                             color intensity, inelastic,
                                             narrow, 60 percent uniform,
                                             and 40 percent injury
                                             tolerance.
X3G.......................................  Good Quality Green Lugs.
                                             Underripe, medium body,
                                             firm leaf structure, crepy,
                                             lean in oil, normal finish,
                                             inelastic, narrow, 80
                                             percent uniform, and 20
                                             percent injury tolerance.
X4G.......................................  Fair Quality Green Lugs.
                                             Immature, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish,
                                             inelastic, narrow, 70
                                             percent uniform, and 30
                                             percent injury tolerance.
X5G.......................................  Low Quality Green Lugs.
                                             Immature, thin, close leaf
                                             structure, rough, lean in
                                             oil, dull finish,
                                             inelastic, narrow, 60
                                             percent uniform, and 40
                                             percent injury tolerance.
------------------------------------------------------------------------


[[Page 150]]


[30 FR 9207, July 23, 1965, as amended at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3651  Nondescript (N Group).

    Extremely common tobacco which does not meet the minimum 
specifications or which exceeds the tolerance of the lower grade of any 
other group except Scrap.

------------------------------------------------------------------------
                                                Grade names, minimum
                  Grades                         specifications, and
                                                     tolerances
------------------------------------------------------------------------
N1L.......................................  First Quality Light-colored
                                             Nondescript.
                                             Thin to medium body and 60
                                             percent injury tolerance.
N2L.......................................  Second Quality Light-colored
                                             Nondescript.
                                             Thin to medium body and
                                             over 60 percent injury
                                             tolerance.
N1R.......................................  First Quality Dark-colored
                                             Nondescript.
                                             Thin to heavy body and 60
                                             percent injury tolerance.
N2R.......................................  Second Quality Dark-colored
                                             Nondescript.
                                             Thin to heavy body and over
                                             60 percent injury
                                             tolerance.
N1G.......................................  First Quality Crude Green
                                             Nondescript
                                             60 percent crude leaves or
                                             injury tolerance.
N2G.......................................  Second Quality Crude Green
                                             Nondescript.
                                             Over 60 percent crude
                                             leaves or injury tolerance.
------------------------------------------------------------------------


[30 FR 9207, July 23, 1965, as amended at 49 FR 16759, Apr. 20, 1984]



Sec.  29.3652  Scrap (S Group).

    A byproduct of stemmed and unstemmed tobacco. Scrap accumulates from 
handling tobacco in farm buildings, warehouses, packing and conditioning 
plants, and stemmeries.

------------------------------------------------------------------------
 Grades                    Grade name and specifications
------------------------------------------------------------------------
      S   Scrap.
          Loose, tangled, whole, or broken unstemmed leaves; or the web
           portions of tobacco leaves reduced to scrap by any process.
------------------------------------------------------------------------


[30 FR 9207, July 23, 1965, as amended at 49 FR 16759, Apr. 20, 1984]

                       summary of standard grades



Sec.  29.3676  Summary of standard grades.

------------------------------------------------------------------------
 
------------------------------------------------------------------------
                          6 Grades of Wrappers
------------------------------------------------------------------------
               A1F            A1R
               A2F            A2R
               A3F            A3R
------------------------------------------------------------------------
                         21 Grades of Heavy Leaf
------------------------------------------------------------------------
B1F            B1R            B1D
B2F            B2R            B2D
B3F            B3R            B3D            B3M            B3G
B4F            B4R            B4D            B4M            B4G
B5F            B5R            B5D            B5M            B5G
------------------------------------------------------------------------
                         21 Grades of Thin Leaf
------------------------------------------------------------------------
C1L            C1F            C1R
C2L            C2F            C2R
C3L            C3F            C3R            C3M            C3G
C4L            C4F            C4R            C4M            C4G
C5L            C5F            C5R            C5M            C5G
------------------------------------------------------------------------


------------------------------------------------------------------------
 
------------------------------------------------------------------------
                            24 Grades of Lugs
------------------------------------------------------------------------
X1L        X1F        X1R
X2L        X2F        X2R
X3L        X3F        X3R        X3D        X3M       X3G
X4L        X4F        X4R        X4D        X4M       X4G
X5L        X5F        X5R        X5D        X5M       X5G
------------------------------------------------------------------------


------------------------------------------------------------------------
 
------------------------------------------------------------------------
                         6 Grades of Nondescript
------------------------------------------------------------------------
               N1L            N1R            N1G
               N2L            N2R            N2G
------------------------------------------------------------------------
                            1 Grade of Scrap
------------------------------------------------------------------------
               .............  S              .............  ............
------------------------------------------------------------------------

    Special factors ``U'', ``W'', and ``S'' may be applied to all grades 
in all types, ``BH'' to grades in types 35 and 36, and ``BL'' to type 
35. Tobacco not covered by the standard grades is designated ``No-G.''

[30 FR 9207, July 23, 1965, as amended at 49 FR 16759, Apr. 20, 1984; 51 
FR 40408, Nov. 7, 1986]

                        Applicable Standard Sizes



Sec.  29.3681  Applicable standard sizes.

                         Types 35, 36, 37 and 95
------------------------------------------------------------------------
A1, A2, A3....................................................      2, 3
B1, B2, B3, B4, B5............................................   1, 2, 3
C1, C2, C3, C4, C5............................................   1, 2, 3
------------------------------------------------------------------------
 


[51 FR 40408, Nov. 7, 1986]

                       Key to Standard Grademarks



Sec.  29.3686  Key to standard grademarks.

------------------------------------------------------------------------
              Group                    Qualities            Colors
------------------------------------------------------------------------
A--Wrappers.....................  1--Choice.........  L--Light brown
B--Heavy Leaf...................  2--Fine...........  F--Medium brown
C--Thin Leaf....................  3--Good...........  R--Reddish brown
X--Lugs.........................  4--Fair...........  D--Dark brown
N--Nondescript..................  5--Low............  M--Mixed
S--Scrap........................  ..................  G--Green
------------------------------------------------------------------------


[30 FR 9207, July 23, 1965, as amended at 51 FR 40408, Nov. 7, 1986]

[[Page 151]]

Official Standard Grades for Wisconsin Cigar-Binder Tobacco (U.S. Types 
                             54 and 55) \1\
---------------------------------------------------------------------------

    \1\ These standards also apply to Type 53 Havana seed tobacco.
---------------------------------------------------------------------------

                               Definitions



Sec.  29.6001  Definitions.

    As used in these standards, the words and phrases hereinafter 
defined shall have the indicated meanings so assigned.



Sec.  29.6002  Air-cured.

    Tobacco cured under natural atmospheric conditions. Artificial heat 
sometimes is used to control excess humidity during the curing period to 
prevent pole-sweat, pole-burn, and shed-burn in damp weather. Air-cured 
tobacco should not carry the odor of smoke or fumes resulting from the 
application of artificial heat.



Sec.  29.6003  Body.

    The thickness and density of a leaf or the weight per unit of 
surface. (See chart.)



Sec.  29.6004  Burn.

    The duration of combustion or length of time that a tobacco leaf 
will hold fire after ignition. (See Rule 18.)



Sec.  29.6005  Case (order).

    The state of tobacco with respect to its moisture content.



Sec.  29.6006  Class.

    A major division of tobacco based on method of cure or principal 
usage.



Sec.  29.6007  Clean.

    Tobacco is described as clean when it contains only a normal amount 
of sand or soil particles. Leaves grown on the lower portion of the 
stalk normally contain more sand or dirt than those from higher stalk 
positions. (See Rule 4.)



Sec.  29.6008  Condition.

    The state of tobacco which results from the method of preparation or 
from the degree of fermentation. Words used to describe the condition of 
tobacco are Undried, air-dried, steam-dried, sweating, sweated, and 
aged.



Sec.  29.6009  Crude.

    A subdegree of maturity. (See Rule 15.)



Sec.  29.6010  Cured.

    Tobacco dried of its sap by either natural or artificial processes.



Sec.  29.6011  Damage.

    The effect of mold, must, rot, black rot or other fungus or 
bacterial diseases which attack tobacco in its cured state. Tobacco 
having the odor of mold, must or rot is considered damaged. (See Rule 
17.)



Sec.  29.6012  Dirty.

    The state of tobacco containing an abnormal amount of dirt or sand, 
or tobacco to which additional quantities of dirt or sand have been 
added. (See Rule 17.)



Sec.  29.6013  Elasticity.

    The flexible, springy nature of the tobacco leaf to recover 
approximately its original size and shape after it has been stretched. 
(See chart.)



Sec.  29.6014  Elements of quality.

    Physical characteristics used to determine the quality of tobacco. 
Words selected to describe degrees within each element are shown in the 
chart in Sec.  29.6081.



Sec.  29.6015  Foreign matter.

    Any extraneous substance or material such as stalks, suckers, straw, 
strings, and rubber bands. (See Rule 17.)



Sec.  29.6016  Form.

    The stage of preparation of tobacco such as stemmed or unstemmed.



Sec.  29.6017  General quality.

    The quality of tobacco considered in relation to the type as a 
whole. General quality is distinguished from the restricted use of the 
term ``quality'' within a group.

[[Page 152]]



Sec.  29.6018  Grade.

    A subdivision of a type according to group and quality and to other 
characteristics when they are of sufficient importance to be treated 
separately.



Sec.  29.6019  Grademark.

    In these types a grademark normally consists of a letter to indicate 
group and a number to indicate quality. For example, B2 means Binder, 
fair quality.



Sec.  29.6020  Group.

    A type division consisting of one or more grades based on the 
general quality of tobacco. Groups in these types are: Binder (B), 
Stripper (C), Straight Stripped (X), Farm Filler (Y), Nondescript (N), 
and Scrap (S).



Sec.  29.6021  Injury.

    Hurt or impairment from any cause except the fungus or bacterial 
diseases which attack tobacco in its cured state. (See definition of 
Damage.) Injury to tobacco may be caused by field diseases, insects, or 
weather conditions; insecticides, fungicides, or cell growth inhibitors; 
nutritional deficiencies or excesses; or improper fertilization, 
harvesting, curing, or handling. Injured tobacco includes dead, burnt, 
hail-cut, torn, broken, frostbitten, frozen (see Rule 16), sunburned, 
sun-scalded, bulk-burnt, pole-burnt, shed-burnt, pole-sweated, stem-
rotted, bleached, bruised, discolored, or deformed leaves; or tobacco 
affected by wildfire, rust, frogeye, mosaic, root rot, wilt, black 
shank, or other diseases. (See Rule 13.)



Sec.  29.6022  Leaf scrap.

    A byproduct of unstemmed tobacco Leaf scrap results from handling 
unstemmed tobacco and consists of loose and tangled whole or broken 
leaves.



Sec.  29.6023  Leaf structure.

    The cell development of a leaf as indicated by its porosity. The 
degrees range from close (slick and tight) to open (porous). (See 
chart.)



Sec.  29.6024  Length.

    The linear measurement of cured tobacco leaves from the butt of the 
midrib to the extreme tip.



Sec.  29.6025  Lot.

    A pile, basket, bulk, package, or other definite unit.



Sec.  29.6026  Maturity.

    The degree of ripeness. (See chart.)



Sec.  29.6027  Nested.

    Any tobacco which has been loaded, packed, or arranged to conceal 
foreign matter or tobacco of inferior grade, quality, or condition. 
Nested includes any lot of tobacco which contains foreign matter or 
damaged, injured, tangled, or other inferior tobacco, any of which 
cannot be readily detected upon inspection because of the way the lot is 
packed or arranged. (See Rule 17.)



Sec.  29.6028  No Grade.

    A designation applied to a lot of tobacco classified as damaged, 
dirty, nested, offtype, semicured, or wet; tobacco that is improperly 
packed, contains foreign matter, or has an odor foreign to the type. 
(See Rules 5 and 17.)



Sec.  29.6029  Offtype.

    Tobacco of distinctly different characteristics which cannot be 
classified as Type 53, 54, or 55. (See Rule 17.)



Sec.  29.6030  Package.

    A hogshead, tierce, case, bale, or other securely enclosed parcel or 
bundle.



Sec.  29.6031  Packing.

    A lot of tobacco consisting of a number of packages submitted as one 
definite unit for sampling or inspection. It is represented to contain 
the same kind of tobacco and has a common identification number or mark 
on each package.



Sec.  29.6032  Quality.

    A division of a group or the second factor of a grade based on the 
relative degree of one or more elements of quality.

[[Page 153]]



Sec.  29.6033  Raw.

    Tobacco as it appears between the time of harvesting and the 
beginning of the curing process.



Sec.  29.6034  Semicured.

    Tobacco in the process of being cured or which is partially but not 
thoroughly cured. Semicured includes tobacco which contains fat stems, 
wet butts, swelled stems, and tobacco having frozen stems or stems that 
have not been thoroughly dried in the curing process. (See definition of 
No Grade and Rule 17.)



Sec.  29.6035  Side.

    A certain phase of quality as contrasted with some other phase of 
quality or any peculiar characteristic of tobacco.



Sec.  29.6036  Sound.

    Free of damage. (See Rule 4.)



Sec.  29.6037  Stem.

    The midrib or large central vein of a tobacco leaf.



Sec.  29.6038  Stemmed.

    A form of tobacco, including strips and strip scrap, from which the 
stems or midribs have been removed.



Sec.  29.6039  Stem rot.

    The deterioration of an uncured or frozen stem resulting from 
bacterial action. Although stem rot results from bacterial action, it is 
inactive in cured tobacco and is treated as a kind of injury in these 
types. (See Rule 14.)



Sec.  29.6040  Strength (tensile).

    The stress a tobacco leaf can bear without tearing. (See chart.)



Sec.  29.6041  Strips.

    The sides of a tobacco leaf from which the stem has been removed or 
a lot of tobacco composed of strips.



Sec.  29.6042  Sweated.

    The condition of tobacco which has passed through one or more 
fermentations natural to tobacco packed with a normal percentage of 
moisture. This condition sometimes is described as aged.



Sec.  29.6043  Tobacco.

    Tobacco in its unmanufactured forms as it appears between the time 
it is cured and stripped from the stalk, or primed and cured, and the 
time it enters a manufacturing process. Conditioning, sweating, and 
stemming are not regarded as manufacturing processes.



Sec.  29.6044  Tobacco products.

    Manufactured tobacco, including cigarettes, cigars, smoking tobacco, 
chewing tobacco, and snuff, which is subject to Internal Revenue tax.



Sec.  29.6045  Type.

    A division of a class of tobacco having certain common 
characteristics and closely related grades. Tobacco which has the same 
characteristics and corresponding qualities, colors, and lengths is 
classified as one type, regardless of any factors of historical or 
geographical nature which cannot be determined by an examination of the 
tobacco.



Sec.  29.6046  Type 53.

    That type of cigar-leaf tobacco commonly known as York State or 
Havana Seed of New York and Pennsylvania, produced principally in the 
Big Flats and Onondaga sections of New York and extending into 
Pennsylvania.



Sec.  29.6047  Type 54.

    That type of cigar-leaf tobacco commonly known as Southern Wisconsin 
Cigar-leaf or Southern Wisconsin Binder-type, produced principally south 
and east of the Wisconsin River.



Sec.  29.6048  Type 55.

    That type of cigar-leaf tobacco commonly known as Northern Wisconsin 
Cigar-leaf or Northern Wisconsin Binder-type, produced principally north 
and west of the Wisconsin River and extending into Minnesota.



Sec.  29.6049  Undried.

    The condition of unfermented tobacco which has not been air-dried or 
steam-dried.

[[Page 154]]



Sec.  29.6050  Uniformity.

    A grade requirement designating the percentage of a lot which must 
meet the specified degree of each element of quality. (See Rule 12.)



Sec.  29.6051  Unstemmed.

    A form of tobacco, including whole leaf and leaf scrap, from which 
the stems or midribs have not been removed.



Sec.  29.6052  Unsweated.

    The condition of cured tobacco which has not been sweated.



Sec.  29.6053  Wet (high-case).

    Any sound tobacco containing excessive moisture to the extent that 
it is in unsafe or doubtful-keeping order. Wet applies to any tobacco 
which is not damaged but which is likely to damage if treated in the 
customary manner. (See Rule 17.)



Sec.  29.6054  Width.

    The relative breadth of a tobacco leaf expressed in relation to its 
length. (See chart.)

                           Elements of Quality



Sec.  29.6081  Elements of quality and degrees of each element.

    These standardized words or terms are used to describe tobacco 
quality and to assist in interpreting grade specifications. Tobacco 
attributes or characteristics which constitute quality are designated as 
elements of quality. The range within each element is expressed by the 
use of words or terms designated as degrees. These degrees are arranged 
to show their relative value, but the actual value of each degree varies 
with type and group.

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
            Elements                                                  Degrees
----------------------------------------------------------------------------------------------------------------
Body............................  Heavy........................  Medium.......................  Thin.
Maturity........................  Immature.....................  Mature.......................  Ripe.
Leaf structure..................  Close........................  Firm.........................  Open.
Elasticity......................  Inelastic....................  Semielastic..................  Elastic.
Strength (tensile)..............  Weak.........................  Normal.......................  Strong.
Width...........................  Narrow.......................  ......do.....................  Spready.
Length..........................  (\1\)........................  (\1\)........................  (\1\)
Uniformity......................  (\2\)........................  (\2\)........................  (\2\)
Injury tolerance................  (\2\)........................  (\2\)........................  (\2\)
----------------------------------------------------------------------------------------------------------------
\1\ Expressed in inches.
\2\ Expressed in percentages.

                                  Rules



Sec.  29.6086  Rules.

    The application of these official standard grades shall be in 
accordance with the following rules.



Sec.  29.6087  Rule 1.

    Each grade shall be treated as a subdivision of a particular type. 
When the grade is stated in an inspection certificate, the type also 
shall be stated.



Sec.  29.6088  Rule 2.

    The determination of grade shall be based upon a representative 
sample or a thorough examination of a packing of tobacco.



Sec.  29.6089  Rule 3.

    The grade of unsorted tobacco shall be based upon a representative 
sample of the packing. A minimum of 10 percent of the bundles or bales 
shall be selected at random for sampling; a higher percentage may be 
sampled at the discretion of the inspector. To obtain the sample, a 
sufficient amount of tobacco shall be drawn to be representative of each 
selected bale. In determining the grade, the inspector shall consider 
the quality of all samples. The grade assigned shall represent the 
quality of the lot as a whole.



Sec.  29.6090  Rule 4.

    Standard grades shall be assigned to clean and sound tobacco only.

[[Page 155]]



Sec.  29.6091  Rule 5.

    Tobacco leaves shall be placed straight in bundles or bales of 
normal weight, size, and shape with the butts out and tips overlapping 
from 6 to 8 inches or sufficiently to make a level, solid, and uniform 
pack. The sides of the bundles shall be completely covered with paper, 
or other suitable protective material, and tightly bound with not less 
than three large twines spaced so that the tobacco will be held securely 
together. Improperly packed tobacco shall be designated as ``No--G.''



Sec.  29.6092  Rule 6.

    The grade assigned to any lot of tobacco shall be a true 
representation of the tobacco at the time of inspection and 
certification. If, at any time, it is found that a lot of tobacco does 
not comply with the specifications of the grade previously assigned, it 
shall not thereafter be represented as such grade.



Sec.  29.6093  Rule 7.

    Any lot of tobacco which meets the specifications of two grades 
shall be placed in the higher grade. Any lot of tobacco on the marginal 
line between two grades shall be placed in the lower grade.



Sec.  29.6094  Rule 8.

    A lot of tobacco meets the specifications of a grade when it is not 
lower in any degree of any element of quality than the minimum 
specifications of such grade.



Sec.  29.6095  Rule 9.

    In determining the grade of a lot of tobacco, the lot as a whole 
shall be considered. Minor irregularities which do not affect over one 
percent of the tobacco shall be overlooked.



Sec.  29.6096  Rule 10.

    Interpretations, the use of specifications, and the meaning of terms 
shall be in accordance with determinations or clarifications made by the 
Chief of the Standardization Branch and approved by the Director of the 
Tobacco Division, Agricultural Marketing Service.



Sec.  29.6097  Rule 11.

    The use of any grade may be restricted by the Director during any 
marketing season when it is found that the grade is not needed or 
appears in insufficient volume to justify its use.



Sec.  29.6098  Rule 12.

    Uniformity shall be expressed in percentages. These percentages 
shall govern the portion of a lot which must meet each specification of 
the grade; the remaining portion must be related. Grade specifications 
state the minimum acceptable degree of each element of quality. 
Specified percentages of uniformity shall not affect limitations 
established by other rules.



Sec.  29.6099  Rule 13.

    Injury tolerance shall be expressed in percentages. The appraisal of 
injury shall be based upon the percentage of affected leaf surface or 
the degree of injury, and consideration shall be given to the kinds of 
injury normal to the group or grade.



Sec.  29.6100  Rule 14.

    Stem rot shall not exceed 40 percent of the specified injury 
tolerance for any grade.



Sec.  29.6101  Rule 15.

    In grade specifications the tolerance of crude shall apply to the 
entire leaf surface of the lot.



Sec.  29.6102  Rule 16.

    In grade specifications frozen shall be treated as a separate kind 
of injury and the tolerance shall apply to the entire leaf surface of 
the lot.



Sec.  29.6103  Rule 17.

    Tobacco shall be designated as No Grade, using the grademark ``No--
G,'' when it is damaged, dirty, nested, offtype, semicured, wet, 
improperly packed, contains foreign matter, or has an odor foreign to 
the type.



Sec.  29.6104  Rule 18.

    Burn shall be determined as the average burning time of leaves 
selected at random from the sample. A minimum of 10 leaves shall be 
selected as representative regardless of the number of

[[Page 156]]

bundles or bales in the lot. All burn tests shall be made in the 
bindercutting area on the same side of the leaf. The leaf shall be 
punctured to permit quick ignition when placed over a candle, alcohol 
lamp, or electrical-lighting device. Good burn shall average 6 seconds 
or longer; fair burn, 3 to 5 seconds; and poor burn, under 3 seconds. B1 
and B2 shall require good burn and B3, fair burn.

                                 Grades



Sec.  29.6126  Binder (B Group).

    Tobacco of this group is of cigar-binder quality from which trash 
and trashy Farm Fillers have been removed.

----------------------------------------------------------------------------------------------------------------
                  U.S. grades                          Grade names, minimum specifications, and tolerances
----------------------------------------------------------------------------------------------------------------
B1............................................  Fine Quality Binder. Thin, ripe, open, elastic, strong, spready,
                                                 and 19 inches or over in length. Uniformity, 90 percent; injury
                                                 tolerance, 10 percent.
B2............................................  Fair Quality Binder. Medium body, ripe, open, semielastic,
                                                 strong, normal width, and 19 inches or over in length.
                                                 Uniformity, 80 percent; injury tolerance, 20 percent.
B3............................................  Low Quality Binder. Medium, ripe, firm, semielastic, normal
                                                 strength and width, and 17 inches or over in length.
                                                 Uniformity, 70 percent; injury tolerance, 30 percent.
----------------------------------------------------------------------------------------------------------------



Sec.  29.6127  Stripper (C Group).

    This group consists of tobacco from which the trash and trashy Farm 
Fillers have been removed but does not meet the specifications of the 
Binder group.

----------------------------------------------------------------------------------------------------------------
                  U.S. grades                          Grade names, minimum specifications, and tolerances
----------------------------------------------------------------------------------------------------------------
C1............................................  Fine Quality Stripper. Heavy, ripe, firm, semielastic, normal
                                                 strength and width, and 16 inches or over in length.
                                                 Uniformity, 90 percent; injury tolerance, 10 percent.
C2............................................  Fair Quality Stripper. Heavy, mature, close, inelastic, normal
                                                 strength, narrow, and 16 inches or over in length. Uniformity,
                                                 80 percent. Tolerances: 5 percent crude, 5 percent frozen, and
                                                 20 percent injury.
C3............................................  Low Quality Stripper. Heavy, immature, close, inelastic, weak,
                                                 and narrow. Uniformity, 70 percent. Tolerances: 10 percent
                                                 crude, 10 percent frozen, and 30 percent injury.
----------------------------------------------------------------------------------------------------------------



Sec.  29.6128  Straight Stripped (X Group).

    This group consists of unsorted tobacco from which the trash has 
been removed.

----------------------------------------------------------------------------------------------------------------
                  U.S. grades                          Grade names, minimum specifications, and tolerances
----------------------------------------------------------------------------------------------------------------
X1............................................  Fine Quality Straight Stripped. Heavy, ripe, firm, semielastic,
                                                 normal strength and width, and 16 inches or over in length.
                                                 Uniformity, 85 percent; injury tolerance, 15 percent.
X2............................................  Fair Quality Straight Stripped. Heavy mature, close, inelastic,
                                                 normal strength, narrow, and 16 inches or over in length.
                                                 Uniformity, 75 percent. Tolerances: 5 percent crude, 5 percent
                                                 frozen, and 25 percent injury.
X3............................................  Low Quality Straight Stripped. Heavy, immature, close,
                                                 inelastic, weak, and narrow. Uniformity, 60 percent.
                                                 Tolerances: 10 percent crude, 10 percent frozen, and 40 percent
                                                 injury.
----------------------------------------------------------------------------------------------------------------



Sec.  29.6129  Farm Filler (Y Group).

    This group consists of tobacco from the lower portion of the stalk 
and may include throw out leaves from the Binder and Stripper groups.

----------------------------------------------------------------------------------------------------------------
                  U.S. grades                          Grade names, minimum specifications, and tolerances
----------------------------------------------------------------------------------------------------------------
Y1............................................  Fine Quality Farm Filler. Thin, ripe, open, semielastic, normal
                                                 strength and width, and 12 inches or over in length.
                                                 Uniformity, 85 percent; injury tolerance, 15 percent.
Y2............................................  Fair Quality Farm Filler. Thin, ripe, firm, inelastic, normal
                                                 strength, and narrow. Uniformity, 75 percent. Tolerances: 5
                                                 percent crude, 5 percent frozen, and 25 percent injury.
Y3............................................  Low Quality Farm Filler. Thin, mature, close, inelastic, weak,
                                                 and narrow. Uniformity, 60 percent. Tolerances: 10 percent
                                                 crude, 10 percent frozen, and 40 percent injury.
----------------------------------------------------------------------------------------------------------------


[[Page 157]]



Sec.  29.6130  Nondescript (N Group).

    Tobacco which does not meet the minimum specifications or exceeds 
the tolerance of the lowest grade of any other group.

----------------------------------------------------------------------------------------------------------------
                  U.S. grades                          Grade names, minimum specifications, and tolerances
----------------------------------------------------------------------------------------------------------------
N1............................................  First Quality Nondescript. Tolerances: 20 percent crude, 20
                                                 percent frozen, and 60 percent injury.
N2............................................  Second Quality Nondescript. Over 20 percent crude, over 20
                                                 percent frozen, or over 60 percent injury.
----------------------------------------------------------------------------------------------------------------



Sec.  29.6131  Scrap (S Group).

    A byproduct of unstemmed and stemmed tobacco. Scrap accumulates from 
handling tobacco in farm buildings, warehouses, packing and conditioning 
plants, and stemmeries.

----------------------------------------------------------------------------------------------------------------
                  U.S. grades                                    Grade names and specifications
----------------------------------------------------------------------------------------------------------------
S.............................................  Loose, tangled, whole, or broken unstemmed leaves, or the web
                                                 portion of tobacco leaves reduced to scrap by any process.
----------------------------------------------------------------------------------------------------------------

                       Summary of Standard Grades



Sec.  29.6155  Summary of standard grades.

------------------------------------------------------------------------
           Three grades of binder              Three grades of stripper
------------------------------------------------------------------------
B1.........................................  C1
B2.........................................  C2
B3.........................................  C3
------------------------------------------------------------------------


------------------------------------------------------------------------
     Three grades of straight stripped       Three grades of farm filler
------------------------------------------------------------------------
X1.........................................  Y1
X2.........................................  Y2
X3.........................................  Y3
------------------------------------------------------------------------


------------------------------------------------------------------------
         Two grades of nondescript               One grades of scrap
------------------------------------------------------------------------
N1.........................................  S
N2
------------------------------------------------------------------------
Tobacco not covered by standard grades is designated as ``No-G.''

                       Key to Standard Grademarks



Sec.  29.6161  Key to standard grademarks.

------------------------------------------------------------------------
                   Groups                             Qualities
------------------------------------------------------------------------
B--Binder..................................  1--Fine.
C--Stripper................................  2--Fair.
X--Straight Stripped.......................  3--Low.
Y--Farm Filler
N--Nondescript
S--Scrap
------------------------------------------------------------------------



           Subpart D_Orders of Designation of Tobacco Markets

    Authority: Sec. 5, 49 Stat. 732, as amended by sec. 157(a)(1), 95 
Stat. 374 (7 U.S.C. 511d).



Sec.  29.8001  Designation of tobacco markets.

    The Act of Congress approved August 23, 1935 (49 Stat. 731; 7 
U.S.C., Chapter 21A) entitled ``The Tobacco Inspection Act'' contains 
the following provisions:

    Sec. 2. That transactions in tobacco involving the sale thereof at 
auction as commonly conducted at auction markets are affected with a 
public interest; that such transactions are carried on by tobacco 
producers generally and by persons engaged in the business of buying and 
selling tobacco in commerce; that the classification of tobacco 
according to type, grade, and other characteristics affects the prices 
received therefor by producers; that without uniform standards of 
classification and inspection the evaluation of tobacco is susceptible 
to speculation, manipulation, and control, and unreasonable fluctuations 
in prices and quality determinations occur which are detrimental to 
producers and persons handling tobacco in commerce; that such 
fluctuations constitute a burden upon commerce and make the use of 
uniform standards of classification and inspection imperative for the 
protection of producers and others engaged in commerce and the public 
interested therein. * * *
    Sec. 5. That the Secretary is authorized to designate those auction 
markets where tobacco bought and sold thereon at auction, or the 
products customarily manufactured therefrom, moves in commerce. Before 
any market is designated by the Secretary under this section he shall 
determine by referendum the desire of tobacco growers who sold tobacco 
at auction on such market during the preceding marketing season. The 
Secretary may at his discretion hold one referendum for two or more 
markets or for all

[[Page 158]]

markets in a type area. No market or group of markets shall be 
designated by the Secretary unless two-thirds of the growers voting 
favor it. The Secretary shall have access to the tobacco records of the 
Collector of Internal Revenue and of the several collectors of internal 
revenue for the purpose of obtaining the names and addresses of growers 
who sold tobacco on any auction market, and the Secretary shall 
determine from said records the eligibility of such grower to vote in 
such referendum, and no grower shall be eligible to vote in more than 
one referendum. After public notice of not less than thirty days that 
any auction market has been so designated by the Secretary, no tobacco 
shall be offered for sale at auction on such market until it shall have 
been inspected and certified by an authorized representative of the 
Secretary according to the standards established under this Act, except 
that the Secretary may temporarily suspend the requirement of inspection 
and certification at any designated market whenever he finds it 
impracticable to provide for such inspection and certification because 
competent inspectors are not obtainable or because the quantity of 
tobacco available for inspection is insufficient to justify the cost of 
such service: Provided, That, in the event competent inspectors are not 
available, or for other reasons, the Secretary is unable to provide for 
such inspection and certification at all auction markets within a type 
area, he shall first designate those auction markets where the greatest 
number of growers may be served with the facilities available to him. No 
fee or charge shall be imposed or collected for inspection or 
certification under this section at any designated auction market. 
Nothing contained in this Act shall be construed to prevent transactions 
in tobacco at markets not designated by the Secretary or at designated 
markets where the Secretary has suspended the requirement of inspection 
or to authorize the Secretary to close any market.

                                           Designated Tobacco Markets
----------------------------------------------------------------------------------------------------------------
                                                                               Order of
            Territory              Types of tobaccos    Auction markets       designation          Citation
----------------------------------------------------------------------------------------------------------------
(a) Kentucky-Tennessee..........  Fire-cured, and     Clarksville, Tenn.  June 18, 1936.....  1 FR 757.
                                   Green River Dark   Springfield, Tenn.
                                   Air-cured--Types   Hopkinsville, Ky..
                                   22, 23, 24 and 36. Paducah, Ky.......
                                                      Mayfield, Ky......
                                                      Murray Ky.........
                                                      Madisonville, Ky..
                                                      Henderson, Ky.....
(b) Virginia....................  Fire-cured--Type    Lynchburg, Va.....  ......do..........   Do.
                                   21.                Bedford, Va.......
                                                      Farmville, Va.....
                                                      Blackstone, Va....
                                                      Drakes Branch, Va.
(c) South Carolina..............  Flue-cured--Type    Lake City, S. C...  July 1, 1936; as    1 FR 842, 968.
                                   13.                Darlington, S. C..   amended July 15,
                                                      Pamplico, S. C....   1936.
(d) North Carolina..............  Flue-cured--Type    Farmville, N. C...  July 13, 1936.....  1 FR 921.
                                   12.                Goldsboro, N. C...
(e) North Carolina..............  Flue-cured--Type    Oxford, N. C......  Aug. 26, 1936.....  1 FR 1416.
                                   11(b)..
(f) Kentucky....................  Burley--Type 31...  Bowling Green, Ky.  Nov. 14, 1936.....  1 FR 2266.
                                                      Cynthiana, Ky.....
                                                      Horse Cave, Ky....
                                                      Mt. Sterling, Ky..
(g) North Carolina..............  Flue-cured........  Wendell, N. C.....  Sept. 14, 1937....  2 FR 2169.
(h) Kentucky....................  Burley--Type 31...  Danville, Ky......  Dec. 3, 1937......  2 FR 3102.
(i) Virginia....................  Flue-cured........  South Hill, Va....  Aug. 23, 1938.....  3 FR 2074.
(j) Kentucky....................  Green River and     Owensboro, Ky.....  Sept. 9, 1938.....  3 FR 2208.
                                   One-Sucker.
(k) Virginia....................  Burley............  Abingdon, Va......  Nov. 16, 1938.....  3 FR 2734.
 West Virginia..................  ..................  Huntington, W. Va.
 Tennessee......................  ..................  Knoxville, Tenn...
 Kentucky.......................  ..................  Maysville, Ky.....
                                                      Paris, Ky.........
                                                      Springfield, Ky...
 Ohio...........................  ..................  Ripley, Ohio......
(l) Georgia.....................  Flue-cured........  Adel, Ga..........  June 22, 1939.....  4 FR 2476.
                                                      Douglas, Ga.......
                                                      Nashville, Ga.....
(m) North Carolina..............  Flue-cured........  Greenville, N. C..  July 24, 1939.....  4 FR 3421.
(n) Tennessee...................  Fire-cured........  Paris, Tenn.......  Nov. 7, 1939......  4 FR 4537.
 Kentucky.......................  Burley............  Lebanon, Ky.......
                                                      Columbia, Tenn....
                                                      Mt. Pleasant, Tenn

[[Page 159]]

 
(o) Florida.....................  ..................  Live Oak, Fla.....  ......do..........   Do.
(p) Kentucky....................  All...............  Shelbyville, Ky...  July 17, 1940.....  5 FR 2607.
(q) Georgia.....................  Flue-cured........  Danville, Va......  Aug. 16, 1941.....  6 FR 4111.
 North Carolina.................  ..................  Dillon, S.C.......
 South Carolina.................  ..................  Fuquay Springs-
                                                       Varina, N.C.
 Virginia.......................  ..................  Loris, S.C........
                                                      Reidsville, N.C...
                                                      Robersonville, N.C
                                                      Statesboro, Ga....
                                                      Tarboro, N.C......
                                                      Timmonsville, S.C.
                                                      Williamston, N.C..
(r) Kentucky....................  One-sucker........  Franklin, Ky......  Oct. 9, 1941......  6 FR 5147.
 Tennessee......................  ..................  Mayfield, Ky......
                                                      Russellville, Ky..
                                                      Westmoreland, Tenn
(s) Indiana.....................  Burley............  Asheville, N.C....  Oct. 25, 1941.....  6 FR 5478.
 Kentucky.......................  ..................  Bloomfield, Ky....
 Missouri.......................  ..................  Boone, N.C........
 North Carolina.................  ..................  Camp Taylor, Ky...
 Tennessee......................  ..................  Carrollton, Ky....
                                                      Carthage, Tenn....
                                                      Covington, Ky.....
                                                      Fayetteville, Tenn
                                                      Franklin, Tenn....
                                                      Gallatin, Tenn....
                                                      Glasgow, Ky.......
                                                      Greensburg, Ky....
                                                      Greeneville, Tenn.
                                                      Harrodsburg, Ky...
                                                      Hartsville, Tenn..
                                                      Hopkinsville, Ky..
                                                      Johnson City, Tenn
                                                      Lexington, Ky.....
                                                      Louisville, Ky....
                                                      Madison, Ind......
                                                      Morristown, Tenn..
                                                      New Albany, Ind...
                                                      New Tazewell, Tenn
                                                      Owensboro, Ky.....
                                                      Richmond, Ky......
                                                      Rogersville, Tenn.
                                                      Weston, Mo........
(t) Georgia.....................  Flue-cured........  ..................  June 26, 1942.....  7 FR 4811.
 Florida........................  ..................  Ahoskie, N.C......
 North Carolina.................  ..................  Baxley, Ga........
 South Carolina.................  ..................  Blackshear, Ga....
 Virginia.......................  ..................  Brookneal, Va.....
                                  Flue-cured........
                                                      Chadbourn, N.C....
                                                      Chase City, Va....
                                                      Clarksville, Va...
                                                      Clarkton, N.C.....
                                                      Conway, S.C.......
                                                      Durham, N.C.......
                                                      Fair Bluff, N.C...
                                                      Fairmont, N.C.....
                                                      Hazlehurst, Ga....
                                                      Henderson, N.C....
                                                      Kenbridge, Va.....
                                                      Kingstree, S.C....
                                                      Kinston, N.C......
                                                      Lake City, Fla....
                                                      Lawrenceville, Va.
                                                      Louisburg, N.C....
                                                      Lumberton, N.C....
                                                      Martinsville, Va..
                                                      Moultrie, Ga......
                                                      Mt. Airy, N.C.....
                                                      Mullins, S.C......
                                                      Pelham, Ga........

[[Page 160]]

 
                                                      Petersburg, Va....
                                                      Rocky Mount, N.C..
                                                      Rocky Mount, Va...
                                                      Roxboro, N.C......
                                                      Sanford, N.C......
                                                      Smithfield, N.C...
                                                      South Boston, Va..
                                                      Tabor City, N.C...
                                                      Tifton, Ga........
                                                      Vidalia, Ga.......
                                                      Wallace, N.C......
                                                      Warrenton, N.C....
                                                      Washington, N.C...
                                                      Waycross, Ga......
                                                      Whiteville, N.C...
                                                      Wilson, N.C.......
                                                      Winston-Salem, N.C
(u) Virginia....................  All...............  Richmond, Va......  Nov. 7, 1942......  7 FR 9107.
(v) Tennessee...................  ......do..........  Springfield and     Sept. 18, 1944....  9 FR 11571.
                                                       Clarksville, Tenn.
(w) Georgia.....................  ......do..........  Quitman, Ga.......  Aug. 28, 1945.....  10 FR 11104.
(x) Georgia.....................  ......do..........  Fitzgerald, Ga....  July 22, 1946.....  11 FR 7967.
(y) North Carolina..............  ......do..........  Clinton, N C......  Aug. 9, 1946......  11 FR 8712.
(z) Kentucky....................  ......do..........  Winchester, Ky....  Oct. 30, 1946.....  11 FR 13099.
(aa) North Carolina.............  ......do..........  Fayetteville, N.C.  June 17, 1947.....  12 FR 4015.
(bb) Maryland...................  ......do..........  Hughesville, La     May 17, 1948......  13 FR 2579.
                                                       Plata, Upper
                                                       Marlboro, and
                                                       Waldorf, Md.
(cc) Florida....................  ......do..........  Jasper, Fla.......  May 27, 1948......  13 FR 2963.
(dd) Georgia....................  ......do..........  Claxton, Ga.......  July 30, 1948.....  13 FR 4498.
(ee) Kentucky...................  ......do..........  London, Ky........  Oct. 25, 1948.....  13 FR 6349.
(ff) North Carolina.............  ......do..........  West Jefferson,     ......do..........  13 FR 6348.
                                                       N.C.
(gg) North Carolina.............  ......do..........  Dunn, N.C.........  July 15, 1949.....  14 FR 4514.
(hh) North Carolina.............  ......do..........  Ellerbe, N.C......  Aug. 25, 1949.....  14 FR 5364.
(ii) Kentucky, Tennessee........  ......do..........  Somerset, Ky......  Oct. 7, 1949......  14 FR 6193.
                                                      Sparta, Tenn......
(jj) North Carolina.............  ......do..........  Greensboro, N.C...  June 16, 1950.....  15 FR 3980.
 South Carolina.................  ..................  Windsor, N.C......
 Georgia........................  ..................  Hemingway, S.C....
                                                      Sylvester, Ga.....
(kk) Kentucky...................  All...............  Franklin, Ky......  June 21, 1950.....  15 FR 4072.
                                                      Russellville, Ky..
                                                      Scottsville, Ky...
(ll) Tennessee, Virginia........  ......do..........  Sweetwater, Tenn..  July 18, 1950.....  15 FR 4675.
                                                      Pennington Gap, Va
(mm) Kentucky...................  ......do..........  Mayfield, Ky......  Oct. 19, 1950.....  15 FR 7117.
                                                      Murray, Ky........
                                                      Paducah, Ky.......
(nn) South Carolina.............  ......do..........  Lamar, S.C........  May 28, 1951......  16 FR 5108.
(oo) Tennessee..................  ......do..........  Mountain City,      Nov. 1, 1951......  16 FR 11260.
                                                       Tenn.
(pp) Florida....................  ......do..........  High Springs......  June 2, 1954......  19 FR 3211.
(qq) Tennessee..................  ......do..........  Newport...........  Oct. 27, 1954.....  19 FR 6878.
(rr) Georgia....................  ......do..........  Alma and Pearson..  May 13, 1955......  20 FR 3252.
(ss) Kentucky...................  ......do..........  Henderson, Ky.....  Oct. 29, 1942.....  20 FR 8142.
 Virginia.......................  ..................  Gate City, Va.....
(tt) Florida....................  All...............  Madison, Fla......  July 6, 1956......  21 FR 4998.
 Georgia........................  ..................  Swainsboro, Ga....
                                                      Thomasville, Ga...
(uu) Kentucky...................  All...............  Morehead..........  June 18, 1958.....  23 FR 4377.
(vv) North Carolina.............  ......do..........  Yadkinville, N.C..  April 15, 1970....  35 FR 6107.
(ww) North Carolina.............  Flue-Cured........  Mebane-Burlington.  Mar. 11, 1983.....  48 FR 10291.
(xx) Georgia....................  Flue-Cured........  Valdosta-Hahira...  Apr. 19, 1985.....  50 FR 15537.
(yy) Virginia...................  Type 37...........  Farmville.........  Oct. 9, 1985......  50 FR 41127.
(zz) Georgia....................  Flue-Cured........  Baxley-Hazlehurst.  July 6, 1987......  52 FR 25199.
(aaa) South Carolina............  Flue-Cured........  Darlington-         July 6, 1987......  52 FR 25200.
                                                       Timmonsville.
(bbb) North Carolina............  Flue-Cured........  Carthage-Aberdeen.  Aug. 30, 1988.....  53 FR 33097.
(ccc) North Carolina............  Flue-cured........  Stoneville-Madison  Aug. 2, 1989......  54 FR 31797.
(ddd) Georgia...................  Flue-Cured........  ..................  Sept. 4, 1990.....  55 FR 35886.
(eee) Georgia...................  Flue-Cured........  Metter............  Sept. 4, 1990.....  55 FR 35885.
(fff) Georgia...................  Flue-Cured........  Fitzgerald-Ocilla.  May 29, 1991......  56 FR 19541.
(ggg) North Carolina............  Flue-cured........  Windsor-            June 27, 1994.....  59 FR 27215.
                                                       Williamston-
                                                       Robersonville.

[[Page 161]]

 
(hhh) Georgia...................  Flue-Cured........  Tifton-Fitzgerald-  Apr. 6, 1995......  60 FR 12398.
                                                       Ocilla.
(iii) South Carolina............  Flue-Cured........  Kingstree-          Apr. 6 1995.......  60 FR 12399.
                                                       Hemingway.
(jjj) North Carolina............  Flue-Cured........  Clarkton-Chadbourn  Apr. 6, 1995......  60 FR 12400.
(kkk) North Carolina............  Flue-Cured........  Fairmont-Fair       Apr. 6, 1995......  60 FR 12401.
                                                       Bluff.
(lll) North Carolina............  Flue-cured........  Sanford-Carthage-   July 5, 1996......  61 FR 27997.
                                                       Aberdeen.
(mmm) Kentucky..................  Burley............  Horse Cave-Glasgow- July 15, 1996       61 FR 29924.
                                                       Greensburg, KY.
(nnn) North Carolina, Tennessee.  Burley............  Boone-West          July 15, 1996       61 FR 29923.
                                                       Jefferson-
                                                       Mountain City.
(ooo) North Carolina............  Flue-Cured........  Tabor City-         June 5, 1997        62 FR 24559.
                                                       Whiteville.
(ppp) Virginia..................  Flue-Cured........  Clarksville-Chase   July 1, 1998        63 FR 29529.
                                                       City.
(qqq) North Carolina, South       Flue-Cured........  Fairmont-Fair       October 22, 2001..  66 FR 53076.
 Carolina.                                             Bluff-Loris.
----------------------------------------------------------------------------------------------------------------


[1 FR 649, June 23, 1936. Redesignated at 14 FR 465, Feb. 3, 1949, and 
further redesignated at 24 FR 2776, Apr. 10, 1959, as amended at 35 FR 
6107, Apr. 15, 1970; 45 FR 36957, Oct. 16, 1974; 48 FR 10291, Mar. 11, 
1983; 50 FR 15537, Apr. 19, 1985; 50 FR 41127, Oct. 9, 1985; 52 FR 
25199, 25200, July 6, 1987; 53 FR 33097, Aug. 30, 1988; 54 FR 31797, 
Aug. 2, 1989; 55 FR 35885, 35886 Sept. 4, 1990; 56 FR 19541, Apr. 29, 
1991; 59 FR 27215, May 26, 1994; 60 FR 12398, 12399, 12400, and 12401, 
Mar. 7, 1995; 61 FR 29923, 29924, June 13, 1996; 61 FR 37351, July 18, 
1996; 62 FR 24559, May 6, 1997; 63 FR 29529, June 1, 1998; 66 FR 53075, 
Oct. 19, 2001]

Subpart E [Reserved]



Subpart F_Policy Statement and Regulations Governing the Identification 
 and Certification of Nonquota Tobacco Produced and Marketed in a Quota 
                                  Area

    Authority: Pub. L. 97-98, 95 Stat. 1266, as amended (7 U.S.C. 
1314f).

    Source: 47 FR 8980, Mar. 3, 1982, unless otherwise noted.

                               definitions



Sec.  29.9201  Terms defined.

    As used in this subpart and in all instructions, forms, and 
documents in connection therewith, the words and phrases hereinafter 
defined shall have the indicated meanings so assigned.



Sec.  29.9202  Approved receiving station.

    Points approved by the Director at which tobacco is offered for 
marketing or shipment into commerce including tobacco auction 
warehouses, packing houses, prizeries, or places where tobacco is 
handled or stored.



Sec.  29.9203  Certification.

    The documentation of class or type, weight, or other tobacco 
characteristics as required in Sec.  29.9263.



Sec.  29.9204  Crop-lot.

    The assemblage of individual lots representing the season's 
production of each kind or type of nonquota tobacco produced on an 
individual farm.



Sec.  29.9205  Identification number (farm serial number).

    The serial number assigned to an individual farm by the appropriate 
office of the Agricultural Stabilization and Conservation Service.



Sec.  29.9206  Inspection.

    The examination by an inspector of a lot or crop-lot of tobacco to 
make determinations necessary for proper certification.



Sec.  29.9207  Nonquota tobacco.

    Any kind or type of tobacco not subject to production and/or 
marketing limitations or restrictions under regulations issued by the 
Agricultural Stabilization and Conservation Service.



Sec.  29.9208  Permissive inspection.

    Permissive inspection consists of inspecting and certificating 
tobacco,

[[Page 162]]

upon the request of an interested party.



Sec.  29.9209  Lot.

    A pile, basket, bulk, package, or other definite unit.



Sec.  29.9210  Office of inspection.

    A field office of the inspection service of the Tobacco Division.

                            policy statement



Sec.  29.9221  Policy statement.

    Public Law 97-98 enacted on December 22, 1981, amended section 320 
of the Agricultural Adjustment Act of 1938, to preserve the 
effectiveness of the tobacco program by discouraging the production of 
tobacco not under quota in states where tobacco farmers have elected to 
comply with marketing quotas. Under the amendment, any tobacco 
represented by the producer as nonquota which is produced in a state 
where producers have approved marketing quotas shall be determined to be 
subject to marketing quotas for the quota tobacco produced in that state 
having the highest price support, with the specific exemptions provided 
for in section 320(b) and set out in 7 CFR parts 724, 725, and 726 of 
these regulations. The regulations in this subpart set out procedures 
for requesting a Tobacco Classification Certificate which would certify 
that the inspected tobacco is readily and distinguishably different from 
all kinds of quota tobacco, as determined through application of the 
standards for inspection and identification of tobacco.

                             administration



Sec.  29.9231  Administration.

    The Director, Tobacco Division, Agricultural Marketing Service, U.S. 
Department of Agriculture, Washington, DC, 20250, is charged with the 
supervision of the Division and the performance of all duties assigned 
thereto in the administration of the act. The conduct of all services 
and the licensing or employment of inspection/grading/sampling personnel 
under these regulations shall be accomplished without discrimination as 
to race, color, creed, sex, or national origin. Information concerning 
such administration may be obtained from the Director.



Sec.  29.9232  Where certification is available.

    Nonquota tobacco may be inspected and certified by class or type, 
upon request of an interested party, when the tobacco is displayed at an 
approved receiving station where the tobacco is accessible to the 
inspector.



Sec.  29.9233  When certification will be made.

    Certification services for the nonquota tobacco shall be made when 
inspectors are available and such sales will not interfere with 
scheduled sales on designated auction markets.



Sec.  29.9234  Who may obtain certification.

    Certification of nonquota tobacco may be requested by an interested 
party (applicant) by filing an application in accordance with Sec. Sec.  
29.9236 and 29.9237.



Sec.  29.9235  How to make application.

    Application for certification by class or type of nonquota tobacco 
shall be made to the office of inspection, not less than 14 days before 
the date of requested certification. The application shall be in writing 
and signed by the applicant.



Sec.  29.9236  Form of application.

    Application for inspection and certification of class or type of 
nonquota tobacco shall include the following information;
    (a) The date of the application;
    (b) The producer's certification of the type of the tobacco, the 
crop year when produced, and where produced;
    (c) The name and post office address of the applicant;
    (d) The financial interest of the applicant in the tobacco;
    (e) The exact nature of the service desired;
    (f) A statement that the tobacco is (1) in commerce, as defined in 
the act, or (2) entering such commerce; and
    (g) Such other necessary information as the Director may require.

[[Page 163]]



Sec.  29.9237  When application deemed filed.

    An application shall be deemed filed when delivered to the office of 
inspection. When an application is filed, the date and time of filing 
shall be recorded by the official receiving it.



Sec.  29.9238  When application may be rejected.

    An application may be rejected (a) for noncompliance with the act or 
the regulations in this subpart, or (b) when it is not practicable to 
provide the service. All expenses incurred in connection with an 
application rejected for noncompliance with the act or the regulations 
in this subpart shall be paid by the applicant as provided in Sec.  
29.124 of subpart B of this part.



Sec.  29.9239  When application may be withdrawn.

    An application may be withdrawn at any time before the requested 
service is rendered. Payment of expenses incurred in connection 
therewith shall be paid by the applicant as provided in Sec.  29.124 and 
subpart B of this part.



Sec.  29.9240  Responsibilities of applicant.

    Any applicant requesting class or type certification on nonquota 
tobacco produced in a quota area, shall obtain from the appropriate 
county office of the Agricultural Stabilization and Conservation Service 
a certificate showing the acreage of nonquota tobacco grown on each 
affected farm and the identification number. It shall also be the 
responsibility of the applicant to:
    (a) Make available to the inspector any or all information required 
by the inspector for completion of the Tobacco Classification 
Certificate,
    (b) Make the tobacco accessible to the inspector, and
    (c) Surrender to the inspector at time of certification a copy of 
the ASCS certificate and sale bill.



Sec.  29.9241  Accessibility of tobacco.

    All tobacco to be inspected and certified by class or type upon 
application shall be made accessible by the applicant for proper 
examination, including any necessary display in proper light for 
determination of grade, class, type, or other characteristics or for 
drawing of samples. Each croplot shall be displayed at an approved 
receiving station in a continuous and orderly sequence with no other 
quota, nonquota, or other producer's tobacco in between. The lots shall 
be arranged in rows 18 inches apart with the leaves of adjacent lots not 
touching within the rows. Coverings shall be removed by the applicant in 
such manner as may be prescribed by the inspector.

                            fees and charges



Sec.  29.9251  Fees and charges.

    Fees and charges for inspection and certification services shall 
comprise the cost of salaries, travel, per diem, and related expenses to 
cover the costs of performing the service. Fees shall be for actual time 
required to render the service calculated to the nearest 30-minute 
period. The hourly rate shall be $47.40. The overtime rate for service 
performed outside the inspector's regularly scheduled tour of duty shall 
be $53.70. The rate of $64.45 shall be charged for work performed on 
Sundays and holidays.

[56 FR 41922, Aug. 26, 1991, as amended at 66 FR 28361, May 23, 2001]

                          certifying procedures



Sec.  29.9261  Procedure to be followed.

    In certifications based on permissive inspection of nonquota tobacco 
produced in a state where any quota tobacco is produced, the inspector 
shall use the Official Standard Grades for all types of quota tobacco. 
The inspector shall determine by inspecting each lot in the crop-lot 
whether the crop-lot can be certified as the nonquota tobacco requested 
by the applicant. If the inspector determines upon inspection that any 
individual lot in the crop-lot meets the specifications of any grade of 
any quota tobacco, no certificate will be issued on any tobacco in the 
crop-lot.



Sec.  29.9262  Issuance of certificates.

    A ``Tobacco Classification Certificate'' may be issued upon request 
of an applicant for nonquota tobacco certified in accordance with Sec.  
29.9261. The Tobacco Classification Certificate will be supplied by the 
inspection office.

[[Page 164]]



Sec.  29.9263  Tobacco classification certificate.

    Each tobacco classification certificate shall show:
    (a) The caption ``Tobacco Classification Certificate'';
    (b) Whether it is an original, first, second, or other copy;
    (c) The number of the certificate;
    (d) The sale bill identification number;
    (e) The location of the tobacco at the time of inspection and 
certification;
    (f) The date of certification;
    (g) The class or type of tobacco;
    (h) The number of lots in the crop-lot;
    (i) The weight of each lot;
    (j) The signature of the inspector and,
    (k) Such additional information as may be required by the Director.



Sec.  29.9264  Forms.

    Each certificate issued under this regulation shall:
    (a) Show that it was issued under the Tobacco Inspection Act;
    (b) Be in a form approved for the purpose by the Director, and
    (c) Embody within it, written or printed terms with respect to the 
particular kind of service, all applicable information required by Sec.  
29.9263. Each certificate may also contain any information, not 
inconsistent with the act and the regulations in this subpart, as may be 
approved or required by the Director. The Director may, in his 
discretion, specify or limit the period in which a certificate shall be 
valid.



Sec.  29.9265  Disposition of certificate.

    Distribution of the Tobacco Classification Certificate shall be 
limited to the provisions of this section. The original certificate and 
one copy shall be delivered or mailed to the applicant or his agent. One 
copy and the copy of the ASCS certificate shall be forwarded by the 
inspector to the Division or office of inspection.



Sec.  29.9266  Changes or alterations.

    No change or alteration shall be made in the weight or other 
identification of a lot on the Tobacco Classification Certificate after 
the certification of class or type, and any such change or alteration 
shall constitute and be construed as a change or alteration in the 
certificate issued or authorized under the act.

                               preclusion



Sec.  29.9281  Preclusion.

    The provisions of this subpart shall not preclude the application of 
other administrative remedies or the institution of criminal proceedings 
in appropriate cases as provided by the act.



  Subpart G_Policy Statement and Regulations Governing Availability of 
 Tobacco Inspection and Price Support Services to Flue-Cured Tobacco on 
                           Designated Markets

    Authority: Tobacco Inspection Act, 49 Stat. 731 (7 U.S.C. 511 et 
seq.); Commodity Credit Corporation Charter Act, 62 Stat. 1070, as 
amended (15 U.S.C. 714 et seq.); sec. 213, Pub. L. 98-180, 97 Stat. 1149 
(7 U.S.C. 1421); 49 Stat. 731 (7 U.S.C. 511 et seq.), unless otherwise 
noted.

    Source: 39 FR 17754, May 20, 1974, unless otherwise noted.



Sec.  29.9401  Definitions.

    As used in this subpart, the following terms shall have the 
following meanings:
    (a) Secretary means the Secretary of Agriculture of the United 
States, or any officer or employee of the Department to whom authority 
has heretofore been delegated or may hereafter be delegated to act in 
his stead.
    (b) Marketing area means a geographical area within the flue-cured 
tobacco production area specified by the Secretary each year on the 
basis of his determination that significant quantities of tobacco 
produced in such area are ready for marketing.
    (c) Resale tobacco means any tobacco offered for sale, or sold, by 
someone other than its producer.
    (d) Nonauction-purchased tobacco means tobacco purchased at other 
than a bona fide auction sale, as defined in 7 CFR 29.1(d), on a 
designated market, as defined in 7 CFR 29.1(e).
    (e) Nonauction-purchased resale tobacco means tobacco being offered 
for sale, or sold, at auction by a person

[[Page 165]]

who purchased it at other than a bona fide auction sale, as defined in 7 
CFR 29.1(d), on a designated market, as defined in 7 CFR 29.1(e).

[39 FR 17754, May 20, 1974, as amended at 40 FR 31592, July 28, 1975]



Sec.  29.9402  Policy statement.

    The sets of inspectors available to serve the flue-cured marketing 
areas are currently adequate to provide inspection service as rapidly as 
tobacco can be purchased, handled and processed by the currently 
existing facilities of the buyers, and the lack of inspection personnel 
is not a limiting factor to accelerated marketings or the extension of 
price support to producers. The sets of buyers assigned to the flue-
cured markets by the buying industry are adequate to purchase tobacco as 
rapidly as it can be handled and processed by the buyers' facilities. 
However, the tobacco ready for marketing during most weeks of the 
marketing season substantially exceeds the quantities which can be 
purchased, handled and processed by the currently existing facilities of 
the buyers. Moreover, the total number of flue-cured markets are 
substantially greater than the number of sets of buyers assigned by the 
buying companies or the number of sets of available inspectors. In this 
situation, about 6 months is required to market a year's crop of flue-
cured tobacco and all warehouses cannot be served at the same time by 
the available sets of inspectors and the sets of buyers assigned by the 
buying companies. As additional sets of inspectors would not relieve the 
situation, inspection service will be provided by assigning the 
available inspectors to the various marketing areas and to warehouses 
within the marketing areas in a manner determined by the Secretary to 
provide the best and most equitable service to all growers.



Sec.  29.9403  Flue-Cured Tobacco Advisory Committee.

    To assist the Secretary in making the apportionment and assignment 
of inspectors, a Flue-Cured Tobacco Advisory Committee, appointed in 
accordance with the Federal Advisory Committee Act (5 U.S.C. appendix 
I), shall advise and recommend to the Secretary marketing area opening 
dates and selling schedules for both designated and undesignated flue-
cured tobacco to be sold in each marketing area and in each warehouse 
within each marketing area.

[39 FR 30475, Aug. 23, 1974, as amended at 49 FR 4067, Feb. 2, 1984; 50 
FR 45806, Nov. 4, 1985; 51 FR 5987, Feb. 19, 1986; 67 FR 61468, Oct. 1, 
2002]



Sec.  29.9404  Marketing area opening dates and marketing schedules.

    (a) The Flue-Cured Tobacco Advisory Committee shall recommend, to 
the Secretary, marketing areas in the flue-cured tobacco production area 
and marketing area opening dates and selling schedules for both 
designated and undesignated tobacco for each marketing area and for the 
individual warehouses in each marketing area, which specify the length 
of time inspectors will be available to inspect designated tobacco and 
undesignated tobacco and/or the quantity of designated or undesignated 
tobacco to be marketed in each area and through each warehouse within 
such marketing area. In developing such opening date and selling 
schedules, the Committee shall take into account the following:
    (1) When a sufficient volume of tobacco produced within a specific 
area of the flue-cured tobacco production area will be ready for 
marketing;
    (2) The volume of tobacco ready for marketing which the producers 
have designated under Sec.  1464.2(e) of this title to be sold at 
specific warehouses and also the volume of tobacco ready for marketing 
which has not been so designated by the producer;
    (3) With regard to undesignated tobacco, the Committee shall first 
determine, on the basis of all information available to it, the volume 
of undesignated tobacco in a geographical area, and then shall provide 
sales opportunity for each warehouse to sell an amount of the 
undesignated tobacco available for sale from that geographical area in 
proportion to the amount of tobacco designated to the warehouse in 
comparison to the total amount of tobacco designated in the marketing 
area in which the warehouse is located. Provided, however, that the

[[Page 166]]

Secretary may authorize additional undesignated sales opportunity if the 
warehouse provided proper proof that it does, in fact, have available 
for sale a volume of tobacco which has not previously been designated 
and which was eligible for designation to that warehouse had the 
producer chosen to designate and that such additional volume of tobacco 
warrants more sales opportunity than allowed by the schedule;
    (4) The processing or redrying capacity of the industry and the 
number of inspectors available to provide inspection service during the 
specific period involved;
    (5) Such other factors or information as may be necessary to develop 
an effective and equitable opening date and selling schedule.
    (b) The Flue-Cured Tobacco Advisory Committee shall thereupon submit 
its recommended opening date and selling schedules for designated and 
undesignated tobacco and the geographic areas to be included in specific 
marketing areas to the Secretary together with a basis supporting its 
recommendations.

[39 FR 17754, May 20, 1974, as amended at 39 FR 30476, Aug. 23, 1974; 40 
FR 24174, June 5, 1975; 40 FR 30917, July 24, 1975]



Sec.  29.9405  Issuance of marketing area opening date and selling 
schedules by the Secretary.

    (a) The Secretary shall review the recommendations of the Flue-Cured 
Tobacco Advisory Committee and based upon such recommendations and the 
basis therefor and such other information as may be available to him, 
shall specify the geographic areas to be encompassed by specific 
marketing areas, set the opening dates for sale within the marketing 
areas and issue the selling schedules for designated and undesignated 
tobacco. The inspection of flue-cured tobacco shall be in accordance 
with said schedules.
    (b) The Flue-Cured Tobacco Advisory Committee shall recommend 
modifications in the opening date and marketing schedule during the 
flue-cured tobacco marketing season as may be warranted by changes in 
marketing conditions and the Secretary shall act thereon in the same 
manner as approving the initial opening date and marketing schedules.

[39 FR 17754, May 20, 1974, as amended at 39 FR 30476, Aug. 23, 1974]



Sec.  29.9406  Failure of warehouse to comply with opening and selling schedule.

    (a) Each warehouse shall comply with opening and selling schedules 
issued by the Secretary for designated and undesignated flue-cured 
tobacco.
    (b) For each of any two consecutive sales days during the marketing 
season a warehouse may exceed its scheduled sales opportunity for 
designated or undesignated tobacco, but the pounds sold during the 
second or third sales day must be adjusted so the warehouse will be back 
in compliance at the end of the third sales day or no tobacco inspection 
or price support services will be made available on the next succeeding 
sales day. Any such adjustment which is within 100 pounds of the 
required reduction shall be considered as in compliance with this 
section. During the closeout period, if a warehouse sells tobacco in 
excess of that allowed by the sales schedule on either of the last two 
sales days of the marketing season, then such excess sales shall be 
deducted from its scheduled sales opportunity on the first, or more, 
sales days of the next marketing season.
    (c) The amount of the poundage adjustment specified in paragraph (b) 
of this section for a warehouse selling in excess of the sales schedule 
shall be as follows:
    (1) If the excess is 5,000 pounds or less of designated producer 
tobacco, the adjustment in producer sales opportunity shall be one pound 
for each pound of excess; sales in excess of 5,000 pounds shall be a 
violation of the sales schedule and the adjustment for the first 
violation shall be 5,000 pounds plus the larger of 3 pounds for each 
pound in excess of 5,000 pounds or 5,000 pounds; for the second 
violation, the adjustment shall be 5,000 pounds plus the larger of 5 
pounds for each pound in excess of 5,000 or 15,000 pounds; and for the 
third and subsequent violations, the adjustment shall be 5,000 pounds 
plus the

[[Page 167]]

larger of 5 pounds for each pound in excess of 5,000 pounds or 50 
percent of a scheduled day's sales opportunity.
    (2) If the excess is 1,000 pounds or less of undesignated producer 
tobacco, the adjustment in producers sales opportunity is one pound for 
each pound of excess; if the excess is larger than 1,000 pounds, the 
adjustment is 1,000 pounds plus the larger of 3 pounds for each pound in 
excess of 1,000 or 2,000 pounds.
    (3) If the excess is designated producer tobacco that is not 
eligible for sale at the warehouse on the day of the sale, the 
adjustment in producers sales opportunity for the first violation is the 
larger of 3 pounds for each pound in excess or 5,000 pounds, and for the 
second and succeeding violations, the larger of 5 pounds for each pound 
in excess or 10,000 pounds.
    (d) If, on any sales day, a warehouse does not sell the full 
quantity of designated or undesignated tobacco authorized to be sold at 
such warehouse, the designated or undesignated sales opportunity at such 
warehouse on the next immediate sales day shall automatically be 
increased by the unsold quantity except that no such increase in sales 
opportunity shall exceed 5,000 pounds for designated tobacco or 500 
pounds for undesignated tobacco.

[46 FR 56156, Nov. 16, 1981, as amended at 65 FR 46087, July 27, 2000]



Sec.  29.9407  Records and reports.

    (a) Each warehouse, on a designated market, shall provide the 
Secretary with any information that is requested on forms provided said 
warehouse by the Secretary.
    (b) Each warehouse shall keep records for a period of two years from 
the opening of the marketing season in which the tobacco is sold, and 
make available to the Secretary such records as are necessary for the 
Secretary to verify the information required by paragraph (a) of this 
section.
    (c) Failure to comply with the requirements of this section 
including but not limited to failure to provide information which is 
accurate, shall result in suspension of tobacco inspection services for 
a minimum of the equivalent of one sales day or until such time as the 
warehouse comes into compliance.

(Approved by the Office of Management and Budget under control number 
0581-0056)

(44 U.S.C. 3506)

[46 FR 56156, Nov. 16, 1981, as amended at 47 FR 745, Jan. 7, 1982]



PART 30_TOBACCO STOCKS AND STANDARDS--Table of Contents



 Classification of Leaf Tobacco Covering Classes, Types, and Groups of 
                                 Grades

Sec.
30.1 Definitions of terms used in classification of leaf tobacco.
30.2 Leaf tobacco.
30.3 Unstemmed.
30.4 Stemmed.
30.5 Class.
30.6 Type.
30.7 Group.
30.8 Scrap.
30.9 Nondescript.
30.10 Cure.
30.11 Flue-cure.
30.12 Fire-cure.
30.13 Air-cure.
30.14 Cigar filler.
30.15 Cigar binder.
30.16 Cigar wrapper.
30.17 Damage.
30.18 Injury.
30.19 Nested.
30.20 Crude.
30.21 Foreign matter.
30.31 Classification of leaf tobacco.
30.36 Class 1; flue-cured types and groups.
30.37 Class 2; fire-cured types and groups.
30.38 Class 3; air-cured types and groups.
30.39 Class 4; cigar-filler types and groups.
30.40 Class 5; cigar-binder types and groups.
30.41 Class 6; cigar-wrapper types and groups.
30.42 Class 7; miscellaneous domestic types.
30.43 Class 8; foreign-grown cigar-leaf types.
30.44 Class 9; foreign-grown types other than cigar-leaf.

                                 Reports

30.60 Reports.

                             Administration

30.61 Administration.

    Authority: 7 U.S.C. 502.

    Source: 39 FR 5300, Feb. 12, 1974, unless otherwise noted.

[[Page 168]]

  Classification of Leaf Tobacco Covering Classes, Types and Groups of 
                                 Grades



Sec.  30.1  Definitions of terms used in classification of leaf tobacco.

    For the purpose of Sec. Sec.  30.1 through 30.44 the terms appearing 
in Sec. Sec.  30.2 through 30.21 shall be construed as explained 
therein.



Sec.  30.2  Leaf tobacco.

    Tobacco in the forms in which it appears between the time it is 
cured and stripped from the stalk, or primed and cured, and the time it 
enters into the different manufacturing processes. The acts of stemming, 
sweating or fermenting, and conditioning are not regarded as 
manufacturing processes. Leaf tobacco does not include any manufactured 
or semimanufactured tobacco, stems which have been removed from leaves, 
cuttings, clippings, trimmings, shorts, or dust.



Sec.  30.3  Unstemmed.

    A form of leaf tobacco consisting of a collection of leaves from 
which the stems or midribs have not been removed, including leaf-scrap.



Sec.  30.4  Stemmed.

    A form of leaf tobacco consisting of a collection of leaves from 
which the stems or midribs have been removed, including strip scrap.



Sec.  30.5  Class.

    One of the major divisions of leaf tobacco based on the distinct 
characteristics of the tobacco caused by differences in varieties, soil 
and climatic conditions, and the methods of cultivation, harvesting, and 
curing.



Sec.  30.6  Type.

    A subdivision of a class of leaf tobacco, having certain common 
characteristics which permit of its being divided into a number of 
related grades. Any tobacco that has the same characteristics and 
corresponding qualities, colors, and lengths, shall be treated as one 
type, regardless of any factors of historical or geographical nature 
which cannot be determined by an examination of the tobacco.



Sec.  30.7  Group.

    A group of grades, or a division of a type covering several closely 
related grades, based on the general quality of the tobacco, including 
the percentage of injury, and other factors. The factors that determine 
the group divisions also largely determine the usage or suitability of 
tobacco for certain purposes.



Sec.  30.8  Scrap.

    A byproduct from handling leaf tobacco in both the unstemmed and 
stemmed forms, consisting of loose and tangled portions of tobacco 
leaves, floor sweepings, and all other tobacco materials (except stems) 
which accumulate in auction and storage warehouses, packing and 
conditioning plants, and stemmeries. Scrap which accumulates from 
handling unstemmed leaf tobacco is known as leaf-scrap, and scrap which 
accumulates from handling stemmed leaf tobacco is known as strip-scrap. 
The scrap group, covering both leaf-scrap and strip-scrap is designated 
by the letter ``S''.



Sec.  30.9  Nondescript.

    Any tobacco of a certain type which cannot be placed in other groups 
of the type, or any nested tobacco, or any muddy or extremely dirty 
tobacco, or any tobacco containing an unusual quantity of foreign 
matter, or any crude tobacco, or any tobacco which is damaged to the 
extent of 20 percent or more, or any tobacco infested with live tobacco 
beetles or other injurious insects, or any wet tobacco, or any tobacco 
that contains fat stems or wet butts. The nondescript group is 
designated by the letter ``N''.

[39 FR 11893, Apr. 1, 1974]



Sec.  30.10  Cure.

    To dry the sap from newly harvested tobacco by either natural or 
artificial process. Proper curing is done under such conditions as will 
permit of the chemical and physiological changes necessary to develop 
the desired quality of color in tobacco.



Sec.  30.11  Flue-cure.

    To cure tobacco under artificial atmospheric conditions by a process 
of

[[Page 169]]

regulating the heat and ventilation without allowing smoke or fumes from 
the fuel to come in contact with the tobacco.



Sec.  30.12  Fire-cure.

    To cure tobacco under artificial atmospheric conditions by the use 
of open fires, the smoke and fumes of which are allowed to come in 
contact with the tobacco.



Sec.  30.13  Air-cure.

    To cure tobacco under natural atmospheric conditions without the use 
of fire, except for the purpose of preventing pole burn (house burn) in 
damp weather.



Sec.  30.14  Cigar filler.

    The tobacco that forms the core or inner part of a cigar. Cigar-
filler tobacco is tobacco of the kind and quality commonly used for 
cigar fillers. Cigar-filler types are those which produce chiefly 
tobacco suitable for cigar-filler purposes.



Sec.  30.15  Cigar binder.

    A portion of a tobacco leaf rolled around the filler of a cigar to 
bind or hold it together and form the first covering. Cigar-binder 
tobacco is tobacco of the kind and quality commonly used for cigar 
binders. Cigar-binder types are those which produce chiefly tobacco 
suitable for cigar-binder purposes.



Sec.  30.16  Cigar wrapper.

    A portion of a tobacco leaf forming the outer covering of a cigar. 
Cigar-wrapper tobacco is tobacco of the kind and quality commonly used 
for cigar wrappers. Cigar-wrapper types are those which produce chiefly 
tobacco suitable for cigar-wrapper purposes.



Sec.  30.17  Damage.

    The effect of mold, must, rot, black rot, or other fungous or 
bacterial diseases which attack tobacco in its cured state. Any tobacco 
having the odor of mold, must, or rot shall be included in damaged 
tobacco. (Note distinction between ``damage'' and ``injury.'')



Sec.  30.18  Injury.

    Hurt or impairment from any cause except the fungous or bacterial 
diseases which attack tobacco in its cured state. Injured tobacco shall 
include any dead, burnt, or ragged tobacco; or tobacco that has been 
torn or broken, frozen or frosted, sunburned or scalded, scorched or 
fire-killed, bulk-burnt or stem-burnt, pole burnt or house burnt, 
bleached or bruised; or tobacco containing discolored or deformed 
leaves; or tobacco hurt by insects; or tobacco affected by wild-fire, 
black fire, rust, frogeye, mosaic, frenching, sanddrown, or other field 
diseases.



Sec.  30.19  Nested.

    Any lot of tobacco which has been so handled or packed as to conceal 
damaged, injured, tangled, or inferior tobacco, or foreign matter.



Sec.  30.20  Crude.

    A subdegree of maturity, crude leaves usually have the general 
appearance of being raw and unfinished as a result of extreme 
immaturity. Crude tobacco ordinarily has a characteristic green color.



Sec.  30.21  Foreign matter.

    Any substance or material extraneous to tobacco leaves, such as 
dirt, sand, stalks, suckers, straws, and strings.



Sec.  30.31  Classification of leaf tobacco.

    For the purpose of this classification leaf tobacco shall be divided 
into the following classes:

Class 1. Flue-cured types.
Class 2. Fire-cured types.
Class 3.\1\ Air-cured types.
Class 4. Cigar-filler types.
Class 5. Cigar-binder types.
Class 6. Cigar-wrapper types.
Class 7. Miscellaneous domestic types.
Class 8. Foreign-grown cigar-leaf types.
Class 9. Foreign-grown types, other than cigar types.
    \1\ Class 3 covers Air-cured tobacco other than cigar leaf. This 
class may be subdivided as follows: Class 3a, Light Air-cured tobacco, 
including types 31 and 32, and Class 3b, Dark Air-cured tobacco, 
including types 35, 36, and 37.


For the purpose of this classification the classes shall be divided into 
the types and groups set forth in Sec. Sec.  30.36 through 30.44.

[[Page 170]]



Sec.  30.36  Class 1; flue-cured types and groups.

    All flue-cured tobacco is graded under the same set of Official 
Standard Grades for Flue-cured Tobacco (U.S. Types 11, 12, 13, and 14). 
Flue-cured types are defined according to established general 
geographical areas of production. However, the determination as to type 
designations are based upon and indicate the geographic location where 
inspection and certification are performed--and do not necessarily 
identify the production area in which the tobacco was grown.
    (a) Type 11a. That type of flue-cured tobacco commonly known as 
Western Flue-cured or Old Belt Flue-cured, produced principally in the 
Piedmont sections of Virginia and North Carolina.
    (b) Type 11b. That type of flue-cured tobacco commonly known as 
Middle Belt Flue-cured, produced principally in a section lying between 
the Piedmont and coastal plains regions of Virginia and North Carolina.
    (c) Type 12. That type of flue-cured tobacco commonly known as 
Eastern Flue-cured or Eastern Carolina Flue-cured, produced principally 
in the coastal plains section of North Carolina, north of the South 
River.
    (d) Type 13. That type of flue-cured tobacco commonly known as 
Southeastern Flue-cured or South Carolina Flue-cured, produced 
principally in the coastal plains section of South Carolina and the 
southeastern counties of North Carolina, south of the South River.
    (e) Type 14. That type of flue-cured tobacco commonly known as 
Southern Flue-cured, produced principally in the southern section of 
Georgia, in northern Florida, and to some extent, in Alabama.

    Groups applicable to types 11, 12, 13, and 14:
A--Wrappers.
B--Leaf.
H--Smoking Leaf.
C--Cutters.
X--Lugs.
P--Primings.
N--Nondescript, as defined.
S--Scrap, as defined.



Sec.  30.37  Class 2; fire-cured types and groups.

    (a) Type 21. That kind of fire-cured tobacco commonly known as 
Virginia Fire-cured, or Dark-fired, produced principally in the Piedmont 
and mountain sections of Virginia.
    (b) Type 22. That type of fire-cured tobacco, known as Eastern 
District Fire-cured, produced principally in a section east of the 
Tennessee River in southern Kentucky and northern Tennessee.
    (c) Type 23. That type of fire-cured tobacco, known as Western 
District Fire-cured or Dark-fired, produced principally in a section 
west of the Tennessee River in Kentucky and extending into Tennessee.

    Groups applicable to types 21, 22, and 23:
A--Wrappers.
B--Heavy Leaf.
C--Thin Leaf.
X--Lugs.
N--Nondescript, as defined.
S--Scrap, as defined.



Sec.  30.38  Class 3; air-cured types and groups.

    (a) Type 31. That type of air-cured tobacco, commonly known as 
Burley, produced principally in Kentucky, Tennessee, Virginia, North 
Carolina, Ohio, Indiana, West Virginia, and Missouri.

    Groups applicable to type 31:
X--Flyings.
C--Lugs or Cutters.
B--Leaf.
T--Tips.
M--Mixed.
N--Nondescript, as defined.
S--Scrap, as defined.
    (b) Type 31-V. Notwithstanding the definitions of ``Type'' and 
``Type 31'', any tobacco having the general visual characteristics of 
quality, color, and length of Class 3, Type 31, air-cured tobacco, but 
which is a low-nicotine strain or variety, produced and to be marketed 
under such restrictions or controls as shall be specified by the 
Director of the Tobacco Division, Agricultural Marketing Service, United 
States Department of Agriculture, and which in its cured state is found 
by an authorized representative of the Department to have a nicotine 
content of not more than eight-tenths of one percent (\8/10\ of 1%), 
oven dry weight, shall not be classified as Type 31 but shall be

[[Page 171]]

classified and designated upon certification by the Department as Type 
31-V. No groups are established for Type 31-V.
    (c) Restrictions and controls relating to the production and 
marketing of Type 31-V tobacco as a prerequisite to the classification 
and certification of such tobacco--(1) Declaration of seed or seedlings. 
Tobacco shall be produced from seed or seedlings declared to be a 
suitable low-nicotine strain or variety for the production of Type 31-V, 
by an agency or agencies designated by the Director of the Tobacco 
Division, Agricultural Marketing Service, U.S. Department of 
Agriculture.
    (2) Production under contract. Type 31-V tobacco shall be grown 
under contract with a dealer in tobacco or a manufacturer of tobacco 
products. In addition to any other provisions not inconsistent herewith, 
the contract shall provide that:
    (i) The dealer or manufacturer shall furnish to the grower seed or 
seedlings declared therefor as provided in paragraph (c)(1) of this 
section.
    (ii) The grower shall deliver to the dealer or manufacturer all 
tobacco produced from such seed or seedlings;
    (iii) The grower shall produce not in excess of the number of acres 
of low-nicotine tobacco specified in the contract;
    (iv) The grower shall establish clear lines of demarcation between 
the low-nicotine tobacco and any other type of tobacco grown on the 
farm; and
    (v) The low-nicotine tobacco shall be housed and handled separately 
and shall not be commingled with any other type of tobacco: Provided, 
That this provision shall not prohibit the housing of low-nicotine and 
other types of tobacco in the same curing barn so long as the low-
nicotine tobacco is clearly identified and is not commingled with any 
other type of tobacco.
    (3) Filing of copy of contract. A copy of each contract referred to 
in paragraph (c)(2) of this section shall be filed by the dealer or 
manufacturer with the Director, Tobacco Division, Agricultural Marketing 
Service, U.S. Department of Agriculture, Washington, DC 20250, by May 1 
of each year.
    (4) Restrictions on sale and marketing. The low-nicotine tobacco 
shall not be offered for sale, sold, marketed, or otherwise disposed of 
unless such tobacco is clearly represented and identified as being low-
nicotine tobacco: Provided, That this restriction shall not apply to 
products manufactured from such tobacco.
    (5) Nicotine content. The nicotine content of the tobacco in its 
cured state, based on an official sample drawn and selected as being 
representative of the whole production from the acreage of low-nicotine 
tobacco planted under said contract by the same grower during the same 
calendar year, shall not be more than eight-tenths of one percent (\8/
10\ of 1%) oven dry weight.
    (6) Furnishing of information. Each dealer or manufacturer and each 
grower shall, from time to time, furnish to the Director of the Tobacco 
Division, such information as shall be requested relating to his 
production, stocks, and disposition of low-nicotine tobacco.
    (7) Prohibitions relating to seed and plants. No seed shall be saved 
or harvested from the tobacco produced under a contract referred to in 
paragraph (d)(2) of this section. No grower to whom seed or seedlings is 
furnished pursuant to paragraph (d)(2)(i) of this section shall deliver 
or transfer any such seed or any plant produced therefrom to any other 
person.
    (8) Designation of seed or seedlings declaring agencies. The 
Kentucky Agricultural Experiment Station, Lexington, Kentucky, is 
designated as an agency for the declaration of seed or seedlings 
pursuant to paragraph (d)(1) of this section.
    (9) Definitions. For the purposes of the restrictions and controls 
hereinbefore set forth a ``dealer'' or a ``manufacturer'' shall be a 
dealer in tobacco or a manufacturer of tobacco products.
    (d) Type 32. That type of air-cured tobacco commonly known as 
Southern Maryland tobacco or Maryland Air-cured, and produced 
principally in southern Maryland. (Upper Country Maryland is classed as 
``miscellaneous domestic.'')

    Groups applicable to type 32:
X--Seconds.
C--Bright-crop or Thin-crop.
B--Dull-crop or Heavy-crop.
T--Tips.
N--Nondescript, as defined.
S--Scrap, as defined.

[[Page 172]]

    (e) Type 35. That type of air-cured tobacco commonly known as One 
Sucker Air-cured, Kentucky-Tennessee-Indiana One Sucker, or Dark Air-
cured One Sucker, including the upper Cumberland District One Sucker, 
and produced principally in northern Tennessee, south central Kentucky, 
and southern Indiana.
    (f) Type 36. That type of air-cured tobacco commonly known as Green 
River, Green River Air-cured, or Dark Air-cured of the Henderson and 
Owensboro Districts, and produced principally in the Green River section 
of Kentucky.
    (g) Type 37. That type of air-cured or sun-cured tobacco commonly 
known as Virginia Sun-cured, Virginia Sun and Air-cured, or Dark Air-
cured of Virginia, and produced principally in the central section of 
Virginia north of the James River.

    Groups applicable to types 35, 36, and 37:
A--Wrappers.
B--Heavy Leaf.
C--Thin Leaf.
T--Tips.
X--Lugs.
N--Nondescript, as defined.
S--Scrap, as defined.



Sec.  30.39  Class 4; cigar-filler types and groups.

    (a) Type 41. That type of cigar-leaf tobacco commonly known as 
Pennsylvania Seedleaf or Pennsylvania Broadleaf, produced principally in 
Lancaster County, Pennsylvania, and adjoining counties and including 
other areas of Pennsylvania and Maryland in which the seedleaf variety 
is grown.

    Groups applicable to type 41:
C--Stripper.
X--Straight Stripped.
Y--Farm Filler.
N--Nondescript, as defined.

    (b) Type 42. That type of cigar-leaf tobacco commonly known as 
Gebhardt, Ohio Seedleaf, or Ohio Broadleaf, produced principally in the 
Miami Valley Section of Ohio and extending into Indiana.
    (c) Type 43. That type of cigar-leaf tobacco commonly known as 
Zimmer, Spanish, or Zimmer Spanish, produced principally in the Miami 
Valley Section of Ohio and extending into Indiana.
    (d) Type 44. That type of cigar-leaf tobacco commonly known as 
Dutch, Shoestring Dutch, or Little Dutch, produced principally in the 
Miami Valley Section of Ohio.

    Groups applicable to types 42, 43, and 44:
X--Straight Stripped.
N--Nondescript, as defined.

    (e) Type 46. That type of cigar-leaf tobacco commonly known as 
Puerto Rican Filler, produced principally in the inland and semicoastal 
areas of Puerto Rico.

    Groups applicable to type 46:
C--Strippers.
X--Grinders.
N--Nondescript, as defined.
S--Scrap, as defined.



Sec.  30.40  Class 5; cigar-binder types and groups.

    (a) Type 51. That type of cigar-leaf tobacco commonly known as 
Connecticut Valley Broadleaf or Connecticut Broadleaf, produced 
principally in the Connecticut River Valley.
    (b) Type 52. That type of cigar-leaf tobacco commonly known as 
Connecticut Valley Havana Seed or Havana Seed of Connecticut and 
Massachusetts, produced principally in the Connecticut River Valley.

    Groups applicable to types 51 and 52:
B--Binder.
X--Nonbinder.
N--Nondescript, as defined.
S--Scrap, as defined.

    (c) Type 53. That type of cigar-leaf tobacco commonly known as York 
State or Havana Seed of New York, and Pennsylvania, produced principally 
in the Big Flats and Onondaga sections of New York State, and extending 
into Pennsylvania.
    (d) Type 54. That type of cigar-leaf tobacco commonly known as 
Southern Wisconsin Cigar-leaf or Southern Wisconsin Binder-type, 
produced principally south and east of the Wisconsin River.
    (e) Type 55. That type of cigar-leaf tobacco commonly known as 
Northern Wisconsin Cigar-leaf or Northern Wisconsin Binder-type, 
produced principally north and west of the Wisconsin River and extending 
into Minnesota.

    Groups applicable to types 53, 54, and 55:
B--Binder.

[[Page 173]]

C--Stripper.
X--Straight Stripped.
Y--Farm Filler.
N--Nondescript, as defined.
S--Scrap, as defined.



Sec.  30.41  Class 6; cigar-wrapper types and groups.

    (a) Type 61. That type of shade-grown tobacco known as Connecticut 
Valley Shade-grown, produced principally in the Connecticut Valley 
section of Connecticut and Massachusetts.
    (b) Type 62. That type of shade-grown tobacco known as Georgia and 
Florida Shade-grown, produced principally in southwestern Georgia and in 
the central part of northern Florida.

    Groups applicable to types 61 and 62:
A--Wrappers.
S--Stained.
X--Brokes.
N--Nondescript, as defined.



Sec.  30.42  Class 7; miscellaneous domestic types.

    No group divisions are established for any of the types in Class 7. 
Notwithstanding the definitions of ``Class,'' ``Type,'' ``Type 11,'' 
``Type 12,'' ``Type 13,'' and ``Type 14,'' any tobacco having the 
general visual characteristics of quality, color and length of the types 
and groups contained in Class 1, flue-cured tobacco, but which is a 
strain or variety found in its cured state by an authorized 
representative of the Department to have a nicotine content of not more 
than eight-tenths of one per cent (\8/10\ of 1%), oven dry weight, shall 
be designated upon certification by the Department as Class 7: Provided, 
That for the purpose of establishing and maintaining the identity of 
such tobacco, it shall not be sold or offered for sale through customary 
marketing channels for Class 1, flue-cured tobacco; and it shall be 
identified in accordance with instructions issued by the Tobacco 
Division, Agricultural Marketing Service, U.S. Department of 
Agriculture, covering certification of seed or seedlings, contracts for 
production, designation and demarcation of fields in which grown, 
maintenance of separate identity of such tobacco from other tobacco, 
furnishing of samples and furnishing of such information as may be 
requested relating to production, stocks, and disposition of such 
tobacco. For tobacco stocks reporting purposes, all miscellaneous 
domestic tobacco shall be designated as follows:
    (a) Type 72. That type of tobacco commonly known as Louisiana 
Perique, or Perique, produced principally in St. James Parish located in 
southeastern Louisiana.
    (b) Type 73. All domestic-grown tobacco not otherwise classified, 
including tobacco cured in the same manner as Class 1, flue-cured 
tobacco, but having a nicotine content of not more than eight-tenths of 
one percent (\8/10\ of 1%), oven dry weight. Also included in the 
miscellaneous types are such types as Ohio Flue-cured and Fire-cured 
(known as Eastern Ohio), Upper Country Maryland, California, Turkish, 
and Virginia One-sucker, and the production of the insular possessions 
of the United States not otherwise classified.



Sec.  30.43  Class 8; Foreign-grown cigar-leaf types.

    No group divisions are established for any of the types in Class 8. 
Type designations for Class 8 tobacco are based on the utilization of 
the leaf in the manufacture of cigars with no reference to physical 
characteristics. For tobacco stocks reporting purposes Foreign-grown 
cigar leaf shall be designated as follows:
    (a) Type 81. Foreign-grown cigar wrapper.
    (b) Type 82. Foreign-grown cigar filler.
    (c) Type 83. Foreign-grown cigar binder.
    (d) Type 89. Other Foreign-grown cigar leaf

[56 FR 25613, June 5, 1991]



Sec.  30.44  Class 9; foreign-grown types other than cigar leaf.

    No group divisions are established for any of the types in Class 9. 
Type designations for class 9 are based on (a) utilization, (b) curing 
method, or both, with no reference to physical characteristics. For 
tobacco stocks reporting purposes, all foreign-grown tobacco other than 
cigar leaf shall be designated as follows:
    (a) Type 91. Foreign grown tobacco commonly known a soriental or 
aromatic, used principally in blends of cigarette and pipe tobacco.

[[Page 174]]

    (b) Type 92. Foreign-grown flue-cured tobacco.
    (c) Type 93. Foreign-cured burley tobacco.
    (d) Type 95. Foreign-grown dark air-cured.
    (e) Type 96. Foreign-grown fire-cured.
    (f) Type 99. Other Foreign-grown cigarette and dark tobacco.

[39 FR 5300, Feb. 12, 1979, as amended at 56 FR 25614, June 5, 1991]

                                 Reports



Sec.  30.60  Reports.

    Within fifteen (15) days after January 1, April 1, July 1, and 
October 1 of each year, all manufacturers, dealers, grower cooperative 
associations, owners or agents, other than the original grower of the 
tobacco and manufacturers who produced less than 185,000 cigars, or 
750,000 cigarettes or 35,000 pounds of manufactured tobacco during the 
first three quarters of the preceding calendar year, shall complete and 
mail to the Director, Tobacco Division, Agricultural Marketing Service, 
U.S. Department of Agriculture, Washington, DC 20250, in the detail 
required on forms available from him, reports showing the following 
information as to leaf tobacco in leaf and sheet form:
    (a) Tobacco in leaf form. The pounds of tobacco in leaf form or 
stems owned on the first day of the applicable quarter, with all stocks 
reported by types of tobacco and whether stemmed or unstemmed.
    (b) Tobacco in sheet form. The pounds of tobacco sheet owned on the 
first day of the applicable quarter shall be segregated as to whether 
for cigar wrapper, cigar binder, for cigarettes, or for other products.

[39 FR 5300, Feb. 12, 1979, as amended at 56 FR 25614, June 5, 1991]

                             Administration



Sec.  30.61  Administration.

    The Director, Tobacco Division, Agricultural Marketing Service, U.S. 
Department of Agriculture, Washington, DC 20250, is charged with the 
supervision of the Division and the performance of all duties assigned 
thereto in the administration of the Tobacco Stocks and Standards Act. 
The conduct of all services, classification of leaf tobacco, or 
employment of inspection/grading/sampling personnel under these 
regulations shall be accomplished without discrimination as to race, 
color, religion, sex, or national origin. Information concerning such 
administration may be obtained from the Director.



PART 31_PURCHASE OF WOOL AND WOOL TOP SAMPLES--Table of Contents



Sec.
31.400 Samples for wool and wool top grades; method of obtaining.
31.401 Cost of samples for wool grades.
31.402 Cost of samples for wool top grades.

    Authority: 7 U.S.C. 1621-1627.

    Source: 62 FR 43438, Aug. 13, 1997, unless otherwise noted.



Sec.  31.400  Samples for wool and wool top grades; method of obtaining.

    Samples certified as representative of the official standards of the 
United States for grades of wool and wool top will be furnished as 
follows, subject to other conditions of this section, upon filing of an 
approved application and prepayment of costs thereof as fixed in 
Sec. Sec.  31.401 and 31.402. The certification will be issued by the 
United States Department of Agriculture and will be signed by the 
Director of the Livestock Division or other duly authorized official.
    (a) Samples representative of each of the standard grades of wool:
    (1) Complete set: Grades 80's through 36's. Fourteen samples, each 
of approximately \1/8\ pound grease wool, or
    (2) Individual sample: Individual samples of approximately \1/8\ 
pound of grease wool.
    (b) Samples representative of each of the standard grades of wool 
top:
    (1) Complete set: Grades 80's through 36's. Fourteen samples, each 
of approximately 3 ounces wool top, or
    (2) Individual sample: Individual samples of approximately 3 ounces 
of wool top, representing a standard grade.
    (c) Each application for standard samples of wool or wool top shall 
be upon an application form furnished or approved by the Agricultural 
Marketing Service, shall be signed by the applicant, and shall be 
accompanied by

[[Page 175]]

certified check, draft, post office money order, or express money order, 
payable to the ``Agricultural Marketing Service,'' in an amount to cover 
the cost of the samples requested, and shall incorporate the following 
agreement:
    (1) That no samples representative of the official wool or wool top 
standards shall be considered or used as representing such standards 
after cancellation in accordance with this section.
    (2) That the said standard samples shall be subject to inspection by 
the Secretary or by any duly authorized officer or agent of the 
Department of Agriculture during usual business hours of the person 
having custody of the samples.
    (3) That the certificate covering any of the samples representative 
of the standards may be revoked and canceled by the Director of the 
Livestock Division if it is found upon such inspection that the said 
samples are not representative of the official standards.

    Note to Sec.  31.400: A sample consists of wool randomly selected 
from a bulk sample. The measured average and standard deviation of fiber 
diameter of the bulk sample are within the limits corresponding to the 
grade of the standard sample as set forth in the voluntary U.S. grade 
standards. Copies of the voluntary U.S. grade standards can be obtained 
from Director, Livestock and Seed Division, Agricultural Marketing 
Service, U.S. Department of Agriculture, P.O. Box 96456, Washington, DC 
20090-6456.



Sec.  31.401  Cost of samples for wool grades.

    (a) Complete set: $22 each, delivered to any destination within the 
United States and $24 each, delivered to any destination outside the 
United States.
    (b) Individual sample: $2 each, delivered to any destination within 
the United States and $2.50 each, delivered to any destination outside 
the United States.



Sec.  31.402  Cost of samples for wool top grades.

    (a) Complete set: $42 each, delivered to any destination within the 
United States and $44 each, delivered to any destination outside the 
United States.
    (b) Individual sample: $3 each, delivered to any destination within 
the United States and $3.50 each, delivered to any destination outside 
the United States.



PART 32_PURCHASE OF GREASE MOHAIR AND MOHAIR TOP SAMPLES--Table of Contents



Sec.
32.400 Samples of grease mohair grades; method of obtaining.
32.401 Cost of samples for grease mohair grades.
32.402 Samples of mohair top grades; method of obtaining.
32.403 Cost of samples for mohair top grades.

    Authority: 7 U.S.C. 1621-1627.

    Source: 62 FR 43439, Aug. 13, 1997, unless otherwise noted.



Sec.  32.400  Samples of grease mohair grades; method of obtaining.

    Samples certified as representative of the official standards of the 
United States for grades of grease mohair will be furnished as follows, 
subject to other conditions of this section, upon filing of an approved 
application and prepayment of the costs thereof as fixed in Sec.  
32.401. The certification will be issued by the U.S. Department of 
Agriculture and will be signed by the Director of the Livestock Division 
or other duly authorized official.
    (a) Samples representative of each of the standard grades of grease 
mohair:
    (1) Complete set. Ten certified samples of grease mohair, grades 40s 
through 18s.
    (2) Individual sample. Individual certified samples of grease 
mohair.
    (b) Each application for standard samples of grease mohair shall be 
upon an application form furnished or approved by the Consumer and 
Marketing Service, shall be signed by the applicant, and shall be 
accompanied by certified check, draft, post office money order, or 
express money order, payable to the ``Agricultural Marketing Service,'' 
in an amount to cover the cost of the samples requested, and shall 
incorporate the following agreement.
    (1) That no samples representative of the official grease mohair 
standards

[[Page 176]]

shall be considered or used as representing such standards after 
cancellation in accordance with this section.
    (2) That the said standard samples shall be subject to inspection by 
the Secretary or by any duly authorized officer or agent of the 
Department of Agriculture during usual business hours of the person 
having custody of the samples.
    (3) That the certificate covering any of the samples representative 
of the standards may be revoked and canceled by the Director of the 
Livestock Division, if it is found upon such inspection that the said 
samples are not representative of the official standards.

    Note to Sec.  32.400: A certified sample consists of grease mohair 
randomly selected from a bulk sample. The measured average and standard 
deviation of fiber diameter of bulk sample were within the limits 
corresponding to the grade of the standard sample as set forth in the 
voluntary U.S. grade standards. Copies of the voluntary U.S. grade 
standards can be obtained from Director, Livestock and Seed Division, 
Agricultural Marketing Service, U.S. Department of Agriculture, P.O. Box 
96456, Washington, DC 20090-6456.



Sec.  32.401  Cost of samples for grease mohair grades.

    (a) Complete set. $22 each, delivered to any destination with the 
United States and $25 each, delivered to any destination outside the 
United States.
    (b) Individual sample. $2.50 each, delivered to any destination 
within the United States, and $3 each, delivered to any destination 
outside the United States.



Sec.  32.402  Samples of mohair top grades; method of obtaining.

    Samples certified as representative of the official standards of the 
United States of grades of mohair top will be furnished when available 
as follows, subject to other conditions for this section, upon filing of 
an approved application and prepayment of the cost thereof as fixed in 
Sec.  32.403. The certification will be issued by the U.S. Department of 
Agriculture and will be signed by the Director of the Livestock Division 
or other official duly authorized by him.
    (a) Samples representative of the official grades of mohair top:
    (1) Complete set. Nine certified samples of mohair top, grades 40s 
through 20s.
    (2) Individual sample. Individual certified samples of mohair top, 
grades 40s through 20s.
    (b) Each application for standard samples of mohair top shall be 
upon an application form furnished or approved by the Agricultural 
Marketing Service, shall be signed by the applicant, and shall be 
accompanied by certified check, draft, postal money order, or express 
money order, payable to the ``Agricultural Marketing Service,'' in an 
amount to cover the cost of the samples requested and shall incorporate 
the following agreement:
    (1) That no samples representative of the official mohair top 
standards shall be considered or used as representing such standards 
after cancellation in accordance with this section.
    (2) That the said standard samples shall be subject to inspection by 
the Secretary or by any duly authorized officer or agent of the 
Department of Agriculture during usual business hours of the person 
having custody of the samples.
    (3) That the certificate covering any of the samples representative 
of the standards may be revoked and canceled by the Director of the 
Livestock Division, if it is found upon such inspection that the said 
samples are not representative of the official standards.



Sec.  32.403  Cost of samples for mohair top grades.

    (a) Complete set. Twenty-seven dollars each, delivered to any 
destination within the United States and $30 each, delivered to any 
destination outside the United States.
    (b) Individual sample. Three dollars each, delivered to any 
destination within the United States, and $3.50 each, delivered to any 
destination outside the United States.



PART 33_REGULATIONS ISSUED UNDER AUTHORITY OF THE EXPORT APPLE 
ACT--Table of Contents



                               Definitions

Sec.
33.1 Act.
33.2 Person.

[[Page 177]]

33.3 Secretary.
33.4 Carrier.
33.5 Apples.
33.6 Package.
33.7 Less than carload lot.
33.8 Bulk container.

                               Regulations

33.10 Minimum requirements.
33.11 Inspection and certification.

                               Exemptions

33.12 Apples not subject to regulations.

                        Withholding Certificates

33.13 Notice.
33.14 Opportunity for hearing.
33.15 Suspension of inspection.
33.16 Service of notice or order.

                           Interpretive Rules

33.50 Apples for processing.
33.60 OMB control number assigned pursuant to the Paperwork Reduction 
          Act.

    Authority: Sec. 7, 48 Stat. 124; 7 U.S.C. 587.

    Source: 71 FR 70644, Dec. 6, 2006, unless otherwise noted.

                               Definitions



Sec.  33.1  Act.

    Act and Export Apple Act are synonymous and mean ``An act to promote 
the foreign trade of the United States in apples to protect the 
reputation of American-grown apples in foreign markets, to prevent 
deception or misrepresentation as to the quality of such products moving 
to foreign commerce, to provide for the commercial inspection of such 
products entering such commerce, and for other purposes,'' approved June 
10, 1933 (48 Stat. 123; 7 U.S.C. 581 et seq.), and amended November 12, 
1999 (113 Stat. 1321; 7 U.S.C. 581 et seq.).



Sec.  33.2  Person.

    Person means an individual, partnership, association, corporation, 
or any other business unit.



Sec.  33.3  Secretary.

    Secretary means the Secretary of Agriculture of the United States or 
any officer or employee of the United States Department of Agriculture 
to whom authority has heretofore been delegated or to whom authority may 
hereafter be delegated to act in his stead.



Sec.  33.4  Carrier.

    Carrier means any common or private carrier, including, but not 
limited to trucks, railroads, airplanes, vessels, tramp or chartered 
steamers whether carrying for hire or otherwise.



Sec.  33.5  Apples.

    Apples mean fresh whole apples in packages whether or not they have 
been in storage.



Sec.  33.6  Package.

    Package means any container of apples.



Sec.  33.7  Less than carload lot.

    Less than carload lot means a quantity of apples in packages not 
exceeding 20,000 pounds gross weight or 400 standard boxes or 
equivalent.



Sec.  33.8  Bulk container.

    Bulk container means a container that contains a quantity of apples 
weighing more than 100 pounds.

[79 FR 18766, Apr. 4, 2014]

                               Regulations



Sec.  33.10  Minimum requirements.

    No person shall ship, or offer for shipment, and no carrier shall 
transport, or receive for transportation, any shipment of apples to any 
foreign destination unless:
    (a) Apples grade at least U.S. No. 1 or U.S. No. 1 Early: Provided, 
That apples for export to Pacific ports of Russia shall grade at least 
U.S. Utility or U.S. No. 1 Hail for hail-damaged apples, as specified in 
the United States Standards for Apples (Sections 51.300-51.323 of this 
chapter): Provided further, That apples for export to any foreign 
destination do not contain apple maggot, and do not have more than 2 
percent, by count, of apples with apple maggot injury, nor more than 2 
percent, by count, of apples infested with San Jose scale or scale of 
similar appearance;
    (b) Decay, scald or any other deterioration which may have developed 
on apples after they have been in storage

[[Page 178]]

or transit shall be considered as affecting condition and not the grade.
    (c) Each package of apples is packed so that the apples in the top 
layer shall be reasonably representative in size, color, and quality of 
the contents of the package; and
    (d) Each package of apples is marked plainly and conspicuously with:
    (1) The name and address of the grower, packer, or domestic 
distributor: Provided, That the name of the foreign distributor may be 
placed on consumer unit packages shipped in a master container if such 
master container is marked with the name and address of the grower, 
packer, or domestic distributor;
    (2) The variety of the apples;
    (3) The name of the U.S. grade or the name of a state grade if the 
fruit meets each minimum requirement of a U.S. grade specified in this 
section.



Sec.  33.11  Inspection and certification.

    (a) Each person shipping, or offering for shipment, apples to any 
foreign destination shall cause them to be inspected by the Federal or 
Federal-State Inspection Service in accordance with regulations 
governing the inspection and certification of fresh fruits, and 
vegetables and other products (part 51 of this chapter) and certified as 
meeting the requirements of the Act and this part. No carrier shall 
transport, or receive for transportation, apples to any foreign 
destination unless they have been so inspected and certified. Inspection 
and certification may be obtained at any time prior to exportation of 
the apples. Such a Federal or Federal-State certificate shall be 
designated as an ``Export Form Certificate'' and shall include the 
following statement: ``Meets requirements of Export Apple Act.'' The 
shipper shall deliver a copy of the Export Form Certificate or 
Memorandum of Inspection to the export carrier. Whenever apples are 
inspected and certified at any other point other than the port of 
exportation, the shipper shall deliver a copy of the Export Form 
Certificate or Memorandum of Inspection to the agent of the first 
carrier that thereafter transports such apples and such agent shall 
deliver such copy to the proper official of the carrier on which the 
apples, covered by such certificate or memorandum, are to be exported. A 
copy of the Export Form Certificate or Memorandum of Inspection shall be 
filed by the export carrier for a period of not less than three (3) 
years after date of export.
    (b) If the inspector has reason to believe that samples of a lot of 
apples have been obtained for a determination as to compliance with 
tolerance for spray residue, established under the Federal Food, Drug 
and Cosmetic Act, as amended (52 Stat. 1040; U.S.C. 301 et seq.), he 
shall not issue a certificate on the lot unless it complies with such 
tolerances.

                               Exemptions



Sec.  33.12  Apples not subject to regulation.

    Except as otherwise provided in this section, any person may, 
without regard to the provisions of this part, ship or offer for 
shipment, and any carrier may, without regard to the provisions of this 
part, transport or receive for transportation to any foreign 
destination:
    (a) A quantity of apples to any foreign country not exceeding a 
total of 5,000 pounds gross weight or 100 boxes of apples packed in 
standard boxes on a single conveyance:
    (b) Apples to Pacific ports west of the International Date Line 
which do not meet maturity standards of the grade specified in Sec.  
33.10, if the packages are conspicuously marked or printed with the 
words ``Immature Fruit;'' (in letters at least two inches high) if 
inspected and certified as meeting all other requirements of Sec. Sec.  
33.10 and 33.11.
    (c) Apples for processing which do not meet the grade standards 
specified in Sec.  33.10, if such apples grade at least U.S. No. 1 as 
specified in U.S. Standards for Apples for Processing (Sec. Sec.  51.340 
to 51.344 of this chapter), and if the containers are conspicuously 
marked ``Cannery'' (in letters at least two inches high) if inspected 
and certified as meeting all other requirements of Sec. Sec.  33.10 and 
33.11.
    (d) Apples shipped to Canada in bulk containers.

[71 FR 70644, Dec. 6, 2006, as amended at 79 FR 18766, Apr. 4, 2014]

[[Page 179]]

                        Withholding Certificates



Sec.  33.13  Notice.

    If the Secretary is considering withholding the issuance of 
certificates under the Act for a period of not exceeding 90 days to any 
person who ships, or offers for shipment, apples to any foreign 
destination in violation of any provisions of the Act or this part, he 
or she shall cause notice to be given to the person accused of the 
nature of the charges against him or her and of the specific instances 
in which violation of the Act or the regulations in this part is 
charged.



Sec.  33.14  Opportunity for hearing.

    The person accused shall be entitled to a hearing, provided he or 
she makes written requests therefore and files a written responsive 
answer to the charges made not later than 10 days after service of such 
notice on him or her. The right to hearing shall be restricted to 
matters in issue. At such hearing, he or she shall have the right to be 
present in person or by counsel and to submit evidence and argument in 
his or her behalf. Failure to request a hearing within the specified 
time or failure to appear at the hearing when scheduled shall be deemed 
a waiver of the right to hearing. Such person may, in lieu of requesting 
an oral hearing, file a sworn written statement with the Secretary not 
later than 10 days after service of such notice upon him or her.



Sec.  33.15  Suspension of inspection.

    Any order to withhold the issuance of a certificate, as provided in 
section 6 of the Act, will be effective from the date specified in the 
order but no earlier than the date of its service upon the person found 
to have been guilty. Such order will state the inclusive dates during 
which it is to remain in effect, and during this period no inspector 
employed or licensed by the Secretary shall issue any Export Form 
Certificate or Memorandum of Inspection to such person.



Sec.  33.16  Service of notice or order.

    Service of any notice or order required by the Act or prescribed by 
the regulations in this part shall be deemed sufficient if made 
personally upon the person served, by registered mail, or by leaving a 
copy of such notice or order with an employee or agent at such person's 
usual place of business or abode or with any member of his immediate 
family at his or her place of abode. If the person named is a 
partnership, association, or corporation, service may similarly be made 
by service on any member of the partnership or any officer, employee, or 
agent of the association or corporation.

                           Interpretive Rules



Sec.  33.50  Apples for processing.

    The terms ``apples for processing'' as used in Sec.  33.12 of this 
part apply only and is restricted to packages of apples which were 
originally packaged for processing and marked ``Cannery'' as required by 
Sec.  33.12(c) of this part. Packages of apples not so originally 
packaged and marked are not eligible for certification as ``apples for 
processing'' for purposes of this part.



Sec.  33.60  OMB control number assigned pursuant to the Paperwork 
Reduction Act.

  The OMB control number assigned pursuant to the Paperwork Reduction 
Act for this part is OMB No. 0581-0143.

                           PART 34 [RESERVED]



PART 35_EXPORT GRAPES AND PLUMS--Table of Contents



                               Definitions

Sec.
35.1 Act.
35.2 Person.
35.3 Secretary.
35.4 Carrier.
35.5 Package.
35.6 Shipment.
35.7 Certificate.
35.8 Date of export.

                               Regulations

35.11 Minimum requirements.
35.12 Inspection and certification.

                               Exemptions

35.13 Minimum quantity.

                        Withholding Certificates

35.14 Notice.
35.15 Opportunity for hearing.

[[Page 180]]

35.16 Suspension of inspection.
35.17 Service of notice or order.
35.60 OMB control numbers assigned pursuant to the Paperwork Reduction 
          Act.

    Authority: 74 Stat. 734; 75 Stat. 220; 7 U.S.C. 591-599.

    Source: 26 FR 8934, Sept. 22, 1961, unless otherwise noted.

                               Definitions



Sec.  35.1  Act.

    Act or Export Grape and Plum Act means ``An Act to promote the 
foreign trade of the United States in grapes and plums, to protect the 
reputation of American-grown grapes and plums in foreign markets, to 
prevent deception or misrepresentation as to the quality of such 
products moving in foreign commerce, to provide for the commercial 
inspection of such products entering such commerce, and for other 
purposes'' (74 Stat. 734; 75 Stat. 220; 7 U.S.C. 591-599).



Sec.  35.2  Person.

    Person means an individual, partnership, association, corporation, 
or any other business unit.



Sec.  35.3  Secretary.

    Secretary means the Secretary of Agriculture of the United States or 
any officer or employee of the United States Department of Agriculture 
to whom authority has heretofore been delegated or to whom authority may 
hereafter be delegated to act in his stead.



Sec.  35.4  Carrier.

    Carrier means any common or private carrier, including, but not 
being limited to, trucks, rail, airplanes, vessels, tramp or chartered 
steamers, whether carrying for hire or otherwise.



Sec.  35.5  Package.

    Package means any container of any variety of vinifera species table 
grapes.

[41 FR 32877, Aug. 6, 1976]



Sec.  35.6  Shipment.

    Shipment means one or more lots of any variety of vinifera species 
table grapes shipped or offered for shipment by any one person in a 
single conveyance to a foreign country regardless of the number of 
consignees, receivers, or ports of destination in that country.

[41 FR 32877, Aug. 6, 1976]



Sec.  35.7  Certificate.

    Certificate or Certificate of Inspection means any of the official 
forms of inspection certificate, bearing the statement ``meets Export 
Grape and Plum Act,'' issued by the Federal or Federal-State Inspection 
Service in accordance with regulations governing the inspection of fresh 
fruits, vegetables, and other products (7 CFR part 2851 \1\).
---------------------------------------------------------------------------

    \1\ Part 2851 was redesignated as part 51 at 46 FR 63203, Dec. 31, 
1981.
---------------------------------------------------------------------------



Sec.  35.8  Date of export.

    Date of export means the date of loading on board the exporting 
carrier on which movement of the grapes from the United States is 
effected. The date of the on board bill of lading (or loading tally 
sheet) shall be considered to be the date the grapes were loaded on 
board, unless an ``on board'' date is shown.

                               Regulations



Sec.  35.11  Minimum requirements.

    No person shall ship, or offer for shipment, and no carrier shall 
transport, or receive for transportation, any shipment of any variety of 
vinifera species table grapes unless such grapes meet the following 
quality and container marking requirements applicable to the variety and 
destination specified:
    (a) Any such variety for export to destinations in Japan, Europe 
(defined to mean the following countries: Albania, Austria, Belgium, 
Bosnia, Bulgaria, Croatia, Czech Republic, Denmark, England, Finland, 
France, Germany, Greece, Herzegovina, Hungary, Iceland, Ireland, Italy, 
Liechtenstein, Luxembourg, Macedonia, Montenegro, Netherlands, Northern 
Ireland, Norway, Poland, Portugal, Romania, Scotland, Serbia, Slovenia, 
Spain, Sweden, Switzerland, Wales), or Greenland shall meet each 
applicable minimum requirement of the U.S. Fancy Table grape grade as 
specified in the U.S. Standards for Grades of Table Grapes (European or 
Vinifera Type) (Sec. Sec.  51.880-

[[Page 181]]

51.912 of this title). The Black Corinth variety shall be exempt from 
bunch and berry size requirements.
    (b) Any such variety for export to any foreign destination, other 
than destinations in Japan, Europe, Greenland, Canada, or Mexico, shall 
meet each applicable minimum requirement of the U.S. No. 1 Table grape 
grade as specified in the U.S. Standards for Grades of Table Grapes 
(European or Vinifera Type) (Sec. Sec.  51.880-51.912 of this title), 
except that an additional 2 percent tolerance for sealed berry cracks on 
the Ribier variety is allowed. The Black Corinth variety shall be exempt 
from bunch and berry size requirements.
    (c) Each package of any such variety, other than those in packages 
of 5 pounds or less in master containers, to any destination other than 
in Canada or Mexico shall be plainly and conspicuously marked with the 
name and address of the grower or packer, the variety, and the 
applicable inspection lot stamp number, except that when the packages 
are unitized, the requirement as to inspection lot stamp marking shall 
be deemed as met if the exposed box ends on one end of the unit are so 
marked.

[41 FR 32877, Aug. 6, 1976, as amended at 61 FR 54082, Oct. 17, 1996; 76 
FR 14277, Mar. 16, 2011]



Sec.  35.12  Inspection and certification.

    (a) Each person shipping or offering for shipment any variety of 
vinifera species table grapes, to any foreign destination other than 
destinations in Canada or Mexico, shall cause them to be inspected 
within 14 days prior to date of export by the Federal or Federal-State 
Inspection Service in accordance with regulations governing the 
inspection and certification of fresh fruits, vegetables, and other 
products (part 51 of this chapter) and certified as meeting the 
requirements of the act and this part.
    (b) The Federal or Federal-State certificate shall be designated as 
an ``Export Form Certificate'' and shall include one of the following 
statements as applicable:
    (1) For any variety meeting specifications of paragraph (a) of Sec.  
35.11 ``Meets requirements of Export Grape and Plum Act'' or (2) For any 
variety meeting specifications of paragraph (b) of Sec.  35.11 ``Meets 
requirements of Export Grape and Plum Act except for export to 
destinations in Europe, Greenland, or Japan.'' No carrier shall 
transport or receive for transportation any such variety to any foreign 
destination other than Canada or Mexico unless a copy of the certificate 
of inspection issued thereon showing that the grapes meet requirements 
for the applicable export destination is surrendered to such carrier 
when such variety is so received. The shipper shall deliver a copy of 
such certificate covering the shipment to the export carrier. Such 
grapes may be inspected at points other than port of exportation. 
Whenever such grapes are inspected and certified at any point other than 
port of exportation, the shipper shall deliver a copy of such 
certificate to the agent of the first carrier that thereafter transports 
such grapes and such agent shall deliver such copy to the proper 
official of the carrier on which the grapes are to be exported.
    (c) A copy of the Certificate of Inspection shall be filed by the 
export carrier for a period of not less than three (3) years following 
date of export.
    (d) Persons exporting grapes under the provisions of section 2 of 
the Act shall first submit to the Federal or Federal-State Inspection 
Service a certification in duplicate stating the names and addresses of 
the contracting parties, the date of contract, the quantity of grapes to 
be delivered, the U.S. grade specified, the expected date of shipment, 
and the name and address of the export carrier. The certificate of 
inspection shall indicate that the grapes are eligible for export under 
section 2 of the Act.
    (e) If the inspector has reason to believe that samples of a lot of 
any variety of vinifera species table grapes have been obtained for a 
determination as to compliance with tolerance for spray residue, 
established under the Federal Food, Drug and Cosmetic Act, as amended 
(52 Stat. 1040; 21 U.S.C. 301 et seq.), he shall not issue a certificate 
on the lot unless it complies with such tolerances.

[26 FR 8934, Sept. 22, 1961, as amended at 41 FR 32878, Aug. 6, 1976]

[[Page 182]]

                               Exemptions



Sec.  35.13  Minimum quantity.

    Any person may, without regard to the provisions of this part, ship 
or offer for shipment, and any carrier may, without regard to the 
provisions of this part, transport or receive for transportation to any 
foreign destination, a shipment of 25 packages or less of vinifera 
species table grapes, either a single variety or a combination of two or 
more varieties, not exceeding 1,250 pounds gross weight.

[41 FR 32878, Aug. 6, 1976]

                        Withholding Certificates



Sec.  35.14  Notice.

    If the Secretary is considering withholding the issuance of 
certificates under the Act for a period of not exceeding 90 days to any 
person who ships, or offers for shipment, any variety of vinifera 
species table grapes to any foreign destination in violation of any 
provisions of the Act or this part, he shall cause notice to be given to 
the person accused of the nature of the charges against him and of the 
specific instances in which violation of the Act or the regulations in 
this part is charged.

[41 FR 32878, Aug. 6, 1976]



Sec.  35.15  Opportunity for hearing.

    The person accused shall be entitled to a hearing, provided he makes 
written request therefor and files a written responsive answer to the 
charges made not later than 10 days after service of such notice upon 
him. The right to hearing shall be restricted to matters in issue. At 
such hearing, he shall have the right to be present in person or by 
counsel and to submit evidence and argument in his behalf. Failure to 
request a hearing within the specified time or failure to appear at the 
hearing when scheduled shall be deemed a waiver of the right to hearing. 
Such person may, in lieu of requesting an oral hearing, file a sworn 
written statement with the Secretary not later than 10 days after 
service of such notice upon him.



Sec.  35.16  Suspension of inspection.

    Any order to withhold the issuance of a certificate, as provided in 
section 6 of the Act, will be effective from the date specified in the 
order but no earlier than the date of its service upon the person found 
to have been guilty. Such order will state the inclusive dates during 
which it is to remain in effect, and during this period no inspector 
employed or licensed by the Secretary shall issue any Certificate of 
Inspection to such person.



Sec.  35.17  Service of notice or order.

    Service of any notice or order required by the Act or prescribed by 
the regulations in this part shall be deemed sufficient if made 
personally upon the person served, by registered mail, or by leaving a 
copy of such notice or order with an employee or agent at such person's 
usual place of business or abode or with any member of his immediate 
family at his place of abode. If the person named is a partnership, 
association, or corporation, service may similarly be made by service on 
any member of the partnership or any officer, employee, or agent of the 
association or corporation.



Sec.  35.60  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 
number 0581-0143.

[49 FR 23826, June 8, 1984]



PART 36_PROCEDURES BY WHICH THE AGRICULTURAL MARKETING SERVICE DEVELOPS, 
REVISES, SUSPENDS, OR TERMINATES VOLUNTARY OFFICIAL GRADE 
STANDARDS--Table of Contents



Sec.
36.1 General information.
36.2 Initiating action on grade standards.
36.3 Public notification of grade standards action.

    Authority: 7 U.S.C. 1621-1627.

[[Page 183]]


    Source: 62 FR 43439, Aug. 13, 1997, unless otherwise noted.



Sec.  36.1  General information.

    The Agricultural Marketing Service (AMS or agency) of the U.S. 
Department of Agriculture (USDA) facilitates the fair and efficient 
marketing of agricultural products by promulgating voluntary official 
grade standards for dairy, fresh and processed fruits and vegetables, 
livestock, meats and meat products, eggs, poultry and rabbit products, 
tobacco, wool, mohair, and other agricultural products. AMS standards 
provide a uniform language for describing the quality of various 
agricultural commodities in the marketplace. These standards may cover 
(but are not limited to) terms, classes, sizes (including quantities of 
packaged consumer agricultural commodities), dimensions, capacities, 
quality levels, performance criteria, inspection requirements, marking 
requirements, testing equipment, test procedures, and installation 
procedures.
    (a) Grade standards are officially designated as U.S. Grade 
Standards and the AMS assigns each grade standard an appropriate 
identification number. AMS develops, revises, suspends, or terminates 
official grade standards under procedures that allows for input by 
interested parties.
    (b) These procedures set forth the process by which AMS will 
develop, revise, suspend, or terminate the U.S. standards.
    (c) Communications about AMS standards in general should be 
addressed to the Administrator, Attention: Functional Committee for 
Standards. Communications about specific standards (such as a request to 
develop or revise a standard) should be addressed to the Director of the 
appropriate Division (Dairy, Fruit and Vegetable, Livestock and Seed, 
Poultry, or Tobacco). All communications should include in the address: 
Agricultural Marketing Service, U.S. Department of Agriculture, P.O. Box 
96456, Washington, DC 20090-6456.



Sec.  36.2  Initiating action on grade standards.

    The Agency will develop, revise, suspend, or terminate grade 
standards if it determines that such action is in the public interest. 
Any standardization action should reflect the broad interest of 
individuals or an industry involved in manufacturing, producing, 
packaging, distributing, testing, consuming, or using the product; or 
the interest of a Federal, State, or local agency. Proposed actions 
should always be based on sound technical and marketing information and 
should include careful consideration of the factors that determine a 
commodity's quality and condition and that will allow trained personnel 
to determine objectively conformance or non-conformance.
    (a) AMS encourages interested parties to participate in the review, 
development, and revision of grade standards. Interested parties include 
growers, producers, processors, shippers, distributors, consumers, 
individuals or groups, trade associations, companies, and State or 
Federal agencies. Such groups and individuals may at any time recommend 
that AMS develop, revise suspend, or terminate a grade standard. 
Requests for Agency action should be in writing, preferably accompanied 
by a draft of the suggested change.
    (1) The Agency, in cooperation with interested parties, as 
applicable, will:
    (i) Determine the need for new or revised standards;
    (ii) Collect technical, marketing, or other appropriate data;
    (iii) Conduct research regarding new or revised standards, as 
appropriate; and,
    (iv) Draft the proposed standards;
    (2) [Reserved]
    (b) If the Agency determines that new standards are needed, existing 
standards need to be revised, or the suspension or termination of 
existing standards is justified, it will undertake the action, with 
input from all interested parties.

[[Page 184]]



Sec.  36.3  Public notification of grade standards action.

    After developing a standardization proposal, the Agency will publish 
a notice in the Federal Register describing new or changes to existing 
standards or to suspend or terminate existing standards. AMS will 
simultaneously issue a news release about these actions. AMS will also 
distribute copies of the full text of the proposals to anyone requesting 
a copy or to anyone the Agency believes may be interested, including 
other Federal, State, or local government agencies, and on the Internet. 
For other than minor editorial or technical changes, the notice will 
provide at least 60 days for interested parties to submit comments to 
the Agency.
    (a) All comments received within the comment period will be part of 
the public record maintained by the Agency, will be available to the 
public for review, and will be considered by the Agency before final 
action is taken on the proposal.
    (1) Based on the comments received, the Agency's knowledge of 
standards, grading, marketing, and other technical factors, and any 
other relevant information AMS will decide whether the proposed actions 
should be implemented.
    (2) If AMS concludes that the actions as proposed or with minor 
modifications should be adopted, AMS will publish a description of the 
changes or actions in a Federal Register notice. The Agency, through the 
appropriate AMS Divisions, will make the grade standards and related 
information available in printed form and electronic media.
    (3) If the Agency determines that proposed changes are not 
warranted, or otherwise are not in the public interest, the Agency will 
either publish in the Federal Register a notice withdrawing the 
proposal, or will revise the proposal and again seek public input.
    (b) [Reserved]

                         PARTS 37	41 [RESERVED]



PART 42_STANDARDS FOR CONDITION OF FOOD CONTAINERS--Table of Contents



                          Subpart A_Definitions

Sec.
42.101 Meaning of words.
42.102 Definitions, general.

     Subpart B_Procedures for Stationary Lot Sampling and Inspection

42.103 Purpose and scope.
42.104 Sampling plans and defects.
42.105 Basis for selection of sample.
42.106 Classifying and recording defects.
42.107 Lot acceptance criteria.
42.108 Normal, tightened or reduced inspection.
42.109 Sampling plans for normal condition of container inspection, 
          Tables I and I-A.
42.110 Sampling plans for tightened condition of container inspection, 
          Tables II and II-A.
42.111 Sampling plans for reduced condition of container inspection, 
          Tables III and III-A; and limit number for reduced inspection, 
          Table III-B.
42.112 Defects of containers: Tables IV, V, VI, and VII.
42.113 Defects of label, marking, or code: Table VIII.
42.114 Procedures for evaluating interior container defects.

          Subpart C_Skip Lot Sampling and Inspection Procedures

42.120 Description and qualification.
42.121 Sampling and inspection procedures.
42.122 Applicability of other procedures.
42.123 Flow diagram for skip lot sampling and inspection.

          Subpart D_On-Line Sampling and Inspection Procedures

42.130 Description and qualifications.
42.131 Selection of samples.
42.132 Determining cumulative sum values.
42.133 Portion of production acceptance criteria.
42.134 Disposition of rejected portions of production.
42.135 Normal, tightened or reduced on-line inspection.
42.136 Applicability of other procedures.

                         Subpart E_Miscellaneous

42.140 Operating Characteristic (OC) curves for on-line sampling and 
          inspection.
42.141 Obtaining Operating Characteristic (OC) curve information for 
          skip lot sampling and inspection.

[[Page 185]]

42.142 Curve for obtaining Operating Characteristic (OC) curve 
          information for skip lot sampling and inspection.
42.143 Operating Characteristic (OC) curves for on-line sampling and 
          inspection.

    Authority: Secs. 203, 205, 60 Stat. 1087, as amended, 1090, as 
amended (7 U.S.C. 1622, 1624).



                          Subpart A_Definitions



Sec.  42.101  Meaning of words.

    Words used in this part in the singular form shall be considered to 
import the plural, or vice versa, as the case may demand.

[31 FR 4687, Mar. 19, 1966; 31 FR 4949, Mar. 25, 1966; Redesignated at 
42 FR 32514, June 27, 1977 and at 46 FR 63203, Dec. 31, 1981]



Sec.  42.102  Definitions, general.

    For the purpose of this part, unless the context otherwise requires, 
the following terms shall be construed, respectively, to mean:
    Acceptable Quality Level (AQL). The maximum number of defects per 
hundred units (DHU) which is acceptable as a process average. Lots, or 
portions of production, having a quality level equal to a specified AQL 
will be accepted approximately 95 percent of the time when using the 
sampling plans prescribed for the AQL.
    Acceptance Number (Ac). The number in a sampling plan that indicates 
the maximum number of defects permitted in a sample in order to consider 
a lot as meeting a specific requirement.
    Administrator. The Administrator of the Agricultural Marketing 
Service (AMS) of the Department or any other officer or employee of the 
Agency who is delegated, or who may be delegated the authority to act in 
the Administrator's stead.
    Basic Inspection Period. A specified period of consecutive 
production designated for on-line inspection (e.g., one shift's 
production, one day's production, etc.).
    Condition. The degree of acceptability of the container with respect 
to freedom from defects which affect the serviceability, including 
appearance as well as usability, of the container for its intended 
purpose.
    Cumulative Sum Sampling (CuSum) Plan. An on-line sampling plan that 
accumulates the number of defects which exceed the subgroup tolerance 
(``T'') in a series of consecutive subgroups. Terms specified to the 
CuSum sampling plans are:
    (a) Acceptance Limit (``L''). The maximum accumulation of defects 
allowed to exceed the subgroup tolerance (``T'') in any subgroup or 
consecutive subgroups.
    (b) CuSum value. The accumulated number of defects that exceed the 
subgroup tolerance (``T'').
    (c) Subgroup tolerance (``T''). The allowable number of defects in 
any subgroup.
    (d) Starting value (``S''). The initial CuSum value used to begin a 
CuSum sampling plan.
    Defect. Any nonconformance of a container from specified 
requirements.
    Defect classifications. The terms used to denote the severity of a 
defect. The terms are as follows:
    (a) Critical defect. A defect that seriously affects, or is likely 
to seriously affect, the usability of the container for its intended 
purpose.
    (b) Major defect. A defect that materially affects, or is likely to 
materially affect, the usability of the container for its intended 
purpose.
    (c) Minor defect. A defect that materially affects the appearance of 
the container but is not likely to affect the usability of the container 
for its intended purpose.
    (d) Insignificant defect. A flaw in the container that does not 
materially affect the appearance and does not affect usability of the 
container for its intended purpose. When performing examinations, 
insignificant defects shall not be recorded.
    Defective. A container which has one or more defects.
    Department. The U.S. Department of Agriculture.
    Double sampling. A sampling scheme which involves use of two 
independently drawn but related samples, a first sample and a second 
sample which is added to the first to form a total sample size. A double 
sampling plan consists of first and total sample sizes with associated 
acceptance and rejection criteria. The first sample must be inspected 
first, and if possible, a decision as to acceptance or rejection of

[[Page 186]]

the lot made before a second sample is inspected. When the decision 
cannot be made on the first sample, a second sample is inspected; the 
decision to accept or reject is based on the total sample size.
    Lot or inspection lot. A collection of filled food containers of the 
same size, type, and style. The term shall mean ``inspection lot,'' 
i.e., a collection of units of product from which a sample is to be 
drawn and inspected to determine conformance with the applicable 
acceptance criteria. An inspection lot may differ from a collection of 
units designated as a lot for other purposes (e.g., production lot, 
shipping lot, etc.).
    On-line sampling. The random selection of samples from a production 
line.
    Origin inspection. An inspection made at any location where the 
filled containers are examined prior to shipment or transfer to the 
purchaser.
    Primary container. The immediate container in which the product is 
packaged and which serves to protect, preserve, and maintain the 
condition of the product. It may be metal, glass, fiber, wood, textile, 
plastic, paper, or any other suitable type of material and may be 
supplemented by liners, overwraps, or other protective materials.
    (b) For On-line Sampling. The chance that a portion of production 
with a given level of quality will be accepted. Probability of 
acceptance is synonymous with ``Percent of Production Expected to be 
Accepted.'' The probability of acceptance is normally designated as 
``Pa.'' In on-line sampling inspection, the probability of acceptance of 
any portion of production depends on the sample results obtained from 
the preceding portions. The probability of acceptance values associated 
with these procedures are the values which would be expected if a large 
number of samples are to be inspected. For the CuSum plans referenced in 
this standard, the probability of acceptance at the Acceptable Quality 
Level (AQL) is approximately 95 percent. The starting value (``S'') 
associated with each CuSum plan helps to make the probability of 
acceptance of the first portions of production of a basic inspection 
period as close as possible to 95 percent.
    Random sampling. A process of selecting a sample from a lot, or 
portion of production, whereby each unit in the lot of portion of 
production, has an equal chance of being chosen.
    Rejection number (Re). The number in a sampling plan that indicates 
the minimum number of defects in a sample that will cause a lot to fail 
a specific requirement.
    Sample. Any number of sample units which are to be used for 
inspection.
    Sample size (n). The number of sample units included in the sample.
    Sample unit. The individual container including any component parts.
    Sampling plan. Any plan stating the number of sample units to be 
included in the sample as well as the corresponding plan parameters used 
to make acceptance and rejection decisions.
    Secondary container. The container in which one or more primary 
containers are packed. For example, a shipping case containing canned 
product.
    Shipping case. The container in which the product or primary 
containers of the product are placed to protect, preserve, and maintain 
the condition of the product during transit or storage. The shipping 
case may include strapping, liners or other protective material.
    Single sampling. A sampling scheme where the decision to accept or 
reject an inspection lot with respect to a specified requirement is made 
after the inspection of a single sample. A single sampling plan consists 
of a single sample size with associated acceptance and rejection 
criteria.
    Stationary lot sampling. The process of randomly selecting sample 
units from a lot whose production has been completed. This type of lot 
is usually stored in a warehouse or in some other storage facility and 
is offered in its entirety for inspection.
    Subgroup. A group of sample units representing a portion of 
production.
    Total defects. The sum of critical, major, and minor defects.

[[Page 187]]

    User. The person or agency at whose request inspection is conducted.

[31 FR 4687, Mar. 19, 1966, as amended at 36 FR 18456, Sept. 15, 1971; 
41 FR 42639, Sept. 28, 1976. Redesignated at 42 FR 32514, June 27, 1977, 
and further amended at 45 FR 69423, Oct. 21, 1980. Redesignated at 46 FR 
63203, Dec. 31, 1981; 78 FR 57035, Sept. 17, 2013]



     Subpart B_Procedures for Stationary Lot Sampling and Inspection



Sec.  42.103  Purpose and scope.

    (a) This subpart outlines the procedure to be used to establish the 
condition of containers in stationary lots of packaged foods. This 
subpart shall be used to determine the acceptability of a lot based on 
specified acceptable quality levels and defects referenced in Sec.  
42.104 or any alternative plan which is approved by the Administrator. 
In addition, any other sampling plan in the tables with a larger first 
sample size than that indicated by the lot size range may be specified 
when approved by the Administrator. This subpart or approved alternative 
plan will be applied when a Government agency or private user of the 
inspection or grading services requests that filled primary containers 
or shipping cases, or both, be certified for condition. Unless the 
request for certification specifically asks that only the primary 
container or only the shipping case be examined, both containers will be 
examined.
    (b) Unless otherwise specified by the user of service, this subpart 
will not apply to inspection lots of less than 50 shipping cases or to 
inspection lots of less than 300 primary containers. When the primary 
container is the shipping case, the shipping case limit will apply. When 
the lot size exceeds either the 50 shipping case limit or the 300 
primary container limit or both, the provisions of paragraph (a) of this 
section will apply.
    (c) Under certain conditions, special procedures (Skip Lot Sampling 
and Inspection) may be used to determine the condition of containers in 
stationary lots of packaged foods. Subpart C sets forth the requirements 
and procedures for Skip Lot Sampling and Inspection.

[31 FR 4687, Mar. 19, 1966, as amended at 36 FR 18456, Sept. 15, 1971; 
41 FR 42639, Sept. 28, 1976. Redesignated at 42 FR 32514, June 27, 1977, 
and further amended at 45 FR 69424, Oct. 21, 1980. Redesignated at 46 FR 
63203, Dec. 31, 1981]



Sec.  42.104  Sampling plans and defects.

    (a) Sampling plans. Sections 42.109 through 42.111 show the number 
of containers to examine for condition in relation to lot size ranges. 
The tables provide acceptance (Ac) and rejection (Re) numbers for lot 
acceptance (or rejection) based on the number, class, and type of 
defects present in the sample.
    (b) Defects. The tables in Sec.  42.112 enumerate and classify 
defects according to the degree to which the individual defect affects 
the serviceability, including appearance as well as usability, of the 
container for its intended purpose. The table in Sec.  42.113 enumerates 
and classifies defects of the label, marking, or code.

[31 FR 4687, Mar. 19, 1966, as amended at 36 FR 18456, Sept. 15, 1971. 
Redesignated at 42 FR 32514, June 27, 1977 and 46 FR 63203, Dec. 31, 
1981]



Sec.  42.105  Basis for selection of sample.

    (a) Identification of lot. Selection of proper samples requires 
sufficient information to identify the lot; such information includes, 
but is not limited to:
    (1) The lot size (see Sec.  42.103 for restriction on small lots);
    (2) The type and size of container;
    (3) The code marks or other identification marks and the number of 
containers represented by each mark.
    (4) The history of the lot regarding previous inspections; and
    (5) The inspection status (normal, tightened, or reduced).
    (b) Preliminary scanning. Prior to drawing the sample, the lot 
should be scanned to determine if any segments or portions are abnormal 
with respect to wet cases, blown cans, top layer rust, leaking bags, 
etc. If such segments or portions noted are of any consequence, the lot 
may be rejected for condition of containers without sampling.

[[Page 188]]

    (c) Sample size. Determination of the number of containers to check 
for condition:
    (1) Refer to the table in Sec. Sec.  42.109 through 42.111 (sampling 
plans) and find where the lot size (number of individual containers) 
fits into the column headed ``Lot Size Ranges.''
    (i) Tables I-A (normal), II-A (tightened), or III-A (reduced), as 
applicable, will apply to origin inspections, unless the contractor 
requests that corresponding single sampling plans be used.
    (ii) The appropriate double sampling plans in Table I will apply to 
other than origin inspections, unless the contractor requests that 
corresponding single sampling plans be used.
    (2) Select the appropriate sample size for the corresponding lot 
size range as indicated in the appropriate column headed ``Sample 
Size.''
    (3) Lots rejected for unsatisfactory condition of containers may be 
subsequently sampled after being reconditioned or reworked. Such lots or 
resulting portion of a lot may be sampled as a reoffered lot providing 
the reoffered portion is separately identifiable. When making such 
inspections, the appropriate sampling plan for tightened inspection 
shall be used. Except in the case of an appeal inspection, it is not 
permissible to reinspect a previously rejected lot until it has been 
reconditioned or reworked.
    (d) Sample selection. Select samples from the lot presented in 
accordance with either of the following two procedures as may be 
applicable. (A lot offered for inspection will be accepted or rejected 
in its entirety with either sampling procedure used to select the 
sample.)
    (1) Proportional random sampling. When the number of codes or other 
identifying marks within the lot and the approximate number of cases or 
containers per code are known, select sample units at random within each 
mark and in a number proportionate to the number of containers 
represented by such mark.
    (2) Simple random sampling. When there are no code or other 
identifying marks, or when the number of codes or identifying marks 
within the lot and/or approximate number of cases or containers per mark 
are not known, select sample units at random from the entire lot.
    (e) Maximum sample units per case. If the lot is cased, predetermine 
the number of containers to draw from each sampled case as well as the 
position within the case. Do not restrict the sampling to the top or 
bottom layers or to the corners. The best sample is one selected from 
all the various positions in the shipping case. It is desirable but not 
mandatory to limit the number of sample units to a single container from 
any one case. Multiple sample units may be taken from a single case but 
not in excess of the following plan:
    (1) When containers are packed 12 or less to a case, draw a maximum 
of 6 sample units from any one case; and
    (2) When containers are packed more than 12 to a case but not more 
than 60, draw a maximum of 12 sample units from any one case; and
    (3) When containers are packed more than 60 to a case but not more 
than 250, draw a maximum of 16 sample units from any one case; and
    (4) When containers are packed more than 250 in a case, draw a 
maximum of 24 sample units from any one case.

[31 FR 4687, Mar. 19, 1966, as amended at 36 FR 18456, Sept. 15, 1971. 
Redesignated at 42 FR 32514, June 27, 1977 and 46 FR 63203, Dec. 31, 
1981]



Sec.  42.106  Classifying and recording defects.

    (a) Classifying defects. Examine each sample unit for the applicable 
type of defects listed in the table covering the container being 
inspected in Sec. Sec.  42.112 and 42.113. Other defects, not 
specifically listed, shall be classified according to their effect on 
the intended use of the container.
    (1) Related defects are defects on a single container that are 
related to a single cause. If the initial incident causing one of the 
defects had not occurred, none of the other related defects on the 
container would be present. As an example of related defects, a can may 
be a leaker and the exterior may also be seriously rusted due to the 
leakage of the contents. In this case, the container is scored only once 
for these two defects since the rust

[[Page 189]]

condition can be attributed to the leak. Score the container according 
to whichever condition is the most serious. In this example, score as a 
``leaker'' (a critical defect) and not as ``pitted rust'' (a major 
defect).
    (2) Unrelated defects are defects on a single container that result 
from separate causes. If the incident that caused one of the defects had 
not occurred, the other unrelated defects on the container would still 
be present. As an example of unrelated defects, a can may be seriously 
rusted, may have a bad dent along the seam, and the label may also be 
detached from the can because of improper gluing. In this case it is 
unlikely that any of the three defects exist because of a common cause. 
Therefore, they are considered unrelated defects and should be scored as 
three defects.
    (3) The lot acceptance portion of this procedure is based on the 
number of defects per 100 containers. It is necessary to determine if 
the defects on any one container are ``related'' defects or 
``unrelated'' defects. A container is scored for the most serious of 
related defects, and is also scored for each unrelated defect.
    (b) Recording defects. Record on a worksheet the number, type, and 
class (critical, major, or minor) of defects on each sample unit.
    (c) Totaling defects. Add the number of defects in each class, then 
add the number of minor, major, and critical defects to obtain the total 
defects.

[31 FR 4687, Mar. 19, 1966, as amended at 36 FR 18456, Sept. 15, 1971. 
Redesignated at 42 FR 32514, June 27, 1977 and 46 FR 63203, Dec. 31, 
1981; 78 FR 57035, Sept. 17, 2013]



Sec.  42.107  Lot acceptance criteria.

    (a) The acceptability of the lot is determined by relating the 
number and class of defects enumerated on the worksheet to the 
acceptance and rejection numbers shown in Sec. Sec.  42.109 through 
42.111 for the respective sample size and Acceptable Quality Level 
(AQL).
    (b) Unless otherwise specified, use the following AQL's for the 
respective class of defects:

------------------------------------------------------------------------
                                                                AQL at
                                                   AQL at     other than
                 Defect class                      origin       origin
                                                 inspection   inspection
------------------------------------------------------------------------
Critical......................................         0.25         0.25
Major.........................................          1.5          2.5
Total.........................................          6.5         10.0
------------------------------------------------------------------------

    (c) Refer to the appropriate sample size and AQL and compare the 
number of defects found in the sample with the acceptance (Ac) and 
rejection (Re) numbers in the sampling plan.
    (1) Accept the lot after examining the single sample or first sample 
of a double sampling plan when all of the following conditions are met:
    (i) The number of critical defects does not exceed the applicable 
acceptance number (Ac) for critical defects, and
    (ii) The number of major defects does not exceed the applicable 
acceptance number (Ac) for major defects, and
    (iii) The total number of critical, major, and minor defects does 
not exceed the applicable acceptance number (Ac) for total defects.
    (2) Reject the lot after examining the single sample or first sample 
of a double sampling plan when any one or more of the following 
conditions occur:
    (i) The number of critical defects equals or exceeds the applicable 
rejection number (Re) for critical defects, or
    (ii) The number of major defects equals or exceeds the applicable 
rejection number (Re) for major defects, or
    (iii) The total number of critical, major, and minor defects equals 
or exceeds the applicable rejection number (Re) for total defects.
    (3) If the lot can neither be accepted nor rejected on the first 
sample, when a double sampling plan is used, select and examine the 
prescribed second sample. Accept the lot if the accumulated defects of 
the first and second sample meet conditions of paragraph (c)(1) of this 
section, otherwise, reject the lot.

[31 FR 4687, Mar. 19, 1966, as amended at 36 FR 18456, Sept. 15, 1971. 
Redesignated at 42 FR 32514, June 27, 1977 and 46 FR 63203, Dec. 31, 
1981]

[[Page 190]]



Sec.  42.108  Normal, tightened, or reduced inspection.

    (a) Normal inspection. Sampling plans for normal inspection are 
those in Tables I and I-A. These plans shall be used except when the 
history of inspection permits reduced inspection or requires tightened 
inspection.
    (b) Tightened inspection. Sampling plans for tightened inspection 
are those in Tables II and II-A.
    (c) Reduced inspection. Sampling plans for reduced inspection are 
those in Tables III and III-A.
    (d) Switching rules. The normal inspection procedure shall be 
followed except when conditions in paragraph (d) (1) or (3) of this 
section are applicable or unless otherwise specified. Application of the 
following switching rules will be restricted to the inspection of lots 
for one applicant at a single location (plant, warehouse, etc.), and 
will be based upon records of original inspections of lots (excluding 
resubmitted lots) at that same location.
    (1) Normal inspection to reduced inspection. When normal inspection 
is in effect, reduced inspection shall be instituted providing that 
reduced inspection is considered desirable by the Administrator and 
further provided that all of the following conditions are satisfied for 
each class of defect:
    (i) The preceding 10 inspection lots (or more, as indicated by the 
note to Table III-B) which have been inspected within the preceding 6 
months have been on normal inspection and none has been rejected on 
original inspection; and
    (ii) The total number of defects in the samples from the preceding 
10 inspection lots (or such other number of lots used for condition in 
paragraph (d)(1)(i) of this section) is equal to or less than the 
applicable number given in Table III-B. If a double sampling plan is 
used, all samples inspected should be included, not ``first'' samples 
only; and
    (2) Reduced inspection to normal inspection. When reduced inspection 
is in effect, normal inspection shall be reinstituted if any of the 
following occur:
    (i) An inspection lot is rejected on original inspection; or
    (ii) Production becomes irregular (delayed or accelerated); or
    (iii) Other valid conditions warrant that normal inspection shall be 
reinstituted.
    (3) Normal inspection to tightened inspection. When normal 
inspection is in effect, tightened inspection shall be instituted when 2 
out of 5 consecutive inspection lots have been rejected on original 
inspection.
    (4) Tightened inspection to normal inspection. When tightened 
inspection is in effect, normal inspection shall be reinstituted when 
five consecutive inspection lots have been considered acceptable on 
original inspection.
    (e) When the rules require a switch in the inspection status because 
of one or more classes of defects, all classes of defects shall be 
inspected under the new inspection criteria. At the option of the user 
of the service and when approved by the Administrator, such user may 
elect to remain on normal inspection when qualified for reduced 
inspection, or on tightened inspection when qualified for normal 
inspection.
    (f) Appeal inspection--(1) Appeal request. Any interested party who 
is not satisfied with the results of a condition inspection on packaged 
food containers, as stated on an official certificate, may request an 
appeal inspection.
    (2) How to file an appeal. A request for an appeal inspection may be 
made orally or in writing. If made orally, written confirmation may be 
required. The applicant shall clearly state the reasons for requesting 
the appeal service and a description of the product to be appealed.
    (3) When an application for an appeal inspection may be refused. 
When it appears that: (i) The reasons given in the request are frivolous 
or not substantial; or (ii) the condition of the containers has 
undergone a material change since the original inspection; or (iii) the 
original lot is no longer intact, the applicant's request for the appeal 
inspection may be refused. In such case, the applicant shall be promptly 
notified of the reason(s) for such refusal.
    (4) Who shall perform the appeal. An appeal inspection shall be 
performed by a person(s) other than the person who made the inspection 
being appealed.
    (5) Sampling procedures. The sampling plan for an appeal inspection 
shall be

[[Page 191]]

the next larger sampling plan from the plan in the table used in the 
original inspection.
    (6) Appeal certificate. Immediately after an appeal inspection is 
completed, an appeal certificate shall be issued to show that the 
original inspection was sustained or was not sustained. Such certificate 
shall supersede any previously issued certificate for the inspection 
involved and shall clearly identify the number and date of the 
superseded certificate. The issuance of the appeal certificate may be 
withheld until the previously issued certificate and all copies have 
been returned when such action is deemed necessary to protect the 
interest of the Government.

[31 FR 4687, Mar. 19, 1966, as amended at 36 FR 18456, Sept. 15, 1971. 
Redesignated at 42 FR 32514, June 27, 1977 and 46 FR 63203, Dec. 31, 
1981]

[[Page 192]]



Sec.  42.109  Sampling plans for normal condition of container inspection, 
Tables I and I-A.

                                       Table I--Single Sampling Plans for Normal Condition of Container Inspection
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        Acceptable quality levels
                                               ---------------------------------------------------------------------------------------------------------
           Lot size ranges--                                        Origin Inspection                              Other Than Origin Inspection
   Code        Number of        Type of Plan   ---------------------------------------------------------------------------------------------------------
             containers  in                                    0.25             1.5             6.5            0.25             2.5            10.0
                  lot                            Sample  -----------------------------------------------------------------------------------------------
                                                  size      Ac      Re      Ac      Re      Ac      Re      Ac      Re      Ac      Re      Ac      Re
--------------------------------------------------------------------------------------------------------------------------------------------------------
CA.......  6,000 or less....  Single..........        84       0       1       3       4       9      10       0       1       4       5      13      14
CB.......  6,001-12,000.....  Single..........       168       1       2       5       6      16      17       1       2       7       8      23      24
CC.......  12,001-36,000....  Single..........       315       2       3       8       9      28      29       2       3      13      14      41      42
CD.......  Over 36,000......  Single..........       500       3       4      12      13      42      43       3       4      18      19      62      63
CE.......  .................  Single..........       800       4       5      18      19      64      65       4       5      27      28      95      96
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ac = Acceptance number.
Re = Rejection number.


[[Page 193]]

[GRAPHIC] [TIFF OMITTED] TR17SE13.004


[78 FR 57035, Sept. 17, 2013]

[[Page 194]]



Sec.  42.110  Sampling plans for tightened condition of container inspection; 
Tables II and II-A.

                                     Table II--Single Sampling Plans for Tightened Condition of Container Inspection
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        Acceptable quality levels
                                               ---------------------------------------------------------------------------------------------------------
           Lot size ranges--                                        Origin Inspection                              Other Than Origin Inspection
   Code        Number of        Type of Plan   ---------------------------------------------------------------------------------------------------------
             containers  in                                    0.25             1.5             6.5            0.25             2.5            10.0
                  lot                            Sample  -----------------------------------------------------------------------------------------------
                                                  Size      Ac      Re      Ac      Re      Ac      Re      Ac      Re      Ac      Re      Ac      Re
--------------------------------------------------------------------------------------------------------------------------------------------------------
CB.......  6,000 or less....  Single..........       168       0       1       4       5      11      12       0       1       5       6      16      17
CC.......  6,001-12,000.....  Single..........       315       1       2       6       7      19      20       1       2       8       9      28      29
CD.......  12,001-36,000....  Single..........       500       2       3       9      10      28      29       2       3      12      13      42      43
CE.......  Over 36,000......  Single..........       800       3       4      13      14      42      43       3       4      18      19      64      65
CF.......  .................  Single..........     1,250       4       5      19      20      63      64       4       5      26      27      96      97
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 195]]

[GRAPHIC] [TIFF OMITTED] TR17SE13.005


[78 FR 57036, Sept. 17, 2013]

[[Page 196]]



Sec.  42.111  Sampling plans for reduced condition of container inspection, 
Tables III and III-A; and limit number for reduced inspection, Table III-B.

                                     Table III--Single Sampling Plans for Reduced Condition of Container Inspection
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        Acceptable quality levels
                                               ---------------------------------------------------------------------------------------------------------
           Lot size ranges--                                        Origin inspection                              Other Than Origin Inspection
   Code        Number of        Type of Plan   ---------------------------------------------------------------------------------------------------------
             containers  in                                    0.25             1.5             6.5            0.25             2.5            10.0
                  lot                            Sample  -----------------------------------------------------------------------------------------------
                                                  Size      Ac      Re      Ac      Re      Ac      Re      Ac      Re      Ac      Re      Ac      Re
--------------------------------------------------------------------------------------------------------------------------------------------------------
CAA......  6,000 or less....  Single..........        29       1       2       1       2       4       5       1       2       2       3       5       6
CA.......  6,001-36,000.....  Single..........        84       1       2       3       4       9      10       1       2       4       5      13      14
CB.......  Over 36,000......  Single..........       168       1       2       5       6      16      17       1       2       7       8      23      24
CC.......  .................  Single..........       315       2       3       8       9      28      29       2       3      13      14      41      42
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 197]]

[GRAPHIC] [TIFF OMITTED] TR17SE13.006


[[Page 198]]


                                Table III-B--Limit Numbers for Reduced Inspection
----------------------------------------------------------------------------------------------------------------
Number of sample units from last                             Acceptable quality level
   10 lots inspected within 6    -------------------------------------------------------------------------------
             months                    0.25             1.5             2.5             6.5            10.0
----------------------------------------------------------------------------------------------------------------
320-499.........................             (*)               1               4              14              24
500-799.........................             (*)               3               7              25              40
800-1,249.......................               0               7              14              42              68
1,250-1,999.....................               0              13              24              69             110
2,000-3,149.....................               2              22              40             115             181
3,150-4,999.....................               4              38              67             186             293
5,000-7,999.....................               7              63             110             302             472
8,000-12,499....................              14             105             181             491             765
12,500-19,999...................              24             169             290             777            1207
----------------------------------------------------------------------------------------------------------------
* Denotes that the number of sample units from the last 10 inspection lots is not sufficient for reduced
  inspection for this AQL. In this instance more than 10 inspection lots may be used for the calculations if;
  the inspection lots used are the most recent ones in sequence within the last 6 months, they have all been on
  normal inspection, and none has been rejected on original inspection.


[78 FR 57038, Sept. 17, 2013]



Sec.  42.112  Defects of containers: Tables IV, V, VI, VII, VIII, IX, and X.

                                           Table IV--Metal Containers
                                             [Rigid and semi-rigid]
----------------------------------------------------------------------------------------------------------------
                                                                                    Categories
                             Defects                             -----------------------------------------------
                                                                     Critical          Major           Minor
----------------------------------------------------------------------------------------------------------------
Type or size of container or component parts not as specified...                  None permitted
                                                                 -----------------------------------------------
Closure incomplete, not located correctly or not sealed,
 crimped, or fitted properly:
    (a) Heat processed primary container........................               1
    (b) Non-heat processed primary container....................  ..............             101
    (c) Other than primary container............................  ..............  ..............             201
Dirty, stained, or smeared container............................  ..............  ..............             202
Key opening metal containers (when required):
    (a) Key missing.............................................  ..............             102
    (b) Key does not fit tab....................................  ..............             103
    (c) Tab of opening band insufficient to provide               ..............             104
     accessibility to key.......................................
    (d) Improper scoring (band would not be removed in one        ..............             105
     continuous strip)..........................................
Metal pop-top:
    (a) Missing or broken pull tab..............................  ..............             106
    (b) Missing or incomplete score line (not conforming to a     ..............             107
     relevant product specification)............................
Flexible pop-top:
    (a) Poor seal (wrinkle, entrapped matter, etc.).............  ..............             108
    (b) Short pull tab (not conforming to a relevant product      ..............  ..............             203
     specification).............................................
    (c) Missing pull tab........................................  ..............             109
    (d) Torn pull tab...........................................  ..............  ..............             204
Open top with plastic overcap (when required):
    (a) Plastic overcap missing.................................  ..............             110
    (b) Plastic overcap warped (making opening or reapplication   ..............             111
     difficult).................................................
Outside tinplate or coating (when required):
    (a) Missing or incomplete...................................  ..............  ..............             205
    (b) Blistered, flaked, sagged, or wrinkled..................  ..............  ..............             206
    (c) Scratched or scored.....................................  ..............  ..............             207
    (d) Fine cracks.............................................  ..............  ..............             208
Rust (rust stain confined to the top or bottom double seam or
 rust that can be removed with a soft cloth is not scored a
 defect):
    (a) Rust stain..............................................  ..............  ..............             209
    (b) Pitted rust.............................................  ..............             112
Wet cans (excluding refrigerated containers)....................  ..............  ..............             210
Dent:
    (a) Materially affecting appearance but not usability.......  ..............  ..............             211
    (b) Materially affecting usability..........................  ..............             113
Buckle:
    (a) Not involving end seam..................................  ..............  ..............             212
    (b) Extending into the end seam.............................  ..............             114

[[Page 199]]

 
Collapsed container.............................................  ..............             115
Paneled side materially affecting appearance but not usability..  ..............  ..............             213
Solder missing when required....................................  ..............             116
Cable cut exposing seam.........................................  ..............             117
Improper side seam..............................................  ..............             118
Swell, springer, or flipper (not applicable to gas or pressure                 2
 packed product nor frozen products)............................
Leaker or blown container.......................................               3
Frozen products only:
    (a) Bulging ends \3/16\-inch to \1/4\-inch beyond lip.......  ..............  ..............             214
    (b) Bulging ends more than \1/4\-inch beyond lip............  ..............             119
Metal drums: leaking filling seal (bung) swell \1\..............               4             120
----------------------------------------------------------------------------------------------------------------
\1\ Defect classification depends on the severity of the defect.


                                          Table V--Composite Containers
                [Fiberboard body with metal lids or metal bottoms, plastic or foil top with cap]
----------------------------------------------------------------------------------------------------------------
                                                                                    Categories
                             Defects                             -----------------------------------------------
                                                                     Critical          Major           Minor
----------------------------------------------------------------------------------------------------------------
Type or size of container or component parts not as specified...                  None permitted
                                                                 -----------------------------------------------
Closure incomplete, not located correctly or not sealed,                       1
 crimped, or fitted properly....................................
Dirty, stained, or smeared container............................  ..............  ..............             201
Easy open closure:
    (a) Pull tab:
        1. Missing or broken pull tab...........................  ..............             101
        2. Missing or incomplete score line.....................  ..............             102
    (b) Membrane top:
        1. Poor seal (wrinkle, entrapped matter, etc.)..........  ..............             103
        2. Short pull tab.......................................  ..............             104
        3. Missing pull tab.....................................  ..............             105
        4. Torn pull tab........................................  ..............             106
    (c) Open top with plastic overcap (when required):
        1. Plastic overcap missing..............................  ..............             107
        2. Plastic overcap warped (making opening or              ..............             108
         reapplication difficult)...............................
Outside tinplate or coating on ends (when required):
    (a) Missing or incomplete...................................  ..............  ..............             202
    (b) Blistered, flaked, sagged, or wrinkled..................  ..............  ..............             203
    (c) Scratched or scored.....................................  ..............  ..............             204
    (d) Fine cracks.............................................  ..............  ..............             205
Collapsed container.............................................  ..............             109
Paneled side materially affecting appearance but not usability..  ..............  ..............             206
Leaker..........................................................               2
Wet or damp:
    (a) Materially affecting appearance but not usability.......  ..............  ..............             207
    (b) Materially affecting usability..........................  ..............             110
Crushed or torn area:
    (a) Materially affecting appearance but not usability.......  ..............  ..............             208
    (b) Materially affecting usability..........................  ..............             111  ..............
----------------------------------------------------------------------------------------------------------------


                                           Table VI--Glass Containers
                                                 [Bottles, Jars]
----------------------------------------------------------------------------------------------------------------
                                                                                    Categories
                             Defects                             -----------------------------------------------
                                                                     Critical          Major           Minor
----------------------------------------------------------------------------------------------------------------
Type or size of container or component parts not as specified...                  None permitted
                                                                 -----------------------------------------------
Closure not sealed, crimped, or fitted properly:
    (a) Heat processed..........................................               1
    (b) Non-heat processed......................................  ..............             101
Dirty, stained, or smeared container............................  ..............  ..............             201
Chip in glass...................................................  ..............  ..............             202

[[Page 200]]

 
Stone (unmelted material) in glass..............................  ..............  ..............             203
Pits in surface of glass........................................  ..............  ..............             204
Sagging surface.................................................  ..............  ..............             205
Bead (bubble within glass):
    (a) \1/8\-inch to \1/16\-inch in diameter...................  ..............  ..............             206
    (b) Exceeding \1/8\-inch in diameter........................  ..............             102
Checked.........................................................  ..............             103
Thin spot in glass..............................................  ..............             104
Blister (structural defect).....................................  ..............             105
Bird swing (glass appendage inside container)...................               2
Broken or leaking container.....................................               3
Cap (nonheat processed):
    (a) Cross-threaded..........................................  ..............  ..............             207
    (b) Loose but not leaking...................................  ..............  ..............             208
    (c) Pitted rust.............................................  ..............             106
Cap (heat processed):
    (a) Cross-threaded or loose.................................               4
    (b) Pitted rust.............................................  ..............             107
Sealing tape or cello band (when required):
    (a) Improperly placed.......................................  ..............  ..............             209
    (b) Not covering juncture of cap and glass..................  ..............             108
    (c) Ends overlap by less than \1/2\-inch....................  ..............             109
    (d) Loose or deteriorating..................................  ..............             110
Missing or torn outer safety seal...............................  ..............             111
Inner safety seal--missing, torn, poor seal.....................  ..............             112  ..............
----------------------------------------------------------------------------------------------------------------


                                          Table VII--Plastic Containers
                         [Rigid and Semi-Rigid, Bottles, Jars, Tubs, Trays, Pails, etc.]
----------------------------------------------------------------------------------------------------------------
                                                                                    Categories
                             Defects                             -----------------------------------------------
                                                                     Critical          Major           Minor
----------------------------------------------------------------------------------------------------------------
Type or size of container or component parts not as specified...                  None permitted
                                                                 -----------------------------------------------
Closure not sealed, crimped, or fitted properly:
    (a) Heat processed..........................................               1
    (b) Non-heat processed......................................  ..............             101
Dirty, stained, or smeared container............................  ..............  ..............             201
Chip in plastic.................................................  ..............  ..............             202
Un-melted gels in plastic.......................................  ..............  ..............             203
Pits in surface of plastic......................................  ..............  ..............             204
Sagging surface.................................................  ..............  ..............             205
Air bubble within plastic:
    (a) \1/8\-inch to \1/16\-inch in diameter...................  ..............  ..............             206
    (b) Exceeding \1/8\-inch in diameter........................  ..............             102
Checked.........................................................  ..............             103
Thin spot in plastic............................................  ..............             104
Blister (structural defect).....................................  ..............             105
Broken or leaking container.....................................               2
Cap (non-heat processed):
    (a) Cross-threaded..........................................  ..............  ..............             207
    (b) Loose but not leaking...................................  ..............  ..............             208
Cap (heat processed), cross-threaded or loose...................               3
Security seals:
    (a) Closure ring missing....................................  ..............             106
    (b) Missing or torn outer safety seal.......................  ..............             107
(c) Inner safety seal--missing, torn, or poor seal..............  ..............             108
    (d) Sealing tape or cello band (when required):
        1. Improperly placed....................................  ..............  ..............             209
        2. Not covering juncture of cap and plastic.............  ..............             109
        3. Ends overlap by less than \1/2\-inch.................  ..............             110
        4. Loose or deteriorating...............................  ..............             111  ..............
----------------------------------------------------------------------------------------------------------------


[[Page 201]]


Table VIII--Rigid and Semi-Rigid Containers--Corrugated or Solid Fiberboard, Chipboard, Wood, Paperboard Aseptic
                                         Cartons, Polymeric Trays, etc.
                                      [Excluding metal, glass, and plastic]
----------------------------------------------------------------------------------------------------------------
                                                                                    Categories
                             Defects                             -----------------------------------------------
                                                                     Critical          Major           Minor
----------------------------------------------------------------------------------------------------------------
Type or size of container or component parts not as specified...                  None permitted
                                                                 -----------------------------------------------
Component part missing..........................................  ..............             101
                                                                 -----------------------------------------------
Closure not sealed, crimped, or fitted properly:
    (a) Primary container.......................................               1
    (b) Other than primary container............................  ..............  ..............             201
Dirty, stained, or smeared container............................  ..............  ..............             202
Wet or damp (excluding ice packs):
    (a) Materially affecting appearance but not usability.......  ..............  ..............             203
    (b) Materially affecting usability..........................  ..............             102
Moldy area......................................................               2
Crushed or torn area:
    (a) Materially affecting appearance but not usability.......  ..............  ..............             204
    (b) Materially affecting usability..........................  ..............             103
Separation of lamination (corrugated fiberboard):
    (a) Materially affecting appearance but not usability.......  ..............  ..............             205
    (b) Materially affecting usability..........................  ..............             104
Product sifting or leaking......................................  ..............             105
Nails or staples (when required):
    (a) Not as required, insufficient number or improperly        ..............  ..............             206
     positioned.................................................
    (b) Nails or staples protruding.............................  ..............             106
Glue or adhesive (when required); not holding properly, not
 covering area specified, or not covering sufficient area to
 hold properly:
    (a) Primary container.......................................  ..............             107
    (b) Other than primary container............................  ..............  ..............             207
Flap:
    (a) Projects beyond edge of container more than \1/4\-inch..  ..............  ..............             208
    (b) Does not meet properly, allowing space of more than \1/   ..............  ..............             209
     4\-inch....................................................
Sealing tape or strapping (when required):
    (a) Missing.................................................  ..............             108
    (b) Improperly placed or applied............................  ..............  ..............             210
Missing component (straw, etc.).................................  ..............  ..............             211
Paperboard Aseptic Cartons:
    (a) Missing re-sealable cap or tab..........................  ..............             109
    (b) Inner or outer safety seal--missing, torn, poor seal....               3
Thermostabilized polymeric trays:
Tray body:
    (a) Swollen container.......................................               4
    (b) Tear, crack, hole, abrasion through more than one layer                5
     of multi-layer laminate for the tray.......................
    (c) Presence of delamination in multi-layered laminate......  ..............  ..............             212
    (d) Presence of any permanent deformation, such that          ..............  ..............             213
     deformed area is discolored or roughened in texture........
Lid material:
    (a) Closure seal not continuous along tray flange surface...               6
    (b) Foldover wrinkle in seal area extends into the closure                 7
     seal such that the closure seal is reduced to less than \1/
     8\-inch....................................................
    (c) Any impression or design on the seal surfaces which       ..............             110
     conceals or impairs visual detection of seal defects.......
    (d) Areas of ``wave-like'' striations or wrinkles along the   ..............  ..............             214
     seal area that spans the entire width of seal..............
    (e) Abrasion of lid material:
        1. Within \1/16\-inch of food product edge of seal such                8
         that barrier layer is exposed..........................
        2. Greater than \1/16\-inch from food product edge of     ..............  ..............             215
         seal that barrier layer is exposed.....................
    (f) Presence of entrapped matter within \1/16\-inch of the                 9
     food product edge of seal or entrapped moisture or vapor
     with \1/16\-inch of the food product edge of seal that
     results in less than \1/16\-inch of defect free seal width
     at the outside edge........................................
    (g) Presence of any seal defect or anomaly (for example,      ..............             111
     entrapped moisture, gases, etc.) within \1/16\-inch of food
     product edge of seal.......................................
    (h) Closure seal width less than \1/8\-inch.................  ..............  ..............             216
----------------------------------------------------------------------------------------------------------------


[[Page 202]]


                                          Table IX--Flexible Containers
                  [Plastic, Cellophane, Paper, Textile, Laminated Multi-Layer Pouch, Bag, etc.]
----------------------------------------------------------------------------------------------------------------
                                                                                    Categories
                             Defects                             -----------------------------------------------
                                                                     Critical          Major           Minor
----------------------------------------------------------------------------------------------------------------
Type or size of container or component parts not as specified...                  None permitted
                                                                 -----------------------------------------------
Closure not sealed, crimped, stitched, or fitted properly:
    (a) Heat processed primary container........................               1
    (b) Non-heat processed primary container....................  ..............             101
    (c) Other than primary container............................  ..............  ..............             201
Dirty, stained, or smeared container............................  ..............  ..............             202
Unmelted gels in plastic........................................  ..............  ..............             203
Torn or cut container or abrasion (non-leaker):
    (a) Materially affecting appearance but not usability.......  ..............  ..............             204
    (b) Materially affecting usability..........................  ..............             102
Moldy area......................................................               2
Individual packages sticking together or to shipping case (tear   ..............             103
 when separated)................................................
Not fully covering product......................................  ..............             104
Wet or damp (excluding ice packs):
    (a) Materially affecting appearance but not usability.......  ..............  ..............             205
    (b) Materially affecting usability..........................  ..............             105
Over wrap (when required):
    (a) Missing.................................................  ..............             106
    (b) Loose, not sealed, or closed............................  ..............  ..............             206
    (c) Improperly applied......................................  ..............  ..............             207
Sealing tape, strapping, or adhesives (when required):
    (a) Missing.................................................  ..............             107
    (b) Improperly placed, applied, torn, or wrinkled...........  ..............  ..............             208
Tape over bottom and top closures (when required):
    (a) Not covering stitching..................................  ..............             108
    (b) Torn (exposing stitching)...............................  ..............             109
    (c) Wrinkled (exposing stitching)...........................  ..............             110
    (d) Not adhering to bag:
        1. Exposing stitching...................................  ..............             111
        2. Not exposing stitching...............................  ..............  ..............             209
    (e) Improper placement......................................  ..............  ..............             210
Product sifting or leaking:
    (a) Non-heat processed......................................  ..............             112
    (b) Heat processed..........................................               3
Flexible pop-top:
    (a) Poor seal (wrinkle, entrapped matter, etc.) reducing                   4
     intact seal to less than \1/16\-inch.......................
    (b) Short pull tab (materially affecting usability).........  ..............  ..............             212
    (c) Missing pull tab........................................  ..............             113
    (d) Torn pull tab (materially affecting usability)..........  ..............  ..............             213
Missing component (straw, etc.).................................  ..............  ..............             214
Two part container (poly lined box or bag in box):
    (a) Outer case torn.........................................  ..............  ..............             215
    (b) Poly liner:
        1. Missing..............................................               5
        2. Improper closure.....................................  ..............             114
Missing ``zip lock'' (re-sealable containers)...................  ..............  ..............             216
Loss of vacuum (in vacuum-packed)...............................  ..............             115
Pre-formed containers:
    (a) Dented or crushed area..................................  ..............  ..............             217
    (b) Deformed container......................................  ..............  ..............             218
Missing re-sealable cap.........................................  ..............             116
Inner or outer safety seal--missing, torn, poor seal............               6
Air bubble in plastic...........................................  ..............             117
Thermostabilized products (includes but not limited to tubes,
 pouches, etc.):
Foldover wrinkle in seal area (thermostabilized pouches):
    (a) Extends through all plies across seal area or reduces                  7
     seal less than \1/16\-inch.................................
    (b) Does not extend through all plies and effective seal is   ..............  ..............             219
     \1/16\-inch or greater.....................................
Incomplete seal (thermostabilized pouches)......................               8
Non-bonding seal (thermostabilized pouches).....................               9
Laminate separation in body of pouch or in seal within \1/16\-
 inch of food product edge:
    (a) If food contact layer is exposed........................              10
    (b) If food contact surface is exposed after manipulation or  ..............             118
     laminate separation expands after manipulation.............

[[Page 203]]

 
    (c) If lamination separation is limited to isolated spots     ..............  ..............             220
     that do not propagate with manipulation or is outer ply
     separation in seal within \1/16\-inch of food product edge
     of seal....................................................
Flex cracks (cracks in foil layer only).........................  ..............  ..............             221
Swollen container...............................................              11
Blister (in seal) reducing intact seal to less than \1/16\-inch.              12
Compressed seal (overheated to bubble or expose inner layer)                  13
 reducing intact seal to less than \1/16\-inch..................
Stringy seal (excessive plastic threads showing at edge of seal   ..............  ..............             222
 area)..........................................................
Contaminated seal (entrapped matter) reducing intact seal to                  14
 less than \1/16\-inch..........................................
Seal creep (product in pouch ``creeping'' into seal) reducing                 15
 intact seal to less than \1/16\ inch...........................
Misaligned or crooked seal reducing intact seal to less than \1/              16
 16\-inch.......................................................
Seal formed greater than 1-inch from edge of pouch (unclosed      ..............  ..............             223
 edge flaps)....................................................
Waffling (embossing on surface from retort racks; not scorable    ..............  ..............             224
 unless severe).................................................
Poor or missing tear notch (when required)......................  ..............  ..............             225
----------------------------------------------------------------------------------------------------------------


                           Table X--Unitizing
               [Plastic or other type of casing/unitizing]
------------------------------------------------------------------------
                                                    Categories
                 Defects                 -------------------------------
                                               Major           Minor
------------------------------------------------------------------------
Not specified method....................             101
Missing tray (when required)............             102
Missing shrink wrap (when required).....             103
Loose or improperly applied wrap........  ..............             201
Torn or mutilated.......................  ..............             202
Off-center wrap (does not overlap both    ..............             203
 ends)..................................
------------------------------------------------------------------------


[78 FR 57041, Sept. 17, 2013]



Sec.  42.113  Defects of label, marking, or code.

                    Table XI--Label, Marking, or Code
------------------------------------------------------------------------
                                                    Categories
                 Defects                 -------------------------------
                                               Major           Minor
------------------------------------------------------------------------
Not specified method....................             101
Missing (when required).................             102
Loose or improperly applied.............  ..............             201
Torn or mutilated.......................  ..............             202
Torn or scratched, obliterating any                  103
 markings on the label..................
Text illegible or incomplete............  ..............             203
Incorrect...............................             104
In wrong location.......................  ..............             204
------------------------------------------------------------------------


[78 FR 57046, Sept. 17, 2013]



Sec.  42.114  Procedures for evaluating interior container defects.

    (a) Sections 42.101-42.136 provide procedures for determining lot 
conformance with the U.S. Standards for Condition of Food Containers. 
This determination is based on the examination of the external 
characteristics of the food containers.
    (b) As an option, if a user of the inspection service requests to 
have the interior characteristics of containers examined, and apply 
these results in the determination of lot acceptability, the defects 
listed in Table XII may be used.
    (c) The determination of lot acceptability based on internal 
container defects shall be independent of the determination of lot 
acceptability for U.S. Standards for Condition of Food Containers. A 
user of the inspection service may choose to require inspection for 
internal can defects as well as inspection for U.S. Standards for 
Condition of Food Containers.
    (d) If a user of the inspection service requests an examination for 
internal container defects in addition to an official USDA/USDC 
inspection for product quality and/or U.S. grade, the containers opened 
by the official inspection service for inspection of product quality 
and/or U.S. grade will be used for examination of interior container 
defects. The minimum sample size for evaluation of interior container 
defects

[[Page 204]]

will be 13 containers. As a result, additional containers will be 
required if the inspection for quality or U.S. grade calls for fewer 
than 13 containers. Table XIII provides acceptance numbers for internal 
container defects for selected sample sizes.

                  Table XII--Interior Container Defects
------------------------------------------------------------------------
                                                    Categories
                 Defects                 -------------------------------
                                               Major           Minor
------------------------------------------------------------------------
De-tinning in metal container materially             101
 affecting usability....................
De-tinning in metal container not         ..............             201
 materially affecting usability.........
Black spots in metal container..........  ..............             202
Enamel missing (when required) in metal              102
 container..............................
Enamel breakdown in metal container                  103
 material affecting usability...........
Enamel breakdown in metal container       ..............             203
 material not affecting usability.......
Other defect(s) of the interior of the               104
 container (metal, plastic, paper,
 rigid, etc.) e.g., interior damage,
 tear, delamination, missing layer, off-
 odor, interior blisters, etc. that
 materially affects usability...........
Defect(s) of the interior of the          ..............             204
 container (metal, plastic, paper,
 rigid, etc.) e.g., interior damage,
 tear, delamination, missing layer, off-
 odor, interior blisters, etc. that
 materially affects appearance but not
 usability..............................
------------------------------------------------------------------------


                          Table XIII--Acceptance Numbers for Internal Container Defects
----------------------------------------------------------------------------------------------------------------
                                                               Major                           Total
                                                 ---------------------------------------------------------------
     Sample Size (n = number of containers)              Interior Defects                Interior Defects
                                                 ---------------------------------------------------------------
                                                        Ac              Re              Ac              Re
----------------------------------------------------------------------------------------------------------------
n--13...........................................               0               1               2               3
n--21...........................................               1               2               3               4
n--29...........................................               1               2               4               5
n--38...........................................               2               3               5               6
n--48...........................................               2               3               6               7
n--60...........................................               2               3               7               8
----------------------------------------------------------------------------------------------------------------


[78 FR 57046, Sept. 17, 2013]



          Subpart C_Skip Lot Sampling and Inspection Procedures

    Source: 41 FR 42639, Sept. 28, 1976, unless otherwise noted. 
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 
46 FR 63203, Dec. 31, 1981.



Sec.  42.120  Description and qualification.

    Skip lot sampling and inspection are special procedures for 
inspecting stationary lots in which only one-half or one-fourth of the 
lots offered for inspection are formally inspected. Skip lot sampling 
and inspection procedures may be instituted only when all of the 
following conditions are met:
    (a) When authorized by the Administrator and acceptable to the user 
and producer, if different from the user.
    (b) When inspection is origin inspection (see Sec.  42.102).
    (c) When all lots can be expected to be of essentially the same 
quality.
    (d) When lots from the producer are currently on, or eligible to be 
on, either normal or reduced inspection.



Sec.  42.121  Sampling and inspection procedures.

    (a) Following skip lot procedure authorization, inspect every lot 
consecutively offered for inspection using normal inspection procedures 
as set forth in Subpart B of this part. When 10 consecutive lots are 
acceptable, inspect only one-half of the lots offered for inspection 
using normal inspection procedures. While on the one-half inspection 
rate, when 10 consecutively inspected lots are acceptable, inspect only 
one-fourth of the lots offered for

[[Page 205]]

inspection using normal inspection procedures. While on the one-half or 
one-fourth inspection rate, if any formally inspected lot is 
unacceptable, revert immediately to the inspection of every lot using 
normal inspection procedures and recommence the above procedure. See 
Sec.  42.123 for a flow diagram of the skip lot sampling plan.
    (b) Two exceptions to the procedures in paragraph (a) of this 
section are as follows:
    (1) The skip lot sampling and inspection rate of one-half can be 
instituted immediately if the lots from the producer are currently on, 
or eligible to be on, reduced inspection and all other conditions in 
Sec.  42.120 are met. After skip lot sampling and inspection begins, 
however, only normal inspection is permitted.
    (2) While inspecting every lot consecutively as offered for 
inspection, i.e., while not on the one-half or one-fourth sampling and 
inspection rate, if requirements for switching from normal to tightened 
inspection are met as specified in Sec.  42.108 then skip lot procedures 
terminate, tightened inspection is initiated, and stationary lot 
sampling and inspection procedures in Subpart B are instituted. Skip lot 
procedures may be instituted again only when all conditions of Sec.  
42.120 are met.
    (c) All lot selections for the one-half and one-fourth inspection 
rates must be strictly random (for example, not every other lot or every 
fourth lot). Use of random number tables, coin flipping, or numbered 
cards is encouraged.
    (d) Preliminary scanning procedures (see Sec.  42.105) shall be used 
on all lots scheduled for formal inspection and also shall be used on 
lots not scheduled for inspection (``skipped'' lots) whenever the 
inspector feels such action is prudent to further insure the 
acceptability of such lots.



Sec.  42.122  Applicability of other procedures.

    Whenever appropriate, the procedures for classifying and recording 
defects in Sec.  42.106 and for appeal inspections in Sec.  42.108 also 
apply to skip lot sampling and inspection.

[[Page 206]]



Sec.  42.123  Flow diagram for skip lot sampling and inspection.


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    Notes: 1. Only normal inspection is permitted.
    2. All lot selections for the one-half and one-fourth sampling rates 
must be strictly random (for example, not every other lot or every 
fourth lot).
    3. Two exceptions to the procedures shown above are as follows:
    (a) The skip lot sampling and inspection rate of one-half can be 
instituted immediately if the lots from the producer are currently on, 
or eligible to be on, reduced inspection and all other conditions in 
Sec.  42.120 are met. When skip lot inspection begins, however, only 
normal inspection is permitted.
    (b) While inspecting every lot consecutively as offered for 
inspection, i.e., while not on the one-half or one-fourth rate, if 
requirements for switching from normal to tightened inspection are met 
as specified in Sec.  42.108 then skip lot procedures terminate, 
tightened inspection is initiated, and stationary lot sampling and 
inspection procedures in Subpart B are instituted. Skip lot procedures 
may be instituted again only when all conditions of Sec.  42.120 are 
met.



          Subpart D_On-Line Sampling and Inspection Procedures

    Authority: Sec. 203, 205, 60 Stat. 1087, as amended, 1090, as 
amended (7 U.S.C. 1622, 1624).

    Source: 45 FR 69428, Oct. 21, 1980, unless otherwise noted. 
Redesignated at 46 FR 63203, Dec. 31, 1981.

[[Page 207]]



Sec.  42.130  Description and qualifications.

    (a) In many instances, food containers are loaded directly into 
carriers immediately after final packaging. This situation makes 
stationary lot sampling and inspection impractical. For such 
circumstances, the optional procedure for on-line sampling and 
inspection using cumulative sum sampling plans is provided. On-line 
sampling and inspection is a procedure in which subgroups of sampling 
units are selected randomly from predesignated portions of production. 
The acceptability of the portions of production is determined by 
inspecting, at the time of the sampling, the subgroups which represent 
these portions. On-line sampling and inspection contrasts with 
stationary lot procedures in which sample units are selected randomly 
and inspected and lot acceptability determinations are made only after 
lot production is completed.
    (b) On-line sampling and inspection procedures may be instituted 
only when all of the following conditions are met:
    (1) When authorized by the Administrator and acceptable to the user 
and producer, if different from the user.
    (2) When inspection is origin inspection (see Sec.  42.102).
    (3) When previous production lots from the producer are currently 
on, or eligible to be on, either normal or reduced inspection. (When 
shifting from stationary lot sampling and inspection to on-line sampling 
and inspection, normal on-line inspection shall be initially used.)
    (4) When inspection of the containers is performed at a point after 
which all condition of container related characteristics are fixed and 
will not be subject to change during final handling.



Sec.  42.131  Selection of samples.

    (a) Prior to commencement of on-line sampling and inspection, the 
total amount of production for a given day or shift is predicted and is 
then subdivided into conveniently designated portions of production 
approximately equal in size. Portions may be designated by sequential 
numbers (e.g., containers 1 through 500 are portion 1, containers 501 
through 1000 are portion 2, etc.) or by time intervals (e.g., the first 
half hour of production is portion 1, the second half hour of production 
is portion 2, etc.) during which the containers are identified by 
individual production codes for each time interval.
    (b) Determine the number of sample units in a subgroup as follows:

              Type of Inspection and Number of Sample Units

Normal--25
Tightened--50
Reduced--13

    (c) Subgroups are drawn randomly from portions of production 
throughout the production process and are inspected for defects. The 
drawing of sampling units may be done in either of two ways: (1) The 
number of sample units (13, 25 or 50) comprising a subgroup may be drawn 
at the same time from a randomly chosen point in the production of each 
portion, or (2) sample units may be drawn individually, but in a random 
manner, throughout the production of each portion. At least 6 subgroups 
must be obtained during each basic inspection period regardless of the 
system used to designate portions of production.
    (d) A shift to on-line sampling plans from stationary lot sampling 
plans (or vice versa) during a basic inspection period is not permitted.



Sec.  42.132  Determining cumulative sum values.

    (a) The parameters for the on-line cumulative sum sampling plans for 
AQL's applicable to origin inspection are as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                    Type of inspection
                                                                ----------------------------------------------------------------------------------------
                   Acceptable quality levels                                Normal                       Tightened                     Reduced
                                                                ----------------------------------------------------------------------------------------
                                                                     T         L         S         T         L         S         T         L        S
--------------------------------------------------------------------------------------------------------------------------------------------------------
0.25...........................................................      0.05      0.95      0.35       0.1       0.9       0.3       0         0          0
1.5............................................................      0.5       2         1          0.8       1.6       0.4       0.5       0.5        0
6.5............................................................      2         3         1          2.5       3         1         1         2          1
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 208]]

    (b) At the beginning of the basic inspection period, the CuSum value 
is set equal to the starting value (``S'') for the specified CuSum plan. 
The CuSum value is then determined for each consecutive subgroup as 
follows:
    (1) Add the number of defects for the present subgroup to the CuSum 
value of the previous subgroup.
    (2) Subtract the subgroup tolerance (``T'').
    (3) The CuSum value is reset in the following situations; however, 
determine portion of production acceptability (see Sec.  42.133) 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'').



Sec.  42.133  Portion of production acceptance criteria.

    (a) The acceptability of a portion of production is determined by 
comparing the calculated CuSum value with the acceptance limit (``L'') 
for the specified AQL.
    (b) A portion of production is acceptable if the CuSum value, 
calculated from the subgroup representing that portion, is equal to or 
less than the acceptance limit (``L'') for all classes of defects.
    (c) A portion of production is rejected if the CuSum value, 
calculated from the subgroup representing that portion, exceeds the 
acceptance limit (``L'') for one or more classes of defects.



Sec.  42.134  Disposition of rejected portions of production.

    Rejected portions of production from the same basic inspection 
period may be reworked, combined together to form a lot, and resubmitted 
for inspection under the criteria for tightened inspection using 
stationary lot sampling procedures described in subpart B of this part.



Sec.  42.135  Normal, tightened or reduced on-line inspection.

    (a) Normal, tightened and reduced on-line sampling plans are 
specified in Sec.  42.132 (Determining cumulative sum values). Normal 
plans shall be used except when the history of inspection permits 
reduced inspection or requires tightened inspection.
    (b) Switching rules: Normal on-line inspection procedures shall be 
followed except when conditions in paragraph (b) (1) or (3) of this 
section are applicable or unless otherwise specified. Application of the 
following switching rules will be restricted to the inspection of 
production for one applicant at a single production location and will be 
based upon records of original inspections of production (excluding 
resubmitted portions previously rejected and reworked) at that same 
location.
    (1) Normal inspection to reduced inspection. When normal inspection 
is in effect, reduced inspection shall be instituted provided that 
reduced inspection is considered desirable by the Administrator and 
further provided that all of the following conditions are satisfied for 
each class of defect:
    (i) The preceding 40 consecutive portions of production have been on 
normal inspection and no more than one of these portions has been 
rejected on original inspection; and
    (ii) The total number of defects in the subgroups (1000 sample 
units) from these preceding 40 consecutive portions of production is 
less than or equal to the following limit numbers for the specified 
AQL's:

------------------------------------------------------------------------
                  Acceptable quality levels                    Limit No.
------------------------------------------------------------------------
0.25........................................................           0
1.5.........................................................           9
6.5.........................................................          54
------------------------------------------------------------------------

    (2) Reduced inspection to normal inspection. When reduced inspection 
is in effect, normal inspection shall be reinstituted if any of the 
following occurs:
    (i) More than one portion of production in any 40 consecutive 
portions of production is rejected on original inspection; or
    (ii) Production becomes irregular (delayed or accelerated); or
    (iii) Other valid conditions warrant that normal inspection shall be 
reinstituted.
    (3) Normal inspection to tightened inspection. When normal 
inspection is in

[[Page 209]]

effect, tightened inspection shall be instituted when two out of five 
consecutive portions of production have been rejected.
    (4) Tightened inspection to normal inspection. When tightened 
inspection is in effect, normal inspection shall be reinstituted when 
five consecutive portions of production have been considered acceptable.
    (c) When the rules require a switch in the inspection status because 
of one or more classes of defects, all classes of defects shall be 
inspected under the new inspection criteria. At the option of the user 
of the service, and when approved by the Administrator, such user may 
elect to remain on normal inspection when qualified for reduced 
inspection, or on tightened inspection when qualified for normal 
inspection.



Sec.  42.136  Applicability of other procedures.

    When appropriate, the procedures for classifying and recording 
defects in Sec.  42.106 and for appeal inspections in Sec.  42.108 also 
apply to on-line sampling and inspection.



                         Subpart E_Miscellaneous

    Authority: Agricultural Marketing Act of 1946, as amended (7 U.S.C. 
1621 et seq.).



Sec.  42.140  Operating Characteristic (OC) curves for on-line sampling 
and inspection.

    (a) This section contains the Operating Characteristic (OC) curve 
for each of the sampling plans given in Tables I, I-A, II, II-A, III, 
and III-A. The OC curve and the corresponding sampling plans are listed 
by AQL.
    (b) Different acceptance and rejection criteria are provided for 
each AQL. The criteria for each AQL must be obtained from the applicable 
sampling plan tables.
    (c) The curves show the ability of the various sampling plans to 
distinguish between good and bad lots. This can be illustrated by 
examining OC curve 6 for an AQL of 0.25 defects per hundred units in the 
Reduced and Normal Inspection Plans. If the quality of the lots 
submitted for inspection is poorer than the AQL of 0.25 defects per 
hundred units, fewer lots will be accepted. For example, OC curve 6 
shows that when the quality of lots submitted for inspection is 1.0 
defects per hundred units, only 26 percent of the lots are expected to 
be accepted. Conversely when the quality of the lots submitted for 
inspection is better than the AQL of 0.25 defects per hundred units, 
most lots are expected to be accepted. For example, the same OC curve 6 
shows that when the quality of lots submitted for inspection is 0.10 
defects per hundred units, about 99 percent of the lots are expected to 
be accepted.
    (d) The table of sampling plans that correspond to OC curve 6 can be 
found over the curves for an AQL of 0.25 defects per hundred units in 
the Reduced and Normal Inspection Plan. An examination of this table 
reveals that there is one single and one double sampling plan that have 
OC curves comparable to OC curve 6. The first plan listed is a single 
plan requiring the inspection of 500 individual containers. Under this 
plan the lot is accepted as meeting the requirements for an AQL of 0.25 
if there are 3 or less defects in the sample or rejected if there are 4 
or more defects in the sample.
    (e) The next plan that is listed in the column headed 6 for an AQL 
of 0.25 is a double sampling plan that requires the initial inspection 
of 228 individual containers. The lot will be accepted as meeting the 
requirements of an AQL of 0.25 if there are no defects in the sample, 
and rejected if there are 3 or more defects in the sample. In the event 
that the number of defects is between the acceptance (0) and rejection 
(3) numbers, additional containers must be inspected. In this case, the 
table indicates that a total of 516 containers must be inspected before 
a decision can be made to either accept or reject the lot. This will 
require the inspection of 288 more containers (516 - 228 = 288).

If there are 3 or less defects in the total sample, the lot will be 
accepted. If there are 4 or more defects in the total sample, the lot 
will be rejected. The other double sampling plans operate in a similar 
manner with the only differences being the sample sizes and acceptance 
and rejection numbers.

[[Page 210]]



          Reduced and Normal Inspection Plans--Sampling Plans and Operating Characteristic (OC) Curves for AQL = 0.15 Defects per Hundred Units
                                                              [Sampling plans--AQL = 0.15]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              Identification number of OC curve
                                   ---------------------------------------------------------------------------------------------------------------------
     Comparable sampling plans          R1          R2           R3           R4           N4           N5           N6           N7            N8
                                   ---------------------------------------------------------------------------------------------------------------------
                                    nc  Ac  Re  nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re    nc    Ac  Re
--------------------------------------------------------------------------------------------------------------------------------------------------------
Single............................  29   1   2  84   1   2  126   0   1  315   1   2  168   1   2  264   1   2  500   2   3  800   3   4   1,250   4   5
--------------------------------------------------------------------------------------------------------------------------------------------------------
Double............................  18   0   2  36   0   2  ...  ..  ..  ...  ..  ..  120   0   2  174   0   2  252   0   3  456   0   4
                                    36   1   2  96   1   2  ...  ..  ..  ...  ..  ..  180   1   2  336   1   2  540   2   3  864   3   4
--------------------------------------------------------------------------------------------------------------------------------------------------------
nc = Cumulative sample size. Ac = Acceptance number. Re = Rejection number.


[[Page 211]]

[GRAPHIC] [TIFF OMITTED] TC02SE91.001


[[Page 212]]


 Tightened Inspection Plans--Sampling Plans and Operating Characteristic (OC) Curves for AQL = 0.15 Defects per
                                                  Hundred Units
                                          [Sampling plans--AQL = 0.15]
----------------------------------------------------------------------------------------------------------------
                                                      Identification number of OC curves
                             -----------------------------------------------------------------------------------
  Comparable sampling plans            1                    2                    3                    4
                             -----------------------------------------------------------------------------------
                                nc     Ac     Re     nc     Ac     Re     nc     Ac     Re     nc     Ac     Re
----------------------------------------------------------------------------------------------------------------
Single......................    264      0      1    500      1      2    800      2      3  1,250      3      4
----------------------------------------------------------------------------------------------------------------
Double......................  .....  .....  .....    360      0      2    456      0      3    576      0      3
                              .....  .....  .....    516      1      2    864      2      3  1,296      3      4
----------------------------------------------------------------------------------------------------------------
nc = Cumulative sample size. Ac = Acceptance number. Re = Rejection number.

[GRAPHIC] [TIFF OMITTED] TC02SE91.002


[[Page 213]]


          Reduced and Normal Inspection Plans--Sampling Plans and Operating Characteristic (OC) Curves for AQL = 0.25 Defects per Hundred Units
                                                              [Sampling plans--AQL = 0.25]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                            Identification number OC curves
                                                              ------------------------------------------------------------------------------------------
                  Comparable sampling plans                        R1          N2           R3        N and R4      N and R5         N6           N7
                                                              ------------------------------------------------------------------------------------------
                                                               nc  Ac  Re  nc  Ac  Re  nc   Ac  Re   nc   Ac  Re   nc   Ac  Re   nc  Ac  Re   nc  Ac  Re
--------------------------------------------------------------------------------------------------------------------------------------------------------
Single.......................................................  29   1   2  84   0   1  84    1   2  168    1   2  315    2   3  500   3   4  800   4   5
--------------------------------------------------------------------------------------------------------------------------------------------------------
Double.......................................................  18   0   2  ..  36   0   2  120   0    2  168   0    3  228   0    3
                                                               18   1   2  ..  96   1   2  180   1    2  348   2    3  516   3    4
--------------------------------------------------------------------------------------------------------------------------------------------------------
nc = Cumulative sample size. Ac = Acceptance number. Re = Rejection number.

[GRAPHIC] [TIFF OMITTED] TC02SE91.003


[[Page 214]]


 Tightened Inspection Plans--Sampling Plans and Operation Characteristics (OC) Curves for AQL = 0.25 Defects per
                                                  Hundred Units
                                          [Sampling plans--AQL = 0.25]
----------------------------------------------------------------------------------------------------------------
                                                               Identification number of OC curves
                                              ------------------------------------------------------------------
          Comparable sampling plans                 1            2            3            4             5
                                              ------------------------------------------------------------------
                                                nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re    nc   Ac  Re
----------------------------------------------------------------------------------------------------------------
Single.......................................  168   0   1  315   1   2  500   2   3  800   3   4  1,250   4   5
----------------------------------------------------------------------------------------------------------------
Double.......................................  ...  ..  ..  168   0   2  228   0   3  456   0   4
                                               ...  ..  ..  348   1   2  516   2   3  864   3   4
----------------------------------------------------------------------------------------------------------------
nc = Cumulative sample size. Ac = Acceptance number. Re = Rejection number.

[GRAPHIC] [TIFF OMITTED] TC02SE91.004


[[Page 215]]


   Reduced and Normal Inspection Plans--Sampling Plans and Operating Characteristic (OC) Curves for AQL = 0.50
                                            Defects per Hundred Units
                                          [Sampling plans--AQL = 0.50]
----------------------------------------------------------------------------------------------------------------
                                                          Identification number of OC curves
                                     ---------------------------------------------------------------------------
      Comparable sampling plans           R1       N and R2     N and R3     N and R4        N5           N6
                                     ---------------------------------------------------------------------------
                                      nc  Ac  Re  nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re
----------------------------------------------------------------------------------------------------------------
Single..............................  29   1   2  84   1   2  168   2   3  315   3   4  500   5   6  800   7   8
----------------------------------------------------------------------------------------------------------------
Double..............................  18   0   2  36   0   2  120   0   3  168   0   4  228   0   5
                                      36   1   2  96   1   2  180   2   3  348   3   4  516   5   6
----------------------------------------------------------------------------------------------------------------
nc = Cumulative sample size. Ac = Acceptance number. Re = Rejection number.

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 Tightened Inspection Plans--Sampling Plans and Operating Characteristic (OC) Curves for AQL = 0.50 Defects per
                                                  Hundred Units
                                          [Sampling plans--AQL = 0.50]
----------------------------------------------------------------------------------------------------------------
                                                               Identification number of OC curves
                                              ------------------------------------------------------------------
          Comparable sampling plans                 1            2            3            4             5
                                              ------------------------------------------------------------------
                                                nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re    nc   Ac  Re
----------------------------------------------------------------------------------------------------------------
Single.......................................  168   1   2  315   2   3  500   3   4  800   4   5  1,250   6   7
----------------------------------------------------------------------------------------------------------------
Double.......................................  120   0   2  168   0   3  228   0   3  456   1   5
                                               180   1   2  348   2   3  516   3   4  864   4   5
----------------------------------------------------------------------------------------------------------------
nc = Cumulative sample size. Ac = Acceptance number. Re = Rejection number.

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   Reduced and Normal Inspection Plans--Sampling Plans and Operating Characteristic (OC) Curves for AQL = 1.00
                                            Defects per Hundred Units
                                          [Sampling plans--AQL = 1.00]
----------------------------------------------------------------------------------------------------------------
                                                          Identification number of OC curves
                                     ---------------------------------------------------------------------------
      Comparable sampling plans           R1       N and R2     N and R3     N and R4        N5           N6
                                     ---------------------------------------------------------------------------
                                      nc  Ac  Re  nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re
----------------------------------------------------------------------------------------------------------------
Single..............................  29   1   2  84   2   3  168   4   5  315   6   7  500   9  10  800  13  14
----------------------------------------------------------------------------------------------------------------
Double..............................  18   0   2  36   0   3  120   2   5  168   1   5  228   2   7
                                      36   1   2  96   2   3  180   4   5  348   7   8  516   9  10
----------------------------------------------------------------------------------------------------------------
nc = Cumulative sample size. Ac = Acceptance number. Re = Rejection number.

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[[Page 218]]


 Tightened Inspection Plans--Sampling Plans and Operating Characteristic (OC) Curves for AQL = 1.00 Defects per
                                                  Hundred Units
                                          [Sampling plans--AQL = 1.00]
----------------------------------------------------------------------------------------------------------------
                                                               Identification number of OC curves
                                              ------------------------------------------------------------------
          Comparable sampling plans                 1            2            3            4             5
                                              ------------------------------------------------------------------
                                                nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re    nc   Ac  Re
----------------------------------------------------------------------------------------------------------------
Single.......................................  168   2   3  315   3   4  500   5   6  800   7   8  1,250  10  11
----------------------------------------------------------------------------------------------------------------
Double.......................................  120   0   3  168   0   4  228   0   5  456   2   6
                                               180   2   3  348   3   4  516   5   6  864   8   9
----------------------------------------------------------------------------------------------------------------
nc = Cumulative sample size Ac = Acceptance number. Re = Rejection number.

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[[Page 219]]


   Reduced and Normal Inspection Plans--Sampling Plans and Operating Characteristic (OC) Curves for AQL = 1.50
                                            Defects per Hundred Units
                                          [Sampling plans--AQL = 1.50]
----------------------------------------------------------------------------------------------------------------
                                                          Identification number of OC curves
                                     ---------------------------------------------------------------------------
      Comparable sampling plans           R1       N and R2     N and R3     N and R4        N5           N6
                                     ---------------------------------------------------------------------------
                                      nc  Ac  Re  nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re
----------------------------------------------------------------------------------------------------------------
Single..............................  29   1   2  84   3   4  168   5   6  315   8   9  500  12  13  800  18  19
----------------------------------------------------------------------------------------------------------------
Double..............................  18   0   2  36   0   4  120   2   6  168   2   7  228   3   9
                                      36   1   2  96   3   4  180   5   6  348   9  10  516  12  13
----------------------------------------------------------------------------------------------------------------
nc = Cumulative sample size. Ac = Acceptance number. Re = Rejection number.

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[[Page 220]]


 Tightened Inspection Plans--Sampling Plans and Operating Characteristic (OC) Curves for AQL = 1.50 Defects per
                                                  Hundred Units
                                          [Sampling plans--AQL = 1.50]
----------------------------------------------------------------------------------------------------------------
                                                               Identification number of OC curves
                                              ------------------------------------------------------------------
          Comparable sampling plans                 1            2            3            4             5
                                              ------------------------------------------------------------------
                                                nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re    nc   Ac  Re
----------------------------------------------------------------------------------------------------------------
Single.......................................  168   4   5  315   6   7  500   9  10  800  13  14  1,250  19  20
----------------------------------------------------------------------------------------------------------------
Double.......................................  120   2   5  168   1   5  228   2   7  456   5  10
                                               180   4   5  348   7   8  516   9  10  864  14  15
----------------------------------------------------------------------------------------------------------------
nc = Cumulative sample size. Ac = Acceptance number. Re = Rejection number.

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[[Page 221]]


   Reduced and Normal Inspection Plans--Sampling Plans and Operating Characteristic (OC) Curves for AQL = 2.50
                                            Defects per Hundred Units
                                          [Sampling plans--AQL = 2.50]
----------------------------------------------------------------------------------------------------------------
                                                          Identification number of OC curves
                                     ---------------------------------------------------------------------------
      Comparable sampling plans           R1       N and R2     N and R3     N and R4        N5           N6
                                     ---------------------------------------------------------------------------
                                      nc  Ac  Re  nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re
----------------------------------------------------------------------------------------------------------------
Single..............................  29   2   3  84   4   5  168   7   8  315  13  14  500  18  19  800  27  28
----------------------------------------------------------------------------------------------------------------
Double..............................  18   0   3  36   0   4  120   3   7  168   5  10  228   5  11
                                      36   2   3  96   4   5  180   8   9  348  14  15  516  19  20
----------------------------------------------------------------------------------------------------------------
nc = Cumulative sample size. Ac = Acceptance number. Re = Rejection number.

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[[Page 222]]


 Tightened Inspection Plans--Sampling Plans and Operating Characteristic (OC) Curves for AQL = 2.50 Defects per
                                                  Hundred Units
                                          [Sampling plans--AQL = 2.50]
----------------------------------------------------------------------------------------------------------------
                                                               Identification number of OC curves
                                              ------------------------------------------------------------------
          Comparable sampling plans                 1            2            3            4             5
                                              ------------------------------------------------------------------
                                                nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re    nc   Ac  Re
----------------------------------------------------------------------------------------------------------------
Single.......................................  168   5   6  315   8   9  500  12  13  800  18  19  1,250  26  27
----------------------------------------------------------------------------------------------------------------
Double.......................................  120   2   6  168   2   7  228   3   9  456   8  13
                                               180   5   6  348   9  10  516  12  13  864  19  20
----------------------------------------------------------------------------------------------------------------
nc = Cumulative sample size. Ac = Acceptance number. Re = Rejection number.

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[[Page 223]]


   Reduced and Normal Inspection Plans--Sampling Plans and Operating Characteristic (OC) Curves for AQL = 4.00
                                            Defects per Hundred Units
                                          [Sampling plans--AQL = 4.00]
----------------------------------------------------------------------------------------------------------------
                                                          Identification number of OC curves
                                     ---------------------------------------------------------------------------
      Comparable sampling plans           R1       N and R2     N and R3     N and R4        N5           N6
                                     ---------------------------------------------------------------------------
                                      nc  Ac  Re  nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re
----------------------------------------------------------------------------------------------------------------
Single..............................  29   3   4  84   6   7  168  11  12  315  19  20  500  28  29  800  42  43
----------------------------------------------------------------------------------------------------------------
Double..............................  18   1   3  36   0   5  120   6  10  168   7  13  228   8  17
                                      36   4   5  96   7   8  180  12  13  348  21  22  516  29  30
----------------------------------------------------------------------------------------------------------------
nc = Cumulative sample size. Ac = Acceptance number. Re = Rejection number.

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[[Page 224]]


 Tightened Inspection Plans--Sampling Plans and Operating Characteristic (OC) Curves for AQL = 4.00 Defects per
                                                  Hundred Units
                                          [Sampling plans--AQL = 4.00]
----------------------------------------------------------------------------------------------------------------
                                                               Identification number of OC curves
                                              ------------------------------------------------------------------
          Comparable sampling plans                 1            2            3            4             5
                                              ------------------------------------------------------------------
                                                nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re    nc   Ac  Re
----------------------------------------------------------------------------------------------------------------
Single.......................................  168   7   8  315  13  14  500  18  19  800  27  28  1,250  41  42
----------------------------------------------------------------------------------------------------------------
Double.......................................  120   3   7  168   5  10  228   5  11  456  12  19
                                               180   8   9  348  14  15  516  19  20  864  29  30
----------------------------------------------------------------------------------------------------------------
nc = Cumulative sample size. Ac = Acceptance number. Re = Rejection number.

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[[Page 225]]


   Reduced and Normal Inspection Plans--Sampling Plans and Operating Characteristic (OC) Curves for AQL = 2.50
                                            Defects per Hundred Units
                                          [Sampling plans--AQL = 6.50]
----------------------------------------------------------------------------------------------------------------
                                                          Identification number of OC curves
                                     ---------------------------------------------------------------------------
      Comparable sampling plans           R1       N and R2     N and R3     N and R4        N5           N6
                                     ---------------------------------------------------------------------------
                                      nc  Ac  Re  nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re
----------------------------------------------------------------------------------------------------------------
Single..............................  29   4   5  84   9  10  168  16  17  315  28  29  500  42  43  800  64  65
----------------------------------------------------------------------------------------------------------------
Double..............................  18   1   4  36   2   7  120  10  14  168  12  18  228  15  24
                                      36   5   6  96  10  11  180  17  18  348  31  32  516  43  44
----------------------------------------------------------------------------------------------------------------
nc = Cumulative sample size. Ac = Acceptance number. Re = Rejection number.

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[[Page 226]]


 Tightened Inspection Plans--Sampling Plans and Operating Characteristic (OC) Curves for AQL = 6.50 Defects per
                                                  Hundred Units
                                          [Sampling plans--AQL = 6.50]
----------------------------------------------------------------------------------------------------------------
                                                               Identification number of OC curves
                                              ------------------------------------------------------------------
          Comparable sampling plans                 1            2            3            4             5
                                              ------------------------------------------------------------------
                                                nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re    nc   Ac  Re
----------------------------------------------------------------------------------------------------------------
Single.......................................  168  11  12  315  19  20  500  28  29  800  42  43  1,250  63  64
----------------------------------------------------------------------------------------------------------------
Double.......................................  120   6  10  168   7  13  228   8  17  456  21  28
                                               180  12  13  348  21  22  516  29  30  864  44  45
----------------------------------------------------------------------------------------------------------------
nc = Cumulative sample size. Ac = Acceptance number. Re = Rejection number.

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[[Page 227]]


  Reduced and Normal Inspection Plans--Sampling Plans and Operating Characteristic (OC) Curves for AQL = 10.00
                                            Defects per Hundred Units
                                          [Sampling plans--AQL = 10.00]
----------------------------------------------------------------------------------------------------------------
                                                          Identification number of OC curves
                                     ---------------------------------------------------------------------------
      Comparable sampling plans           R1       N and R2     N and R3     N and R4        N5           N6
                                     ---------------------------------------------------------------------------
                                      nc  Ac  Re  nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re
----------------------------------------------------------------------------------------------------------------
Single..............................  29   5   6  84  13  14  168  23  24  315  41  42  500  62  63  800  95  96
----------------------------------------------------------------------------------------------------------------
Double..............................  18   2   5  36   3   9  120  14  19  168  19  26  228  23  34
                                      36   6   7  96  15  16  180  25  26  348  45  46  516  64  65
----------------------------------------------------------------------------------------------------------------
nc = Cumulative sample size. Ac = Acceptance number. Re = Rejection number.

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[[Page 228]]


 Tightened Inspection Plans--Sampling Plans and Operating Characteristic (OC) Curves for AQL = 10.00 Defects per
                                                  Hundred Units
                                          [Sampling plans--AQL = 10.00]
----------------------------------------------------------------------------------------------------------------
                                                               Identification number of OC curves
                                              ------------------------------------------------------------------
          Comparable sampling plans                 1            2            3            4             5
                                              ------------------------------------------------------------------
                                                nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re    nc   Ac  Re
----------------------------------------------------------------------------------------------------------------
Single.......................................  168  16  17  315  28  29  500  42  43  800  64  65  1,250  96  97
----------------------------------------------------------------------------------------------------------------
Double.......................................  120  10  14  168  12  18  228  15  24  456  32  41
                                               180  17  18  348  31  32  516  43  44  864  69  70
----------------------------------------------------------------------------------------------------------------
nc = Cumulative sampling size. Ac = Acceptance number. Re = Rejection number.

[GRAPHIC] [TIFF OMITTED] TC02SE91.018


[31 FR 4687, Mar. 19, 1966; 31 FR 4949, Mar. 25, 1966, as amended at 36 
FR 18457, Sept. 15, 1971. Redesignated at 41 FR 42640, Sept. 28, 1976 
and 42 FR 32514, June 27, 1977, further redesignated at 45 FR 69424, 
Oct. 21, 1980 and 46 FR 63203, Dec. 31, 1981]

[[Page 229]]



Sec.  42.141  Obtaining Operating Characteristic (OC) curve information for 
skip lot sampling and inspection.

    The Operating Characteristic (OC) curve information (probability of 
acceptance) for skip lot sampling and inspection procedures described in 
Sec.  42.121 is easily obtained from the single curve in Sec.  42.142. 
The procedure for using the curve in Sec.  42.142 is as follows:
    (a) Select any sampling plan for normal condition of container 
inspection from Table I or Table I-A of Sec.  42.109.
    (b) For a given Quality of Submitted Lots, 100p, find the 
Percent of Lots Expected to be Accepted, Pa from the respective OC curve 
in Sec.  42.140.
    (c) Refer to Sec.  42.142 with this Percent of Lots Expected to be 
Accepted, Pa, and read the new Percent of Lots Expected to be Accepted, 
Pas, which results when using these skip lot procedures.

For example, let's assume the lot size is 6,001 to 12,000 containers, 
and we use the single sampling plan of size 168 for normal inspection 
(Table I of Sec.  42.109) along with an AQL for total defects of 6.5. 
The OC curve for this sampling plan is curve N and R3. Also, assume that 
the quality of the lot is 6.5 defects per hundred units. From curve N 
and R3, then, the Pa is determined to be 95 percent. Then refer to the 
graph in Sec.  42.142 and locate Pa of 95 percent along the horizontal 
axis. From this point, proceed vertically to the curve and then 
horizontally to the left to the vertical axis. From this point on the 
vertical axis, Pas is determined to be approximately 98 \1\ percent for 
skip lot sampling and inspection.
---------------------------------------------------------------------------

    \1\ This slight increase of Pas over Pa results because all the lots 
offered for inspection are no longer being inspected. Some lots are 
being ``skipped'', and thereby accepted, which would have been rejected 
if inspected. The largest increase in Pa which will occur using skip lot 
sampling is approximately 4 percent. It is for this reason that skip lot 
sampling procedures are applied only in instances where past production 
quality has been consistently high--as evidenced by the requirement to 
have 10 consecutively acceptable lots prior to a reduction in sampling 
rate--and where all requirements in Sec.  42.120 also have been met.

[41 FR 42641, Sept. 28, 1976. Redesignated at 42 FR 32514, June 27, 1977 
and 45 FR 69424, Oct. 21, 1980 and further redesignated at 46 FR 63203, 
Dec. 31, 1981]

[[Page 230]]



Sec.  42.142  Curve for obtaining Operating Characteristic (OC) curve information 
for skip lot sampling and inspection.


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    Notes: 1. This curve applies only to the specific skip lot sampling 
and inspection plan described in Sec. Sec.  42.121 and 42.123.
    2. Pa and Pas are essentially equal for values under 50 percent.

[41 FR 42641, Sept. 28, 1976. Redesignated at 42 FR 32514, June 27, 1977 
and further redesignated at 45 FR 69424, Oct. 21, 1980 and 46 FR 63203, 
Dec. 31, 1981]

[[Page 231]]



Sec.  42.143  Operating Characteristic (OC) curves for on-line sampling 
and inspection.

    (a) This section contains the Operating Characteristic (OC) curve 
for each of the on-line cumulative sum sampling plans provided in 
subpart D. The OC curve and the corresponding cumulative sum sampling 
plans are listed by AQL.
    (b) Different plan parameters used to make acceptance and rejection 
decisions are provided for each AQL.
    (c) The curves show the ability of the various cumulative sum 
sampling plans to distinguish between good and bad portions of 
production. The interpretation of these curves for portions of 
production is similar to the interpretation of the OC curves for 
stationary lots as illustrated in Sec.  42.140(c).

[[Page 232]]



 Reduced, Normal and Tightened Inspection Plans--Cumulative Sum Sampling Plans and Operating Characteristic (OC)
                                 Curves for AQL = 0.25 Defects per Hundred Units
                                          [Sampling plans--AQL = 0.25]
----------------------------------------------------------------------------------------------------------------
                                        Identification name of OC curves
-----------------------------------------------------------------------------------------------------------------
                Reduced                                Normal                              Tightened
----------------------------------------------------------------------------------------------------------------
   ng         T         L         S        ng         T        L        S        ng       T        L        S
----------------------------------------------------------------------------------------------------------------
     13         0         0         0        25      0.05     0.95     0.35       50      0.1      0.9      0.3
----------------------------------------------------------------------------------------------------------------
ng = Number of sample units in a subgroup. T = Subgroup tolerance. L = Acceptance limit. S = Starting value.

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[[Page 233]]


Reduced, Normal, and Tightened Inspection Plans--Cumulative Sum Sampling Plans and Operating Characteristic (OC)
                                 Curves for AQL = 1.5 Defects per Hundred Units
                                           [Sampling plans--AQL = 1.5]
----------------------------------------------------------------------------------------------------------------
                                        Identification name of OC curves
-----------------------------------------------------------------------------------------------------------------
                Reduced                                Normal                              Tightened
----------------------------------------------------------------------------------------------------------------
   ng         T         L         S        ng         T        L        S        ng       T        L        S
----------------------------------------------------------------------------------------------------------------
     13       0.5       0.5         0        25       0.5        2        1       50      0.8      1.6      0.4
----------------------------------------------------------------------------------------------------------------
ng = Number of sample units in a subgroup. T = Subgroup tolerance. L = Acceptance limit. S = Starting value.

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[[Page 234]]


  Reduced, Normal, and Tightened Inspection Plans--Cumulative Sampling Plans and Operating Characteristic (OC)
                                 Curves for AQL = 6.5 Defects per Hundred Units
                                           [Sampling Plans--AQL = 6.5]
----------------------------------------------------------------------------------------------------------------
                                        Identification name of OC curves
-----------------------------------------------------------------------------------------------------------------
                Reduced                                Normal                              Tightened
----------------------------------------------------------------------------------------------------------------
   ng         T         L         S        ng         T        L        S        ng       T        L        S
----------------------------------------------------------------------------------------------------------------
     13         1         2         1        25         2        3        1       50      2.5        3        1
----------------------------------------------------------------------------------------------------------------
ng = Number of sample units in a subgroup. T = Subgroup tolerance. L = Acceptance limit. S = Starting value.

[GRAPHIC] [TIFF OMITTED] TC02SE91.022


[45 FR 69424; Oct. 21, 1980. Redesignated at 46 FR 63203, Dec. 31, 1981]

[[Page 235]]



PART 43_STANDARDS FOR SAMPLING PLANS--Table of Contents



                               Definitions

Sec.
43.101 Meaning of words.
43.102 Definitions.

                             Sampling Plans

43.103 Purpose and scope.
43.104 Master table of single and double sampling plans.
43.105 Operating characteristics (OC) curves.
43.106 Choosing AQL's and sampling plans.

    Authority: Secs. 203, 205, 60 Stat. 1087, as amended, 1090, as 
amended; 7 U.S.C. 1622, 1624.

    Source: 29 FR 5870, May 5, 1964, unless otherwise noted. 
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 
46 FR 63203, Dec. 31, 1981.

                               Definitions



Sec.  43.101  Meaning of words.

    Words used in this subpart in the singular form shall be considered 
to impart the plural, or vice versa, as the case may demand.



Sec.  43.102  Definitions.

    Statistical and inspection or sampling terms and their respective 
definitions that are used in the sampling plans and operating 
characteristic curves of which are pertinent to the understanding of 
inspection by attributes follow:
    Acceptable quality level (AQL). The AQL is expressed in terms of 
percent defective or defects per 100 units. Lots having a quality level 
equal to a specified AQL will be accepted approximately 95 percent of 
the time when using the sampling plans prescribed for that AQL.
    Acceptance number (Ac). The number in a sampling plan that indicates 
the maximum number of defects or defectives permitted in a sample in 
order to consider a lot as meeting a specific requirement.
    Acceptance sampling. The art or science that deals with procedures 
in which decisions to accept or reject lots or processes are based on 
the examination of samples.
    Attributes. Refers to the measurement of a given factor noting and 
recording the presence or absence of some characteristic (attribute) in 
each of the units in the group under consideration.
    Consumer's risk. The risk a consumer takes that a lot will be 
accepted by a sampling plan even though the lot does not conform to 
requirements. In the standards of this subpart this risk is nominally 
set at ten percent.
    Consumer protection. The ability of a sampling plan to reject 
unacceptable supplies. This is measured as the complement of the 
probability of acceptance (Pa) for the Limited Quality (LQ) lots. The 
consumer protection is 90 percent in these standards.
    Defect. A failure to meet a requirement imposed on a unit with 
respect to a single quality characteristic. A unit may contain more than 
one defect.
    Defective. A defective unit; one containing one or more defects with 
respect to the quality characteristic(s) under consideration.
    Inspection. The examination (including testing) of supplies 
(including, when appropriate, raw materials, components and intermediate 
assemblies).
    (a) Acceptance inspection. An inspection to determine conformance of 
supplies to specified requirements in order to accept or reject the 
supplies.
    (b) Estimation inspection. In dealing with attributes, an inspection 
to determine the amount of the supplies conforming to a specified 
requirement--usually expressed as a percentage.
    Inspection by attributes. Inspection whereby either the sample unit 
is classified as defective or non-defective with respect to a 
requirement or set of requirements (when on a ``defective'' basis); or, 
inspection whereby the number of defects in each sample unit is counted 
with respect to a requirement or set of requirements (when on a 
``defect'' basis).
    Limiting quality (LQ). The LQ is expressed in terms of percent 
defective or defects per 100 units. Lots inspected under the standards 
of this subpart that have a ten percent probability of acceptance are 
referred to as a lot having a quality level equal to LQ.
    Lot. A collection of units of the same size, type and style which 
has been

[[Page 236]]

manufactured or processed under essentially the same conditions. The 
term shall mean ``inspection lot,'' i.e., a collection of units of 
product from which a sample is to be drawn and inspected to determine 
conformance with the acceptability criteria. An inspection lot may 
differ from a collection of units designated as a lot for other purposes 
(e.g., production lot, shipping lot, etc.).
    Lot size. The number of units in the lot.
    Operating characteristic curve (OC curve). A curve that gives the 
probability of acceptance as a function of a specific lot quality level.
    Probability of acceptance (Pa). For a given sampling plan and a 
given quality of inspection lots, is that percentage of inspection lots 
expected to be accepted.
    Process capability. Performance of a process under normal operating 
conditions. The performance is measured with respect to specific 
characteristics.
    Producer's risk. The risk that a producer takes that a lot will be 
rejected by a sampling plan even though the lot conforms to 
requirements. In the standards of this subpart this risk is nominally 
set at five percent.
    Random sampling. A process of selecting a sample from a lot whereby 
each unit in the lot has an equal chance of being chosen. Ordinary 
haphazard choice is generally insufficient to guarantee randomness. 
Devices such as tables of random numbers are used to remove subjective 
biases inherent in personal choice.
    Rejection number (Re). The number in a sampling plan that indicates 
the minimum number of defects or defectives permitted in a sample that 
will cause a lot to fail a specific requirement.
    Sample. Any number of sample units which are to be used for 
inspection.
    Sample size. The number of sample units which are to be included in 
the sample.
    Sample unit. A container, the entire contents of a container, a 
portion of the contents of a container, a composite mixture of a 
product, or any other unit of container or commodity to be used for 
inspection.
    Sampling. The act of drawing or selecting sample units from a given 
lot.
    Sampling plan. A specific plan which states the sample size(s), 
acceptance number(s) and rejection number(s). In the standards of this 
subpart two types of sampling plans are provided:
    (a) Single sampling plan. A sampling inspection scheme in which a 
decision to accept or reject an inspection lot is based on the 
inspection of a single sample. A single sampling plan consists of a 
single sample size with associated acceptance and rejection number(s).
    (b) Double sampling plan. A sampling inspection scheme which 
involves use of two independently drawn but related samples, a first 
sample (n1) and a second sample which is added to the first 
to form a total sample size (nt). A double sampling plan 
consists of a first and total sample size with associated acceptance and 
rejection number(s). Inspection of the first sample leads to a decision 
to accept, to reject, or to take a second sample and the examination of 
a second sample, when required, always leads to a decision to accept or 
reject.

                             Sampling Plans



Sec.  43.103  Purpose and scope.

    (a) This subpart contains selected single and double sampling plans 
for inspection by attributes. They are to serve as a source of plans for 
developing sound specifications, standards, or sampling and inspection 
procedures.
    (b) The sampling plans of this subpart and corresponding operating 
characteristic curves are indexed by acceptable quality level, AQL. The 
AQL's expressed in percent defectives or defects per hundred units are:

        0.065               0.40                2.5               8.5
         0.10               0.65                4.0              10.0
         0.15                1.0                5.0              12.5
         0.25                1.5                6.5              15.0
 



Sec.  43.104  Master table of single and double sampling plans.

    (a) In the master table, a sampling plan is selected by first 
determining the sample size or sizes and AQL to be used. Then find the 
applicable acceptance (Ac) and rejection (Re) numbers at the 
intersection of the sample size(s) row and AQL column. These numbers 
together with the sample size or sizes constitute a sampling plan.

[[Page 237]]

    (b) Single sampling plans having a sample size of 66 or greater and 
an acceptance number of 1 are not included in the Master Table. These 
plans are listed in the tables which supplement the Master Table and 
accompany the OC curves as indexes to the comparable double sampling 
plans. The use of these single sampling plans do not facilitate the 
practice of using two or more AQL's simultaneously with the same sample 
size.



Sec.  43.105  Operating characteristics (OC) curves.

    The OC curves shows the ability of the various sampling plans, 
presented for each AQL, to distinguish between lots of different 
quality.



Sec.  43.106  Choosing AQL's and sampling plans.

    (a) The selection of AQL's and sampling plans for given lot sizes 
depends on too many factors to permit the issuance of a ``pre-selected'' 
standard set of plans for specified lot sizes. Each user of the 
standards of this subpart should select AQL's and sampling plans that 
are tailored to best meet his needs.
    (b) Some of the factors that must be considered prior to selecting 
the AQL's are:
    (1) Class of defects such as major and minor: Major defects would 
generally require lower AQL's than those for minor defects;
    (2) Process capabilities under good commercial practice with respect 
to the defects in question: For example, if under normal production 
processes, the defect level cannot be kept below 2.0 percent defective, 
the selection of an AQL of 0.15 percent defective, although desirable 
for the defects in question, may not be practical;
    (3) Consumer preferences: These may require higher AQL's or permit 
lower AQL's than process capabilities would indicate; and
    (4) Time and cost required to sample and inspect a lot under various 
AQL's: The smaller the AQL the more time and cost of inspection.
    (c) Some of the factors that may be considered prior to selecting 
the sampling plans for given lot sizes are:
    (1) The applicable AQL(s): The AQL dictates, among other things, the 
smallest sample size that can be used and the size of the ``jumps'' from 
one sample size to the next larger one;
    (2) The relative ability of the plans to discriminate between 
``good'' and ``bad'' lots: Although several plans in these standards 
have the same AQL, they differ in their ability to reject lots worse 
than the AQL's. The OC curve in the standards of this subpart provide 
the basis for determining the discriminating ability of each plan;
    (3) The amount, time, and cost of sampling required;
    (4) The size and value of the lots relative to the producer and 
consumer protection a sampling plan affords: One may be willing to take 
larger risks of passing ``bad'' lots that are small or of lesser value 
than they would for larger more valuable lots;
    (5) The knowledge about the lot(s) to be submitted for inspection: 
Lots consisting of product produced under essentially the same 
conditions may require smaller sample sizes than those consisting of 
product produced by different shifts and different raw stock for 
example; and
    (6) The record of the quality level of previously submitted lots: 
The sample size can be smaller for lots submitted from a supplier with a 
consistent record of quality levels significantly better than the 
specified AQL(s) than sample sizes for the supplier whose records show 
considerable variability in quality, ``borderline'' supplies or product 
worse than the AQL.

[[Page 238]]



                                                                                          Master Table of Single and Double Sampling Plans \1\
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                   Acceptable quality levels
                                                                                     ---------------------------------------------------------------------------------------------------------------------------------------------------
             Sample size code letter                          Sample size              0.065     0.10     0.15     0.25     0.40     0.65     1.0      1.5      2.5      4.0      5.0      6.5      8.5      10.0      12.5       15.0
                                                                                     ---------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       Ac Re    Ac Re    Ac Re    Ac Re    Ac Re    Ac Re    Ac Re    Ac Re    Ac Re    Ac Re    Ac Re    Ac Re    Ac Re    Ac Re     Ac Re      Ac Re
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AA..............................................  n1=1..............................  .......  .......  .......  .......  .......  .......  .......  .......  .......  .......  .......  .......  .......  .......  .........        0 1
A...............................................  n1=2..............................  .......  .......  .......  .......  .......  .......  .......  .......  .......  .......  .......  .......  .......      0 1
B...............................................  n1=3..............................  .......  .......  .......  .......  .......  .......  .......  .......  .......  .......  .......      0 1  .......  .......        0 3        1 2
                                                  nt=8..............................  .......  .......  .......  .......  .......  .......  .......  .......  .......  .......  .......  .......  .......  .......        2 3
C...............................................  n1=4..............................  .......  .......  .......  .......  .......  .......  .......  .......  .......  .......      0 1  .......  .......      1 2
D...............................................  n1=5..............................  .......  .......  .......  .......  .......  .......  .......  .......  .......      0 1  .......  .......      1 2
E...............................................  n1=6..............................  .......  .......  .......  .......  .......  .......  .......  .......  .......  .......  .......      1 2  .......  .......  .........        2 3
EE..............................................  n1=7..............................  .......  .......  .......  .......  .......  .......  .......  .......  .......  .......  .......  .......  .......  .......        2 3
F...............................................  n1=9..............................  .......  .......  .......  .......  .......  .......  .......  .......      0 1  .......      1 2  .......  .......      2 3  .........        3 4
G...............................................  n1=11.............................  .......  .......  .......  .......  .......  .......  .......  .......  .......      1 2  .......  .......      2 3  .......        3 4
H...............................................  n1=13.............................  .......  .......  .......  .......  .......  .......  .......      0 1  .......  .......  .......      2 3  .......      3 4  .........        4 5
J...............................................  n1=21.............................  .......  .......  .......  .......  .......  .......      0 1      0 2      0 2      2 3      1 4      3 4      3 5      4 5        5 6        6 7
                                                  nt=31.............................  .......  .......  .......  .......  .......  .......  .......      1 2      2 3  .......      3 4  .......      5 6
K...............................................  n1=29.............................  .......  .......  .......  .......  .......      0 1      0 2      1 2      2 3      1 4      3 4      4 5      3 7      5 6        6 7        7 8
                                                  nt=65.............................  .......  .......  .......  .......  .......  .......      1 2  .......  .......      6 7  .......  .......     9 10
L...............................................  n1=48.............................  .......  .......  .......  .......      0 1      0 2      1 2      2 3      3 4      4 5      5 6      6 7      7 8      8 9      10 11      11 12
                                                  nt=72.............................  .......  .......  .......  .......  .......      1 2
M...............................................  n1=84.............................  .......  .......  .......      0 1      0 2      0 3      2 3      3 4      4 5      6 7      7 8     9 10    11 12    13 14      15 16      18 19
                                                  nt=120............................  .......  .......  .......  .......      1 2
                                                  nt=132............................  .......  .......  .......  .......  .......      2 3
N...............................................  n1=126............................  .......  .......      0 1      0 2      0 3      2 3      3 4      4 5      6 7     9 10    10 11    13 14    16 17    18 19      22 23      26 27
                                                  nt=180............................  .......  .......  .......      1 2
                                                  nt=210............................  .......  .......  .......  .......      2 3
P...............................................  n1=200............................  .......      0 1      0 2      0 3      2 3      3 4      4 5      6 7     9 10    13 14    15 16    19 20    24 25    27 28      33 34      39 40
                                                  nt=284............................  .......  .......      1 2
                                                  nt=326............................  .......  .......  .......      2 3
Q...............................................  n1=315............................      0 1      0 2        0      2 3      3 4      4 5      6 7      8 9    13 14    19 20    22 23    28 29    35 36    41 42      50 51      59 60
                                                  nt=435............................  .......      1 2
                                                  nt=519............................  .......  .......      2 3
R...............................................  n1=500............................      0 2      0 3      2 3      3 4      4 5      6 7     9 10    12 13    18 19    28 29    33 34    42 43    53 54    62 63      76 77      90 91
                                                  nt=644............................      1 2
                                                  nt=836............................  .......      2 3
S...............................................  n1=800............................      0 3      2 3      3 4      4 5      6 7     9 10    13 14    18 19    27 28    42 43   50 510    64 65    82 83    95 96    117 118    140 141
                                                  nt=1304...........................      2 3
T...............................................  n1=1250...........................      2 3      3 4      4 5      6 7     9 10    13 14    19 20    26 27    41 42    63 64    76 77
U...............................................  n1=2000...........................      3 4      4 5      6 7     9 10    13 14    19 20    28 29    39 40    62 63    96 97
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Double plans are indicated by 2 sample sizes, n1 (first) and nt (total). Ac=Acceptance number Re=Rejection number.


[[Page 239]]


            Sampling Plans and Operating Characteristic (OC) Curves for AQL=0.065 Percent Defective (or AQL=0.065 Defects per Hundred Units)
                                                               [Sampling plans--AQL=0.065]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                              Identification letter of OC curve
                                                                    ------------------------------------------------------------------------------------
                     Comparable sampling plans                                Q                    R                   S, T                   U
                                                                    ------------------------------------------------------------------------------------
                                                                       nc     Ac     Re     nc     Ac     Re     nc     Ac     Re     nc      Ac     Re
--------------------------------------------------------------------------------------------------------------------------------------------------------
Single.............................................................    315      0      1    624      1      2   1250      2      3   2,000      3
                                                                    ------------------------------------------------------------------------------------
Double.............................................................  .....  .....  .....    500      0      2    800      0      3
                                                                     .....  .....  .....    644      1      2   1304      2      3
--------------------------------------------------------------------------------------------------------------------------------------------------------
nc=Cumulative sample size. Ac=Acceptance number. Re=Rejection number.

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[[Page 240]]


 Sampling Plans and Operating Characteristic (OC) Curves for AQL=0.10 Percent Defective (or AQL=0.10 Defects per
                                                 Hundred Units)
                                           [Sampling plans--AQL=0.10]
----------------------------------------------------------------------------------------------------------------
                                                             Identification letter of OC curve
                                          ----------------------------------------------------------------------
        Comparable sampling plans               P            Q           R, S            T               U
                                          ----------------------------------------------------------------------
                                            nc  Ac  Re   nc  Ac  Re   nc  Ac  Re    nc    Ac  Re    nc    Ac  Re
----------------------------------------------------------------------------------------------------------------
Single...................................  200   0   1  408   1   2  800   2   3   1,250   3   4   2,000   4
                                          ----------------------------------------------------------------------
Double...................................  ...  ..  ..  315   0   2  500   0   3
                                           ...  ..  ..  435   1   2  836   2   3
----------------------------------------------------------------------------------------------------------------
nc=Cumulative sample size. Ac=Acceptance number. Re=Rejection number.

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[[Page 241]]


 Sampling Plans and Operating Characteristic (OC) Curves for AQL=0.15 Percent Defective (or AQL=0.15 Defects per
                                                 Hundred Units)
                                           [Sampling plans--AQL=0.15]
----------------------------------------------------------------------------------------------------------------
                                                       Identification letter of OC curve
                             -----------------------------------------------------------------------------------
  Comparable sampling plans        N            P            Q           R, S            T               U
                             -----------------------------------------------------------------------------------
                               nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re    nc    Ac  Re    nc    Ac  Re
----------------------------------------------------------------------------------------------------------------
Single......................  126   0   1  264   1   2  500   2   3  800   3   4   1,250   4   5   2,000   6   7
                             -----------------------------------------------------------------------------------
Double......................  ...  ..  ..  200   0   2  315   0   3
                              ...  ..  ..  284   1   2  519   2   3
----------------------------------------------------------------------------------------------------------------
nc=Cumulative sample size. Ac=Acceptance number. Re=Rejection number.

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[[Page 242]]


                             Sampling Plans and Operating Characteristic (OC) Curves for AQL=0.25 Defects per Hundred Units
                                                               [Sampling plans--AQL=0.25]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                          Identification letter of OC curve
                                                           ---------------------------------------------------------------------------------------------
                 Comparable sampling plans                       M           N           P, Q          R            S             T              U
                                                           ---------------------------------------------------------------------------------------------
                                                            nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re    nc   Ac  Re    nc   Ac  Re
--------------------------------------------------------------------------------------------------------------------------------------------------------
Single....................................................  84   0   1  168   1   2  315   2   3  500   3   4  800   4   5   1250   6   7   2000   9  10
                                                           ---------------------------------------------------------------------------------------------
Double....................................................  ..  ..  ..  126   0   2  200   0   3
                                                            ..  ..  ..  180   1   2  326   2   3
--------------------------------------------------------------------------------------------------------------------------------------------------------
nc=Cumulative sample size. Ac=Acceptance number. Re=Rejection number.

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[[Page 243]]


             Sampling Plans and Operating Characteristic (OC) Curves for AQL=0.40 Percent Defective (or AQL=0.40 Defects per Hundred Units)
                                                               [Sampling plans--AQL=0.40]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                   Identification letter of OC curve
                                              ----------------------------------------------------------------------------------------------------------
          Comparable sampling plans                 L           M           N, P          Q            R            S             T              U
                                              ----------------------------------------------------------------------------------------------------------
                                               nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re    nc   Ac  Re    nc   Ac  Re
--------------------------------------------------------------------------------------------------------------------------------------------------------
Single.......................................  48   0   1  108   1   2  200   2   3  315   3   4  500   4   5  800   6   7   1250   9  10   2000  13  10
                                              ----------------------------------------------------------------------------------------------------------
Double.......................................  ..  ..  ..   84   0   2  126   0   3
                                               ..  ..  ..  120   1   2  210   2   3
--------------------------------------------------------------------------------------------------------------------------------------------------------
nc=Cumulative sample size. Ac=Acceptance number. Re=Rejection number.

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[[Page 244]]


             Sampling Plans and Operating Characteristic (OC) Curves for AQL=0.65 Percent Defective (or AQL=0.65 Defects per Hundred Units)
                                                               [Sampling plans--AQL=0.65]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Identification letter of OC curve
                                  ----------------------------------------------------------------------------------------------------------------------
    Comparable sampling plans           K           L          M, N          P            Q            R            S             T              U
                                  ----------------------------------------------------------------------------------------------------------------------
                                   nc  Ac  Re  nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re    nc   Ac  Re    nc   Ac  Re
--------------------------------------------------------------------------------------------------------------------------------------------------------
Single...........................  29   0   1  66   1   2  126   2   3  200   3   4  315   4   5  500   6   7  800   9  10   1250  13  14   2000  19  20
                                  ----------------------------------------------------------------------------------------------------------------------
Double...........................  ..  ..  ..  48   0   2   84   0   3
                                   ..  ..  ..  72   1   2  132   2   3
--------------------------------------------------------------------------------------------------------------------------------------------------------
nc=Cumulative sample size. Ac=Acceptance number. Re=Rejection number.

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[[Page 245]]


  Sampling Plans and Operating Characteristic (OC) Curves for AQL=1.0 Percent Defective (or AQL=1.0 Defects per
                                                 Hundred Units)
                                            [Sampling plans--AQL=1.0]
----------------------------------------------------------------------------------------------------------------
                                                               Identification letter of OC curve
                                             -------------------------------------------------------------------
          Comparable sampling plans                J          K, L          M             N              P
                                             -------------------------------------------------------------------
                                               nc  Ac  Re  nc  Ac  Re   nc  Ac  Re    nc   Ac  Re    nc   Ac  Re
----------------------------------------------------------------------------------------------------------------
Single......................................   21   0   1  48   1   2   84   2   3    126   3   4    200   4   5
                                             -------------------------------------------------------------------
Double......................................  ...  ..  ..  29   0   2
                                              ...  ..  ..  65   1   2  ...  ..  ..  .....  ..  ..  .....  ..  ..
----------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                                  Q            R            S             T              U
                                            --------------------------------------------------------------------
                                              nc  Ac  Re   nc  Ac  Re   nc  Ac  Re    nc   Ac  Re    nc   Ac  Re
----------------------------------------------------------------------------------------------------------------
Single.....................................  315   6   7  500   9  10  800  13  14   1250  19  20   2000  28  29
----------------------------------------------------------------------------------------------------------------
nc=Cumulative sample size. Ac=Acceptance number. Re=Rejection number.

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[[Page 246]]


  Sampling Plans and Operating Characteristic (OC) Curves for AQL=1.5 Percent Defective (or AQL=1.5 Defects per
                                                 Hundred Units)
                                            [Sampling plans--AQL=1.5]
----------------------------------------------------------------------------------------------------------------
                                                            Identification letter of OC curve
                                       -------------------------------------------------------------------------
       Comparable sampling plans             H         J, K          L           M           N            P
                                       -------------------------------------------------------------------------
                                        nc  Ac  Re  nc  Ac  Re  nc  Ac  Re  nc  Ac  Re   nc  Ac  Re   nc  Ac  Re
----------------------------------------------------------------------------------------------------------------
Single................................  13   0   1  29   1   2  48   2   3  84   3   4  126   4   5  200   6   7
                                       -------------------------------------------------------------------------
Double................................  ..  ..  ..  21   0   2
                                        ..  ..  ..  31   1   2  ..  ..  ..  ..  ..  ..  ...  ..  ..  ...  ..  ..
----------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                                  Q            R            S             T              U
                                            --------------------------------------------------------------------
                                              nc  Ac  Re   nc  Ac  Re   nc  Ac  Re    nc   Ac  Re    nc   Ac  Re
----------------------------------------------------------------------------------------------------------------
Single.....................................  315   8   9  500  12  13  800  18  19  1,250  26  27  2,000  39  40
----------------------------------------------------------------------------------------------------------------
nc=Cumulative sample size. Ac=Acceptance number. Re=Rejection number.

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[[Page 247]]


  Sampling Plans and Operating Characteristic (OC) Curves for AQL=2.5 Percent Defective (or AQL=2.5 Defects per
                                                 Hundred Units)
                                            [Sampling plans--AQL=2.5]
----------------------------------------------------------------------------------------------------------------
                                                        Identification letter of OC curve
                               ---------------------------------------------------------------------------------
   Comparable sampling plans         F           J, K          L            M             N              P
                               ---------------------------------------------------------------------------------
                                 nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re    nc   Ac  Re    nc   Ac  Re
----------------------------------------------------------------------------------------------------------------
Single........................    9   0   1   29   2   3   48   3   4   84   4   5    126   6   7    200   9  10
                               ---------------------------------------------------------------------------------
Double........................  ...  ..  ..   21   0   2
                                ...  ..  ..   31   2   3  ...  ..  ..  ...  ..  ..  .....  ..  ..  .....  ..  ..
----------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                                  Q            R            S             T              U
                                            --------------------------------------------------------------------
                                              nc  Ac  Re   nc  Ac  Re   nc  Ac  Re    nc   Ac  Re    nc   Ac  Re
----------------------------------------------------------------------------------------------------------------
Single.....................................  315  13  14  500  18  19  800  27  28  1,250  41  42  2,000  62  63
----------------------------------------------------------------------------------------------------------------
nc=Cumulative sample size. Ac=Acceptance number. Re=Rejection number.

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[[Page 248]]


  Sampling Plans and Operating Characteristic (OC) Curves for AQL=4.0 Percent Defective (or AQL=4.0 Defects per
                                                 Hundred Units)
                                            [Sampling plans--AQL=4.0]
----------------------------------------------------------------------------------------------------------------
                                                        Identification letter of OC curve
                               ---------------------------------------------------------------------------------
   Comparable sampling plans         D            G            J           K L            M              N
                               ---------------------------------------------------------------------------------
                                 nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re    nc   Ac  Re    nc   Ac  Re
----------------------------------------------------------------------------------------------------------------
Single........................    5   0   1   11   1   2   21   2   3   48   4   5     84   6   7    126   9  10
Double........................  ...  ..  ..  ...  ..  ..  ...  ..  ..   29   1   4
                                ...  ..  ..  ...  ..  ..  ...  ..  ..   65   6   7  .....  ..  ..  .....  ..  ..
----------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                     P            Q            R            S             T              U
                               ---------------------------------------------------------------------------------
                                 nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re    nc   Ac  Re    nc   Ac  Re
----------------------------------------------------------------------------------------------------------------
Single........................  200  13  14  315  19  20  500  28  29  800  42  43   1250  63  64   2000  96
----------------------------------------------------------------------------------------------------------------
nc=Cumulative sample size. Ac=Acceptance number. Re=Rejection number.

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[[Page 249]]


  Sampling Plans and Operating Characteristic (OC) Curves for AQL=5.0 Percent Defective (or AQL=5.0 Defects per
                                                 Hundred Units)
                                            [Sampling plans--AQL=5.0]
----------------------------------------------------------------------------------------------------------------
                                                           Identification letter of OC curve
                                     ---------------------------------------------------------------------------
      Comparable sampling plans            C           F         J, K          L            M             N
                                     ---------------------------------------------------------------------------
                                      nc  Ac  Re  nc  Ac  Re  nc  Ac  Re  nc  Ac  Re    nc   Ac  Re   nc  Ac  Re
----------------------------------------------------------------------------------------------------------------
Single..............................   4   0   1   1   1   2  29   3   4  48   5   6     84   7   8  126  10  11
                                     ---------------------------------------------------------------------------
Double..............................  ..  ..  ..  ..  ..  ..  21   1   4
                                      ..  ..  ..  ..  ..  ..  31   3   4  ..  ..  ..  .....  ..  ..  ...  ..  ..
----------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                                    P            Q            R            S             T
                                              ------------------------------------------------------------------
                                                nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re    nc   Ac  Re
----------------------------------------------------------------------------------------------------------------
Single.......................................  200  15  16  315  22  23  500  33  34  800  50  51   1250  76  77
----------------------------------------------------------------------------------------------------------------
nc=Cumulative sample size. Ac=Acceptance number. Re=Rejection number.

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[[Page 250]]


  Sampling Plans and Operating Characteristic (OC) Curves for AQL=6.5 Percent Defective (or AQL=6.5 Defects per
                                                 Hundred Units)
                                            [Sampling plans--AQL=6.5]
----------------------------------------------------------------------------------------------------------------
                                                           Identification letter of OC curve
                                     ---------------------------------------------------------------------------
      Comparable sampling plans            B           E           H           J            K             L
                                     ---------------------------------------------------------------------------
                                      nc  Ac  Re  nc  Ac  Re  nc  Ac  Re  nc  Ac  Re    nc   Ac  Re   nc  Ac  Re
----------------------------------------------------------------------------------------------------------------
Single..............................   3   0   1   6   1   2  13   2   3  21   3   4     29   4   5   48   6   7
----------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                        M           N            P            Q             R             S
                                  ------------------------------------------------------------------------------
                                   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re    nc   Ac  Re   nc  Ac  Re
----------------------------------------------------------------------------------------------------------------
Single...........................  84   9  10  126  13  14  200  19  20  315  28  29    500  42  43  800  64  65
----------------------------------------------------------------------------------------------------------------
nc=Cumulative sample size. Ac=Acceptance number. Re=Rejection number.

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[[Page 251]]


  Sampling Plans and Operating Characteristic (OC) Curves for AQL=8.5 Percent Defective (or AQL=8.5 Defects per
                                                 Hundred Units)
                                            [Sampling plans--AQL=8.5]
----------------------------------------------------------------------------------------------------------------
                                                                Identification letter of OC curve
                                                ----------------------------------------------------------------
           Comparable sampling plans                  D            G            J           K, L          M
                                                ----------------------------------------------------------------
                                                  nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re
----------------------------------------------------------------------------------------------------------------
Single.........................................    5   1   2   11   2   3   24   4   5   48   7   8   84  11   1
                                                ----------------------------------------------------------------
Double.........................................  ...  ..  ..  ...  ..  ..   21   3   5   29   3   7
                                                 ...  ..  ..  ...  ..  ..   31   5   6   65   9  10
----------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                                      N            P            Q            R            S
                                                ----------------------------------------------------------------
                                                  nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re
----------------------------------------------------------------------------------------------------------------
Single.........................................  126  16  17  200  24  25  315  35  36  500  53  54  800  82  83
----------------------------------------------------------------------------------------------------------------
nc=Cumulative sample size. Ac=Acceptance number. Re=Rejection number.

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[[Page 252]]


 Sampling Plans and Operating Characteristic (OC) Curves for AQL=10.0 Percent Defective (or AQL=10.0 Defects per
                                                 Hundred Units)
                                           [Sampling plans--AQL=10.0]
----------------------------------------------------------------------------------------------------------------
                                                       Identification letter of OC curve
                             -----------------------------------------------------------------------------------
  Comparable sampling plans        A           C           F           H           J           K           L
                             -----------------------------------------------------------------------------------
                              nc  Ac  Re  nc  Ac  Re  nc  Ac  Re  nc  Ac  Re  nc  Ac  Re  nc  Ac  Re  nc  Ac  Re
----------------------------------------------------------------------------------------------------------------
Single......................   2   0   1   4   1   2   9   2   3  13   3   4  21   4   5  29   5   6  48   8   9
----------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                          M           N            P            Q            R            S
                                    ----------------------------------------------------------------------------
                                     nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re
----------------------------------------------------------------------------------------------------------------
Single.............................  84  13  14  126  18  19  200  27  28  315  41  42  500  62  63  800  95  96
----------------------------------------------------------------------------------------------------------------
nc=Cumulative sample size. Ac=Acceptance number. Re=Rejection number.

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[[Page 253]]


Sampling Plans and Operating Characteristics (OC) Curves for AQL=12.5 Percent Defective (or AQL=12.5 Defects per
                                                 Hundred Units)
                                           [Sampling plans--AQL=12.5]
----------------------------------------------------------------------------------------------------------------
                                                                 Comparable sampling plans
                                         -----------------------------------------------------------------------
    Identification letter of OC curve        B, EE         G           J           K           L           M
                                         -----------------------------------------------------------------------
                                          nc  Ac  Re  nc  Ac  Re  nc  Ac  Re  nc  Ac  Re  nc  Ac  Re  nc  Ac  Re
----------------------------------------------------------------------------------------------------------------
Single..................................   7   2   3  11   3   4  21   5   6  29   6   7  48  10  11  84  15  16
                                         -----------------------------------------------------------------------
Double..................................   3   0   3
                                           8   2   3  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..  ..
----------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                                    N            P            Q            R             S
                                              ------------------------------------------------------------------
                                                nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc   Ac   Re
----------------------------------------------------------------------------------------------------------------
Single.......................................  126  22  23  200  33  34  315  50  51  500  76  77  800  117  118
----------------------------------------------------------------------------------------------------------------
nc=Cumulative sample size. Ac=Acceptance number. Re=Rejection number.

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[[Page 254]]


             Sampling Plans and Operating Characteristic (OC) Curves for AQL=15.0 Percent Defective (or AQL=15.0 Defects per Hundred Units)
                                                               [Sampling plans--AQL=15.0]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                           Identification letter of OC curve
                                                              ------------------------------------------------------------------------------------------
                  Comparable sampling plans                        AA           B           E            F            H            J             K
                                                              ------------------------------------------------------------------------------------------
                                                               nc  Ac  Re  nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc   Ac   Re
--------------------------------------------------------------------------------------------------------------------------------------------------------
Single.......................................................   1   0   1   3   1   2    6   2   3    9   3   4   13   4   5   21   6   7   29    7    8
--------------------------------------------------------------------------------------------------------------------------------------------------------


--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    L           M           N            P            Q            R             S
                                                              ------------------------------------------------------------------------------------------
                                                               nc  Ac  Re  nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc  Ac  Re   nc   Ac   Re
--------------------------------------------------------------------------------------------------------------------------------------------------------
Single.......................................................  48  11  12  84  18  19  126  26  27  200  39  40  315  59  60  500  90  91  800  140  141
--------------------------------------------------------------------------------------------------------------------------------------------------------
nc=Cumulative sample size. Ac=Acceptance number. Re=Rejection number.

[GRAPHIC] [TIFF OMITTED] TC02SE91.038

                         PARTS 44	45 [RESERVED]

[[Page 255]]



      SUBCHAPTER B_MARKETING OF PERISHABLE AGRICULTURAL COMMODITIES





PART 46_REGULATIONS (OTHER THAN RULES OF PRACTICE) UNDER THE PERISHABLE 
AGRICULTURAL COMMODITIES ACT, 1930--Table of Contents



                               Definitions

Sec.
46.1 Words in singular form.
46.2 Definitions.

                                Licenses

46.3 License required.
46.4 Application for license.
46.5 Bonds.
46.6 License fees.
46.7 Issuance of license.
46.8 Copies of licenses.
46.9 Termination, suspension, revocation, cancellation of licenses; 
          notices; renewal.
46.10 Nonlicensed person; liability; penalty.
46.11 What constitutes valid license, form and use.
46.12 Forms of inscriptions.
46.13 Address, ownership, changes in trade name, changes in number of 
          branches, changes in members of partnership, and bankruptcy.

                     Accounts and Records (General)

46.14 General.
46.15 Documents to be preserved.
46.16 Method of preservation or storage of records.
46.17 Inspection of records.

                       Records of Market Receivers

46.18 Record of produce received.
46.19 Sales tickets.
46.20 Lot numbers.
46.21 Returns, rejections, or credit memorandums on sales.
46.22 Accounting for dumped produce.
46.23 Evidence of dumping.

                          Records of Retailers

46.24 Records of retailers.

                              Auction Sales

46.25 Auction sales.

                           Duties of Licensees

46.26 Duties of licensees.

                                 Brokers

46.27 Types of broker operations.
46.28 Duties of brokers.

    Receiving Market Commission Merchants and Joint Account Partners

46.29 Duties.

                      Growers' Agents and Shippers

46.30 Types of operations by growers' agents and shippers.
46.31 Duties of shippers.
46.32 Duties of growers' agents.

                           Conversion of Funds

46.33 Conversion of funds.

                         Disclosure of Business

46.34 No disclosure of business of licensee.

                  Suspension and Revocation of Licenses

46.35 Suspension or revocation order.

                          Publication of Facts

46.36 Publicity.

                          Sundays and Holidays

46.37 Sundays and holidays excluded.
46.38 Sundays and holidays included.

                          Commodity Inspection

46.39 Inspection of commodities.
46.40 Inspection service.

       Licensee's Responsibility for Acts of Employees and Agents

46.41 Licensee's responsibility for acts of employees and agents.

                            Copies of Records

46.42 Copies of records; how obtained.

                       Trade Terms and Definitions

46.43 Terms construed.

                         Good Delivery Standards

46.44 Good delivery.

                    Misrepresentation or Misbranding

46.45 Procedure in administering section 2(5) of the Act.

                             Statutory Trust

46.46 Statutory trust.

                             OMB Control No.

46.47 OMB control numbers assigned pursuant to the Paperwork Reduction 
          Act.
46.48 Procedure for investigating complaints involving commodities of a 
          unique nature or coming from a distinct geographic area.

[[Page 256]]

46.49 Written notifications and complaints.

    Authority: 7 U.S.C. 499a-499t.

    Source: 28 FR 7067, July 11, 1963; 28 FR 7287, July 17, 1963, unless 
otherwise noted.

                               Definitions



Sec.  46.1  Words in singular form.

    Words in this part in the singular form shall be deemed to import 
the plural, and vice versa, as the case may demand.



Sec.  46.2  Definitions.

    The terms defined in the first section of the Act shall have the 
same meaning as stated therein. Unless otherwise defined, the following 
terms whether used in the regulations, in the Act, or in the trade shall 
be construed as follows:
    (a) Act means the Perishable Agricultural Commodities Act, 1930, 
approved June 10, 1930, and legislation supplementary thereto and 
amendatory thereof (46 Stat. 531; 7 U.S.C. 499a-499r).

    Cross Reference: For Rules of Practice under the Act, see part 47 of 
this chapter.

    (b) Department means the United States Department of Agriculture.
    (c) Secretary means the Secretary of Agriculture of the United 
States, or any officer or employee of the Department to whom authority 
has heretofore been delegated, or to whom authority may hereafter be 
delegated, to act in his stead.
    (d) Service means the Agricultural Marketing Service, United States 
Department of Agriculture.
    (e) Deputy Administrator means the Deputy Administrator, Regulatory 
Programs, of the Consumer and Marketing Service, or any officer or 
employee of the Service, to whom authority has heretofore lawfully been 
delegated, or to whom authority may hereafter lawfully be delegated, to 
act in his stead.
    (f) Division means the Fruit and Vegetable Division of the Service.
    (g) Director means the Director of the Division or any officer or 
employee of the Division to whom authority has heretofore lawfully been 
delegated, or to whom authority may hereafter lawfully be delegated, by 
the Director to act in his stead.
    (h) In commerce means interstate or foreign commerce as defined in 
paragraphs (3) and (8) of the first section of the Act.
    (i) Person means any individual, partnership, limited liability 
company, corporation, association, or separate legal entity.
    (j) Retailer is a dealer engaged in the business of selling any 
perishable agricultural commodity at retail; Provided, That occasional 
sales at wholesale shall not be deemed to remove a dealer from the 
category of retailer if less than 5 percent of annual gross sales is 
derived from wholesale transactions.
    (k) Firm means any person engaged in business as a commission 
merchant, dealer, or broker.
    (l) Licensee means any firm who holds an unrevoked and valid unsus-
pended license issued under the Act.
    (m) Dealer means any person engaged in the business of buying or 
selling in wholesale or jobbing quantities in commerce and includes:
    (1) Jobbers, distributors and other wholesalers;
    (2) Retailers, when the invoice cost of all purchases of produce 
exceeds $230,000 during a calendar year. In computing dollar volume, all 
purchases of fresh and frozen fruits and vegetables are to be counted, 
without regard to quantity involved in a transaction or whether the 
transaction was intrastate, interstate or foreign commerce;
    (3) Growers who market produce grown by others.
    (4) The term ``dealer'' does not include persons buying produce, 
other than potatoes, for canning and/or processing within the State 
where grown, whether or not the canned or processed product is to be 
shipped in interstate or foreign commerce, unless such product is 
frozen, or packed in ice, or consists of cherries in brine.
    (n) Broker means any person engaged in the business of negotiating 
sales and purchases of produce in commerce for or on behalf of the 
vendor or the purchaser, respectively, except that no person shall be 
deemed to be a ``broker'' within the meaning of the Act if such person 
is an independent agent negotiating sales for or on behalf of the vendor 
and if the only sales of such commodities negotiated by such

[[Page 257]]

person are sales of frozen fruits and vegetables having an invoice value 
not in excess of $230,000 in any calendar year.
    (o) Shipper means any person operating at shipping point who is 
engaged in the business of purchasing produce from growers or others and 
distributing such produce in commerce by resale or other methods, or who 
handles such produce on joint account with others.
    (p) Grower means any person who raises produce for marketing.
    (q) Growers' agent means any person operating at shipping point who 
sells or distributes produce in commerce for or on behalf of growers or 
others and whose operations may include the planting, harvesting, 
grading, packing, and furnishing containers, supplies, or other 
services.
    (r) Receiving market commission merchant means any person operating 
on a receiving market who is engaged in the business of receiving 
produce in commerce for sale, on commission, for or on behalf of 
another.
    (s) Joint account transaction means a produce transaction in 
commerce in which two or more persons participate under a limited joint 
venture arrangement whereby they agree to share in a prescribed manner 
the costs, profits, or losses resulting from such transaction.
    (t) Produce means any perishable agricultural commodity, as defined 
in paragraph (4) of the first section of the Act.
    (u) Fresh fruits and fresh vegetables include all produce in fresh 
form generally considered as perishable fruits and vegetables, whether 
or not packed in ice or held in common or cold storage, but does not 
include those perishable fruits and vegetables which have been 
manufactured into articles of food of a different kind or character. The 
effects of the following operations shall not be considered as changing 
a commodity into a food of a different kind or character: Water, steam, 
or oil blanching, battering, coating, chopping, color adding, curing, 
cutting, dicing, drying for the removal of surface moisture; fumigating, 
gassing, heating for insect control, ripening and coloring; removal of 
seed, pits, stems, calyx, husk, pods rind, skin, peel, et cetera; 
polishing, precooling, refrigerating, shredding, slicing, trimming, 
washing with or without chemicals; waxing, adding of sugar or other 
sweetening agents; adding ascorbic acid or other agents to retard 
oxidation; mixing of several kinds of sliced, chopped, or diced fruit or 
vegetables for packaging in any type of containers; or comparable 
methods of preparation.
    (v) Frozen fruits and vegetables include all produce defined in 
paragraph (u) of this section when such produce is in frozen form.
    (w) Cherries in brine means cherries packed in an aqueous solution 
containing sulphur dioxide or other bleaching agent of sufficient 
strength to preserve the product, with or without the addition of 
hardening agents.
    (x) Wholesale or jobbing quantities, as used in paragraph (6) of the 
first section of the Act, means aggregate quantities of all types of 
produce totaling one ton (2,000 pounds) or more in weight in any day 
shipped, received, or contracted to be shipped or received.
    (y) Truly and correctly to account means, in connection with:
    (1) Consignments, to account by rendering a true and correct 
statement showing the date of receipt and date of final sale, the 
quantities sold at each price, or other disposition of the produce, and 
the proper, usual or specifically agreed upon selling charges and 
expenses properly incurred or agreed to in the handling thereof, plus 
any other information required by Sec.  46.29;
    (2) Joint account transactions, to account by rendering a true and 
correct statement showing the date of receipt and date of final sale, 
the quantities sold at each price or other disposition of produce, the 
joint account cost of the produce, and the expenses properly incurred or 
other charges specifically agreed to in the handling thereof, plus any 
other information required by Sec.  46.29;
    (3) Buying brokerage transactions, to account by rendering a true 
and correct itemized statement showing the cost of the produce, the 
expenses properly incurred, and the amount of brokerage charged.
    (z) Account promptly, except when otherwise specifically agreed upon 
by

[[Page 258]]

the parties, means rendering to the principal a true and correct 
accounting:
    (1) In connection with buying brokerage transactions, within 24 
hours after the date of shipment;
    (2) In connection with consignment or joint account transactions, 
within 10 days after the date of final sale with respect to each 
shipment, or within 20 days from the date the goods are accepted at 
destination, whichever comes first: Provided, That whenever a grower's 
agent or shipper distributes individual lots of produce for or on behalf 
of others, accounting to the principal shall be made within 30 days 
after receipt of the shipment from the principal for sale or within 5 
days after the date the agent receives payment for the goods, whichever 
comes first. Whenever a grower's agent or shipper harvests, packs, or 
distributes entire crops or multiple lots therefrom for or on behalf of 
others, an accounting on the initial shipment shall be rendered within 
30 days after receipt of the goods for sale. Accountings for subsequent 
shipments shall be made at 10-day intervals from the date of the 
accounting for the initial shipment and a final accounting for the 
season shall be made to each principal within 30 days from the date the 
agent receives the last shipment for the season from that principal: 
Provided further, That whenever the marketing agreement between a 
principal and agent includes a provision for storage of goods prior to 
sale, the agent shall render accountings of inventory and expenses 
incurred to date at 30-day intervals from the date the goods are 
received by the agent until sales from storage begin, And Provided 
further, That nothing in the regulations in this part shall prohibit 
cooperative associations from accounting to their members on the basis 
of seasonal pools or other arrangements provided by their regulations or 
bylaws; and
    (3) In connection with a consignment or joint account transaction, 
within 10 days after the date of receipt of payment of a carrier claim 
filed.
    (aa) Full payment promptly is the term used in the Act in specifying 
the period of time for making payment without committing a violation of 
the Act. ``Full payment promptly,'' for the purpose of determining 
violations of the Act, means:
    (1) Payment of net proceeds for produce received on consignment or 
the pro-rata share of the net profits for produce received on joint 
account, within 10 days after the date of final sale with respect to 
each shipment, or within 20 days from the date the goods are accepted at 
destination, whichever comes first;
    (2) Payment by growers, growers' agents, or shippers of deficits on 
consignments or joint account transactions, within 10 days after the day 
on which the accounting is received;
    (3) Payment of the purchase price, brokerage, and other expenses to 
buying brokers who pay for the produce, within 10 days after the day on 
which the broker's invoice is received by the buyer;
    (4) Payment of brokerage earned and other expenses in connection 
with produce purchased or sold, within 10 days after the day on which 
the broker's invoice is received by the principal;
    (5) Payment for produce purchased by a buyer, within 10 days after 
the day on which the produce is accepted;
    (6) Payment to growers, growers' agents, or shippers by terminal 
market agents or brokers, who are selling for the account of a grower, 
growers' agent, or shipper and are authorized to collect from the buyer 
or receiver, within 5 days after the agent or broker receives payment 
from the buyer or receiver;
    (7) Payment to the principal, within 10 days after receipt, of net 
proceeds realized from a carrier claim in connection with a consignment 
transaction or, in connection with a joint account transaction, payment 
to the joint account partners of their share of the joint account net 
proceeds realized from a carrier claim;
    (8) Payment by growers agents or shippers who distribute individual 
lots of produce for or on behalf of others, within 30 days after receipt 
of the goods from the principal for sale or within 5 days after the date 
the agent receives payment for the goods, whichever comes first;

[[Page 259]]

    (9) Whenever a grower's agent or shipper harvests, packs, or 
distributes entire crops or multiple lots therefrom for or on behalf of 
others, payment for the initial shipment shall be made within 30 days 
after receipt of the goods for sale or within 5 days after the date the 
agent receives payment for the goods, whichever comes first. Payment for 
subsequent shipments shall be made at 10-day intervals from the date of 
the accounting for the initial shipment or within 5 days after the date 
the agent receives payment for the goods, whichever comes first, and 
final payment for the seasons shall be made to each principal within 30 
days from the date the agent receives the last shipment for the season 
from that principal;
    (10) When contracts are based on terms other than those described in 
these regulations, payment is due the supplier-seller within 20 days 
from the date of acceptance of the shipment under the terms of the 
contract and Sec.  46.2(dd).
    (11) Parties who elect to use different times of payment than those 
set forth in paragraphs (aa) (1) through (10) of this section must 
reduce their agreement to writing before entering into the transaction 
and maintain a copy of the agreement in their records. If they have so 
agreed, then payment within the agreed upon time shall constitute ``full 
payment promptly'': Provided, That the party claiming the existence of 
such an agreement for time of payment shall have the burden of proving 
it.

Nothing in the regulations in this part shall limit the seller's 
privilege of shipping under a closed or advise bill of lading or other 
arrangement requiring cash on delivery unless there has been express 
prior agreement to the contrary between the parties; or prohibit 
cooperative associations from settling with their members on the basis 
of seasonal pools or other arrangements provided by their regulations or 
bylaws. If there is a dispute concerning a transaction, the foregoing 
time periods for prompt payment apply only to payment of the undisputed 
amount.
    (bb) Reject without reasonable cause means in connection with 
purchases, consignments, or joint account transactions: (1) Refusing or 
failing without legal justification to accept produce within a 
reasonable time; (2) advising the seller, shipper, or his agent that 
produce, complying with contract, will not be accepted; (3) indicating 
an intention not to accept produce through an act or failure to act 
inconsistent with the contract; or (4) any rejection following an act of 
acceptance.
    (cc) Reasonable time, as used in paragraph (bb) of this section, 
means:
    (1) For frozen fruits and vegetables with respect to rail shipments, 
48 hours after notice of arrival and the produce is made accessible for 
inspection, and with respect to truck shipments, not to exceed 12 hours 
after the receiver or a responsible representative is given notice of 
arrival and the produce is made accessible for inspection;
    (2) For fresh fruits and vegetables with respect to rail shipments, 
not to exceed 24 hours after notice of arrival and the car has been 
placed in a location where the produce is made accessible for 
inspection; and with respect to truck shipments, not to exceed 8 hours 
after the receiver or a responsible representative is given notice of 
arrival and the produce is made accessible for inspection; and, with 
respect to boat shipments, not to exceed 24 hours after the produce is 
unloaded and made accessible for inspection and the receiver is given 
notice thereof;
    (3) If, within the applicable period, the receiver cannot make a 
thorough inspection due to adverse weather condition or applies for but 
cannot obtain Federal inspection before the end of this period, and so 
notifies the consignor within the applicable period, the period shall be 
extended until weather conditions permit inspection or until Federal 
inspection is made, as the case may be, plus two hours after either an 
oral or written report of the results of such inspection is made 
available to the receiver; and
    (4) In computing the time periods specified above, (i) for shipments 
arriving on non-work days or after the close of regular business hours 
on work days when a representative of the receiver having authority to 
reject shipments is not present, non-working hours preceding the start 
of regular business hours on the next working day shall

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not be included; and (ii) for shipments arriving during regular business 
hours when a representative of the receiver having authority to reject 
shipments customarily is present, the period shall run without 
interruption except that, for shipments arriving less than two hours 
before the close of regular business hours, the unexpired balance of the 
time period shall be extended and run from the start of regular business 
hours on the next working day.
    (dd) Acceptance means:
    (1) Any act by the consignee signifying acceptance of the shipment, 
including diversion or unloading;
    (2) Any act by the consignee which is inconsistent with the 
consignor's ownership, but if such act is wrongful against the consignor 
it is acceptance only if ratified by him; or
    (3) Failure of the consignee to give notice of rejection to the 
consignor within a reasonable time as defined in paragraph (cc) of this 
section: Provided, That acceptance shall not affect any claim for 
damages because of failure of the produce to meet the terms of the 
contract.
    (ee) Employ and employment mean any affiliation of any person with 
the business operations of a licensee, with or without compensation, 
including ownership or self-employment.
    (ff) Responsibly connected means affiliation as individual owner, 
partner in a partnership, member, manager, officer, director or holder 
of more than a 10 percent ownership stake in a limited liability 
company, or officer, director or holder of more than 10 percent of the 
outstanding stock of a corporation or association.
    (gg) Branch or additional business facility, as used in section 3(b) 
of the Act, means an office or outlet in a location other than that of 
the principal or main office of a firm, out of which or through which 
the firm purchases, sells, negotiates contracts, solicits, or handles 
consignments, or otherwise contracts in perishable agricultural 
commodities including seasonal, part-time and full-time operations. As 
used in this paragraph, ``branch or additional business facility'' 
includes, but is not limited to, the following:
    (1) Jobbers, wholesalers, distributors--each location through which 
commodities are bought, sold or otherwise contracted;
    (2) Retailers--each outlet through which retail sales of commodities 
are made and each office which purchases commodities;
    (3) Trucker/dealer--a truck is a ``branch'' office if the driver is 
authorized to buy, sell or otherwise contract for commodities on behalf 
of the firm;
    (4) Shippers--on-the-ground representatives making purchases, sales 
or otherwise contracting for commodities;
    (5) Brokers--each office conducting contract negotiations including 
on-the-ground representatives negotiating contracts for commodities;
    (6) Processors--each location at which commodities are purchased, 
sold or contracted to be purchased or sold;
    (7) Cooperatives--each operation away from the main office that has 
responsibility to account for proceeds received from sales of 
commodities; or
    (8) Seasonal/part-time operations--any facility with on-the-ground 
representatives making purchases, sales, or otherwise contracting for 
commodities.
    (hh) Good faith means honesty in fact and the observance of 
reasonable commercial standards of fair dealing in the trade. The 
principle of good faith requires that a party to a transaction disclose 
in writing the existence of any collateral fees and expenses to all 
other parties to the transaction where the collateral fees and expenses 
affect a material term of the agreement.
    (ii) Grocery wholesaler is a dealer primarily engaged in the full-
line wholesale distribution and resale of grocery and related nonfood 
items (such as perishable agricultural commodities, dry groceries, 
general merchandise, meat, poultry, and seafood, and health and beauty 
care items) to retailers. This term does not include persons primarily 
engaged in the wholesale distribution and resale of perishable 
agricultural commodities rather than other grocery and related nonfood 
items. Specifically, for an entity to be considered a grocery 
wholesaler, 50 percent or more of its annual gross sales must be from 
the full-line distribution and resale of grocery and related nonfood 
items, and it cannot have

[[Page 261]]

more than 50 percent of its sales in perishable agricultural 
commodities. ``Full line'' means that an entity must be supplying the 
retailer with a wide range of products such as the grocery and related 
nonfood items specified.

(Sec. 1, 46 Stat. 531, as amended; 7 U.S.C. 499a et seq.)

[28 FR 7067, July 11, 1963, as amended at 37 FR 14561, July 21, 1972; 44 
FR 50575, Aug. 29, 1979; 47 FR 21234, May 18, 1982; 47 FR 47802, Oct. 
28, 1982; 49 FR 45739, Nov. 20, 1984; 61 FR 13386, Mar. 27, 1996; 62 FR 
15086, Mar. 31, 1997; 65 FR 24854, Apr. 28, 2000; 68 FR 23378, May 2, 
2003]

                                Licenses



Sec.  46.3  License required.

    (a) No person shall at any time carry on the business of a 
commission merchant, dealer, or broker without a license which is valid 
and effective at such time.
    (b) Separate licenses are required for each person. More than one 
trade name may be used by the same person only after such trade names 
have been approved in writing by the Director.
    (c) Joint account arrangements between two or more licensees are not 
considered to result in separate firms and, therefore, do not require 
separate licenses.



Sec.  46.4  Application for license.

    (a) Any person who desires to obtain a license shall make 
application therefor on the currently approved form to be obtained from 
the Director or his representatives.
    (b) The applicant shall furnish the following information:
    (1) Name or names in which business is conducted; place of business; 
mailing address; name, location and number of branches or additional 
business facilities, divisions or affiliates; name of firm succeeded and 
whether the applicant assumes responsibility of settling any complaints 
filed under the Act against the firm succeeded.
    (2) Type of business (i.e., wholesale, retail, trucking, processing, 
commission merchant, or broker), and whether the fruits and/or 
vegetables handled are fresh or frozen, or cherries in brine.
    (3) Type of ownership. If a corporation or limited liability 
company, the applicant shall furnish the month, day, and year 
incorporated or organized; the State in which incorporated or organized; 
the name in which incorporated or organized; and the address of the 
principal office. A limited liability company shall also furnish a copy 
of its articles of organization and its operating agreement.
    (4) Full legal name, all other names used, if any, and home address 
of owner. If a partnership, the applicant shall furnish the legal names, 
all other names used, if any, and home address of all partners, 
indicating whether general, limited, or special partners. If a limited 
liability company, the applicant shall furnish the full legal names, all 
other names used, if any, and home address of all members, managers, 
officers, directors and holders of more than 10 percent of the ownership 
stake, and the percentage of ownership in the company held by each such 
person. If an association or corporation, the applicant shall furnish 
the full legal names, all other names used, if any, and home address of 
all officers, directors and holders of more than 10 percent of the 
outstanding stock and the percentage of stock held by each such person. 
Minors shall also furnish the full name and home address of their 
guardian. If the applicant is a trust, the name of the trust and the 
full name and home address of the trustee must be furnished. If the 
applicant is a limited liability company and a member or holder of more 
than 10 percent of the ownership stake is a partnership, another limited 
liability company, corporation, association, or separate legal entity, 
the applicant shall furnish the full legal names and home address of 
that member's partners, members, managers, directors, and officers.
    (5) Date when first became subject to the Act. If business was 
conducted subject to the Act prior to the filing of an application for a 
license, applicant shall furnish an explanation for such violation as 
prescribed in section 3(a) of the Act.
    (6) Whether the applicant, or in case the applicant is a 
partnership, any partner, or in case the applicant is a

[[Page 262]]

limited liability company, any member, manager, officer, director or 
holder of more than 10 percent of the ownership stake, or in case the 
applicant is an association or corporation, any officer, director, or 
holder of more than 10 percent of the outstanding stock, has prior to 
the filing of the application:
    (i) Been connected with any firm whose license is under suspension 
or has been revoked. If so, he shall furnish the name and address of the 
firm whose license is under suspension or has been revoked and the 
details of such connection, including the dates thereof;
    (ii) Within three years been adjudicated or discharged as a bankrupt 
or was an officer, director, stockholder, partner, member, manager or 
owner of a firm adjudicated or discharged as a bankrupt.
    (iii) Been convicted of one or more felonies in any State or Federal 
court. If so, he shall furnish the name and date of birth of the party 
convicted, alias if any, name, location of court and date convicted, 
nature of felony, sentence imposed, where and length of time served; if 
paroled, date parole terminated;
    (iv) Ever been licensed under the Act. If so, he shall furnish the 
name and address of licensee and whether license is still in effect.
    (7) Whether any person employed by the applicant has been 
responsibly connected with any firm whose license has been revoked, or 
is currently under suspension, or who has been found after notice and 
opportunity for hearing to have committed any flagrant or repeated 
violation of section 2 of the Act, or against whom there is an unpaid 
reparation award which has been issued within the past two years, 
subject to his right of appeal. If so, he shall furnish the full legal 
name of the person, the name of the firm involved, and the details of 
such connection, including the dates thereof.
    (8) Any other information the Director deems necessary to establish 
the identity and eligibility of the applicant to obtain a license.
    (c) The application shall be signed by the owner, all general 
partners, or in case the applicant is a limited liability company, a 
member or manager, or in case the applicant is an association, or 
corporation, a duly authorized officer.
    (d) The application and fees shall be forwarded to the Director, 
Fruit and Vegetable Division, Agricultural Marketing Service, U.S. 
Department of Agriculture, Washington, D.C. 20250, or to his 
representative. An application which does not contain full or complete 
answers to all the questions, or is not properly signed, or not 
accompanied by the proper fee, or bond as required under paragraphs (c) 
and (e) of section 4 of the Act shall not be considered a valid 
application for license. The ``period not to exceed 30 days'' as 
prescribed in section 4(d) of the Act shall commence on the day that a 
valid application for license is received by the Director or his 
representative.
    (e) If the application is incomplete, the Director may return the 
application to the applicant with a request that the application be 
completed by furnishing the missing data. If the applicant does not 
respond to this request within 30 days after it is mailed by the 
Director, the fees submitted shall be refunded.
    (f) If the Director has reason to believe that the application 
contains inaccurate information, he may afford the applicant an 
opportunity to submit a corrected application or verify or explain 
information contained in the application. If the applicant submits a 
corrected application, the original application shall be considered 
withdrawn. If the applicant, in response to the Director's request, 
submits additional or corrected information for consideration in 
connection with his original application, the original application plus 
such information shall be considered as constituting a new application.
    (g) Fees shall be refunded whenever an application is withdrawn 
without the filing of a new application.
    (h) When a valid application is received and the provisions of 
paragraphs (b) and (c) of section 4 of the Act are applicable, the 
Director shall notify the applicant by letter of the pertinent 
provisions of this section and the reasons for denial of license and 
shall refund the fee.
    (i) If the Director disapproves the use of a trade name which, in 
his opinion,

[[Page 263]]

is deceiving, misleading or confusing to the trade, he shall return the 
application to the applicant for the selection of a different trade 
name. If the applicant does not return the application within thirty 
days after it was mailed by the Director, the fees submitted shall be 
refunded. The ``period not to exceed thirty days'' as prescribed in 
section 4(d) of the Act shall commence on the date that the application 
for license under the new name is received by the Director or his 
representative.

[28 FR 7067, July 11, 1963; 28 FR 7287, July 17, 1963, as amended at 44 
FR 50575, Aug. 29, 1979; 65 FR 24854, Apr. 28, 2000]



Sec.  46.5  Bonds.

    Bonds prescribed in section 4(c)(6), 4(e), 8(b), and 13(b) of the 
Act shall be in the form of cash or surety bonds in the form and amount 
satisfactory to the Director and shall not be less than $10,000. When 
cash is posted as surety, it shall be deposited into a special account 
of the United States Treasury and no interest is to accrue or be paid 
the licensee. When surety bonds are furnished, the surety shall be a 
company holding a certificate of authority from the Secretary of the 
Treasury under Act of Congress approved July 30, 1947 (6 U.S.C. 6 
through 13) as acceptable surety on Federal bonds.

[44 FR 50575, Aug. 29, 1979]



Sec.  46.6  License fees.

    (a) Retailers and grocery wholesalers making an initial application 
for license shall pay a $100 administrative processing fee.
    (b) For commission merchants, brokers, and dealers (other than 
grocery wholesalers and retailers) the annual license fee is $995 plus 
$600 for each branch or additional business facility. In no case shall 
the aggregate annual fees paid by any such applicant exceed $8,000.
    (c) The Director may require that fees be paid in the form of a 
money order, bank draft, cashier's check, or certified check made 
payable to ``USDA-AMS''. Authorized representatives of the Division may 
accept fees and issue receipts.

[62 FR 43455, Aug. 14, 1997, as amended at 75 FR 51919, Aug. 24, 2010]



Sec.  46.7  Issuance of license.

    Upon receipt of a valid application accompanied by the proper fee 
for a license, and bond, if required, the Director shall, if the 
applicant is found to be eligible, issue a license certifying that the 
licensee is authorized to engage in the business of a commission 
merchant, dealer, or broker. All fees, and any additional sums assessed 
by the Director in accordance with the Act, shall be deposited in a 
special fund designated as the ``Perishable Agricultural Commodities Act 
fund.''



Sec.  46.8  Copies of licenses.

    Copies of licenses may be issued upon request and upon the payment 
of a fee of two dollars ($2) for each copy. Each copy shall bear the 
word ``copy'' in conspicuous letters on its face and shall be certified 
by the Director as a true copy of the original.



Sec.  46.9  Termination, suspension, revocation, cancellation of 
licenses; notices; renewal.

    (a) Under section 3(c) of the Act the license can be suspended if 
the licensee continues to use a trade name after being notified by the 
Director that such trade name has been disapproved.
    (b) Under section 4(a) of the Act, after October 1, 1962, the 
license of any individual, corporation or association shall 
automatically terminate on the date of discharge in bankruptcy and the 
license of any partnership shall automatically terminate on the date of 
the discharge in bankruptcy of any of the general partners in the 
partnership.
    (c) Under section 4(c) of the Act if a license is issued under a 
bond and the bond is terminated for any reason without the approval of 
the Director, within four years from the date of the issuance of the 
license, the license shall be automatically cancelled as of the date of 
termination and no new license shall be issued to such person during the 
four-year period without a new surety bond covering the remainder of 
such period. Also, if the Director notifies the licensee that a bond in 
an increased amount is required and the licensee fails to provide such a 
bond within the specified time the license of

[[Page 264]]

such licensee shall be automatically suspended until such bond is 
provided.
    (d) Under section 8(a) of the Act a license can be suspended or 
revoked for violations of section 2 of the Act or when the licensee is 
found guilty in a Federal Court of having violated section 14(b) of the 
Act.
    (e) Under section 8(b) of the Act a license can be suspended or 
revoked if the licensee continues to employ any person in violation of 
the provisions of this section. Also, if any licensee is authorized to 
employ any person under a bond in accordance with this section and is 
notified by the Director subsequently to provide a bond in an increased 
amount and fails to provide such a bond within the time specified, 
approval of employment shall automatically terminate.
    (f) Under section 8(c) of the Act a license can be revoked for any 
false or misleading statement, or through a misrepresentation or 
concealment or withholding of facts in connection with an application 
for a license.
    (g) Under section 9 of the Act a license can be suspended if the 
licensee fails to keep such accounts, records, and memoranda as fully 
and correctly disclose all transactions involved in his business 
including the true ownership of such business by stock-holding or 
otherwise.
    (h) Under section 13 of the Act a license can be suspended:
    (1) If the licensee refuses to permit inspection of his records or 
of any lot of produce under his ownership or control; or
    (2) If the licensee, subsequent to a determination in a formal 
disciplinary proceeding that it has violated the prompt payment 
provision of Section 2(4) of the Act, refuses to permit an inspection of 
its accounts, records and memoranda to insure that it is in compliance 
with the prompt payment provision of section 2(4) of the Act or fails or 
refuses to furnish, maintain, or adjust a surety bond in a form and 
amount satisfactory to the Secretary.
    (i) Under section 4(a) of the Act, at least 30 days prior to the 
anniversary date of a valid and effective license, the Director shall 
mail a notice to the licensee at the last known address advising that 
the license will automatically terminate on its anniversary date unless 
an application for renewal is filed supplying all information requested 
on a form to be supplied by the Division, and unless the renewal fee (if 
any is applicable) is paid on or before such date. If the renewal 
application is not filed and/or the renewal fee (if required) is not 
paid by the anniversary date, the licensee may obtain a renewal of that 
license at any time within 30 days by submitting the required renewal 
application and/or paying the renewal fee (if required), plus $50. 
Within 60 days after the termination date of a valid and effective 
license, the former licensee shall be notified of such termination, 
unless a new license has been obtained in the meantime.
    (j) Beginning on December 1, 1998, the renewal period for new 
licenses issued to retailers and grocery wholesalers is three years.
    (k) Only a commission merchant, broker, or dealer holding a multi-
year license, prior to phase out of this option, will receive a refund 
if business operations cease or a change in legal status occurs that 
requires issuance of a new license prior to the next license renewal 
date. If a refund is due, it will be issued for any remaining full-year 
portion of advance fee paid, minus a $100 processing fee.

[28 FR 7067, July 11, 1963; 28 FR 7287, July 17, 1963, as amended at 44 
FR 50576, Aug. 29, 1979; 62 FR 15087, Mar. 31, 1997; 63 FR 64172, Nov. 
19, 1998; 75 FR 51919, Aug. 24, 2010]



Sec.  46.10  Nonlicensed person; liability; penalty.

    Any commission merchant, dealer, or broker who violates the Act by 
engaging in business subject to the Act without a license may settle its 
liability, if such violation is found by the Director not to have been 
willful but due to inadvertence, by submitting the required application 
and paying the amount of fees that it would have paid had it obtained 
and maintained a license during the period that it engaged in business 
subject to the Act, plus an additional sum not in excess of two hundred 
and fifty dollars ($250) as may be determined by the Director.

[62 FR 15087, Mar. 31, 1997]

[[Page 265]]



Sec.  46.11  What constitutes valid license, form and use.

    Each license shall bear a serial number, the names in which 
authorized to conduct business, type of ownership, if the business is 
individually owned, the name of the owner; if a partnership, the names 
of all general partners; if a limited liability company, the names of 
all members, managers, officers, directors and holders of more than 10 
percent of the ownership stake, and the percentage of ownership in the 
company held by each such person; if a corporation or association, the 
names of all officers, directors, and shareholders of more than 10 
percent of the outstanding stock and the percentage of stock held by 
each such person; the facsimile signature of the Deputy Administrator, 
the seal of the Department and shall be duly countersigned. The licensee 
may place upon his stationery, trucks, or business sign an inscription 
indicating that he is licensed under the Act, but such inscription must 
not be of such form or arrangement as to be deceptive or misleading to 
the public, nor shall any such inscription be displayed or used unless 
the person using the inscription has a license valid and effective at 
the time.

[28 FR 7067, July 11, 1963; 28 FR 7287, July 17, 1963, as amended at 65 
FR 24854, Apr. 28, 2000]



Sec.  46.12  Forms of inscriptions.

    The following inscriptions, for use with or without the license 
number, meet the foregoing requirements and may be used by licensees: 
``Licensed by the U.S. Department of Agriculture under the Perishable 
Agricultural Commodities Act'', or ``Licensed under the PACA.''



Sec.  46.13  Address, ownership, changes in trade name, changes in number of 
branches, changes in members of partnership, and bankruptcy.

    The licensee shall:
    (a) Promptly report to the Director in writing;
    (1) Any change of address;
    (2) Any change in officers, directors, members, managers, holders of 
more than 10 percent of the outstanding stock in a corporation, with the 
percentage of stock held by such person, and holders of more than 10 
percent of the ownership stake in a limited liability company, and the 
percentage of ownership in the company held by each such person;
    (3) Any deletions or additions of trade names;
    (4) Any change in the number and address of any branches or 
additional business facilities, and;
    (5) When the licensee, or if the licensee is a partnership, any 
partner is subject to proceedings under the bankruptcy laws. A new 
license is required in case of a change in the ownership of a firm, the 
addition or withdrawal of partners in a partnership, or in case business 
is conducted under a different corporate charter, or in case a limited 
liability company conducts business under different articles or 
organization from those under which the license was originally issued.
    (b) Obtain approval from the Director prior to using any trade name.

[44 FR 50576, Aug. 29, 1979, as amended at 65 FR 24855, Apr. 28, 2000]

                     Accounts and Records (General)



Sec.  46.14  General.

    (a) Every commission merchant, dealer, and broker shall prepare and 
preserve for a period of two years from the closing date of the 
transaction the accounts, records, and memoranda required by the Act, 
which shall fully and correctly disclose all transactions involved in 
his business. Licensees shall keep records which are adapted to the 
particular business that the licensee is conducting and in each case 
such records shall fully disclose all transactions in the business in 
sufficient detail as to be readily understood and audited. It is 
impracticable to specify in detail every class of records which may be 
found essential since many different types of business are conducted in 
the produce industry and many different types of contracts are made 
covering a wide range of services by agents and others. The 
responsibility is placed on every licensee to maintain records which 
will disclose all essential facts regarding the transactions in his 
business.
    (b) Every commission merchant, dealer, and broker shall prepare and

[[Page 266]]

preserve records and memoranda required by the Act which shall fully and 
correctly disclose the true ownership and management of such business 
during the preceding four years. Such records shall include the number 
and location of all branches or additional business facilities operated 
by or for the commission merchant, dealer or broker. In the case of a 
corporation, such records shall include the corporate charter, record of 
stock subscription and stock issued, the amounts paid in for stock and 
minutes of stockholders' and directors' meetings showing the election of 
directors and officers, resignations and other pertinent corporate 
actions. In the case of a partnership, the records shall contain a copy 
of the partnership agreement showing the type of partnership, the full 
names and addresses of all partners including general, special or 
limited partners, the partnership interest of each individual and any 
other pertinent records of the partnership.

[28 FR 7067, July 11, 1963; 28 FR 7287, July 17, 1963, as amended at 44 
FR 50576, Aug. 29, 1979]



Sec.  46.15  Documents to be preserved.

    Bills of lading, diversion orders, paid freight and other bills, car 
manifests, express receipts, confirmations and memorandums of sales, 
letter and wire correspondence, inspection certificates, invoices on 
purchases, receiving records, sales tickets, copies of statements 
(bills) of sales to customers, accounts of sales, papers relating to 
loss and damage claims against carriers, records as to reconditioning, 
shrinkage and dumping, daily inventories by lots, a consolidated record 
of all rebates and allowances made or received in connection with 
shipments handled for the account of another, an itemized daily record 
of cash receipts, ledger records in which purchases and sales can be 
verified, and all other pertinent papers relating to the shipment, 
handling, delivery, and sale of each lot of produce shall be preserved 
for a period of 2 years.



Sec.  46.16  Method of preservation or storage of records.

    All records required to be preserved under the Act shall be stored 
in an orderly manner and in keeping with sound business practices. The 
records being currently used shall be filed in order of dates, by serial 
numbers, alphabetically or by any other proper method which will enable 
the licensee to promptly locate and produce the records. Records in dead 
storage should be arranged in an orderly fashion, be packaged or wrapped 
to insure proper preservation, be adequately marked or identified, and 
stored in a safe, dry location. When part of the records are forwarded 
to others (such as accountants, traffic agencies, attorneys, etc.), 
proper notations should be filed in appropriate places in the records 
identifying the missing records and stating where they can be located.



Sec.  46.17  Inspection of records.

    (a) Each licensee shall, during ordinary business hours, promptly 
upon request, permit any duly authorized representative of USDA to enter 
its place of business and inspect such accounts, records, and memoranda 
as may be material:
    (1) In the investigation of complaints under the Act, including any 
petition, written notification, or complaint under section 6 of the Act,
    (2) To the determination of ownership, control, packer, or State, 
country, or region of origin in connection with commodity inspections,
    (3) To ascertain whether there is compliance with section 9 of the 
Act,
    (4) In administering the licensing and bonding provisions of the 
Act,
    (5) If the licensee has been determined in a formal disciplinary 
proceeding to have violated the prompt payment provision of section 2(4) 
of the Act, to determine whether, at the time of the inspection, there 
is compliance with that section.
    (b) Any necessary facilities for such inspection shall be extended 
to such representative by the licensee, its agents, and employees.

[62 FR 15087, Mar. 31, 1997]

                       Records of Market Receivers



Sec.  46.18  Record of produce received.

    Market receivers shall keep in the order of receipt a record of all 
produce received and this record shall be in the form of a book 
(preferably a bound

[[Page 267]]

book) with numbered pages or comparable business record. This record 
shall clearly show for each lot the date of arrival and unloading; 
whether received by freight, express, truck, or otherwise; the car 
initials and number; the truck license number and the driver's name or 
the name of the trucking firm; the number of packages or the quantity 
received; the kind of produce; the name and address of the consignor or 
seller; whether the produce was purchased; consigned or received on 
joint account; and the disposition of the produce, whether jobbed or 
sold in carlots or trucklots, and the lot number assigned to the 
shipment by the receiver (as required by Sec.  46.20).



Sec.  46.19  Sales tickets.

    Sales tickets shall bear printed serial numbers running 
consecutively and shall be used in numerical order so far as 
practicable. No serial number shall be repeated within a 90-day period. 
The sales tickets shall be prepared and all the details of the sale 
shall be entered on the tickets in a legible manner in order that an 
audit can be readily made. Erasures, strike-outs, changes, etc., should 
be held to the minimum. When errors are made in preparing sales tickets, 
the tickets should be voided. Each sales ticket shall show the date of 
sale, the purchaser's name (so far as practicable), the kind, quantity, 
the unit price, and the total selling price of the produce. Each sales 
ticket shall show the lot number of the shipment if the produce is being 
handled on consignment or on joint account. Sales tickets on all other 
lots of the same commodity which are on hand at the same time shall also 
show a lot number. The original or a legible carbon copy of each sales 
ticket, including those voided or unused, shall be accounted for and 
shall be filed or stored either by dates of sales or in the order of the 
serial numbers for a period of two years.



Sec.  46.20  Lot numbers.

    An identifying lot number shall be assigned to each shipment of 
produce to be sold on consignment or joint account or for the account of 
another person or firm. A lot number should be assigned to any purchased 
shipment in dispute between the parties to assist in proving damages. A 
lot number shall be assigned to each purchased shipment of similar 
produce on hand at that time or received later while the consigned or 
joint account or disputed lot is being sold. A lot number shall be 
assigned to each purchased shipment which is reconditioned if the seller 
is to be charged with the shrinkage or loss. The lot number shall be 
entered on the receiving record in connection with each shipment and 
entered on all sales tickets identifying and segregating the sales from 
the various shipments on hand. The lot number shall be entered on the 
sales tickets by the salesmen at the time of sale or by the produce 
dispatcher, and not by bookkeepers or others after the sales have been 
made. No lot number shall be repeated within a period of 30 days after 
the last sale from the preceding lot to which such number was assigned.



Sec.  46.21  Returns, rejections, or credit memorandums on sales.

    In the event of the rejection and return of any produce sold for or 
on behalf of another, on consignment, or on joint account, or of any 
necessary allowance or adjustment being made to the buyers thereof, a 
credit memorandum showing the buyer's name, sales ticket number, lot 
number, date of the granting of the allowance, and amount of the credit 
or adjustment, with reasons therefor, shall be made or a notation shall 
be made on the original sales ticket referring to the adjustment and 
showing where the credit memorandum is filed. The credit memorandum 
shall be on a regular form, in a ledger book, or on a sales ticket or 
invoice properly completed to show the facts and shall be approved by a 
duly authorized person. Credits granted shall be entered in the same 
records as the original sales tickets.



Sec.  46.22  Accounting for dumped produce.

    A clear and complete record shall be maintained showing 
justification for dumping of produce received on joint account, on 
consignment, or handled for or on behalf of another person if any 
portion of such produce regardless of percentage cannot be sold due to

[[Page 268]]

poor condition or is lost through re-sorting or reconditioning. In 
addition to the foregoing, if five percent or more of a shipment is 
dumped, an official certificate, or other adequate evidence, shall be 
obtained to prove the produce was actually without commercial value, 
unless there is a specific agreement to the contrary between the 
parties. The original certificate or other adequate evidence justifying 
dumping shall be forwarded to the consignor or joint account partner 
with the accounting and a copy shall be retained by the receiver.



Sec.  46.23  Evidence of dumping.

    Reasonable cause for destroying any produce exists when the 
commodity has no commercial value or when it is dumped by order of a 
local health officer or other authorized official or when the shipper 
has specifically consented to such disposition. The term ``commercial 
value'' means any value that a commodity may have for any purpose that 
can be ascertained by the exercise of due diligence without unreasonable 
expense or loss of time. When produce is being handled for or on behalf 
of another person, proof as to the quantities of produce destroyed or 
dumped in excess of five percent of the shipment shall be provided by 
procuring an official certificate showing that the produce has no 
commercial value from any person authorized by the Department to inspect 
fruits and vegetables. Where such inspection service is not available 
certification may be obtained from (a) any health officer or food 
inspector of any State, county, parish, city or municipality or of the 
District of Columbia; (b) any established commercial agency or service 
making inspections for the fruit and vegetable industry; or (c) when no 
inspector or health officer designated above is available consideration 
will be given to other evidence such as inspection and certification 
made by any two persons having no financial interest in the produce 
involved or in the business of any person financially interested 
therein, and who are unrelated by blood or marriage to any such 
financially interested person, and who, at the time of the inspection 
and certification, and for a period of at least one year immediately 
prior thereto, have been engaged in the handling of the same general 
kind or class of produce with respect to which the inspections and 
certification are to be made. Any certificate issued by any persons 
designated in paragraph (c) of this section shall include a statement 
that each of them possesses the requisite qualifications. Any such 
certificate shall properly identify the produce by showing the 
commodity, lot number, brand or principal identifying marks on the 
containers, quantity dumped, name and address of shipper, name and 
address of applicant, condition of the produce, time, place, and date of 
inspection and a statement that the produce possesses no commercial 
value.

                          Records of Retailers



Sec.  46.24  Records of retailers.

    Notwithstanding the specific records and documents prescribed in the 
foregoing sections, licensees who purchase produce solely for sale at 
retail shall establish and maintain accounts and records, adapted to 
their type of operations, which will fully and correctly disclose all 
transactions relating to the purchase of produce. Such accounts and 
records should include the date of receipt of each lot, kind of produce, 
number of packages and quantity, price paid, evidence of agreement, or 
contract of purchase, bills of lading, paid bills, and any other 
documents relating to the purchase of produce.

                              Auction Sales



Sec.  46.25  Auction sales.

    Commission merchants, dealers and brokers who offer produce for sale 
through auction companies which publish catalogs of offerings will be 
responsible for furnishing the auction company for publication true and 
correct information concerning the ownership of the produce. When the 
produce is offered for sale by an owner, his name shall be shown in the 
catalog listing as owner. When a joint account partner makes an 
offering, his name as well as that of his joint partner, or partners, 
shall be shown. When any person offers produce for sale at auction for 
the account of another, the

[[Page 269]]

name, or names of the owner, if known, and of his principal shall be 
shown. In addition to listing such name or names he may show that he is 
acting in the capacity of agent. If a person instructs an auction 
company to catalog a shipment without disclosing true ownership, if 
known, or the name of an agent's principal, he shall be deemed to have 
made a false or misleading statement within the meaning of the Act. 
Since sales at auctions normally involve additional expenses, a broker, 
grower's agent or commission merchant shall have prior consent from his 
principal before such disposition is accomplished. Where a dispute 
exists regarding the ownership of produce, it may be listed in the 
auction catalog as being offered for sale ``for the account of whom 
concerned'' with the name of the party making the offering shown as 
agent.

                           Duties of Licensees



Sec.  46.26  Duties of licensees.

    It is impracticable to specify in detail all of the duties of 
brokers, commission merchants, joint account partners, growers' agents 
and shippers because of the many types of businesses conducted. 
Therefore, the duties described in these regulations are not to be 
considered as a complete description of all of the duties required but 
is merely a description of their principal duties. The responsibility is 
placed on each licensee to fully perform any specification or duty, 
express or implied, in connection with any transaction handled subject 
to the Act.

                                 Brokers



Sec.  46.27  Types of broker operations.

    (a) Brokers carry on their business operations in several different 
ways and are generally classified by their method of operation. The 
following are some of the broad groupings by method of operation. The 
usual operation of brokers consists of the negotiation of the purchase 
and sale of produce either of one commodity or of several commodities. A 
broker is usually engaged by only one of the parties, but in negotiating 
a contract the broker acts as a special agent of first one and then the 
other party in conveying offers, counter offers, and acceptances between 
the parties. Once the contract is formed, and the confirmation issued, 
the broker's duties are usually ended, and the broker is not the proper 
party to whom notice of breach or of rejection should be directed. 
However, a broker receiving notice has a duty to promptly convey the 
notice to the proper party. Frequently, brokers never see the produce 
they are quoting for sale or negotiating for purchase by the buyer, and 
they carry out their duties by conveying information received from the 
parties between the buyer and seller until a contract is effected. 
Generally, the seller of the produce invoices the buyer, however, when 
there is a specific agreement between the broker and its principal, the 
seller invoices the broker who, in turn, invoices the buyer, collects, 
and remits to the seller. Under other types of agreements, the seller 
ships the produce to pool buyers, and the broker as an accommodation to 
the seller invoices the buyers, collects, and remits to the seller. 
Also, there are times when the broker is authorized by the seller to act 
much like a commission merchant, being given blanket authority to 
dispose of the produce for the seller's account either by negotiation of 
sales to buyers not known to the seller or by placing the produce for 
sale on consignment with receivers in the terminal markets.
    (b) There is a second general grouping of brokers which are commonly 
referred to as buying brokers. Their operations are typified by the fact 
that they act as the buyer's representative in negotiating purchases at 
shipping points, terminal markets, or intermediate points. Their typical 
type of operation is to negotiate a purchase on the buyer's instructions 
and authorization. Sometimes the broker negotiates the purchase without 
seeing the produce. In other instances he may select the merchandise 
after forming an appraisal of the quality of the produce being offered 
for sale on the market. Generally, a purchase is made in the buyer's 
name and the seller invoices the buyer direct. On the other hand, acting 
on authority given him by the

[[Page 270]]

buyer, the broker may negotiate purchases in his own name, pay the 
seller for the produce, make arrangements for its loading and shipment, 
and bill the buyer direct for the cost price plus the brokerage fee and 
the cost of any agreed upon accessorial service charges such as ice, 
loading, etc.

[28 FR 7067, July 11, 1963; 28 FR 7287, July 17, 1963, as amended at 62 
FR 15087, Mar. 31, 1997]



Sec.  46.28  Duties of brokers.

    (a) General. The function of a broker is to facilitate good faith 
negotiations between parties which lead to valid and binding contracts. 
A broker who fails to perform any specification or duty, express or 
implied, in connection with any transaction is in violation of the Act, 
is subject to the penalties specified in the Act, and may be held liable 
for damages which accrue as a result of the violation. It shall be the 
duty of the broker to fully inform the parties concerning all proposed 
terms and conditions of the proposed contract. After all parties agree 
on the terms and the contract is effected, the broker shall prepare in 
writing and deliver promptly to all parties a properly executed 
confirmation or memorandum of sale setting forth truly and correctly all 
of the essential details of the agreement between the parties, including 
any express agreement as to the time when payment is due. The 
confirmation or memorandum of sale shall also identify the party who 
engaged the broker to act in the negotiations. If the confirmation or 
memorandum of sale does not contain such information, the broker shall 
be presumed to have been engaged by the buyer. Brokers do not normally 
act as general agents of either party, and will not be presumed to have 
so acted. Unless otherwise agreed and confirmed, the broker will be 
entitled to payment of brokerage fees from the party by whom it was 
engaged to act as broker. The broker shall retain a copy of such 
confirmations or memoranda as part of its accounts and records. The 
broker who does not prepare these documents and retain copies in its 
files is failing to prepare and maintain complete and correct records as 
required by the Act. The broker who does not deliver copies of these 
documents to all parties involved in the transaction is failing to 
perform its duties as a broker. A broker who issues a confirmation or 
memorandum of sale containing false or misleading statements shall be 
deemed to have committed a violation of section 2 of the Act. If the 
broker's records do not support its contentions that a binding contract 
was made with proper notice to the parties, the broker may be held 
liable for any loss or damage resulting from such negligence, or for 
other penalties provided by the Act for failing to perform its express 
or implied duties. The broker shall take into consideration the time of 
delivery of the shipment involved in the contract, and all other 
circumstances of the transaction, in selecting the proper method for 
transmitting the written confirmation or memorandum of sale to the 
parties. A buying broker is required to truly and correctly account to 
its principal in accordance with Sec.  46.2(y)(3). The broker should 
advise the appropriate party promptly when any notice of rejection or 
breach is received, or of any other unforeseen development of which it 
is informed.
    (b) Brokerage fees. A broker is not considered to be entitled to a 
brokerage fee unless he effects a sale or makes a valid and binding 
contract, fully performing his duties as a broker. Unless otherwise 
specifically agreed, the broker does not guarantee the performance of 
the contracting parties and is entitled to receive prompt payment of the 
brokerage fee whenever a valid and binding contract is negotiated. 
Brokerage fees may be charged to only one of the parties to the contract 
unless by prior agreement the parties agree to split the brokerage fee. 
If the brokerage fee is charged to both parties without a specific prior 
agreement, such action by the broker is a violation of the Act. A broker 
employed to negotiate the sale of produce may not employ another broker 
or selling agent, including auction companies, without the specific 
prior approval of his principal. When the broker is authorized to sell, 
invoice the buyer, collect and remit to his principal, he shall render 
an itemized accounting to the principal promptly on receipt of payment, 
showing the true gross selling price, all brokerage fees

[[Page 271]]

deducted, any auction charges and any other expenses incurred in 
connection with the sale of the shipment. The failure to account truly 
and correctly and make full payment promptly is a violation of the Act.
    (c) Broker's responsibility for payment. In the absence of a 
specific agreement, a broker is not responsible for payment to the 
seller by the buyer. Agreement to collect from the buyer and remit to 
the seller is not a guarantee by the broker that the buyer will pay for 
the produce purchased, unless there is a specific agreement by the 
broker that he will pay if the buyer does not pay. A broker who agrees 
to collect funds from the buyer for his principal shall render an 
itemized accounting to the principal promptly on receipt of payment 
showing the true gross selling price, all brokerage fees deducted and 
all expenses including auction charges, incurred in connection with the 
sale of the shipment. The failure to account truly and correctly and 
make full payment promptly is a violation of the Act. While the broker 
is not obliged to furnish his principal information regarding the 
financial condition of the buyer, if the broker furnishes such 
information, he must truthfully report the information available to him, 
and any false or misleading statements for a fraudulent purpose to the 
principal to encourage the sale will be a violation of the Act. A buying 
broker who negotiates a purchase in his own name under an agreement with 
his principal, is responsible for payment of the purchase price to the 
seller. A broker has no authority to grant allowances or adjust the 
seller's invoice price to the buyer without the specific prior approval 
of his principal.
    (d) Purchases and sales by brokers. A person who operates in a dual 
capacity, both as a broker and a dealer, shall clearly disclose his 
status in each transaction to all parties with whom he is dealing. If 
such a person misrepresents himself as a broker to the buyer or the 
seller when he is acting as a dealer purchasing produce or selling 
produce he has purchased, he shall be considered to have violated the 
Act. When a person purchases or sells produce as a dealer, he shall not 
request or receive a brokerage fee from the buyer or the seller. A 
broker shall not negotiate a transaction where the broker is subject to 
the direct or indirect control of any party to the transaction other 
than his principal, or where the other party is subject to the direct or 
indirect control of the broker without fully disclosing the 
circumstances to his principal and obtaining his specific prior 
approval.
    (e) Filing carrier claims by brokers. Without prior consent of the 
owner, a broker has no authority to file claims with carriers in his own 
name or any other name. A broker has no obligation to file carrier 
claims for the owners of the shipments. However, when a broker in a 
transaction receives information valuable to the owner in connection 
with carrier claim rights, the broker should promptly advise the owner. 
A broker who agrees to protect the carrier claims of owners shall at all 
times exercise reasonable care to fulfill such obligation. If a broker 
makes an agreement with a seller or a buyer to file and handle such a 
claim for the benefit of the owner of the produce, the claim shall be 
filed promptly with the carrier, supported by adequate evidence, and he 
shall take the necessary action to bring the matter to a conclusion. A 
copy of the claim shall be forwarded to the owner of the shipment when 
the claim is filed. When settlement of the claim is effected, the broker 
shall promptly remit the net amount due the owner, after deducting the 
agreed or customary charges for handling the claim. Adequate information 
shall be furnished the owner regarding the claim while the matter is 
being handled with the carrier. If the owner files the claim, the broker 
shall promptly furnish any necessary information available in his 
records which is requested by the owner.

[28 FR 7067, July 11, 1963; 28 FR 7287, July 17, 1963, as amended at 37 
FR 14561, July 21, 1972; 62 FR 15087, Mar. 31, 1997]

    Receiving Market Commission Merchants and Joint Account Partners



Sec.  46.29  Duties.

    (a) General. All licensees who accept produce for sale on 
consignment or on joint account are required to exercise

[[Page 272]]

reasonable care and diligence in disposing of the produce promptly and 
in a fair and reasonable manner. A commission merchant engaged to sell 
consigned produce may not employ another person or firm, including 
auction companies, to dispose of all or part of such produce without the 
specific prior authority of the consignor. A commission merchant is not 
authorized to sell consigned produce outside the market area where he is 
located without obtaining the permission of the consignor. Averaging or 
pooling of sales is not permissible unless the receiver obtains the 
specific written permission of the consignor prior to rendering the 
accounting. Complete and detailed records shall be prepared and 
maintained by all commission merchants and joint account partners 
covering produce received, sales, quantities lost, dates and cost of 
repacking or reconditioning, unloading, handling, freight, demurrage or 
auction charges, and any other expenses which are deducted on the 
accounting, in accordance with the provisions of Sec.  46.18 through 
Sec.  46.23. When rendering account sales for produce handled for or on 
behalf of another, an accurate and itemized report of sales and expenses 
charged against the shipment shall be made. It is a violation of section 
2 of the Act to fail to render true and correct accountings in 
connection with consignments or produce handled on joint account. 
Charges which cannot be supported by proper evidence in the records of 
the commission merchant or joint account partner shall not be deducted. 
The commission merchant or joint account partner may be held liable for 
any financial loss and for other penalties provided by the Act, due to 
his negligence or failure to perform any specification or duty, express 
or implied, arising out of any transaction subject to the Act.
    (b) Commission charges. Before accepting produce on consignment, the 
parties should reach a definite agreement on the amount of the 
commission and other charges which will be assessed by the commission 
merchant. In the absence of such an agreement, only the usual and 
customary commission and other charges shall be permitted. The receiver 
may not reconsign produce to another person or firm, including auction 
companies, and incur additional commissions, charges or expenses without 
the specific prior authority of the consignor. Unless otherwise agreed 
upon by the parties, joint account partners shall not charge a 
commission fee or other selling charges against the joint account for 
disposing of the produce. When a portion of a consigned shipment is 
purchased by the commission merchant he shall not charge or receive a 
commission fee for such sales.
    (c) Purchasing consigned produce. A commission merchant or joint 
account partner may not purchase produce received on consignment or 
joint account or sell such produce to any person or firm over whose 
business he has direct or indirect control, or to any person or firm 
having direct or indirect control over his business, without specific 
prior authority of the consignor or the joint account partner. However, 
produce may be purchased by the commission merchant or joint account 
partner at reasonable market value to clean up remnants of shipments so 
accountings will not be unduly delayed, provided the accounting shows 
the quantity and price of the goods bought by the commission merchant or 
joint account partner. ``Remnants,'' as used here, mean small quantities 
remaining after the bulk of the shipment has been sold but shall not 
exceed 5 percent of the shipment. When consigned produce is purchased by 
a commission merchant he shall not charge or receive a commission fee 
for such sales.
    (d) Filing carrier claims. Without the prior consent of the owner of 
the produce, a commission merchant has no authority to file claims with 
carriers in his own name or any other name: Provided, That the 
commission merchant may file a claim for breakage where the owner has 
been paid for the full value of the produce without any deduction for 
damage. Commission merchants have no obligation to file carrier claims 
on shipments for the owners. However, when a commission merchant in a 
transaction receives information valuable to the consignor in connection 
with carrier claim rights, the commission merchant should promptly 
advise the consignor. Before a commission merchant files a carrier

[[Page 273]]

claim on a consigned shipment, a specific agreement shall be reached 
with the consignor. If a commission merchant is authorized and agrees to 
file the claim, he shall forward a copy of the claim filed with the 
carrier to the consignor and shall exercise reasonable care to protect 
the interests of the consignor by filing the claim promptly and in the 
proper amount, supported by adequate evidence, and shall take the 
necessary action to bring the matter to a conclusion. When settlement of 
the claim is effected, he shall promptly remit the net amount due the 
consignor, after deducting the agreed handling charges. Full and 
complete information shall be furnished the consignor while the claim is 
being handled. If the consignor is to file the claim, the commission 
merchant shall exercise reasonable care to protect the claim rights of 
the consignor and shall promptly furnish all necessary information and 
evidence from his records to enable the consignor to file a proper 
claim. A joint account partner who files a carrier claim on behalf of 
the partnership shall forward a copy of the claim filed with the carrier 
to his partner, keep him advised of its status, and remit promptly his 
share of the net proceeds realized from such claim.

                      Growers' Agents and Shippers



Sec.  46.30  Types of operations by growers' agents and shippers.

    (a) The usual operations of shippers consist of purchasing produce 
from growers in their own names. They distribute the produce in commerce 
by selling, consigning, or jointing the shipments, assuming any loss or 
profits that result from these operations. In addition, shippers may 
handle produce on joint account with growers or others.
    (b) Growers' agents sell and distribute produce for or on behalf of 
growers and others and, in addition, may perform a wide variety of 
services, such as financing, planting, harvesting, grading, packing, 
furnishing labor, seed, containers, and other supplies or services. They 
usually distribute the produce in their own names and collect payment 
direct from the consignees. They render accountings to their principals, 
paying the net proceeds after deducting their expenses and fees. Some 
agents are limited by contract to making only sales and cannot joint or 
consign produce without obtaining the prior consent of the growers. 
Other agents are granted blanket authority by the growers to market and 
distribute the produce, using their discretion as to the best methods, 
depending on market conditions and the quality of the produce available. 
They can sell, consign or ship on joint account, use the services of 
brokers or sell through terminal market auctions. They are authorized to 
grant credits, make adjustments in the invoice price, handle claims with 
the carriers, or even abandon shipments, when circumstances justify such 
action, without consulting the growers. Some agents have an agreement 
with the growers to pool the produce and render accountings on the basis 
of the average or prorated selling prices after deducting the prorated 
expenses incurred for the various operations performed and the agents' 
selling fees. Some agents's contracts require an accounting on the basis 
of actual selling prices after deducting the actual expenses incurred 
for services performed and the selling fees. Some agents' contracts 
specify a fixed charge for harvesting, grading, packing, furnishing the 
container or other services, plus a selling fee, and thereby 
substantially reduce the record requirements necessary to prove the cost 
of the various operations.



Sec.  46.31  Duties of shippers.

    (a) General. The responsibilities of shippers vary with their 
contracts with growers to purchase produce or to handle produce on joint 
account. Similarly, their responsibilities to their customers depend 
upon their contracts to sell, consign or joint account produce with 
dealers on terminal markets. Shippers shall pay promptly for produce 
purchased and any deficits incurred on consigned shipments. They shall 
fully comply with their obligations in connection with joint account 
transactions. A shipper who fails to perform any express or implied duty 
is in violation of the Act and may be held liable for any damages 
resulting therefrom. The shipper shall prepare and

[[Page 274]]

maintain records which fully and correctly disclose the details of his 
transactions.
    (b) Receiving records. Each shipper shall prepare and maintain a 
record of all produce handled including his own production. This record 
shall be in the form of a book (preferably a bound book), with numbered 
pages or comparable business records. This receiving record shall show 
for each lot the date received, whether purchased or received on joint 
account, the quantity, quality, and kind of produce, the purchase price 
or joint account cost, and the name and address of the supplier. 
Shippers shall issue receipts to growers and others for all produce 
received.
    (c) Disposition records. When a shipper purchases produce from 
growers or others, his records shall also show the disposition of the 
produce, whether sold or consigned, date of shipment, car number, or if 
shipped by truck, the license number, name and address of the carrier, 
name and address of the buyer, commission merchant or auction, and other 
pertinent details of the transaction, such as the terms of sale, selling 
price, and date of payment.
    (d) Joint accounts with growers. When a shipper enters into a joint 
account transaction with growers or others, the agreement between the 
parties should be reduced to a written contract clearly defining the 
duties and responsibilities of both parties and the extent of the 
shipper's authority in distributing the produce. The shipper shall 
prepare and maintain records to show in detail the actual expenses 
incurred for the services he furnishes, such as harvesting, grading, 
packing and selling the produce (unless a fixed charge is agreed upon by 
the parties to cover the cost of these services), methods of 
distribution and proceeds received for the produce. If a shipper is at 
the same time handling similar produce not involved in the joint account 
transaction, a lot number or other positive means of identification 
shall be assigned to each lot of produce received in order to segregate 
and identify the various lots of produce. If a shipper consigns all or 
part of the produce or employs the services of brokers or terminal 
market auctions, his records shall show the results of these 
transactions, including the expenses involved and the names and 
addresses of the commission merchants, brokers, and the auctions. The 
shipper shall render a detailed and accurate accounting and pay promptly 
the net proceeds due the joint partner, in accordance with Sec.  
46.2(y), (z), and (aa). The accounting shall disclose the status of all 
claims collected or filed with the carriers.
    (e) Joint accounts with receivers. When a shipper enters into a 
joint account agreement with a terminal market dealer, the agreement 
should be reduced to writing clearly defining the terms of the 
agreement. The shipper's records shall show the expenses which may be 
properly charged in accordance with the joint agreement, purchase price 
or joint account cost of the produce, and cost of harvesting, packing, 
grading, or other expenses. His records shall show the quantity and 
quality of the produce packed and shipped, the dates and methods of 
shipment, and all other pertinent details of his operation. At the 
conclusion of the transaction, a detailed and accurate accounting shall 
be furnished promptly to the joint partner, in accordance with Sec.  
46.2(z). If a deficit results, the shipper shall pay promptly his share 
of the deficit.



Sec.  46.32  Duties of growers' agents.

    (a) General. The duties, responsibilities, and extent of the 
authority of a growers' agent depend on the type of contract made with 
the growers. Agreements between growers and agents should be reduced to 
a written contract clearly defining the duties and responsibilities of 
both parties and the extent of the agent's authority in distributing the 
produce. When such agreements between the parties are not reduced to 
written contracts, the agent shall have available a written statement 
describing the terms and conditions under which he will handle the 
produce of the grower during the current season and shall mail or 
deliver this statement to the grower on or before receipt of the first 
lot. A grower will be considered to have agreed to these terms if, after 
receiving such statement, he delivers his produce to the agent for 
handling in the usual

[[Page 275]]

manner. In the event an unsolicited lot of produce is accepted by an 
agent for handling in his usual manner, he shall promptly deliver or 
mail a copy of such statement to the grower. A copy of this statement, 
showing the name of the grower and the date the statement was delivered 
to the grower, shall be retained in the agent's files. An agent who does 
not have in his files either written contracts or a written statement as 
required herein is failing to prepare and maintain full and complete 
records as required by the Act. Provided, That regulations or bylaws of 
cooperative marketing associations may be used in lieu of individual 
agreements or contracts to determine the methods of accounting and 
settlement with their grower members. An agent who fails to perform any 
specification or duty, express or implied, is in violation of the Act 
and may be held liable for any damages resulting therefrom and for other 
penalties provided under the Act for such failure.
    (b) Accounting for charges. A growers' agent whose operations 
include such services as the planting, harvesting, grading, packing, 
furnishing of containers or other supplies, storing, selling or 
distributing produce for or on behalf of growers shall prepare and 
maintain complete records on all transactions in sufficient detail as to 
be readily understood and audited. Agents must be in a position to 
render to the growers accurate and detailed accountings covering all 
aspects of their handling of the produce. Agents shall maintain a record 
of all produce received in the form of a book (preferably a bound book) 
with numbered pages or comparable business records, showing for each lot 
the date received, quantity, the kind of produce and the name and 
address of the grower. Agents shall issue receipts to growers and others 
for all produce received. A lot number or other positive means of 
identification shall be assigned to each lot in order to segregate the 
various lots of produce received from different growers from similar 
produce being handled at the same time. Each lot shall be so identified 
and segregated throughout all operations conducted by the agent, 
including the sale or other disposition of the produce. The records 
shall show the result of all packing and grading operations, including 
the quantity lost through packing and grading and the quantity and 
quality packed out. If the culls are sold, they shall be included in the 
accounting. Unless there is a specific agreement with the growers to 
pool all various growers' produce, the accounting to each of the growers 
shall itemize the actual expenses incurred for the various operations 
conducted by the agent and all the details of the disposition of the 
produce received from each grower including all sales, adjustments, 
rejections, details of consigned or jointed shipments and sales through 
brokers, auctions, and status of all claims filed with or collected from 
the carriers. The agent shall prepare and maintain full and complete 
records on all details of such distribution to provide supporting 
evidence for the accounting. If an agent is working under a pool 
agreement with growers, the accounting shall show how the pool cost and 
pool sales prices are computed. If the agent and the growers have agreed 
on a fixed charge to cover the various operations conducted by the 
agent, actual expenses incurred for these services covered by the 
agreement are not required to be shown in the accounting. The failure of 
the agent to render prompt, accurate and detailed accountings in 
accordance with Sec.  46.2 (z) and (aa), is a violation of the Act.
    (c) Sales through brokers or auctions. Unless a growers' agent is 
specifically authorized in his contract with the growers to use the 
services of brokers, commission merchants, joint partners, or auctions, 
he is not entitled to use these methods of marketing the growers' 
produce. Any expense incurred for such services, without the growers' 
permission, cannot be charged to the growers.
    (d) Filing of carrier claims. Without the prior consent of the 
growers, an agent has no authority to file claims with the carriers in 
his own name or any other name. An agent has no obligation to file 
carrier claims on shipments for growers in the absence of a specific 
agreement to perform these duties. All information which an agent has 
received in handling the shipment which is essential for the growers to

[[Page 276]]

file such claims shall be made available to the growers. If an agent has 
an agreement with the growers to file and handle carrier claims, he 
shall exercise reasonable care in handling the claims with the carriers 
by filing the claim promptly in the proper amount, supported by adequate 
evidence, and take any necessary action to bring the matter to a 
conclusion.
    (e) Purchases and sales by growers' agents. A person who operates in 
a dual capacity, both as a growers' agent and as a shipper, shall 
clearly disclose his status in each transaction to all parties with whom 
he is dealing. If such a person misrepresents himself as an agent, when 
he is acting as a shipper selling produce he has purchased, he shall be 
considered to have violated the Act. A growers' agent shall not charge 
or receive a fee from the seller or the buyer when he purchases or sells 
produce as a shipper. A growers' agent shall not negotiate a transaction 
where he is subject to the direct or indirect control of any party to 
such transactions, other than his principal, or where the other party is 
subject to the agent's direct or indirect control, without fully 
disclosing the circumstances to his principal and obtaining his specific 
prior approval.
    (f) Negligence of agent. A growers' agent may be held liable for any 
loss or damage resulting to the growers due to his negligence or failure 
to perform any specification or duty, express or implied, arising out of 
any undertaking in connection with transactions subject to the Act.
    (g) Responsibility for payment. An agent is not responsible for the 
payment by the buyer who has purchased the growers' produce on credit, 
unless he guarantees payment or is negligent in extending credit. 
Agreement to collect from the buyer and remit to his principal is not a 
guarantee by the agent that the agent will pay if the buyer does not 
pay.
    (h) Responsibility for payment of selling fees and expenses to the 
growers' agent. In the absence of a specific agreement to the contrary, 
the agent does not guarantee the performance of the contracting parties 
and he is entitled to the payment of his selling fees and expenses 
incurred in handling the produce of growers or others, providing he 
fully performs his duties as agent.
    (i) Agent's financial responsibility to buyers for failure to comply 
with contracts. If a growers' agent contracts in his own name to deliver 
produce to a buyer and subsequently cannot deliver produce complying 
with the contract because the growers cannot or will not deliver such 
produce to him, he may be liable to the buyer for damages resulting from 
the breach of the contract.

                           Conversion of Funds



Sec.  46.33  Conversion of funds.

    Any licensee who collects or receives funds for or on behalf of 
another person or firm in connection with produce shall not make any use 
or disposition of such funds in his possession or control that will 
endanger or impair faithful and prompt payment to the owner or consignor 
of the produce or to any other person having a financial interest 
therein.

                         Disclosure of Business



Sec.  46.34  No disclosure of business of licensee.

    No representative of the Department shall, without the consent of 
the licensee, divulge or make known, except to financially interested 
parties, or to other representatives of the Department who may be 
required to have such knowledge in the regular course of their official 
duties, or except insofar as he may be directed by the Secretary, Deputy 
Administrator, Director, or a court of competent jurisdiction, any facts 
or information regarding the business of such licensee which may come to 
the knowledge of such representative through an examination or 
inspection of the business or the accounts of the licensee, unless such 
facts or information should be testified to at a hearing authorized by 
the act because they are relevant and material to the issue in the case 
being heard.

                  Suspension and Revocation of Licenses



Sec.  46.35  Suspension or revocation order.

    (a) Whenever the Secretary shall order the suspension or revocation 
of a

[[Page 277]]

license, the person against whom such order is directed shall be served 
by the Hearing Clerk with a copy of the order, and be notified of the 
effective date thereof. Service of orders shall be accomplished in 
accordance with Sec.  47.4 of this chapter.
    (b) Except in the case of any license automatically suspended by the 
Act, a reasonable time shall be allowed, which shall not be less than 10 
days between the date of issuance of the order of suspension or 
revocation and the date upon which such order becomes effective, during 
which period the licensee may make all necessary arrangements with some 
other person, who has a valid and effective license to safeguard the 
interests of consignors or other innocent parties whose property or 
business may be affected by such suspension or revocation and during 
which the licensee may terminate his affairs and business relating to 
the handling of produce.
    (c) After the revocation of his license or during the effective 
period of any suspension thereof, no person shall, either directly or 
indirectly, through any agent, employee, or otherwise, carry on the 
business of a commission merchant, dealer, or broker until his status as 
a licensee has been restored.
    (d) The suspension or revocation of a license shall not prevent the 
licensee from collecting amounts due on contracts entered into prior to 
the date of suspension or revocation or from remitting promptly to his 
principals and obligees.

                          Publication of Facts



Sec.  46.36  Publicity.

    Upon the issuance by the Secretary of an order revoking or 
suspending a license, or in case of automatic suspension of a license 
for failure to pay a reparation award, the Director shall cause general 
publicity to be given to such fact, in order that those doing business 
with the licensee whose license has been revoked or suspended may take 
due notice thereof.

                          Sundays and Holidays



Sec.  46.37  Sundays and holidays excluded.

    Sundays and holidays shall not be included in the computation of the 
5-day period provided by section 7(d) of the Act nor in connection with 
the periods defined in Sec.  46.43 with exception of paragraph (a) 
thereof.



Sec.  46.38  Sundays and holidays included.

    Sundays and holidays shall be included in the computation of all 
other periods mentioned in the Act or in the regulations in this part.

                          Commodity Inspection



Sec.  46.39  Inspection of commodities.

    Each licensee shall, during ordinary business hours, promptly upon 
request, permit any duly authorized representative of the Department to 
inspect any lot of produce under his ownership or control covered by the 
Act. Any necessary facilities for such inspection shall be extended to 
such representative by the licensee, his agents, and employees. The 
licensee shall be furnished a copy of any certificate or memorandum of 
inspection which is issued for any lot of produce which is inspected in 
accordance with this section.



Sec.  46.40  Inspection service.

    The rules and regulations of the Secretary governing inspection and 
certification of fresh fruits and vegetables as outlined in part 51 of 
this chapter; and frozen fruits and vegetables as outlined in part 52 of 
this chapter, and amendments thereto, and such additional amendments as 
may from time to time be promulgated shall govern the inspection of such 
products under the Act and are hereby made a part of the regulations in 
this part.

       Licensee's Responsibility for Acts of Employees and Agents



Sec.  46.41  Licensee's responsibility for acts of employees and agents.

    In construing and enforcing the provisions of the Act and the 
regulations

[[Page 278]]

in this part, the act, omission, or failure of any agent, officer, or 
other person acting for or employed by a licensee, within the scope of 
his employment or office, shall in every case be deemed the Act, 
omission, or failure of the licensee.

[25 FR 4853, June 2, 1960. Redesignated at 28 FR 7067, July 11, 1963]

                            Copies of Records



Sec.  46.42  Copies of records; how obtained.

    Copies of records pertaining to licensees under the Act may be 
furnished under the conditions and at the prices prescribed in the 
regulations of the Department.

[25 FR 4853, June 2, 1960. Redesignated at 28 FR 7067, July 11, 1963]

                       Trade Terms and Definitions



Sec.  46.43  Terms construed.

    The following terms and definitions, when used in any contract or 
communication involving any transaction coming within the scope of the 
Act, shall be construed as follows:
    (a) Today's shipment, or shipment on a specified date (such as 
shipment September 12), means in connection with shipments by rail, that 
the goods referred to shall be under billing by the transportation 
company on the date the order is given or on the date specified in time 
to be picked up by a train schedule to move that day's loadings from the 
shipping point. When used in connection with shipments by boat, this 
term shall mean that the goods shall be placed alongside the boat and be 
under billing in time to be loaded and shipped on a boat scheduled to 
leave before midnight of the date specified. When used in connection 
with shipments by truck, this term shall mean that the goods shall be 
loaded and shall actually start from loading point to destination before 
midnight of the date specified.
    (b) Tomorrow's shipment or immediate shipment means that the 
shipment referred to shall be under billing by the transportation 
company in time to move on a transportation facility scheduled to leave 
not more than 24 hours later than allowed under ``today's shipment.''
    (c) Quick shipment means that the conditions of the offer, order, or 
confirmation will be met if the shipment is under billing by the 
transportation company in time to move on a transportation facility 
scheduled to leave not more than 48 hours later than allowed under 
``today's shipment.''
    (d) Prompt shipment means that the conditions of the offer, order, 
or confirmation will be met if the shipment is under billing by the 
transportation company in time to move on a transportation facility 
scheduled to leave not more than 72 hours later than allowed under 
``today's shipment.''
    (e) Shipment first part of week or shipment early part of week means 
that the produce referred to shall be under billing on Monday or Tuesday 
of the week specified in time to be picked up by a train scheduled to 
move these days' loadings from the shipping point. When used in 
connection with shipments by truck, this term shall mean that the goods 
shall be loaded and shall actually start from loading point to 
destination before midnight on Tuesday of the week specified.
    (f) Shipment middle of week means that the produce referred to shall 
be under billing by the transportation company in time to move on a 
transportation facility scheduled to leave Wednesday or Thursday of the 
week specified. When used in connection with shipments by truck, this 
term shall mean that the goods shall be loaded and shall actually start 
from loading point to destination before midnight on Thursday of the 
week specified.
    (g) Shipment last of week or shipment latter part of week means that 
the produce referred to shall be under billing by the transportation 
company in time to move on a transportation facility scheduled to leave 
on Friday or Saturday of the week specified. When used in connection 
with shipments by truck, this term shall mean that the goods shall be 
loaded and shall actually start from loading point to destination before 
midnight on Saturday of the week specified.

[[Page 279]]

    (h) Shipment as soon as possible or Shipment as soon as car (truck) 
can be secured means that the shipper is uncertain as to when the 
shipment can be made, but expects to make it within a reasonable time 
and will make it soon as possible. But in any case where these words are 
used the buyer shall, at any time after 7 days from the date the order 
is given, have the right to cancel the order or contract of sale, if 
notice of his decision so to cancel shall have been received by the 
shipper before shipment has been made.
    (i) F.o.b. (for example, f.o.b. Laredo, Tex., or f.o.b. California) 
means that the produce quoted or sold is to be placed free on board the 
boat, car, or other agency of the through land transportation at 
shipping point, in suitable shipping condition (see definitions of 
``suitable shipping condition,'' paragraphs (j) and (k) of this 
section), and that the buyer assumes all risk of damage and delay in 
transit not caused by the seller irrespective of how the shipment is 
billed. The buyer shall have the right of inspection at destination 
before the goods are paid for to determine if the produce shipped 
complied with the terms of the contract at time of shipment, subject to 
the provisions covering suitable shipping condition.
    (j) Suitable shipping condition, in relation to direct shipments, 
means that the commodity, at time of billing, is in a condition which, 
if the shipment is handled under normal transportation service and 
conditions, will assure delivery without abnormal deterioration at the 
contract destination agreed upon between the parties. If a good delivery 
standard for a commodity is set forth in Sec.  46.44, and that commodity 
at the contract destination contains deterioration in excess of any 
tolerance provided therein, it will be considered abnormally 
deteriorated. The seller has no responsibility for any deterioration in 
transit if there is no contract destination agreed upon between the 
parties.
    (k) Suitable shipping condition, in connection with reconsigned 
rolling or tramp cars, means that the commodity, at time of sale, meets 
the requirements of this phrase as defined in paragraph (j) of this 
section, relating to direct shipments.
    (l) F.o.b. acceptance or Shipping point acceptance means that the 
buyer accepts the produce at shipping point and has no right of 
rejection. The buyer has recourse against the seller if the produce was 
not in suitable shipping condition (see definitions, paragraphs (j) and 
(k) of this section) or has recourse for a material breach of contract, 
providing the shipment is not rejected. The buyer's remedy under this 
method of purchase is by recovery of damages from the seller and not by 
rejection.
    (m) F.o.b. acceptance final or Shipping point acceptance final means 
that the buyer accepts the produce at shipping point and has no right of 
rejection. Suitable shipping condition does not apply under this trade 
term. The buyer does have recourse for a material breach of contract, 
providing the shipment is not rejected. The buyer's remedy under this 
type of contract is by recovery of damages from the seller and not by 
rejection of the shipment.
    (n) F.o.b. steamer means that the produce is to be placed free on 
board steamer at shipping point, in suitable shipping condition (see 
definitions of ``suitable shipping condition'', paragraphs (j) and (k) 
of this section) in accordance with the terms of the contract, and that 
the buyer assumes all responsibility and risk of damage thereafter.
    (o) F.a.s. steamer means that the produce is to be delivered free 
alongside the steamer, in suitable shipping condition (see definitions 
of ``suitable shipping condition'', paragraphs (j) and (k) of this 
section), in accordance with the terms of the contract, and that the 
buyer assumes all responsibility and risk of damage thereafter.
    (p) Delivered or delivered sale means that the produce is to be 
delivered by the seller on board car, or truck or on dock if delivered 
by boat, at the market in which the buyer is located, or at such other 
market as is agreed upon, free of any and all charges for transportation 
or protective service. The seller assumes all risks of loss and damage 
in transit not caused by the buyer For example, a sale of ``U.S. No. 1 
potatoes delivered Chicago'' means that the potatoes, when tendered for 
delivery at Chicago, shall meet all the

[[Page 280]]

requirements of the U.S. No. 1 grade as to quality and condition.
    (q) In transit, roller, or rolling car means that the produce 
referred to is in possession of the transportation company and under 
movement from shipping point when the quotation is made, and that the 
car is moving over a route in line of haul between the point of origin 
and the market in which delivery is to be made, and has been so moving 
since date of shipment, without any delay attributable to the shipper or 
his agent. Unless otherwise specifically agreed, if a roller, rolling 
car, or a car in transit is sold f.o.b. shipping point, the buyer shall 
be deemed to have assumed only the lowest all-rail freight charges 
applicable for the shipment between the point of origin and the contract 
destination agreed upon between the parties together with such other 
charges which would have accrued if the car had been originally shipped 
direct to the contract destination: Provided, That the buyer is not 
liable for payment for protective services if the seller does not inform 
him of the kind and extent of such services ordered from the carrier.
    (r) Tramp car or tramp car sale means that the produce has left the 
shipping point under a bill of lading issued prior to the day on which 
the quotation is made and has moved or is moving over a route out of 
line of haul with the market in which it is to be delivered or in which 
it is being offered or quoted, or has been moving over a route in line 
of haul between the point of origin and the market in which it is to be 
delivered or in which it is being offered or quoted, but has been 
delayed in transit by the seller, or has been held by the transportation 
company at diversion or other points en route awaiting instructions from 
the shipper and by such holding or delay has missed scheduled movement 
between points of shipment and the market in which it is to be delivered 
as the result of the transaction in question. Unless otherwise 
specifically agreed, if a ``tramp car'' is sold f.o.b. shipping point or 
a ``tramp car sale'' is made f.o.b. shipping point, the buyer shall be 
deemed to assume only the lowest authorized all-rail freight charges 
applicable for the shipment between the point of origin and the contract 
destination agreed upon between the parties, together with such other 
charges which would have accrued if the car had been originally shipped 
direct to the contract destination: Provided, That the buyer is not 
liable for payment for protective services if the seller does not inform 
him of the kind and extent of such services ordered from the carrier.
    (s) Rolling acceptance means that the buyer accepts at time of 
purchase produce which is in the custody of the transportation company 
and under movement from shipping point, under the terms and conditions 
described in paragraphs (q) and (r) of this section, except that the 
buyer assumes full responsibility for transportation of the goods from 
time of purchase, has no recourse against the seller because of any 
change in condition after time of purchase unless the goods at the time 
of sale were not in suitable shipping condition, and has no right of 
rejection on arrival. The buyer's remedy under this method of purchase 
is by recovery of damages from the shipper and not by rejection of the 
shipment. By agreement between the parties, however, the purchase may be 
made subject to inspection at any specified point while the car is 
rolling or in transit and the point at which the buyer will assume 
transportation charges may be specified without affecting the time of 
acceptance of the commodity.
    (t) Rolling acceptance final means the same as Rolling acceptance 
except that the buyer has no recourse against the seller because of any 
change in condition of the produce in transit. The buyer has recourse 
against the seller for any material breach of the contract providing the 
shipment is not rejected. The buyer's remedy under this type of contract 
is recovery of damages from the seller and not by rejection.
    (u)(1) Track sale or sale on track means a sale of produce on track 
after transit and after inspection or opportunity for inspection by the 
buyer, or his agent, who shall be considered to have waived any right to 
reject the commodity so purchased upon receipt by him or his duly 
authorized representative from the seller or his duly authorized 
representative of the bill of

[[Page 281]]

lading, delivery order, or other document enabling him to obtain the 
goods from the carrier.
    (2) The above definition shall not be construed as depriving the 
buyer of a right to reparation when the unloading of the car 
demonstrates that a part of the lading which was not accessible to 
inspection was of a quality or condition materially inferior to that 
portion which was accessible to inspection; but notice of intention to 
file a claim for reparation must be given the seller within 24 hours 
after receipt by the buyer of the delivery order or bill of lading.
    (3) If the seller gives the date of arrival when quoting price, the 
buyer shall, in the absence of any written memorandum of sale to the 
contrary, assume all charges that accrue on the shipment from the date 
of its arrival. If the seller fails to furnish the date of arrival when 
quoting price the buyer may, in the absence of any written memorandum of 
sale which includes the date of arrival or specific written statement as 
to who shall assume such charges as have accrued after arrival, assume 
that the shipment arrived at point of sale on the day and date upon 
which the purchase was made, and shall be liable only for such charges 
as would properly attach to a shipment arriving on the date the purchase 
was made.
    (v) C.a.f., c.a.c., and c.i.f. mean cost and freight, cost and 
charges, and cost, insurance, and freight, respectively. C.a.f. sales 
shall be deemed to be the same as f.o.b. sales, except that the selling 
price shall include the correct freight charges to destination. C.a.c. 
sales shall be deemed to be the same as f.o.b. sales, except that the 
selling price includes the correct freight and refrigeration or heater 
charges to destination. C.i.f. sales shall be deemed to be the same as 
f.o.b. sales, except that the selling price includes insurance and the 
correct freight and refrigeration or heater charges to destination.
    (w) Carload, carlot, or car when used in offers, quotations, or 
contracts in which the quantity is not more definitely specified, and in 
the absence of well-established trade custom or standard as to size of a 
``carload,'' ``carlot,'' or ``car'' of the produce in question, means 
not less than the minimum quantity required by the carrier's tariff 
applicable to the movement, and not more than 10 percent in excess of 
such minimum tariff requirements, except that, where the carrier's 
tariffs provide alternative rates and minimum, the buyer shall state 
which tariff minimum must be observed, and, in event of failure so to 
do, the shipper may exercise his discretion, in no case, however, 
exceeding the higher alternative minimum quantity provided by the 
tariff, with only such variations therefrom as are permitted by this 
paragraph.
    (x) Shipping-point inspection means that the seller is required to 
obtain Federal or Federal-State inspection, or such private inspection 
as has been mutually agreed upon, to show the compliance of the lot sold 
with the quality, condition, and grade specifications of the contract, 
and that the seller assumes the risk incident to incorrect 
certification.
    (y) Shipping-point inspection final, or inspection final following 
the name of the State or point, as California inspection final, means 
that the seller is required to obtain Federal or Federal-State 
inspection, or such private inspection as has been mutually agreed upon, 
to show the compliance of the lot sold with the quality, condition, and 
grade specifications of the contract, and that the buyer assumes the 
risk incident to incorrect certification and is without recourse against 
the seller on account of quality, condition, and grade.
    (z) Subject approval Government inspection means that the seller is 
required to obtain Federal or Federal-State inspection, or such private 
inspection as has been mutually agreed upon, and to correctly 
communicate, by wire or other agreed means, the statements on the 
certificate as to quality, condition and grade, and other essential 
information, whereupon the buyer, upon approval thereof, will be deemed 
to have accepted the produce without recourse against the seller on 
account of quality, condition, and grade.
    (aa) Guaranteed advance used in connection with an advance payment 
on consigned produce means that the person making the advance guarantees 
that the net proceeds to the consignor

[[Page 282]]

shall at least equal the amount so advanced, and that the consignor 
cannot be held liable for any deficit resulting from the sale of the 
produce, if such deficit is not occasioned by or contributed to by an 
act of the consignor.
    (bb) Accommodation advance or regular advance, used in connection 
with an advance of money or credit against anticipated net proceeds to 
be realized from the sale of consigned produce, means that the consignor 
has received an advance of money or credit and that, if the consigned 
produce does not sell for enough to cover the cost of transportation and 
handling, including customary or agreed commission and the advance made 
to him, the consignor must return to the person making the advance a sum 
equal to the deficit sustained.
    (cc) Price arrival, in the absence of a contrary specific 
understanding, means that the produce is shipped either direct to the 
customer or to an agent of the consignor, for the benefit of the 
customer, the price to be subject to agreement between the customer and 
the consignor upon the arrival of the produce at the customer's 
destination, with sufficient time being permitted for inspection.
    (dd) F.o.b. inspection and acceptance arrival means that the produce 
quoted or sold is to be placed by the seller free on board car or other 
agency of through transportation at shipping point, the cost of 
transportation to be borne by the buyer, but the seller to assume all 
risks of loss and damage in transit not caused by the buyer, who has the 
right to inspect the goods upon arrival and to reject them if, upon such 
inspection, they are found not to meet the specifications of the 
contract of sale at destination. The buyer may not reject without 
reasonable cause. Such a sale is f.o.b. only as to price and is on a 
delivered basis as to grade, quality, and condition.
    (ee) F.o.b. sale at delivered price means the same as f.o.b., except 
that transportation charges from shipping point to destination shall be 
borne by the seller; that is, the sale is f.o.b. as to grade, quality, 
and condition, and delivered as to price.
    (ff) Purchase after inspection means a purchase of produce after 
inspection or opportunity for inspection by the buyer or his agent. 
Under this term the buyer has no right of rejection and waives all 
warranties as to quality or condition, except warranties expressly made 
by the seller.
    (gg) Cash sale means that the buyer is required to pay the seller 
within 24 hours after his acceptance of the shipment.
    (hh) Joint Account--Split Above means that the receiving joint 
partner will pay promptly the agreed cost of the shipment to his joint 
partner. After disposition of the produce, the parties will divide 
equally the profits on the shipment after deduction of the cost of the 
shipment and proper expenses from the gross proceeds. The receiving 
joint partner will pay all expenses and cannot recover any loss 
resulting from the joint venture.
    (ii) Commercial Unit means a single shipment of one or more 
perishable agricultural commodities tendered for delivery on a single 
contract, such commercial unit must be accepted or rejected in its 
entirety. Acceptance of a commercial unit does not modify the parties' 
existing contractual rights and responsibilities.

[25 FR 4853, June 2, 1960, as amended at 26 FR 12209, Dec. 21, 1961. 
Redesignated at 28 FR 7067, July 11, 1963, and amended at 44 FR 50576, 
Aug. 29, 1979]

                         Good Delivery Standards



Sec.  46.44  Good delivery.

    Unless otherwise agreed to between the contracting parties, ``Good 
Delivery'' in connection with f.o.b. contracts of purchase and sale 
means that the commodity meets the requirements of the contract at time 
of loading or sale and, if the shipment is handled under normal 
transportation service and conditions, will meet the following 
additional requirements on delivery at the contract destination:
    (a) Lettuce. (1) If the contract specifies a U.S. grade, the lettuce 
may contain an average of not more than 3 percent condition defects, 
including not more than 2 percent decay affecting any portion of the 
head exclusive of wrapper leaves in excess of the destination tolerances 
provided for the applicable grade in the U.S. Standards for

[[Page 283]]

Grades of Lettuce. (For example, the U.S. No. 1 grade provides a 12 
percent tolerance for damage at destination. If a lot contains 5 percent 
damage by permanent grade factors, 7 percent of the tolerance can be 
applied to damage by condition factors. The additional 3 percent Good 
Delivery tolerance would then allow a total of 10 percent damage by 
condition factors in this shipment at destination.)
    (2) If the contract does not specify a U.S. grade or percentage of 
condition defects, the lettuce at destination may contain a maximum of 
15 percent, by count, of the heads in any lot which are damaged by 
condition defects, including therein not more than 9 percent serious 
damage of which not more than 5 percent may be decay affecting any 
portion of the head exclusive of wrapper leaves. Sales made on a 
percentage of a U.S. grade, without specifying the percentage of 
condition defects separately from the permanent defects, fall under this 
provision, and the lettuce may not contain more than a total of 15 
percent condition defects at destination. However, if the condition 
defects are specified, provision No. 3 will apply.
    (3) If the contract specifies a percentage of individual or combined 
condition defects, the lettuce at destination may contain either of the 
following, whichever is greater:
    (i) One and one-half times the specified percentage of damage or 
serious damage by condition defects: Provided, That, if serious damage 
is not specified, one-half of the allowance at destination may be 
serious damage, including therein not more than one-quarter of the total 
allowance may be decay affecting any portion of the head exclusive of 
wrapper leaves. (For example, a lot sold as ``16 percent tipburn'' could 
have a total of 24 percent damage by tipburn at destination, including 
not more than 12 percent serious damage of which not more than 6 percent 
may be decay affecting any portion of the head exclusive of wrapper 
leaves.) or
    (ii) Up to 15 percent, by count, of the heads in any lot which are 
damaged by condition defects, including therein not more than 9 percent 
serious damage of which not more than 5 percent may be decay affecting 
any portion of the head exclusive of wrapper leaves.

Unless otherwise agreed to by the parties, condition defects will be 
considered to be damage as defined in the U.S. Standards for Lettuce.
    (4) If the contract clearly indicates by descriptive terms that the 
lettuce is of inferior quality, larger allowances for damage by 
condition defects than those specified above will be applied.
    (5) If the buyer and the seller agree to percentages for defects at 
destination, higher or lower than those specified above, such 
percentages will determine whether good delivery is made.

[26 FR 12209, Dec. 21, 1961. Redesignated at 28 FR 7067, July 11, 1963]

                    Misrepresentation or Misbranding



Sec.  46.45  Procedure in administering section 2(5) of the Act.

    It is a violation of section 2(5) for a commission merchant, dealer, 
or broker to misrepresent by word, act, mark, stencil, label, statement, 
or deed, the character, kind, grade, quality, quantity, size, pack, 
weight, condition, degree, or maturity, or State, country, region of 
origin of any perishable agricultural commodity received, shipped, sold, 
or offered to be sold in interstate or foreign commerce. However, a 
person other than the first licensee handling misbranded perishable 
agricultural commodities shall not be held liable for a violation of 
section 2(5) of the Act by reason of the conduct of another if the 
person did not have knowledge of the violation or lacked the ability to 
correct the violation.
    (a) Violations. Violations are considered to be serious, very 
serious, or repeated and/or flagrant, depending upon the circumstances 
of the misrepresentation.
    (1) Serious violations. Include the following:
    (i) Any lot of a perishable agricultural commodity shown by official 
inspection to contain scorable defects, off-size, off-count, exceeding 
the tolerance(s) in an amount up to and including double the tolerance 
provided in the applicable grades, standards or inspection procedures;

[[Page 284]]

    (ii) Any lot of perishable agricultural commodity officially 
certified as failing to meet the declared weight;
    (iii) Any lot of a perishable agricultural commodity in which the 
State, country, or region of origin of the produce is misrepresentated 
because the lot is made up of containers with various labels or markings 
that reflect more than one incorrect State, country or region of origin. 
Example: A lot with containers individually marked to show the origin as 
Idaho or Maine or Colorado when the produce was grown in Wisconsin; or
    (iv) Any other physical act, verbal or written declaration, or 
record entry that misrepresents a lot of a perishable agricultural 
commodity to the same extent as the examples listed.
    (2) Very serious violations. Include the following:
    (i) Any lot of a perishable agricultural commodity shown by official 
inspection to contain scorable defects, off-size, off-count, in excess 
of double the tolerance(s) provided in the applicable grades, standards 
or inspection procedures;
    (ii) Any lot of a perishable agricultural commodity packed in 
containers showing a single point of origin, which is other than that in 
which the produce was grown, such as containers marked ``California'' 
when the produce was grown in Arizona;
    (iii) Any lot of a perishable agricultural commodity officially 
certified as having an average net weight more than four percent below 
the declared weight;
    (iv) Multiple sales or shipments of a misrepresented perishable 
agricultural commodity within a seven day period that can be attributed 
to one cause; or
    (v) Any other physical act, verbal or written declaration, or record 
entry that misrepresents a lot of a perishable agricultural commodity to 
the same extent as the examples listed.
    (3) Flagrant violations. Include, but are not necessarily limited 
to, the following examples:
    (i) Shipment or sale of a lot of a perishable agricultural commodity 
from shipping point after notification by official inspection that the 
inspected commodity fails to comply with any marking on the container 
without first correcting the misbranding;
    (ii) To offer for resale or consignment, a lot of a perishable 
agricultural commodity that has been officially inspected at destination 
and found to be misbranded without advising a prospective receiver that 
the lot is misbranded and that the misbranding must be corrected before 
resale. When a resale or consignment is finalized, written notice must 
be given that the lot is misbranded and must be corrected before resale; 
or
    (iii) To withhold or fail to disclose known material facts with 
respect to a misrepresentation or misbranding.
    (b) Evidence. (1) Evidence concerning a misrepresentation or 
misbranding includes official certificates of an inspection made by any 
person authorized by the Department to inspect fruits and vegetables or 
other public certifiers, and includes investigations and audit findings 
and any business records, testimony or other evidence bearing on the 
subject.
    (2) When a lot of a perishable agricultural commodity has been 
officially inspected, and certification is made that the descriptive 
container markings are correct, but a subsequent inspection reverses the 
original findings, both inspection certificates will be accepted as 
evidence to show that the shipper/seller has not misrepresented the lot. 
The receiver of the commodity will be in violation if the 
misrepresentation is not corrected before the commodity is shipped, sold 
or offered for resale.
    (c) Sanctions--(1) Informal. When liability for a violation of 
section 2(5) of the Act is to be settled informally, the violator may:
    (i) Be given written warnings; or
    (ii) Be given notice that liability for a violation may be settled 
by admitting the violation in writing and paying a penalty in an amount 
satisfactory to the Secretary in lieu of formal disciplinary action. In 
the event of a formal proceeding to suspend or revoke the license of 
such person because he has committed other violation(s), the admitted 
violation(s) will not be used to support the formal complaint but may be 
admitted to show a course of conduct prior to the filing of the formal 
complaint;

[[Page 285]]

    (iii) (A) The schedule for informal disposition is as follows:

------------------------------------------------------------------------
                   Violation                                 Disposition
------------------------------------------------------------------------
1st...........................................  ...........        (\1\)
2d............................................  ...........        (\1\)
                                                      (\2\)        (\3\)
3d............................................         $200         $250
4th...........................................          350          500
5th...........................................          500        1,000
6th...........................................        1,000        2,200
7th...........................................        2,200       2,200
------------------------------------------------------------------------
\1\ Warning letter.
\2\ If serious violation.
\3\ Very serious violation.

    (B) Informal disposition of misrepresentation violations is not 
limited to seven occurrences and will be considered for further 
violations.
    (2) Formal. Formal proceedings to suspend or revoke a license may be 
instituted at any time against a person who has committed repeated and/
or flagrant violations.
    (d) Cumulative record. A cumulative record of licensee's 
misrepresentation violations will be maintained with the following 
limitations:
    (1) Two years after the date it was committed or after payment of a 
monetary penalty, the violation will not be used as a basis for 
instituting formal disciplinary action. However, it may be cited as a 
part of the pattern of violations if formal proceedings are instituted 
and will be used in determining the level of monetary penalty for 
informal settlements.
    (2) The record of violations not involved in formal proceedings will 
be expunged if there are no violations during a twenty-four (24) month 
period from the date of the most recent violation, or after thirty-six 
(36) months from the date of said violation, unless it was made a part 
of a formal disciplinary complaint.
    (e) Summary of procedure--(1) Compilation of authority. The rules 
defining misrepresentation, including misbranding, and for determining 
liability and disposition of violations are contained in the Act (7 
U.S.C. 499 et seq.), in particular sections 2(5) and 8 (7 U.S.C. 449b(5) 
and 499h), Sec.  46.45 of the Regulations (7 CFR 46.45), the Rules of 
Practice Governing Formal Adjudicatory Administrative Proceedings 
Instituted By the Secretary (7 CFR 1.130 et seq.), and in the 
Administrative Procedure Act (5 U.S.C. 551 et seq.).
    (2) Evidence of misrepresentation. Evidence of misrepresentation or 
misbranding violations includes results of official inspections, audit 
findings, business records, or other documentation or testimony bearing 
on the subject. When a lot of fruits and vegetables has been officially 
inspected, and certification made that the descriptive markings on the 
container do not misrepresent the produce, but a subsequent inspection 
reverses the original finding (such as to grade, size, weight, etc.), 
the shipper/seller will not be charged with violation of the Act. 
However, the misrepresentation must be corrected before the lot is 
shipped, sold, or offered for resale.
    (3) Warning letters. When informal settlement of liability is 
appropriate, violators are given two written warnings and an opportunity 
to take preventive action before formal action is considered. Warning 
letters include an explanation of the requirements of the Act and 
recommendations of actions which the violator can take to avoid future 
violations.
    (4) Informal sanctions. Violations subsquent to the sending of the 
warning letters referred to above, other than flagrant violations, may 
be settled informally pursuant to paragraph (c)(1) of this section. This 
procedure permits the violator to resolve the matter by payment of a 
monetary penalty pursuant to a schedule set out in lieu of a formal 
proceeding.
    (5) Formal sanctions. In cases involving repeated or flagrant 
violations of the Act, formal proceedings seeking the suspension or 
revocation of the violator's license may be instituted pursuant to the 
Rules of Practice governing such matters (7 CFR 1.130 et seq.). Except 
in cases of willfulness or where the public health, interest, or safety 
requires otherwise, a violator must be given written warning and 
opportunity to demonstrate or achieve compliance with the Act before its 
license can be suspended or revoked (5 U.S.C. 551 et seq.). The warning 
letters referred to above serve this purpose. If formal proceedings are 
instituted, the violator is afforded an oral hearing, if requested, 
before an Administrative Law Judge,

[[Page 286]]

an opportunity to appeal an adverse decision to the Department's 
Judicial Officer, and a further opportunity to appeal an adverse final 
decision to the appropriate United States Circuit Court of Appeals.
    (6) Use of record of misrepresentation. A cumulative record of 
misrepresentation is maintained. It is used as a basis for determining 
whether a warning letter should be considered, and, if so, the amount of 
monetary penalty which is appropriate, or whether there is cause for 
instituting a formal disciplinary proceeding seeking suspension or 
revocation of the violator's license. But after payment of a monetary 
penalty or after two years from the date of the last violation, no 
formal disciplinary use can be made of the previous record of violation. 
The record of misrepresentation shall be erased if there are no further 
violations in the twenty-four (24) month period immediately following 
the most recent violation, or after 36 months from the date of each 
individual violation unless it is involved in formal disciplinary 
proceedings.

[43 FR 4964, Feb. 7, 1978, as amended at 46 FR 22746, Apr. 21, 1981; 47 
FR 21234, May 18, 1982; 62 FR 15088, Mar. 31, 1997; 70 FR 29578, May 24, 
2005]

                             Statutory Trust



Sec.  46.46  Statutory trust.

    (a) Definitions. (1) ``Received'' means the time when the buyer, 
receiver, or agent gains ownership, control, or possession of the 
perishable agricultural commodities: Provided, That when perishable 
agricultural commodities have not been received as described above, and 
where there is a rejection without reasonable cause as provided in Sec.  
46.2(bb) and (cc), the goods will be considered to have been received 
when proffered.
    (2) ``Dissipation'' means any act or failure to act which could 
result in the diversion of trust assets or which could prejudice or 
impair the ability of unpaid suppliers, sellers, or agents to recover 
money owed in connection with produce transactions.
    (3) ``Default'' means the failure to pay promptly money owed in 
connection with transactions in perishable agricultural commodities; 
i.e., within the period of time applicable to the type of transaction as 
established by the provisions of the regulations (Sec.  46.2(aa)), or as 
otherwise agreed upon by the parties.
    (4) ``Calendar days'' as used in section 5(c) 3 of the Act means 
every day of the week, including Saturdays, Sundays, and holidays, 
except that if the thirtieth calendar day falls on a Saturday, Sunday, 
or holiday, the final day with respect to the time for filing a written 
notice of intent to preserve the benefit of the trust shall be the next 
day upon which there is postal delivery service.
    (5) ``Ordinary and usual billing or invoice statements'' as used in 
section 5(c)(4) of the Act, and ``invoice or other billing statement'' 
as used in Sec.  46.46(f)(3), mean communications customarily used 
between parties to a transaction in perishable agricultural commodities 
in whatever form, documentary or electronic, for billing or invoicing 
purposes.
    (b) Trust assets. The trust is made up of perishable agricultural 
commodities received in all transactions, all inventories of food or 
other products derived from such perishable agricultural commodities, 
and all receivables or proceeds from the sale of such commodities and 
food or products derived therefrom. Trust assets are to be preserved as 
a nonsegregated ``floating'' trust. Commingling of trust assets is 
contemplated.
    (c) Trust benefits. (1) When a seller, supplier or agent who has met 
the eligibility requirements of paragraphs (e) (1) and (2) of this 
section, transfers ownership, possession, or control of goods to a 
commission merchant, dealer, or broker, it automatically becomes 
eligible to participate in the trust. Participants who preserve their 
rights to benefits in accordance with paragraph (f) of this section 
remain beneficiaries until they are paid in full.
    (2) Any licensee, or person subject to license, who has a fiduciary 
duty to collect funds resulting from the sale or consignment of produce, 
and remit such funds to its principal, also has the duty to preserve its 
principal's rights to trust benefits in accordance with

[[Page 287]]

paragraph (f) of this section. The responsibility for filing the notice 
to preserve the principal's rights is obligatory and cannot be avoided 
by the agent by means of a contract provision. Persons acting as agents 
also have the responsibility to negotiate contracts which entitle their 
principals to the protection of the trust provisions: Provided, That a 
principal may elect to waive its right to trust protection. To be 
effective, the waiver must be in writing and separate and distinct from 
any agency contract, must be signed by the principal prior to the time 
affected transactions occur, must clearly state the principal's intent 
to waive its right to become a trust beneficiary on a given transaction, 
or a series of transactions, and must include the date the agent's 
authority to act on the principal's behalf expires. In the event an 
agent having a fiduciary duty to collect funds resulting from the sale 
or consignment of produce and remit such funds to its principal fails to 
perform the duty of preserving its principal's rights to trust benefits, 
it may be held liable to the principal for damages. A principal 
employing a collect and remit agent must preserve its rights to trust 
benefits against such agent by filing appropriate notices with the 
agent.
    (d) Trust maintenance. (1) Licensees and persons subject to license 
are required to maintain trust assets in a manner so that the trust 
assets are freely available to satisfy outstanding obligations to 
sellers of perishable agricultural commodities. Any act or omission 
which is inconsistent with this responsibility, including dissipation of 
trust assets, is unlawful and in violation of section 2 of the Act (7 
U.S.C. 499b). Growers, licensees, and persons subject to license may 
file trust actions against licensees and persons operating subject to 
license. Licensees and persons subject to license are bound by the trust 
provisions of the Act (7 U.S.C. 499(e)).
    (2) Principals, including growers, who employ agents to sell 
perishable agricultural commodities on their behalf are ``suppliers'' 
and/or ``sellers'' as those words are used in section 5(c)(2) and (3) of 
the Act (7 U.S.C. 499e(c)(2) and (3)), and therefore must preserve their 
trust rights against their agents by filing a notice of intent to 
preserve trust rights with their agents as set forth in paragraph (f) of 
this section.
    (3) Agents who sell perishable agricultural commodities on behalf of 
their principals must preserve their principals' trust benefits against 
the buyers by filing a notice of intent to preserve trust rights with 
the buyers. Any act or omission which is inconsistent with this 
responsibility, including failure to give timely notice of intent to 
preserve trust benefits, is unlawful and in violation of section 2 of 
the Act (7 U.S.C. 499b).
    (e) Prompt payment and eligibility for trust benefits. (1) The times 
for prompt accounting and prompt payment are set out in Sec.  46.2(z) 
and (aa). Parties who elect to use different times for payment must 
reduce their agreement to writing before entering into the transaction 
and maintain a copy of their agreement in their records, and the times 
of payment must be disclosed on invoices, accountings, and other 
documents relating to the transaction.
    (2) The maximum time for payment for a shipment to which a seller, 
supplier, or agent can agree, prior to the transaction, and still be 
eligible for benefits under the trust is 30 days after receipt and 
acceptance of the commodities as defined in Sec.  46.2(dd) and paragraph 
(a)(1) of this section.
    (3) If there is a default in payment as defined in Sec.  
46.46(a)(3), the seller, supplier, or agent who has met the eligibility 
requirements of paragraphs (e)(1) and (2) of this section will not 
forfeit eligibility under the trust by agreeing in any manner to a 
schedule for payment of the past due amount or by accepting a partial 
payment.
    (4) The trust provisions do not apply to transactions between a 
cooperative association (as defined in section 15(a) of the Agricultural 
Marketing Act (12 U.S.C. 1141j(a)), and its members.
    (5) The amount claimable against the trust by a beneficiary or 
grower will be the net amount due after allowable deductions of 
contemplated expenses or advances made in connection with the 
transaction by the commission merchant, dealer, or broker.
    (f) Filing notice of intent to preserve trust benefits. (1) Notice 
of intent to preserve benefits under the trust must

[[Page 288]]

be in writing, must include the statement that it is a notice of intent 
to preserve trust benefits and must include information which 
establishes for each shipment:
    (i) The names and addresses of the trust beneficiary, seller-
supplier, commission merchant, or agent and the debtor, as applicable,
    (ii) The date of the transaction, commodity, invoice price, and 
terms of payment (if appropriate),
    (iii) The date of receipt of notice that a payment instrument has 
been dishonored (if appropriate), and
    (iv) The amount past due and unpaid; except that if a supplier, 
seller or agent engages a commission merchant or growers' agent to sell 
or market their produce, the supplier, seller or agent that has not 
received a final accounting from the commission merchant or growers' 
agent shall only be required to provide information in sufficient detail 
to identify the transaction subject to the trust.
    (2) Timely filing of a notice of intent to preserve benefits under 
the trust will be considered to have been made if written notice is 
given to the debtor within 30 calendar days:
    (i) After expiration of the time prescribed by which payment must be 
made pursuant to regulation,
    (ii) After expiration of such other time by which payment must be 
made as the parties have expressly agreed to in writing before entering 
into the transaction, but not longer than the time prescribed in 
paragraph (e)(2) of this section, or
    (iii) After the time the supplier, seller or agent has received 
notice that a payment instrument promptly presented for payment has been 
dishonored. Failures to pay within the time periods set forth in 
paragraphs (f)(2)(i) and (ii) of this section constitute defaults.
    (3) Licensees may choose an alternate method of preserving trust 
benefits from the requirements described in paragraphs (f)(1) and (2) of 
this section. Licensees may use their invoice or other billing statement 
as defined in paragraph (a)(5) of this section, whether in documentary 
or electronic form, to preserve trust benefits. Alternately, the 
licensee's invoice or other billing statement, given to the buyer, must 
contain:
    (i) The statement: ``The perishable agricultural commodities listed 
on this invoice are sold subject to the statutory trust authorized by 
section 5(c) of the Perishable Agricultural Commodities Act, 1930 (7 
U.S.C. 499e(c)). The seller of these commodities retains a trust claim 
over these commodities, all inventories of food or other products 
derived from these commodities, and any receivables or proceeds from the 
sale of these commodities until full payment is received.''; and
    (ii) The terms of payment if they differ from prompt payment set out 
in section 46.2(z) and (aa) of this part, and the parties have expressly 
agreed to such terms in writing before the affected transactions occur.
    (4) If the invoice or other billing statement is in electronic form, 
the licensee has met its requirement of giving the buyer notice of 
intent to preserve trust benefits on the face of the invoice or other 
billing statement if the electronic invoice or other billing statement 
containing the statement set forth in paragraph (f)(3)(i) is sent to the 
buyer and the electronic transmission can be verified. The licensee will 
be deemed to have given notice to the buyer of its intent to preserve 
trust benefits if the licensee can verify that the electronic invoice or 
other billing statement was sent to a third party electronic transaction 
vendor designated by the buyer. The licensee will have met the 
requirement of giving the buyer written notice of intent to preserve 
trust benefits using electronic means if it can verify that the 
electronic data invoice or other billing statement was transmitted to 
the buyer, or its designated electronic transaction vendor, irrespective 
of whether or not the buyer or third party vendor downloads or accepts 
the trust statement.
    (5) If a buyer conducts its transactions in perishable agricultural 
commodities using an electronic system, the buyer or its third party 
electronic vendor must allow sufficient space for the seller to include 
the required trust statement of intent to preserve trust benefits in the 
buyer's electronic invoices or other billing statement

[[Page 289]]

forms. A buyer or its designated third party electronic vendor must 
accept a seller's notice of intent to preserve benefits under the trust 
using the required trust statement, whether in documentary or electronic 
form, as set forth in paragraphs (d) and (f) of this section. Any act or 
omission which is inconsistent with this responsibility is unlawful and 
in violation of Section 2 of the Act (7 U.S.C. 499b).

(Sec. 1, 46 Stat. 531, as amended; 7 U.S.C. 499a et seq.)

[49 FR 45740, Nov. 20, 1984, as amended at 62 FR 15088, Mar. 31, 1997; 
62 FR 60999, Nov. 14, 1997; 72 FR 29838, May 30, 2007; 76 FR 20220, Apr. 
12, 2011; 83 FR 5178, Feb. 6, 2018]

                             OMB Control No.



Sec.  46.47  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. 0581-0031.

[49 FR 23826, June 8, 1984]



Sec.  46.48  Procedure for investigating complaints involving commodities of a 
unique nature or coming from a distinct geographic area.

    (a) Scope: This section provides for the payment of fees and the 
investigation of allegations of misrepresentation or misbranding in 
which the commodity which is misbranded or misrepresented is purported 
to be a commodity of a unique name or geographical designation which is 
defined as:
    (1) A perishable agricultural commodity as that term is defined 
under the Perishable Agricultural Commodities Act, 1930;
    (2) Subject to a federal marketing order under the Agricultural 
Marketing Agreement Act of 1937, as amended (7 U.S.C. 601 et seq.);
    (3) Traditionally identified as being produced in a distinct 
geographic area, State, or region; and
    (4) Of a unique identity, based on such distinct geographic area, 
which has been promoted with funds collected through producer 
contributions pursuant to such marketing order.
    (b) Filing complaints: (1) Any person desiring to complain of a 
possible violation by any commission merchant, dealer, or broker as a 
result of misrepresentation or misbranding of any commodity subject to 
these regulations may file a complaint with the Secretary of Agriculture 
and request an investigation of the complaint by the Secretary.
    (2) Complaints shall be made in writing setting forth all the 
essential details, including but not limited to:
    (i) The name and address of each complaining person;
    (ii) The name and address of each person against whom the complaint 
is made;
    (iii) The commodity, approximate quantity of the commodity, and 
circumstances of alleged misrepresentation or misbranding;
    (iv) The current location of the commodity;
    (v) If shipped, the shipping and destination points of the 
commodity;
    (vi) A statement of all other known material facts with respect to 
the complaint; and
    (vii) Copies of any documents or evidence of any kind in the 
possession of the complainant regarding the alleged violation.
    (3) The complaint shall be accompanied by a non-refundable $250.00 
filing fee made payable to the Agricultural Marketing Service (see 
paragraph (e) of this section Collection of fees).
    (4) The complaint, all supporting evidence, and fee should be mailed 
to: PACA Branch, room 2095 So., Fruit and Vegetable Division, AMS, USDA, 
P.O. Box 96456, Washington, DC 20090-6456.
    (c) Handling complaints. (1) Upon receiving a written complaint, 
supporting evidence, and the $250.00 preliminary investigation fee from 
a complaining person, the Director, Fruit and Vegetable Division, 
Agricultural Marketing Service, United States Department of Agriculture 
shall order a preliminary investigation to determine if the complaint 
can be substantiated. If the initial investigation discloses no 
violation of the Act, no further action shall be taken and the 
complaining person shall be informed of the finding.

[[Page 290]]

The $250.00 filing fee shall be considered full payment for the 
preliminary investigation.
    (2) If the Director finds reasonable cause for further 
investigation, the complaining person shall be duly notified of the 
findings. Prior to any further investigation, the Director shall advise 
the complaining person of the estimated fees and charges which the 
complaining person must pay. In calculating the estimated fees, the 
Director shall use the hourly salary rate of a GS-5, Step 4, for 
clerical time and GS-13, Step 1, for professional time, plus benefits 
and other related expenses including travel associated with the 
investigation.
    (3) At the conclusion of the investigation, the Department will 
inform the complaining person of the results, provided, however, that 
any findings, the release of which may jeopardize an ongoing formal 
disciplinary proceeding initiated under the PACA, may be withheld 
pending completion of the disciplinary case.
    (d) Investigative authority. Investigation of a complaint of this 
section shall be deemed to be an investigation under section 6(b) of the 
Perishable Agricultural Commodities Act (7 U.S.C. 499f(b)).
    (e) Collection of fees. (1) Any person bringing a complaint, 
alleging a violation of section 1309 of the Food, Agriculture, 
Conservation, and Trade Act of 1990 shall reimburse the Secretary of 
Agriculture for any and all costs associated with the enforcement of 
that section.
    (2) A non-refundable $250.00 fee for the preliminary investigation 
shall accompany the written complaint.
    (3) An estimate of fees and charges to conduct the further 
investigation calculated in accordance with paragraph (c)(2) of this 
section will be provided the complaining person.
    (i) Payment of the fees and charges shall be collected in advance by 
the Secretary prior to continuation of investigation of a complaint.
    (ii) Payment of fees and charges may be made by cash, check, or 
money order payable to the Agricultural Marketing Service.
    (iii) In the event that the estimated fees and charges prove to be 
inadequate, the complaining person will be informed of the deficiency. 
Any complaining person that does not reimburse the Secretary full 
payment for fees and charges associated with a completed investigation 
shall be liable to be proceeded against in any court of competent 
jurisdiction in a suit by the United States to collect any monetary or 
other damages connected with the investigation.
    (iv) The complaining person will be reimbursed by the Secretary for 
any overpayment of fees and charges, except for the $250.00 preliminary 
investigation fee which is nonrefundable.

[56 FR 51826, Oct. 16, 1991]



Sec.  46.49  Written notifications and complaints.

    (a) Written notification, as used in section 6(b) of the Act (7 
U.S.C. 499f (b)), means:
    (1) Any written statement reporting or complaining of a violation of 
the Act made by any officer or agency of any State or Territory having 
jurisdiction over licensees or persons subject to license, or a person 
filing a complaint under section 6(a), or any other interested person 
who has knowledge of or information regarding a possible violation of 
the Act, other than an employee of an agency of USDA administering the 
Act;
    (2) Any written notice of intent to preserve the benefits of, or any 
claim for payment from, the trust established under section 5 of the Act 
(7 U.S.C. 499e);
    (3) Any official certificate(s) of the United States Government or 
States or Territories of the United States; or
    (4) Any public legal filing or other published document describing 
or alleging a violation of the Act.
    (b) Any written notification may be filed by delivering the written 
notification to any office of USDA or any official of USDA responsible 
for administering the Act. Any written notification published in any 
public forum, including, but not limited to, a newspaper or an internet 
website shall be deemed filed upon visual inspection by any office of 
USDA or any official of USDA responsible for administering the Act. A 
written notification which

[[Page 291]]

is so filed, or any expansion of an investigation resulting from any 
indication of additional violations of the Act found as a consequence of 
an investigation based on written notification or complaint, also shall 
be deemed to constitute a complaint under section 13(a) of the Act (7 
U.S.C. 499m(a)).
    (c) Upon becoming aware of a complaint under section 6(a) or written 
notification under 6(b) of the Act (7 U.S.C. 499f (a) or (b)) by means 
described in paragraph (a) and (b) of this section, the Secretary will 
determine if reasonable grounds exist to conduct an investigation of 
such complaint or written notification for disciplinary action. If the 
investigation substantiates the existence of violations of the Act, a 
formal disciplinary complaint may be issued by the Secretary as 
described in section 6(c)(2) of the Act (7 U.S.C. 499f(c)(2)).
    (d) Whenever an investigation, initiated as described in section 
6(c) of the Act (7 U.S.C. 499f(c)(2)), is commenced, or expanded to 
include new violations of the Act, notice shall be given by the 
Secretary to the subject of the investigation within thirty (30) days of 
the commencement or expansion of the investigation. Within one hundred 
and eighty (180) days after giving initial notice, the Secretary shall 
provide the subject of the investigation with notice of the status of 
the investigation, including whether the Secretary intends to issue a 
complaint under section 6(c)(2) of the Act (7 U.S.C. 499f(e)(2)), 
terminate the investigation, or continue or expand the investigation. 
Thereafter, the subject of the investigation may request in writing, no 
more frequently than every ninety (90) days, a status report from the 
Director of the PACA Division who shall respond to the written request 
within fourteen (14) days of receiving the request. When an 
investigation is terminated, the Secretary shall, within fourteen (14) 
days, notify the subject of the termination of the investigation. In 
every case in which notice or response is required under this paragraph 
(d), such notice or response shall be accomplished by personal service; 
or by posting the notice or response by certified or registered mail, or 
commercial or private delivery service to the last known address of the 
subject of the investigation; or by sending the notice or response by 
any electronic means such as registered email, that provides proof of 
receipt to the electronic mail address or phone number of the subject of 
the investigation.

[83 FR 5178, Feb. 6, 2018]



PART 47_RULES OF PRACTICE UNDER THE PERISHABLE AGRICULTURAL COMMODITIES 
ACT--Table of Contents



                           General Provisions

Sec.
47.1 Meaning of words.
47.2 Definitions.
47.3 Institution of proceedings.
47.4 Service and proof of service.
47.5 Scope and applicability of rules of practice.

               Rules Applicable to Reparation Proceedings

47.6 Formal complaints.
47.7 Report of investigation.
47.8 The answer.
47.9 The reply.
47.10 Docketing of proceeding.
47.11 Examiners.
47.12 Intervention.
47.13 Motions and requests.
47.14 Prehearing conferences.
47.15 Oral hearing before the examiner.
47.16 Depositions.
47.17 Subpoenas.
47.18 Fees and mileage.
47.19 Post-hearing procedure before the examiner.
47.20 Documentary procedure.
47.21 Transmittal of record.
47.22 Argument before Secretary.
47.23 Issuance of order.
47.24 Rehearing, reargument, reconsideration of orders, reopening of 
          hearings, reopening after default.
47.25 Filing; extensions of time; effective date of filing; computations 
          of time; official notice.

              Rules Applicable to Disciplinary Proceedings

47.46 Rule applicable to all proceedings.

    Rules Applicable to the Determination as to Whether a Person Is 
Responsibly Connected With a Licensee Under the Perishable Agricultural 
                             Commodities Act

47.47 Additional definitions.
47.48 Scope and applicability.
47.49 Determinations.


[[Page 292]]


    Authority: 5 U.S.C 553; 7 U.S.C. 499f; 7 U.S.C. 499o; 7 CFR 
2.22(a)(1)(viii)(L), 2.79(a)(8)(xiii).

    Source: 10 FR 2209, Feb. 27, 1945, unless otherwise noted.

    Editorial Note: Nomenclature changes to part 47 appear at 64 FR 
38108, July 15, 1999.

                           General Provisions



Sec.  47.1  Meaning of words.

    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.



Sec.  47.2  Definitions.

    As used in the regulations in this part, the terms as defined in 
section 1 of the Act shall apply with equal force and effect. Unless 
otherwise defined, the following terms whether used in the regulations 
in this part, in the Act, or in the trade shall be construed as follows:
    (a) Act means the Perishable Agricultural Commodities Act, 1930, 
approved June 10, 1930, as amended (46 Stat. 531, 7 U.S.C., 499a et 
seq., and 499b), and legislation supplementary thereto and amendatory 
thereof.
    (b) Department means the United States Department of Agriculture.
    (c) Secretary means the Secretary of Agriculture of the United 
States, or any officer or employee of the Department to whom authority 
has heretofore been delegated, or to whom authority may hereafter be 
delegated, to act in his or her stead.
    (d) Service means the Agricultural Marketing Service, United States 
Department of Agriculture.
    (e) Associate Administrator means the Associate Administrator of the 
Service, or any officer or employee of the Service to whom authority has 
heretofore lawfully been delegated, or to whom authority may hereafter 
lawfully be delegated, to act in his or her stead.
    (f) General Counsel means the General Counsel of the Department or 
any employee of the Office of the General Counsel to whom the authority 
to act in his or her stead has heretofore been or may hereafter be 
delegated.
    (g) Fruit and Vegetable Programs means the Fruit and Vegetable 
Programs of the Agricultural Marketing Service.
    (h) Deputy Administrator means the Deputy Administrator of the Fruit 
and Vegetable Programs or any officer or employee of the Fruit and 
Vegetable Programs to whom authority has heretofore lawfully been 
delegated, or to whom authority may hereafter lawfully be delegated by 
the Deputy Administrator, to act in his stead.
    (i) Examiner. In connection with reparation proceedings, the term 
``examiner'' is synonymous with ``presiding officer'' and means any 
attorney employed in the Office of the General Counsel of the 
Department, or in connection with reparation proceedings conducted 
pursuant to the documentary procedure in Sec.  47.20, the term 
``examiner'' may mean any other employee of the PACA Branch whose work 
is reviewed by an attorney employed in the Office of the General Counsel 
of the Department.
    (j) Examiner's report. In connection with reparation proceedings, 
``examiner's report'' means the examiner's report to the Secretary, and 
includes the examiner's proposed (i) findings of fact and conclusions 
with respect to all material issues of fact, law or discretion, as well 
as the reasons or basis therefore, (ii) order and (iii) rulings on 
findings, conclusions and orders submitted by the parties.
    (k) Hearing means that part of the proceeding which involves the 
submission of evidence and may or may not include an oral hearing.
    (l) Hearing Clerk means the Hearing Clerk, United States Department 
of Agriculture, Washington, DC 20250.
    (m) Disciplinary proceeding means any proceeding (other than a 
reparation proceeding) arising under the Act, in which proceeding it is 
required by law that the order or other determination duly issued shall 
be made only after an opportunity for a hearing, and, if a hearing be 
held, only upon the basis of a record made in the course of such 
hearing.
    (n) Reparation proceeding means a proceeding in which money damages 
are claimed and in which the Department is not a party.
    (o) Party includes the Department in those instances in which a 
proceeding

[[Page 293]]

is instituted upon moving papers filed by an officer or employee of the 
Department in an official capacity.
    (p) Complainant means the party upon whose moving paper the 
proceeding is instituted.
    (q) Respondent means the party proceeded against, whether the 
proceeding is instituted by the Department or by a private person.
    (r) Moving paper means any formal complaint, petition, or order to 
show cause, by virtue of which a proceeding under the Act is instituted.
    (s) Mail means to deposit an item in the United States Mail with 
postage affixed and addressed as necessary to cause it to be delivered 
to the address shown by ordinary mail, or by certified mail or 
registered mail if specified, or to cause a properly addressed item to 
be delivered by a commercial or private mail delivery service to the 
address shown.
    (t) Re-mail means to mail by ordinary mail to an address an item 
that has been returned after being sent to the same address by certified 
or registered mail or by a commercial or private mail delivery service.

[10 FR 2209, Feb. 27, 1945; 10 FR 8685, July 13, 1945, as amended at 11 
FR 224, Jan. 4, 1946; 12 FR 5483, Aug. 13, 1947; 19 FR 57, Jan. 6, 1954; 
38 FR 30445, Nov. 5, 1973; 56 FR 174, Jan. 3, 1991; 60 FR 8459, Feb. 14, 
1995; 64 FR 38105, July 15, 1999]



Sec.  47.3  Institution of proceedings.

    (a) Informal complaints. (1) Any interested person (including any 
officer or agency of any State or Territory having jurisdiction over 
commission merchants, dealers, or brokers in such State or Territory, 
and any employee of the Department) desiring to complain of any 
violation of any provision of the Act by any commission merchant, 
dealer, or broker may file with the Deputy Administrator an informal 
complaint. Informal complaints may be made the basis of either a 
disciplinary complaint, or a claim for damages, or both. If the informal 
complaint is to be made the basis of a claim for damages, it must be 
received by the Deputy Administrator within 9 months after the cause of 
action accrues; if the informal complaint is not to be made the basis of 
a claim for damages, it may be filed at any time within 2 years after 
the violation of the act occurred: Provided, That the 2-year limitation 
herein prescribed shall not apply to complaints charging flagrant or 
repeated violations of the act.
    (2) Informal complaints may be made in writing by telegram, by 
letter, or by facsimile transmission, setting forth the essential 
details of the transaction complained of. So far as practicable, every 
such informal complaint shall state such of the following items as may 
be applicable:
    (i) The name and address of each person and of the agent, if any, 
representing him in the transaction involved;
    (ii) Quantity and quality or grade of each kind of produce shipped;
    (iii) Date of shipment;
    (iv) Carrier identification;
    (v) Shipping and destination points;
    (vi) If a sale, the date, sale price, and amount actually received;
    (vii) If a consignment, the date, reported proceeds, gross and net;
    (viii) Amount of damages claimed, if any; and
    (ix) Statement of other material facts including terms of contract.
    (3) The informal complaint should, so far as practicable, be 
accompanied by true copies of all available papers relating to the 
transaction complained about, including shipping documents, letters, 
telegrams, invoices, manifests, inspection certificates, accounts sales, 
and any special contracts or agreements.
    (4) The informal complaint shall be accompanied by a filing fee of 
$100 as authorized by the Act.
    (b) Investigations and disposition of informal complaints. (1) Upon 
receipt of all the information and supporting evidence submitted by the 
person filing the informal complaint, the Deputy Administrator shall 
cause such investigation to be made as, in the Deputy Administrator's 
opinion, is justified by the facts. If such investigation discloses that 
no violation of the Act has occurred, no further action shall be taken 
and the person filing the informal complaint shall be so informed.
    (2) If the statements in the informal complaint and the 
investigation thereunder seem to warrant such action,

[[Page 294]]

and, in any case except one of wilfullness or one in which public 
health, interest or safety otherwise requires, which may result in the 
suspension or revocation of a license, the Deputy Administrator, in an 
effort to effect an amicable or informal adjustment of the matter, shall 
give written notice to the person complained against of the facts or 
conduct concerning which complaint is made, and shall afford such person 
an opportunity, within a reasonable time fixed by the Deputy 
Administrator, to demonstrate or achieve compliance with the applicable 
requirements of the Act and regulations promulgated thereunder.

[10 FR 2211, Feb. 27, 1945, as amended at 12 FR 1025, Feb. 13, 1947; 56 
FR 174, Jan. 3, 1991; 60 FR 8459, Feb. 14, 1995; 64 FR 38106, July 15, 
1999; 73 FR 31017, May 30, 2008]



Sec.  47.4  Service and proof of service.

    (a) Who shall make service. Copies of all documents or papers 
required or authorized by the rules in this part to be filed with the 
Fruit and Vegetable Programs shall be served on the parties by the Fruit 
and Vegetable Programs, and copies of all documents or papers required 
or authorized by the rules in this part to be filed with the Hearing 
Clerk shall be served on the parties by the Hearing Clerk, unless any 
such document or paper is served by some other employee of the 
Department, or by a U.S. Marshal or deputy marshal, or as otherwise 
provided herein, or as otherwise directed by the presiding officer or 
Judicial Officer.
    (b) Service on Party. (1) Any complaint or other document initially 
served on a person to make that person a party respondent in a 
proceeding, a final order, or other document specifically ordered by the 
presiding officer or Judicial Officer to be served by certified or 
registered mail, or commercial or private mail delivery service, shall 
be deemed to be received by any party to a proceeding on the date of 
delivery by certified or registered mail, or commercial or private mail 
delivery service to the last known principal place of business of such 
party, last known principal place of business of the attorney or 
representative of record of such party, last known residence of such 
party if an individual: Provided, That, if any such document or paper is 
sent by certified, registered, commercial, or private mail, but is 
returned, it shall be deemed to be received by such party on the date of 
the re-mailing by ordinary mail to the same address.
    (2) Any document or paper, other than one specified in paragraph 
(b)(1) of this section or written questions for a deposition as provided 
in Sec.  47.16(d)(2), shall be deemed to be received by any party to a 
proceeding on the date of mailing by ordinary mail to the last known 
principal place of business of such party, last known principal place of 
business of the attorney or representative of record of such party, or 
last known residence of such party if an individual.
    (3) Any document or paper served other than by certified, 
registered, commercial, or private mail on any party to a proceeding 
shall be deemed to be received by such party on the date of:
    (i) Delivery to any responsible individual at, or leaving in a 
conspicuous place at, the last known principal place of business of such 
party, last known principal place of business of the attorney or 
representative of record of such party, or last known residence of such 
party if an individual, or
    (ii) Delivery to such party if an individual, to an officer or 
director of such party if a corporation, or to a member of such party if 
a partnership, at any location.
    (c) Service on another. Any subpoena or other document or paper 
served on any person other than a party to a proceeding shall be deemed 
to be received by such person on the date of:
    (1) Delivery by certified, registered, commercial, private or mail 
to the last known principal address of such person, last know principal 
place of business of the attorney or representative of record of such 
person, or last known residence of such person if an individual;
    (2) Delivery other than by mail to any responsible individual at, or 
leaving in a conspicuous place at, any such location; or
    (3) Delivery to such party if an individual, to an officer or 
director of such

[[Page 295]]

party if a corporation, or to a member of such party if a partnership, 
at any location.
    (d) Proof of service. Any of the following, in the possession of the 
Department, showing such service, shall be deemed to be accurate:
    (1) A certified or registered mail receipt returned by the postal 
service with a signature, or a signed receipt returned by a private or 
commercial mail delivery service;
    (2) An official record of the postal service;
    (3) An entry on a docket record or a copy placed in a docket filed 
by the Hearing Clerk of the Department or by an employee of the Hearing 
Clerk in the ordinary course of business;
    (4) A certificate of service, which need not be separate from and 
may be incorporated in the document or paper of which it certifies 
service, showing the method, place and date of service in writing and 
signed by an individual with personal knowledge thereof, Provided, That 
such certificate must be verified by oath or declaration under penalty 
of perjury if the individual certifying service is not a party to the 
proceeding in which such document or paper is served, an attorney or 
representative of record for such a party, or an official or employee of 
the United States or of a State or political subdivision thereof.

[56 FR 174, Jan. 3, 1991; 56 FR 5151, Feb. 8, 1991, as amended at 60 FR 
8459, Feb. 14, 1995; 64 FR 38106, July 15, 1999]



Sec.  47.5  Scope and applicability of rules of practice.

    Sections 47.6 through 47.25 shall be applicable to the procedure 
governing the filing and disposition of formal complaints in reparation 
proceedings. Sections 47.47 through 47.68 shall be applicable to the 
proceedings for determining whether a person is responsibly connected 
with a licensee under the Perishable Agricultural Commodities Act. 
Sections 47.1 through 47.5 and Sec.  47.46 shall be applicable to all 
proceedings under Sec. Sec.  47.6 through 47.25. Sections 47.1 and 47.2, 
except for Sec.  47.2 (i) through (r), shall be applicable to all 
proceedings under Sec. Sec.  47.47 through 47.68. In addition, except to 
the extent that they are inconsistent with Sec. Sec.  1.130 through 
1.151 of this chapter, Sec. Sec.  47.1 through 47.5 and 47.46 are also 
applicable to procedures governing the filing and disposition of formal 
complaints and other moving papers relating to administrative 
proceedings to enforce the Act pursuant to Sec. Sec.  1.130 through 
1.151 of this chapter.

[43 FR 30787, July 18, 1978, as amended at 60 FR 8459, Feb. 14, 1995]

               Rules Applicable to Reparation Proceedings



Sec.  47.6  Formal complaints.

    (a) Filing; contents; number of copies. (1) If the procedure 
provided in Sec.  47.3(b) fails to effect an amicable or informal 
settlement, the person who filed the informal complaint may, if further 
proceedings are desired, file a formal complaint with the Fruit and 
Vegetable Programs. The formal complaint shall be filed within ninety 
days of notification of the opportunity to proceed formally. Failure to 
file a formal reparation complaint within the time prescribed shall 
result in the waiver of further proceedings on the claim alleged in the 
informal complaint.
    (2) The formal complaint shall set forth the information and be 
accompanied by the papers indicated in Sec.  47.3(a)(2) and (3), 
including a statement of the amount of damages claimed, with the basis 
therefor, and the method of determination. The original and three copies 
shall be furnished for filing, and service on the respondent. If there 
is more than one respondent, a further copy shall be furnished for each 
additional respondent.
    (b) Bond required if complainant is nonresident. If formal complaint 
for reparation is filed by a nonresident of the United States, 
complainant shall first file a bond in double the amount of the claim 
either with a surety company approved by the Treasury Department of the 
United States as surety or with two personal sureties, each of whom 
shall be a citizen of the United States and shall qualify as financially 
responsible for the entire amount of the bond. The bond shall run to the 
respondent and be conditioned upon the payment of costs, including 
reasonable attorney's fees, for the respondent if the respondent shall 
prevail, and of any

[[Page 296]]

reparation award that may be issued by the Secretary against the 
complainant on any counterclaim asserted by respondent: Provided, That 
the furnishing of a bond may be waived at the discretion of the 
Secretary if the complainant is a resident of a country which permits 
the filing of a complaint in an administrative forum or its equivalent 
which is substantially similar to that provided under the Perishable 
Agricultural Commodities Act by a resident of the United States against 
a citizen of that country without the furnishing of a bond. Nothing in 
this section shall limit the discretion of the Secretary to deny such a 
waiver in order to effectuate the purposes of the Act or to protect the 
interests of the businesses concerned.
    (c) Service upon respondent; proof of service. Upon receipt by the 
Fruit and Vegetable Programs of the formal complaint, the accompanying 
papers and the $500 handling fee authorized by the Act, a copy thereof 
shall be served by the Fruit and Vegetable Programs upon the respondent 
in accordance with Sec.  47.4 of this part. If the complaint is not in 
the proper form, the Fruit and Vegetable Programs shall return it and 
inform the complainant of the deficiencies therein.
    (d) Amendments. At any time prior to the close of the hearing, the 
complaint may be amended; but, in case of an amendment adding new 
provisions, the hearing shall, if the respondent so requests, be 
adjourned for a reasonable time to be determined by the examiner: 
Provided, That, if the amendment introduces a new or different cause of 
action, it must be filed within 9 months after the cause of action 
accrued. Amendments subsequent to the first amendment or subsequent to 
the filing of an answer by the respondent may be made only with leave of 
the examiner or with the written consent of the adverse party.

[10 FR 2209, Feb. 27, 1945, as amended at 56 FR 176, Jan. 3, 1991; 64 FR 
38106, July 15, 1999; 73 FR 31017, May 30, 2008]



Sec.  47.7  Report of investigation.

    Where the facts and circumstances are deemed by the Deputy 
Administrator to warrant such action, the Fruit and Vegetable Programs 
shall serve upon each of the parties a copy of the report made by the 
Fruit and Vegetable Programs in connection with its investigation of the 
informal or formal complaint. Whenever the Secretary, or the Deputy 
Administrator, or the examiner deems it necessary, a supplemental 
investigation shall be made by the Fruit and Vegetable Programs and a 
copy of the report thereon shall be served upon the parties. If an 
answer is filed by respondent, a copy of any report or reports of 
investigation served upon the parties shall be filed with the Hearing 
Clerk and shall be considered as part of the evidence in the proceeding: 
Provided, That either party shall be permitted to submit evidence in 
rebuttal in the same manner as is provided in the regulations in this 
part for the submission of other evidence in the proceeding.

[24 FR 10055, Dec. 12, 1959]



Sec.  47.8  The answer.

    (a) Filing and service. Within 20 days after service of the formal 
complaint, unless extension of time has been requested and granted, the 
respondent may file with the Fruit and Vegetable Programs, an answer, in 
triplicate, signed by the respondent or his attorney. A copy of the 
answer shall be served upon the complainant by the Fruit and Vegetable 
Programs as provided in Sec.  47.4. If the answer includes a 
counterclaim, the answer shall be accompanied by the $300 handling fee 
required by the Act for formal complaints.
    (b) Contents. Such answer shall contain (1) a precise statement of 
the facts which constitute the grounds of defense, including any set-off 
or counterclaim, and shall specifically admit, deny, or explain each of 
the allegations of the complaint, unless respondent is without 
knowledge, in which case the answer shall so state; or (2) a statement 
that the respondent admits all of the allegations of the complaint; or 
(3) a statement containing an admission of liability in an amount less 
than that alleged in the complaint (in which event, an order may be 
made, pursuant to section 7(a) of the Act, directing payment of the 
undisputed amount), and a denial, as in paragraph (b)(1) of

[[Page 297]]

this section, of liability for the remaining amount. The answer may 
contain a waiver of hearing.
    (c) Failure to file answer; effect of. Failure to file an answer 
within the time prescribed shall constitute a waiver of hearing and an 
admission of the facts alleged in the complaint. If the facts deemed 
admitted are considered insufficient to support the amount of reparation 
sought, the proceeding shall continue on the question of damages only.
    (d) Procedure upon admission of facts. Upon the admission, in the 
answer or by failure to file an answer, of all the material allegations 
of fact contained in the complaint, an order may be issued without 
further procedure, official notice being taken of the license status of 
the respondent and the date of filing of the informal complaint, as 
disclosed by the records of the Department.

[10 FR 2212, Feb. 27, 1945, as amended at 24 FR 10055, Dec. 12, 1959; 64 
FR 38106, July 15, 1999]



Sec.  47.9  The reply.

    (a) Filing and service. If the answer asserts a counterclaim or a 
set-off, the complaining party, within 20 days after service of the 
answer, may file a reply with the Fruit and Vegetable Programs. A copy 
of the reply shall be served upon the respondent by the Fruit and 
Vegetable Programs as provided in Sec.  47.4.
    (b) Contents. The reply shall be confined strictly to the matters 
alleged in the counterclaim or set-off in the answer. It shall contain a 
precise statement of the facts which constitute the grounds of defense 
to the counterclaim or set-off, and shall specifically admit, deny, or 
explain each of the allegations of the counterclaim or set-off, unless 
the complainant is without knowledge, in which case the reply shall so 
state; or a statement that the complainant admits all of the allegations 
of the counterclaim or set-off; or a statement containing an admission 
of liability in an amount less than that alleged in the counterclaim or 
set-off and a denial of liability for the remaining amount.
    (c) Failure to file reply. Failure to file a reply shall be deemed a 
waiver of hearing on the counterclaim or set-off and an admission of the 
allegations contained in the counterclaim or set-off. If no reply is 
filed, the allegations of the counterclaim or set-off shall be deemed 
admitted.

[10 FR 2209, Feb. 27, 1945, as amended at 56 FR 174, Jan. 3, 1991; 64 FR 
38106, July 15, 1999]



Sec.  47.10  Docketing of proceeding.

    Immediately following the expiration of the period of time 
heretofore prescribed for the filing of the answer or reply, the Fruit 
and Vegetable Programs shall transmit all of the papers which have been 
filed in the proceeding to the Hearing Clerk, who shall assign a docket 
number to the proceeding. Thereafter the proceeding may be identified by 
such number.



Sec.  47.11  Examiners.

    (a) Disqualification. No person who (1) has any pecuniary interest 
in any matter of business involved in the proceeding, or (2) is related 
within the third degree by blood or marriage to any of the persons 
involved in the proceeding shall serve as examiner in such proceeding.
    (b) Request for disqualification of examiner. Any party may file 
with the Hearing Clerk a timely request, in affidavit form, for the 
disqualification of the examiner, which request shall set forth with 
particularity the grounds of alleged disqualification. After such 
investigation or hearing as the Secretary may deem necessary, the 
Secretary shall either deny or grant the request. If the request is 
granted, another examiner shall be assigned to the proceeding. If the 
request is denied, the request, any record made thereon, and the finding 
and order of the Secretary thereon shall be made a part of the record.
    (c) Powers. Subject to review by the Secretary, as provided in this 
part, the examiner who is an attorney employed in the Office of the 
General Counsel of the Department, in any proceeding assigned to him or 
her, shall have power to:
    (1) Rule upon motions and requests;
    (2) Set the time, place, and manner of the hearing, adjourn the 
hearing, and change the time, place, and manner of the hearing;

[[Page 298]]

    (3) Administer oaths and affirmations and take affidavits;
    (4) Issue subpoenas over the facsimile signature of the Secretary 
requiring the attendance and testimony of witnesses and the production 
of books, contracts, papers, and other documentary evidence;
    (5) Summon and examine witnesses and receive evidence;
    (6) Take, or order (over the facsimile signature of the Secretary) 
the taking of, depositions;
    (7) Admit or exclude evidence;
    (8) Hear oral argument on facts or law;
    (9) Require each party, prior to any hearing, to provide all other 
parties and the examiner with a copy of any exhibit that the party 
intends to introduce into evidence;
    (10) Require each party, prior to any deposition, to provide all 
other parties and the examiner with a copy of any document that the 
party intends to use to examine a deponent;
    (11) Require that any hearing to be conducted by telephone or audio-
visual telecommunication be conducted at locations at which the parties 
and the examiner are able to transmit and receive documents during the 
hearing;
    (12) Require that any deposition to be conducted by telephone or 
audio-visual telecommunication be conducted at locations at which the 
parties are able to transmit and receive documents during the 
deposition;
    (13) Do all acts and take all measures necessary for the maintenance 
of order and for the efficient conduct of the proceeding.
    (d) Who may act in absence of examiner. In case of the absence, 
illness, resignation, or death of the examiner who has been assigned to 
a proceeding, or, in case the General Counsel determines that, for other 
good cause, such examiner should not act, the powers and duties to be 
performed by the examiner under these rules of practice in connection 
with such proceeding may, subject to the provisions of paragraph (a) of 
this section, be assigned to another examiner.

[10 FR 2212, Feb. 27, 1945; 11 FR 224, Jan. 4, 1946, as amended at 24 FR 
10055, Dec. 12, 1959; 38 FR 30445, Nov. 5, 1973; 60 FR 8459, Feb. 14, 
1995; 64 FR 38106, July 15, 1999]



Sec.  47.12  Intervention.

    At any time after the institution of a proceeding and before it has 
been submitted to the Secretary for final consideration, the Secretary 
or the examiner as defined in Sec.  47.2(i)(1) may, upon petition in 
writing and for good cause show, permit any person to intervene therein. 
The petition shall state with preciseness and particularity:
    (a) The petitioner's relationship to the matters involved in the 
proceeding; (b) the nature of the material the petitioner intends to 
present in evidence; (c) the nature of the argument the petitioner 
intends to make; and (d) any other reason that the petitioner should be 
allowed to intervene.

[10 FR 2209, Feb. 27, 1945, as amended at 60 FR 8459, Feb. 14, 1995; 64 
FR 38107, July 15, 1999]



Sec.  47.13  Motions and requests.

    (a) General. (1) All motions and requests made after the formal 
filing of the proceeding with the Hearing Clerk shall be filed with the 
Hearing Clerk, except that those made during an oral hearing may be 
stated orally and made a part of the transcript or recording.
    (2) The examiner may rule upon all motions and requests filed or 
made prior to the transmittal of the record to the Secretary as 
hereinafter provided. The Secretary shall rule upon all motions and 
requests filed after that time.
    (b) Certification to the Secretary. The submission or certification 
of any motion, request, objection, or other question to the Secretary 
prior to transmittal of the record to the Secretary as provided in this 
part shall be made by and in the discretion of the examiner. The 
examiner may either rule upon or certify the motion, request, objection, 
or other question to the Secretary, but not both.

[10 FR 2209, Feb. 27, 1945; 11 FR 224, Jan. 4, 1946, as amended at 38 FR 
30445, Nov. 5, 1973; 60 FR 8459, Feb. 14, 1995]



Sec.  47.14  Prehearing conferences.

    (a) In any proceeding in which it appears that a conference will 
expedite the proceeding, the examiner, at any time prior to or during 
the course of

[[Page 299]]

the oral hearing, may request the parties or their counsel to appear at 
a conference before the examiner to consider:
    (1) The simplification of the issues;
    (2) The necessity or the desirability of amendments to the 
pleadings;
    (3) The possibility of obtaining stipulations of fact and of 
documents which will avoid unnecessary proof;
    (4) The limitation of the number of expert or other witnesses; or
    (5) Such other matters as may expedite and aid in the disposition of 
the proceeding.
    (b) No transcript or recording of the conference shall be made. If 
the conference is conducted by correspondence, the examiner shall 
forward copies of letters and documents to the parties as circumstances 
require. The correspondence in connection with a conference shall not be 
part of the record. The examiner shall prepare and file for the record a 
written summary of the action agreed upon or taken at the conference, 
which shall incorporate any written stipulations or agreements made by 
the parties at the conference or as a result of the conference.
    (c) Manner of the Conference. (1) The conference shall be conducted 
by telephone or correspondence unless the examiner determines that 
conducting the conference by audio-visual telecommunication:
    (i) Is necessary to prevent prejudice to a party;
    (ii) Is necessary because of a disability of any individual expected 
to participate in the conference; or
    (iii) Would cost less than conducting the conference by telephone or 
correspondence. If the examiner determines that a conference conducted 
by audio-visual telecommunication would measurably increase the United 
States Department of Agriculture's cost of conducting the conference, 
the conference shall be conducted by personal attendance of any 
individual who is expected to participate in the conference, by 
telephone, or by correspondence.
    (2) If the conference is not conducted by telephone or 
correspondence, the conference shall be conducted by audio-visual 
telecommunication unless the examiner determines that conducting the 
conference by personal attendance of any individual who is expected to 
participate in the conference:
    (i) Is necessary to prevent prejudice to a party;
    (ii) Is necessary because of a disability of any individual expected 
to participate in the conference; or
    (iii) Would cost less than conducting the conference by audio-visual 
telecommunication.

[60 FR 8460, Feb. 14, 1995]



Sec.  47.15  Oral hearing before the examiner.

    (a) When permissible. (1) Where the amount of the damages claimed, 
either in the complaint or in the counterclaim, does not exceed $30,000 
(excluding interest), an oral hearing shall not be held, unless deemed 
necessary or desirable by the Fruit and Vegetable Programs or unless 
granted by the examiner as defined in Sec.  47.2(i)(1), upon application 
of complainant or respondent setting forth the peculiar circumstances 
making an oral hearing necessary for a proper presentation of the case.
    (2) Where the amount of damages claimed, either in the complaint or 
in the counterclaim, is in excess of $30,000 (excluding interest), the 
procedure provided in this section (except as provided in Sec.  
47.20(b)(2)) shall be applicable.
    (b) Request for hearing. Any party may request an oral hearing on 
the facts by including such request in the complaint. Failure to request 
an oral hearing within the time allowed for filing of the reply, or 
within 10 days after the expiration of the time allowed for filing an 
answer, shall constitute a waiver of such hearing, and any party so 
failing to request an oral hearing will be deemed to have agreed that 
the proceeding may be decided upon a record formed under the documentary 
procedure provided in Sec.  47.20.
    (c) Time, place, and manner. (1) If and when the proceeding has 
reached the stage of oral hearing, the examiner, giving careful 
consideration to the convenience of the parties, shall set a time for 
hearing and shall file with the Hearing Clerk a notice stating the time 
and place of hearing. Unless the parties

[[Page 300]]

otherwise agree, the place of the hearing shall be the place in which 
the respondent is engaged in business. This notice shall state whether 
the hearing will be conducted by telephone, audio-visual 
telecommunication, or personal attendance of any individual expected to 
participate in the hearing and the examiner's determination regarding 
the manner of the hearing shall be made in accordance with paragraphs 
(c)(3) and (c)(4) of this section. If any change in the time, place, or 
manner of the hearing is made, the examiner shall file with the Hearing 
Clerk a notice of the change. The notice of any change in the time, 
place, or manner of the hearing shall be served on the parties, unless 
it is made during the course of an oral hearing and made part of the 
transcript or recording, or actual notice is given to the parties.
    (2)(i) If and when the proceeding has reached the stage of oral 
hearing, any party may move that the hearing be conducted by telephone 
or personal attendance of any individual expected to attend the hearing 
rather than by audio-visual telecommunication. Any motion that the 
hearing be conducted by telephone or personal attendance of any 
individual expected to attend the hearing must be accompanied by a 
memorandum in support of the motion stating the basis for the motion and 
the circumstances that require the hearing to be conducted other than by 
audio-visual telecommunication.
    (ii) Within 10 days after the examiner issues a notice stating the 
manner in which the hearing is to be conducted, any party may move that 
the examiner reconsider the manner in which the hearing is to be 
conducted. Any motion for reconsideration must be accompanied by a 
memorandum in support of the motion stating the basis for the motion and 
the circumstances that require the hearing to be conducted other than in 
accordance with the examiner's notice.
    (3) The hearing shall be conducted by audio-visual telecommunication 
unless the examiner determines that conducting the hearing by personal 
attendance of any individual expected to attend the hearing:
    (i) Is necessary to prevent prejudice to a party;
    (ii) Is necessary because of a disability of any individual expected 
to participate in the hearing; or
    (iii) Would cost less than conducting the hearing by audio-visual 
telecommunication. If the examiner determines that a hearing conducted 
by audio-visual telecommunication would measurably increase the United 
States Department of Agriculture's cost of conducting the hearing, the 
hearing shall be conducted by personal attendance of any individual who 
is expected to participate in the hearing or by telephone.
    (4) The examiner may, in his or her sole discretion or in response 
to a motion by a party to the proceeding, conduct the hearing by 
telephone if the examiner finds that a hearing conducted by telephone:
    (i) Would provide a full and fair evidentiary hearing;
    (ii) Would not prejudice any party; and
    (iii) Would cost less than conducting the hearing by audio-visual 
telecommunication or personal attendance of any individual who is 
expected to participate in the hearing.
    (d) Appearances--(1) Representation. In any proceeding under the 
Act, the parties may appear in person or by counsel or other 
representative.
    (2) Failure to appear. If any party to the proceeding, after being 
duly notified, fails to appear at the hearing, the party shall be deemed 
to have waived the right to an oral hearing in the proceeding. In the 
event that a party appears at the hearing and no party appears for the 
opposing side, the examiner may determine whether the party who is 
present shall present his or her evidence, in whole or in part, in the 
form of affidavits or by oral testimony.
    (3) Debarment of counsel or representative. (i) Whenever, while a 
proceeding is pending before him or her, the examiner finds that a 
person acting as counsel or representative for any party to the 
proceeding is guilty of unethical or unprofessional conduct, the 
examiner may order that such person be precluded from further acting as 
counsel or representative in such proceeding. An appeal to the Secretary 
may be taken from any such order, but the

[[Page 301]]

proceeding shall not be delayed or suspended pending disposition of the 
appeal: Provided, That the examiner may suspend the proceedings for a 
reasonable time for the purpose of enabling the party to obtain other 
counsel or representative.
    (ii) In case the examiner has issued an order precluding a person 
from further acting as counsel or representative in the proceeding, the 
examiner, within a reasonable time thereafter, shall submit to the 
Secretary a report of the facts and circumstances surrounding the 
issuance of the order and shall recommend what action the Secretary 
should take respecting the appearance of such person as counsel or 
representative in other proceedings before the Secretary. Thereafter, 
the Secretary may, after notice and an opportunity for hearing, issue 
such order respecting the appearance of such person as counsel or 
representative in proceedings before the Secretary as the Secretary 
finds to be appropriate.
    (e) Order of proceeding. The complainant shall proceed first at the 
hearing and shall have the burden of proof, except that a party 
asserting a set-off or counterclaim shall have the burden of proof on 
such issue.
    (f) Written statements of direct testimony. (1) Except as provided 
in paragraph (f)(2) of this section, each party must exchange with all 
other parties a written narrative verified statement of the oral direct 
testimony that the party will provide at any hearing to be conducted by 
telephone; the direct testimony of each employee or agent of the party 
that the party will call to provide oral direct testimony at any hearing 
to be conducted by telephone; and the direct testimony of each expert 
witness that the party will call to provide oral direct testimony at any 
hearing to be conducted by telephone. The written direct testimony of 
witnesses shall be exchanged by the parties at least 10 days prior to 
the hearing. The oral direct testimony provided by a witness at a 
hearing conducted by telephone will be limited to the presentation of 
the written direct testimony, unless the examiner finds that oral direct 
testimony which is supplemental to the written direct testimony would 
further the public interest and would not constitute surprise.
    (2) The parties shall not be required to exchange testimony in 
accordance with this paragraph if the hearing is scheduled to begin less 
than 20 days after the examiner's notice stating the time of the 
hearing.
    (g) Evidence--(1) In general. (i) The testimony of witnesses at a 
hearing shall be upon oath or affirmation, subject to cross-examination, 
and shall be reported verbatim.
    (ii) Any witness may, in the discretion of the examiner, be examined 
separately and apart from all other witnesses except those who may be 
parties to the proceeding.
    (iii) The examiner shall exclude, insofar as practicable, evidence 
which is immaterial, irrelevant, or unduly repetitious, or which is not 
of the sort upon which responsible persons are accustomed to rely.
    (2) Objections. (i) If a party objects to the admission or rejection 
of any evidence or to the limitation of the scope of any examination or 
cross-examination, the party shall state briefly the grounds of such 
objections, whereupon an automatic exception will follow if the 
objection is overruled by the examiner. The transcript or recording 
shall not include argument or debate thereon except as ordered by the 
examiner. The ruling of the examiner on any objection shall be a part of 
the transcript or recording.
    (ii) Only objections made before the examiner may subsequently be 
relied upon in the proceeding.
    (3) Depositions. The deposition of any witness shall be admitted in 
the manner provided in and subject to the provisions of Sec.  47.16.
    (4) Affidavits. Except as is otherwise provided in these rules, 
affidavits may be admitted only if the evidence is otherwise admissible 
and the parties agree (which may be determined by their failure to make 
timely objections) that affidavits may be used.
    (5) Proof and authentication of official records or documents. An 
official record or document, if admissible for any purpose, shall be 
admissible in evidence without the production of the person who made or 
prepared the same. Such record or document shall be evidenced

[[Page 302]]

by an official publication thereof or by a copy attested by the person 
having legal authority to make such attestation. The person attesting 
the copy shall make a certificate showing such authority.
    (6) Exhibits. (i) All written statements, charts, tabulations, or 
similar data offered in evidence at the hearing shall, after 
identification by the proponent and upon a satisfactory showing of the 
admissibility of the contents thereof, be numbered as exhibits, received 
in evidence, and made a part of the record. Unless the examiner finds 
that the furnishing of copies is impracticable, a copy of each exhibit 
shall be filed with the examiner for the use of each other party to the 
proceeding. The examiner shall advise the parties as to the exact number 
of copies which will be required to be filed.
    (ii) If the testimony of a witness refers to a statute, a report, 
document, recording, or transcript, the examiner, after inquiry relating 
to the identification of such statute, report, document, recording, or 
transcript, shall determine whether the same shall be produced at the 
hearing and physically be made a part of the evidence as an exhibit, or 
whether it shall be incorporated into the evidence by reference. If 
relevant and material matter offered in evidence is embraced in a 
report, document, recording, or transcript containing immaterial or 
irrelevant matter, such immaterial or irrelevant matter shall, insofar 
as practicable, be designated by the party and segregated and excluded.
    (7) [Reserved]
    (8) Offer of proof. Whenever evidence is excluded from the record, 
the party offering such evidence may make an offer of proof, which shall 
be included in the transcript or recording. The offer of proof shall 
consist of a brief statement describing the evidence to be offered. If 
the evidence consists of a brief oral statement or of an exhibit, it 
shall be inserted into the transcript or recording in toto. In such 
event, it shall be considered a part of the transcript or recording if 
the Secretary decides that the examiner's ruling in excluding the 
evidence was erroneous. The examiner shall not allow the insertion of 
such evidence in toto if the taking of such evidence will consume a 
considerable length of time at the hearing. In the latter event, if the 
Secretary decides that the examiner erred in excluding the evidence, and 
that such error was substantial, the hearing shall be reopened to permit 
the taking of such evidence.
    (h) Oral argument before examiner. The examiner may permit the 
parties or their counsel to argue orally at the hearing or at some other 
time prior to the transmittal of the record to the Secretary as provided 
in this part. Such argument may be limited by the examiner to any extent 
that the examiner finds necessary for the expeditious or proper 
disposition of the proceeding.
    (i) Transcript or recording. (1) Hearings to be conducted by 
telephone shall be recorded verbatim by electronic recording device. 
Hearings conducted by audio-visual telecommunication or the personal 
attendance of any individual who is expected to participate in the 
hearing shall be transcribed, unless the examiner finds that recording 
the hearing verbatim would expedite the proceeding and the examiner 
orders the hearing to be recorded verbatim.
    (2) If a hearing is recorded verbatim, a party requests the 
transcript of a hearing or part of a hearing, and the examiner 
determines that the disposition of the proceeding would be expedited by 
a transcript of the hearing or part of a hearing, the examiner shall 
order the verbatim transcription of the recording as requested by the 
party.
    (3) If a reporter transcribes or records the testimony at a hearing, 
the reporter shall deliver the original transcript or recording, with 
exhibits thereto attached, to the examiner, who will retain such copy 
for the official file and for use in preparing his or her report. The 
reporter will also deliver to the examiner such other copy or copies as 
may be ordered by the Department, which copy or copies the examiner will 
forward to the Hearing Clerk.
    (4) Parties to the proceeding, or others, who desire a copy of the 
transcript or recording of the hearing may place orders at the hearing 
with the reporter,

[[Page 303]]

who will furnish and deliver such copies direct to the purchaser upon 
payment of the applicable rate.

[10 FR 2213, Feb. 27, 1945; 11 FR 224, Jan. 4, 1946, as amended at 24 FR 
10055, Dec. 12, 1959; 27 FR 12398, Dec. 14, 1962; 38 FR 30445, Nov. 5, 
1973; 47 FR 21234, May 18, 1982; 60 FR 8460, Feb. 14, 1995; 64 FR 38107, 
July 15, 1999]



Sec.  47.16  Depositions.

    (a) Application for taking deposition. Upon the application of a 
party to the proceeding, the examiner as defined in Sec.  47.2(i)(1) 
may, except as provided in paragraph (b) of this section, at any time 
after the filing of the moving papers, order, over the facsimile 
signature of the Secretary, the taking of testimony by deposition. The 
application shall be in writing, shall be filed with the Hearing Clerk, 
and shall set forth:
    (1) The name and address of the proposed deponent; (2) the name and 
address of the person (referred to hereinafter in this section as the 
``officer''), qualified under the regulations in this part to take 
depositions, before whom the proposed examination is to be made; (3) the 
proposed time of the deposition which, unless otherwise agreed, shall be 
at least 30 days after the date of the mailing of the application; (4) 
the proposed place of the deposition; (5) the proposed manner in which 
the deposition is to be conducted (telephone, audio-visual 
telecommunication, or by personal attendance of the individuals who are 
expected to participate in the deposition); and (6) the reasons for 
taking the deposition.
    (b) Examiner's order for taking deposition. (1) If, after 
examination of the application, the examiner is of the opinion that the 
deposition should be taken, or if the parties are using depositions in 
lieu of affidavits pursuant to Sec.  47.20(b)(2), the examiner shall 
order the taking of the deposition. In no case, except for good cause 
shown, may the examiner order the taking of a deposition less than 10 
days prior to the designated date of deposition. The order shall be 
filed with the Hearing Clerk upon the parties in accordance with Sec.  
47.4.
    (2) The order shall state:
    (i) The time of the deposition (which unless otherwise agreed shall 
not be less than 20 days after the filing of the order);
    (ii) The place of the deposition;
    (iii) The manner of the deposition (telephone, audio-visual 
telecommunication, or personal attendance of those who are to 
participate in the deposition);
    (iv) The name of the officer before whom the deposition is to be 
made; and
    (v) The name of the deponent.
    (3) The deposition shall be conducted in the manner (telephone, 
audio-visual telecommunication, or personal attendance of those who are 
to participate in the deposition) agreed to by the parties.
    (4) If the parties cannot agree on the manner in which the 
deposition is to be conducted:
    (i) The deposition shall be conducted by telephone unless the 
examiner determines that conducting the deposition by audio-visual 
telecommunication:
    (A) Is necessary to prevent prejudice to a party;
    (B) Is necessary because of a disability of any individual expected 
to participate in the deposition; or
    (C) Would cost less than conducting the deposition by telephone.
    (ii) If the deposition is not conducted by telephone, the deposition 
shall be conducted by audio-visual telecommunication unless the examiner 
determines that conducting the deposition by personal attendance of any 
individual who is expected to participate in the deposition:
    (A) Is necessary to prevent prejudice to a party;
    (B) Is necessary because of a disability of any individual expected 
to participate in the deposition; or
    (C) Would cost less than conducting the deposition by telephone or 
audio-visual telecommunication.
    (c) Qualification of officer. The deposition shall be made before 
the examiner or before an officer authorized by the law of the United 
States or by the law of the place of the examination to administer 
oaths, or before an officer authorized by the Secretary to administer 
oaths.
    (d) Procedure on examination. (1) The deponent shall be examined 
under oath or affirmation and shall be subject to

[[Page 304]]

cross-examination. The testimony of the deponent shall be recorded by 
the officer or some person under the officer's direction. In lieu of 
oral examination, parties may transmit written questions to the officer 
prior to examination and the officer shall propound the written 
questions to the deponent.
    (2) The applicant shall arrange for the examination of the witness 
either by oral examination or by written questions. If the place of 
business of the opposing party is more than 100 miles from the place of 
the examination, the applicant will be required to conduct the 
examination by means of written questions, unless the parties otherwise 
agree or the examiner otherwise orders. If the examination is conducted 
by means of written questions, copies of the applicant's questions must 
be received by the other party to the proceeding and the officer at 
least 10 days prior to the date set for the examination unless otherwise 
agreed, and any cross questions of a party other than the applicant must 
be received by the applicant and the officer at any time prior to the 
time of the examination.
    (e) Certification by officer. The officer shall certify on the 
deposition that the deponent was duly sworn by the officer and that the 
deposition is a true record of the deponent's testimony. The officer 
shall then securely seal the deposition, together with one copy thereof 
(unless there are more than two parties to a proceeding, in which case 
there should be another copy for each additional party), in an envelope 
and mail the same by registered mail to the Hearing Clerk.
    (f) Use of depositions. A deposition taken in accord with this 
section or in accord with the provisions of the Rules of Civil Procedure 
of the Courts of the United States, may be used in a proceeding under 
the act if the examiner finds that the evidence is otherwise admissible. 
If a deposition has been taken, and the party upon whose application it 
was taken refuses to offer it in evidence, the other party may offer the 
deposition, or any part thereof, in evidence.

[10 FR 2209, Feb. 27, 1945, as amended at 56 FR 174, Jan. 3, 1991; 60 FR 
8461, Feb. 14, 1995; 64 FR 38107, July 15, 1999]



Sec.  47.17  Subpoenas.

    (a) Issuance of subpoenas. The attendance of witnesses and the 
production of documentary evidence from any place in the United States 
on behalf of any party to the proceeding may, by subpoena, be required 
at any designated place of hearing or at any designated place for the 
taking of a deposition. Subpoenas may be issued by the Secretary, or by 
the examiner, over the facsimile signature of the Secretary upon a 
reasonable showing by the applicant of the grounds, necessity, and 
reasonable scope thereof. Except for good cause shown, applications for 
subpoenas shall be filed with the Hearing Clerk at least 30 days prior 
to the designated date of hearing or deposition. Except for good cause 
shown, the examiner shall not issue subpoenas less than 20 days prior to 
the designated date of hearing or deposition.
    (b) Application for subpoena duces tecum. Subpoenas for the 
production of documentary evidence shall be issued only upon a verified 
written application. Such application shall specify, as exactly as 
possible, the documents desired and shall show their competency, 
relevancy, materiality, and the necessity for their production.
    (c) Service of subpoenas. Subponeas may be served by any person not 
less than 18 years of age. The party at whose instance a subponea is 
issued shall be responsible for service thereof. Subpoenas shall be 
served as provided in Sec.  47.4.

[10 FR 2209, Feb. 27, 1945; 11 FR 224, Jan. 4, 1946; 19 FR 57, Jan. 6, 
1954, as amended at 38 FR 30445, Nov. 5, 1973; 56 FR 175, Jan. 3, 1991; 
60 FR 8462, Feb. 14, 1995; 64 FR 38107, July 15, 1999]



Sec.  47.18  Fees and mileage.

    Witnesses who are subpoenaed and who appear in the proceeding, 
including witnesses whose depositions are taken, shall be paid the same 
fees and mileage that are paid witnesses in the courts of the United 
States, and persons taking depositions shall be entitled to the same 
fees as are paid for like services in the courts of the United States, 
to be paid by the party at whose request the deposition is taken. 
Witness fees and mileage shall be paid by the party at whose instance

[[Page 305]]

the witnesses appear, and claims therefor shall be presented to such 
party.



Sec.  47.19  Post-hearing procedure before the examiner.

    (a) Certification of transcript or recording. As soon as practicable 
after receipt of the transcript or recording, the examiner shall prepare 
his or her certificate stating that, to the best of his or her knowledge 
and belief, the transcript or recording is a true, correct, and complete 
transcript or recording of the testimony given at the hearing, except in 
such particulars as the examiner shall specify, and that the exhibits 
transmitted are all the exhibits received in evidence at the hearing, 
with such exceptions as the examiner shall specify. The original of such 
certificate shall be attached to the original transcript or recording 
and a copy of such certificate shall be furnished to each of the parties 
and to the Hearing Clerk. The examiner shall correct the original copy 
of the transcript or recording by adding or crossing out (but without 
obscuring the text) at the appropriate places any words necessary to 
make the text conform to the correct meaning, as certified by the 
examiner.
    (b) Proposed findings of fact, conclusions, and order. The examiner 
shall decide and shall announce at the hearing whether proposed findings 
of fact, conclusions, and order may be filed by the parties. If allowed 
by the examiner, he or she shall announce a definite calendar day as the 
time within which these documents may be filed. Such findings of fact, 
conclusions, and order shall be based solely upon the evidence of 
record. They may be accompanied by supporting briefs and by a statement 
of objections made to the rulings of the examiner at the hearing.
    (c) Briefs. If the examiner does not allow proposed findings of 
fact, conclusions, and order to be filed, the parties shall be given 
until a definite calendar day to file briefs.
    (d) Claim for award of fees and expenses--(1) Filing. Prior to the 
close of the hearing, or within 20 days thereafter, each party may file 
with the Hearing Clerk a claim for the award of the fees and expenses 
which he incurred in connection with the oral hearing. No award of fees 
and expenses to the prevailing party and against the losing party shall 
be made unless a claim therefor has been filed, and failure to file a 
claim within the time allowed shall constitute a waiver thereof.
    (2) Fees and expenses which may be awarded to prevailing party. The 
term ``fees and expenses,'' as used in section 7(a) of the Act, 
includes:
    (i) Reasonable fees of an attorney or authorized representative for 
appearance at the hearing and for the taking of depositions necessary 
for introduction at the hearing; (ii) fees and mileage for necessary 
witnesses at the rates provided for witnesses in the courts of the 
United States; (iii) fees for the notarizing of a deposition and its 
reduction to writing; (iv) fees for serving subpenas; and (v) other fees 
and expenses necessarily incurred in connection with the oral hearing. 
Fees and expenses which are not considered to be reasonable or 
necessarily incurred in connection with the oral hearing will not be 
awarded.
    (3) Form of claim. A claim for fees and expenses shall be in the 
form of a written itemized statement of the fees and expenses claimed, 
which shall include an explanation of how each item was computed, to 
which there shall be attached an affidavit, made by the party or the 
party's authorized attorney or agent having knowledge of the facts, that 
each such item is correct and has been necessarily incurred in 
connection with the oral hearing in the proceeding and that the services 
for which fees are claimed were actually and necessarily performed.
    (4) Service of claim. A copy of each such claim filed shall be 
served by the Hearing Clerk on the other party or parties to the 
proceeding.
    (5) Objections to claim. Within 20 days after being served with a 
copy of a claim for fees and expenses, the party so served may file with 
the Hearing Clerk written objections to the allowance of any or all of 
the items claimed. If evidence is offered in support of an objection, it 
must be in affidavit form. A copy of any such objections shall be served 
by the Hearing Clerk on the other party or parties.
    (6) Reply to objections to claim. A claimant who is served with a 
copy of objections to his or her claim may,

[[Page 306]]

within 20 days after such service, file with the Hearing Clerk a reply 
to such objection. If evidence is offered in support of a reply, it must 
be in affidavit form. A copy of any such reply shall be served by the 
Hearing Clerk on the other party or parties.
    (7) Further inquiry by examiner. Whenever it is deemed desirable or 
necessary for the proper disposition of a claim, the examiner may 
request statements as to specific matters from either or both parties. 
Any statements so furnished shall be served by the examiner on the other 
party.
    (8) Number of copies. All documents or papers authorized by this 
paragraph to be filed with the examiner shall be filed in triplicate: 
Provided, That, where there are more than two parties to the proceeding 
an additional copy shall be filed for each additional party.
    (e) The examiner's report. The examiner, with the assistance and 
collaboration of such employees of the Department as may be assigned for 
the purpose, and within a reasonable time after the termination of the 
periods allowed for the filing of the submissions of the parties allowed 
by this section, shall prepare, upon the basis of the evidence received 
at the hearing and with due consideration of submissions of the parties 
filed pursuant to this section, his or her report. Such report shall be 
filed with the Hearing Clerk and shall be prepared in the form of a 
final order for the signature of the Secretary, but shall not be served 
upon the parties, unless and until it shall have been signed by the 
Secretary, as hereinafter provided.

[38 FR 30445, Nov. 5, 1973, as amended at 41 FR 50803, Nov. 18, 1976; 56 
FR 175, Jan. 3, 1991; 60 FR 8462, Feb. 14, 1995; 64 FR 38107, July 15, 
1999]



Sec.  47.20  Documentary procedure.

    (a) In general. The documentary procedure described in this section 
shall, whenever it is applicable as provided in paragraph (b) of this 
section, take the place and serve in lieu of the oral hearing procedure 
hereinbefore provided. Under the documentary procedure, the pleadings of 
the parties, if verified in accordance with paragraph (h) of this 
section, and any report of investigation filed with the Hearing Clerk 
pursuant to Sec.  47.7 will be considered as evidence in the proceeding. 
Under the shortened procedure, the pleadings of the parties, if verified 
in accordance with paragraph (h) of this section, and any report of 
investigation filed with the Hearing Clerk pursuant to Sec.  47.7, will 
be considered as evidence in the proceeding. In addition, the parties 
may submit written proof in support of the complaint, answer, or reply, 
as the case may be, in the form of verified statements or depositions. 
After the close of the evidence, the parties may file briefs.
    (b) When applicable--(1) Where damages claimed do not exceed 
$30,000. The documentary procedure provided for in this section shall 
(except as provided in Sec.  47.15(a)) be used in all reparation 
proceedings in which the amount of damages claimed, either in the 
complaint or in the counterclaim, does not exceed $30,000 (excluding 
interest).
    (2) Where damages claimed exceed $30,000. In any proceeding in which 
the amount of damages claimed, either in the complaint or in the 
counterclaim, is greater than $30,000 (excluding interest), the 
examiner, whenever he or she is of the opinion that proof may be fairly 
and adequately presented by use of the documentary procedure provided 
for in this section, shall suggest to the parties that they consent to 
the use of such procedure. Parties are free to consent to such procedure 
if they choose, and declination of consent will not affect or prejudice 
the rights or interests of any party. A party, if he or she has not 
waived oral hearing, may consent to the use of the documentary procedure 
on the condition that depositions rather than affidavits be used. In 
such case, if the other party agrees, depositions shall be required to 
be filed in lieu of verified statements. If any party who has not waived 
oral hearing does not consent to the use of the documentary procedure, 
the proceeding will be set for oral hearing. The suggestion that the 
documentary procedure be used need not originate with the examiner. Any 
party may address a request to the examiner asking that the documentary 
procedure be used.
    (c) Complainant's opening statement. Within twenty (20) days after 
service of respondent's answer, complainant may

[[Page 307]]

file a verified opening statement, accompanied by any pertinent 
documents, which documents must be identified in the statement. If the 
answer is verified, complainant's evidence concerning the allegations of 
the answer should be included in the opening statement.
    (d) Respondent's answering statement. Within twenty (20) days after 
service of complainants' opening statement or service of notice by the 
examiner that complainant has not filed an opening statement, respondent 
may file a verified answering statement, accompanied by any pertinent 
documents, which documents must be identified in the statement.
    (e) Complainant's statement in reply. If respondent files an 
answering statement, complainant may, within twenty (20) days after 
service thereof upon complainant, file a verified statement in reply, 
accompanied by any pertinent documents, which documents must be 
identified in the statement.
    (f) Use of depositions in lieu of verified statements. Depositions 
may be used in lieu of verified statements under paragraphs (c), (d), 
and (e) of this section.
    (g) Briefs. Promptly after the conclusion of the presentation of 
evidence, the examiner shall notify the parties that they may file 
briefs within twenty (20) days after the receipt of such notice.
    (h) Verification. Verification shall be made under oath of any facts 
set forth in the pleading or statement, by the person who signs the 
pleading or statement. Certification by a notary public is insufficient. 
The form of verification may be as follows:

    __________, being first duly sworn, says that he (or she) has read 
the foregoing document and knows the contents thereof and that the facts 
set forth therein are true, except as to matters therein stated on 
information and belief, and as to such matters he believes them to be 
true, and that he (or she) is duly authorized to sign the document.
    Subscribed and sworn to before me this ___ day of ________, 19__.
                                                         (Notary Public)

    (i) Stipulations. In addition to or in lieu of the statements 
referred to in this section, the parties may file with the Hearing Clerk 
stipulations of fact signed by the parties or their representatives. 
Such stipulations filed with the Hearing Clerk shall become a part of 
the record.
    (j) Waiver of right to file. Failure to file, within the time 
prescribed, any document authorized by this section shall constitute a 
waiver of the right to file such document.
    (k) The examiner's report. Within a reasonable time after the time 
allowed for filing briefs, the examiner shall prepare his or her report 
in the manner prescribed in Sec.  47.19(d).
    (l) Assignment for oral hearing. Whenever it is deemed desirable or 
necessary for the proper disposition of the proceeding, the examiner, 
upon his or her own or any party's motion, may order the proceeding set 
down for oral hearing at any stage of the proceeding.

[27 FR 12398, Dec. 14, 1962, as amended at 47 FR 21234, May 18, 1982; 56 
FR 175, Jan. 3, 1991; 60 FR 8462, Feb. 14, 1995; 64 FR 38107, July 15, 
1999]



Sec.  47.21  Transmittal of record.

    The Hearing Clerk, immediately after the filing of the examiners' 
report, shall transmit to the Secretary the record of the proceeding. 
Such record shall include: The pleadings; motions and requests filed, 
and rulings thereon; the report of investigation conducted by the Fruit 
and Vegetable Programs; the transcript or record of the testimony taken 
at the hearing, together with the exhibits filed therein; any statements 
or stipulations filed under the documentary procedure; any documents or 
papers filed in connection with conferences; such proposed findings of 
fact, conclusions, and orders and briefs as may have been permitted to 
be filed in connection with the hearing as provided in Sec.  47.19(b) 
and (c); such statements of objections, and briefs in support thereof, 
as may have been filed in the proceeding; and the examiner's report.

[64 FR 38108, July 15, 1999]



Sec.  47.22  Argument before Secretary.

    (a) Oral argument. There shall be no right to oral argument other 
than as provided in Sec.  47.15(h).

[[Page 308]]

    (b) Briefs. The Secretary will consider any proposed findings of 
fact, conclusions, and orders, statements of objections, and briefs 
filed as provided in Sec.  47.19(b). Briefs filed in accordance with 
Sec.  47.19(c) and those filed in support of statements of fact will 
also be considered by the Secretary.

[10 FR 2209, Feb. 27, 1945, as amended at 12 FR 1026, Feb. 13, 1947; 60 
FR 8462, Feb. 14, 1995]



Sec.  47.23  Issuance of order.

    As soon as practicable after the receipt of the record from the 
Hearing Clerk, the Secretary, upon the basis of and after due 
consideration of the record, shall issue his or her order in the 
proceeding. Unless the Secretary disagrees with the order as drafted for 
his or her signature by the examiner, as provided in Sec.  47.19(d), the 
Secretary shall issue as his or her order the order so prepared by the 
examiner. If the Secretary deems it advisable to do so, the Secretary 
may direct that the order be served upon the parties as a tentative 
order and that the parties be allowed such period of time, not to exceed 
20 days, as the Secretary may specify, within which to file exceptions 
thereto and written argument or briefs in support of such exceptions.

[10 FR 2209, Feb. 27, 1945, as amended at 60 FR 8462, Feb. 14, 1995]



Sec.  47.24  Rehearing, reargument, reconsideration of orders, 
reopening of hearings, reopening after default.

    (a) Petitions to rehear, reargue, and reconsider. A petition for 
rehearing or reargument of the proceeding, or for reconsideration of the 
order, shall be made by petition to the Secretary filed with the Hearing 
Clerk within 20 days after the date of service of the order. Every such 
petition shall state specifically the matters claimed to have been 
erroneously decided and the alleged errors. If the Secretary concludes 
that the questions raised by the petition have been sufficiently 
considered in the issuance of the order, the Secretary shall dismiss the 
petition without service on the other party. Otherwise, the Secretary 
shall direct that a copy of the petition be served upon such party by 
the Hearing Clerk. The filing of a petition to rehear or reargue a 
proceeding, or to reconsider an order, shall automatically operate to 
set aside the order pending final action on the petition. Only one 
petition to rehear, reargue, or reconsider will be accepted from each 
party, except when a mathematical or typographical error appears in 
either the original decision and order or in the decision on 
reconsideration.
    (b) Petition to reopen. A petition to reopen the hearing to take 
further evidence may be filed with the examiner at any time prior to the 
issuance of the final order. Every such petition shall state briefly the 
nature and purpose of the evidence to be adduced, shall show that such 
evidence is not merely cumulative, and shall set forth a good reason why 
such evidence was not adduced at the hearing. Every such petition shall 
be served by the Hearing Clerk on the other party in the proceeding.
    (c) Procedure for disposition of petitions. Within 20 days following 
the service of any petition provided for in this section, the other 
party to the proceeding may file with the Hearing Clerk an answer 
thereto. In the event that any such petition is granted the applicable 
rules of practice shall be followed.
    (d) Reopening after default. The party in default in the filing of 
an answer or reply required or authorized under this part may petition 
to reopen the proceeding at any time prior to the expiration of 20 days 
from the date of service of the default order. If, in the judgment of 
the examiner, after notice to and consideration of the views of the 
other party(ies), there is good reason for granting such relief, the 
party in default will be allowed 20 days from the date of the order 
reopening the proceeding to file an answer.

[10 FR 2209, Feb. 27, 1945, as amended at 56 FR 175, Jan. 3, 1991; 60 FR 
8462, Feb. 14, 1995; 64 FR 38108, July 15, 1999; 65 FR 29941, May 10, 
2000]



Sec.  47.25  Filing; extensions of time; effective date of filing; 
computations of time; official notice.

    (a) Filing, number of copies. Except as is provided otherwise 
herein, all documents or papers required or authorized by these rules to 
be filed with the

[[Page 309]]

Hearing Clerk shall be filed in triplicate: Provided, That, where there 
are more than two parties to the proceeding, a sufficient number of 
copies shall be filed so as to provide for service upon all the parties 
to the proceeding. Any document or paper required or authorized by the 
regulations in this part to be filed with the Hearing Clerk shall, 
during the course of an oral hearing, be filed with the examiner.
    (b) Extensions of time. The time for the filing of any document or 
paper (except an informal complaint) required or authorized under the 
regulations in this part to be filed may be extended by the examiner 
(before the transmittal of the record to the Secretary) or by the 
Secretary (after such transmittal), if, in the judgment of the examiner 
or the Secretary, as the case may be, there is good reason for the 
extension.
    (c) Effective date of filing. Any document or paper required or 
authorized under the regulations in this part to be filed shall be 
deemed to be filed when it reaches the Department in Washington, DC; or, 
if filed with any officer or employee of the Regulatory Branch of the 
Fruit and Vegetable Programs at any place outside the District of 
Columbia, it shall be deemed to be filed at the time when it is received 
by such officer or employee.
    (d) Computations of time. Saturdays, Sundays and holidays shall be 
included in computing the time allowed for the filing of any document or 
paper: Provided, That, when such time expires on a Saturday, Sunday or 
Federal holiday, such period shall be extended to include the next 
following business day.
    (e) Official notice. In any proceeding official notice may be taken 
of (1) such matters as are judicially noticed by the courts of the 
United States; (2) any other matter of technical, scientific, or 
commercial fact of established character; and (3) relevant publications 
and records of the Department.

[10 FR 2217, Feb. 27, 1945; 11 FR 224, Jan. 4, 1946, as amended at 24 FR 
10055, Dec. 12, 1959; 56 FR 175, Jan. 3, 1991; 60 FR 8462, Feb. 14, 
1995; 64 FR 38108, July 15, 1999]

              Rules Applicable to Disciplinary Proceedings



Sec.  47.46  Rule applicable to all proceedings.

    The Secretary may act in the place and stead of an examiner or judge 
in any proceeding hereunder. When the Secretary so acts, the Hearing 
Clerk shall transmit the record to the Secretary at the expiration of 
the period provided for the filing of proposed findings of fact, 
conclusions and orders, and the Secretary shall thereupon, after due 
consideration of the record, issue his or her final order in the 
proceeding: Provided, That the Secretary may issue a tentative order in 
which event the parties shall be afforded an opportunity to file 
exceptions before the issuance on the final order.

[12 FR 1026, Feb. 13, 1947, as amended at 38 FR 30447, Nov. 5, 1973; 60 
FR 8462, Feb. 14, 1995]

    Rules Applicable to the Determination as to Whether a Person Is 
Responsibly Connected With a Licensee Under the Perishable Agricultural 
                             Commodities Act



Sec.  47.47  Additional definitions.

    The following definitions, which are in addition to those in Sec.  
47.2 (a) through (h), shall be applicable to proceedings under 
Sec. Sec.  47.47 through 47.49.
    (a) Chief means the Chief of the PACA Branch, or any officer or 
employee to whom authority has heretofore lawfully been delegated or to 
whom authority may hereafter lawfully be delegated by the Chief, to act 
in such capacity.
    (b) PACA Branch means that PACA Branch of the Fruit and Vegetable 
Programs.
    (c) Petition for review means the document filed requesting review 
by an Administrative Law Judge of the Chief's determination.

[61 FR 11504, Mar. 21, 1996]



Sec.  47.48  Scope and applicability.

    These rules govern the determination of whether a person is 
responsibly connected with licensees under the Perishable Agricultural 
Commodities Act of 1930, as amended, or with persons whose license 
issued under the act has

[[Page 310]]

been suspended, revoked, or terminated or with persons who transact 
business subject to the act, but fail to obtain the required license.

[43 FR 30788, July 18, 1978]



Sec.  47.49  Determinations.

    (a) The PACA Branch shall determine whether a person was at the time 
in issue responsibly connected with a licensee whose license is subject 
to suspension, revocation, or termination or which is subject to having 
the facts and circumstances of violations of the act published. Such 
determination shall be made on the basis of license records on file with 
the PACA Branch, and such other information as may be available.
    (b) Upon determining that a person was responsibly connected at the 
time in issue with a licensee which is subject to the suspension or 
revocation of its license, or which is subject to having the facts and 
circumstances of violations of the Act published, and that the 
employment status and licensing of such person may be restricted, the 
PACA Branch shall notify the person in writing of his or her status and 
of any employment and licensing restrictions resulting therefrom.
    (c) If a person believes he or she was not responsibly connected 
with a licensee at the time in issue, he or she may submit the reasons 
for such belief in written form, along with all pertinent documents, 
within 30 days of the receipt of such notification to the Chief, who 
will promptly review the matter and advise the person in writing of the 
Chief's determination and the reasons for reaching such determination.
    (d) Within 30 days of receipt of notification of the Chief's 
determination, a person who disagrees with such determination may file 
with the Hearing Clerk, pursuant to Sec.  1.130-1.151 of this title, a 
petition for review of the determination.

[43 FR 30788, July 18, 1978, as amended at 60 FR 8462, Feb. 14, 1995; 61 
FR 11504, Mar. 21, 1996]



PART 48_REGULATIONS OF THE SECRETARY OF AGRICULTURE FOR THE ENFORCEMENT OF 
THE PRODUCE AGENCY ACT--Table of Contents



                               Definitions

Sec.
48.1 Meaning of words.
48.2 Definitions.

                             Administration

48.3 Director.

                               Violations

48.4 Destroying or dumping.
48.5 False report or statement.
48.6 Failure to account.

                        Justification for Dumping

48.7 Evidence to justify dumping.

                               Complaints

48.8 Filing of complaints.

    Authority: Sec. 3, 44, Stat. 1355, as amended; 7 U.S.C. 494.

    Source: 24 FR 7127, Sept. 3, 1959, unless otherwise noted.

                               Definitions



Sec.  48.1  Meaning of words.

    Words in this part in the singular form shall be deemed to import 
the plural, and vice versa, as the case may demand.



Sec.  48.2  Definitions.

    Unless the context otherwise requires, the following terms shall be 
construed as follows:
    (a) Act means ``An act to prevent the destruction or dumping, 
without good and sufficient cause therefor, of farm produce received in 
interstate commerce by commission merchants and others, and to require 
them truly and correctly to account for all farm produce received by 
them,'' approved March 3, 1927 (44 Stat. 1355; 7 U.S.C. 491-497).
    (b) Person means an individual, partnership, association or 
corporation.
    (c) Secretary means the Secretary of Agriculture of the United 
States, or any officer or employee of the Department to whom authority 
has heretofore been delegated, or to whom authority may hereafter be 
delegated, to act in his stead.

[[Page 311]]

    (d) Service means the Consumer and Marketing Service, United States 
Department of Agriculture.
    (e) Deputy Administrator means the Deputy Administrator for 
Marketing Services, or any officer or employee of the Service, to whom 
authority has heretofore lawfully been delegated, or to whom authority 
may hereafter lawfully be delegated, to act in his stead.
    (f) Director means the Director of the Fruit and Vegetable Division 
of the Service, or any officer or employee of the Division to whom 
authority has heretofore lawfully been delegated, or to whom authority 
may hereafter lawfully be delegated by the Director to act in his stead.
    (g) Produce means all fresh fruits and fresh vegetables generally 
considered by the trade as perishable fruits and vegetables, melons, 
dairy or poultry products, or any perishable farm products of any kind 
or character.
    (h) Truly and correctly to account means, unless otherwise 
stipulated by the parties, that the consignee of produce shall, within 
ten days after the final sale is made of any produce received for sale 
on consignment in interstate commerce or in the District of Columbia, 
render to the consignor thereof a true and correct itemized statement of 
the gross sales as well as all selling charges and all other charges or 
expenses paid and a statement of the net proceeds or deficit, and make 
full payment to the consignor of the net proceeds so received together 
with a full explanation of the disposition of any and all produce not 
sold.
    (i) Good and sufficient cause means, with respect to destroyed, 
abandoned, discarded, or dumped produce, that the produce so dealt with 
had no commercial value, or that some other legal justification for so 
dealing with such produce existed, such as an order of condemnation by a 
health officer or definite authority from the shipper.
    (j) Commercial value means any value that the produce may have for 
any purpose that can be ascertained in the exercise of due diligence by 
the consignee without unreasonable expense on loss of time.

                             Administration



Sec.  48.3  Director.

    The Director shall perform, for and under the supervision of the 
Secretary and the Deputy Administrator, such duties as the Secretary or 
the Deputy Administrator may require in enforcing the provisions of the 
Act and the regulations issued thereunder.

                               Violations



Sec.  48.4  Destroying or dumping.

    Any person receiving produce in interstate commerce or in the 
District of Columbia for or on behalf of another who, without good and 
sufficient cause, shall destroy or abandon, discard as refuse, or dump 
any produce, directly or indirectly or through collusion with any 
person, shall be considered to have violated the Act.



Sec.  48.5  False report or statement.

    Any person receiving produce in interstate commerce or in the 
District of Columbia for or on behalf of another shall be considered to 
have violated the Act if, knowingly and with intent to defraud, he makes 
any false report or statement to the person from whom such produce was 
received concerning the handling, condition, quality, quantity, sale, or 
disposition thereof.



Sec.  48.6  Failure to account.

    Any person receiving produce in interstate commerce or in the 
District of Columbia for or on behalf of another shall be considered to 
have violated the Act if, knowingly and with intent to defraud, he fails 
truly and correctly to account to the person from whom such produce was 
received.

                        Justification for Dumping



Sec.  48.7  Evidence to justify dumping.

    Any person, receiving produce in interstate commerce or in the 
District of Columbia, having reason to destroy, abandon, discard as 
refuse or dump such produce, should, prior to such destroying, 
abandoning, discarding or dumping, obtain a dumping certificate or other 
evidence of justification for such action. Certification, showing

[[Page 312]]

that the produce has no commercial value, should be obtained from:
    (a) An inspector authorized by the United States Department of 
Agriculture to inspect produce; or (b) a health officer, or food 
inspector of any State, county, parish, city or municipality or of the 
District of Columbia. When no inspector or health officer, as designated 
in paragraph (a) or (b) of this section is available, affidavits as to 
the condition of the produce should be obtained from two disinterested 
persons having no financial interest in the produce involved or in the 
business of a person financially interested therein, and who are 
unrelated by blood or marriage to any such financially interested 
person, and who, at the time of certification, and for a period of at 
least one year immediately prior thereto, have been engaged in the 
handling of the same general kind or class of produce with respect to 
which such affidavits are to be made. The certificate or affidavit 
obtained for justifying dumping should identify the produce to be dumped 
by giving the name of the shipper, any identifying marks or brands on 
the original container, the type of container, the commodity, the 
quantity, the date of inspection, and contain a short description of the 
condition of the produce to be dumped at the time of inspection. The 
name, address and title of the person or persons making such inspection 
should also be designated on the certificate or affidavit.

                               Complaints



Sec.  48.8  Filing of complaints.

    Any person having reason to believe that the Act or the regulations 
in this part have been violated should submit promptly all available 
facts with respect thereto to the Director for investigation and 
appropriate action.



PART 50_RULES OF PRACTICE GOVERNING WITHDRAWAL OF INSPECTION AND GRADING 
SERVICES--Table of Contents



                            Subpart A_General

Sec.
50.1 Scope and applicability of rules of practice.

                Subpart B_Supplemental Rules of Practice

50.10 Definitions.
50.11 Conditional withdrawal of service.
50.12 Summary suspension of service.

    Authority: 7 U.S.C. 1621 et seq.; 7 CFR 2.35, 2.41.

    Source: 60 FR 8463, Feb. 14, 1995, unless otherwise noted.



                            Subpart A_General



Sec.  50.1  Scope and applicability of rules of practice.

    (a) The Rules of Practice Governing Formal Adjudicatory Proceedings 
Instituted by the Secretary Under Various Statutes set forth in 
Sec. Sec.  1.130 through 1.151 of this title are rules of practice 
applicable to adjudicatory proceedings under the regulations promulgated 
under 7 U.S.C. 1621 et seq. for denial or withdrawal of inspection, 
certification, or grading service. In addition, the supplemental rules 
of practice in subpart B of this part shall be applicable to 
adjudicatory proceedings under the regulations promulgated under 7 
U.S.C. 1621 et seq. for denial or withdrawal of inspection, 
certification, or grading service.
    (b) Neither the rules of practice in Sec. Sec.  1.130 through 1.151 
of this title nor the supplemental rules of practice in subpart B of 
this part modify existing procedures for refusing to inspect, grade, or 
certify a specific lot of a product because of adulteration, improper 
preparation of the lot for grading, improper presentation of the lot for 
grading, or because of failure to comply with any similar requirements 
set forth in applicable regulations.



                Subpart B_Supplemental Rules of Practice



Sec.  50.10  Definitions.

    Director. The Director of the Division or any employee of the 
Division to whom authority to act in his or her stead is delegated.
    Division. The Division of the Agricultural Marketing Service, United 
States Department of Agriculture, initiating the withdrawal of 
inspection, certification, or grading service.

[[Page 313]]

    Mailing. Depositing an item in the United States mail with postage 
affixed and addressed as necessary to cause the item to be delivered to 
the address shown by ordinary mail, certified mail, or registered mail.



Sec.  50.11  Conditional withdrawal of service.

    (a) The Director may withdraw grading or inspection service from a 
person for correctable cause. The grading or inspection service 
withdrawn, after appropriate corrective action is taken, will be 
restored immediately, or as soon thereafter as a grader or inspector can 
be made available.
    (b) Written notice of withdrawal of grading or inspection service 
under this section shall be given to the person from whom grading or 
inspection services will be withdrawn in advance of withdrawal, whenever 
it is feasible to provide such an advance written notice. If advance 
written notice is not given, the withdrawal action and the reasons for 
the withdrawal shall be confirmed as promptly as circumstances permit, 
unless the deficiency which is the basis for the withdrawal has already 
been corrected.



Sec.  50.12  Summary suspension of service.

    (a) General. In any situation in which the integrity of grading or 
inspection service would be jeopardized if the grading or inspection 
service were continued pending a decision in a proceeding to withdraw 
grading or inspection service, such service to the respondent may be 
suspended effective on the third day after mailing of a written notice 
of the suspension of service to the respondent's last known address or 
designated address or upon actual receipt of the written notice, 
whichever is earlier.
    (b) Actual or threatened physical violence. In any case of actual or 
threatened physical violence to an inspector or grader, grading and 
inspection services to the respondent may be suspended prior to the 
transmittal of the written notice of suspension to the respondent. A 
written notice shall be given as promptly as circumstances permit.

[[Page 314]]



SUBCHAPTER C_REGULATIONS AND STANDARDS UNDER THE AGRICULTURAL MARKETING 
             ACT OF 1946 AND THE EGG PRODUCTS INSPECTION ACT





PART 51_FRESH FRUITS, VEGETABLES AND OTHER PRODUCTS \1 2\ 
(INSPECTION, CERTIFICATION, AND STANDARDS)--Table of Contents


---------------------------------------------------------------------------

    \1\ Among such other products are the following: Raw nuts, Christmas 
trees and evergreens; flowers and flower bulbs; and onion sets.
    \2\ None of the requirements in the regulations of this part shall 
excuse failure to comply with any Federal, State, county, or municipal 
laws applicable to products covered in the regulations in this part.
---------------------------------------------------------------------------

                           Subpart_Regulations

                             Administrative

Sec.
51.1 Administration of regulations.

                               Definitions

51.2 Terms defined.
51.3 Designation of official certificates, memoranda, marks, other 
          identifications and devices for purposes of the Agricultural 
          Marketing Act.

                           Inspection Service

51.4 Where inspection service is offered.
51.5 Who may obtain inspection service.
51.6 How to make application.
51.7 Form of application.
51.8 Filing of application.
51.9 When application may be rejected.
51.10 When application may be withdrawn.
51.11 Authority to request inspection.
51.12 Accessibility of products.
51.13 Basis of service.
51.14 Order of inspection service.
51.15 Financial interest of inspector.
51.16 Postponing inspection service.
51.17 Official sampling.
51.18 Certificate forms.
51.19 Issuance of certificates.
51.20 Issuance of corrected certificates.
51.21 Disposition of inspection certificates.
51.22 Disposition of samples.
51.23 Report of inspection results prior to issuance of formal report.

                            Appeal Inspection

51.24 When appeal inspection may be requested.
51.25 Where to file for an appeal inspection and information required.
51.26 Record of filing time.
51.27 When appeal inspection may be refused.
51.28 When an application for an appeal inspection may be withdrawn.
51.29 Order in which made.
51.30 Who shall perform appeal inspections.
51.31 Appeal inspection certificate.

                         Licensing of Inspectors

51.32 Who may be licensed.
51.33 Application to become a licensed inspector.
51.34 Suspension or revocation of license of a licensed inspector.
51.35 Surrender of license.
51.36 Expiration and renewal of license.

           Schedule of Fees and Charges at Destination Markets

51.37 Charges for fees, rates, and expenses.
51.38 Basis for fees and rates.
51.39 Fees for appeal inspections.
51.40 Traveling and other expenses.
51.41 Fees for additional copies of inspection certificates.
51.42 Charges for inspection services on a contract basis.
51.43 How fees shall be paid.
51.44 Disposition of fees.

          Schedule of Fees and Charges at Shipping Point Areas

51.45 Fees and charges at shipping point areas.

                              Miscellaneous

51.46 Denial of inspection service.
51.47 Political activity.
51.48 Inspector's identification.
51.49 Approved identifications.
51.50 Custody of official inspection marking devices.
51.51 Prohibited uses of approved identification.
51.52 Licensing and identification of certain official devices.

   Requirements for Plants Operating Under Continuous Inspection on a 
                             Contract Basis

51.53 Continuous inspections.
51.54 Plant survey.
51.55 Premises.
51.56 Buildings and structures.
51.57 Facilities.
51.58 Equipment.
51.59 Operations and operating procedures.
51.60 Termination of contracts.
51.61 Congressional interest in contracts.

[[Page 315]]

51.62 OMB control numbers assigned pursuant to the Paperwork Reduction 
          Act.

          Subpart_United States Standards for Grades of Apples

                                 Grades

51.300 U.S. Extra Fancy.
51.301 U.S. Fancy.
51.302 U.S. No. 1.
51.303 U.S. Utility.
51.304 Combination grades.

                           Color Requirements

51.305 Color requirements.

                               Tolerances

51.306 Tolerances.

                        Application of Tolerances

51.307 Application of tolerances.

           Methods of Sampling and Calculation of Percentages

51.308 Methods of sampling and calculation of percentages.

                   Condition After Storage or Transit

51.309 Condition after storage or transit.

                          Packing Requirements

51.310 Packing requirements.

                          Marking Requirements

51.311 Marking requirements.

                               Definitions

51.312 Mature.
51.313 Overripe.
51.314 Clean.
51.315 Fairly well formed.
51.316 Injury.
51.317 Damage.
51.318 Serious damage.
51.319 Seriously deformed.
51.320 Diameter.

                   U.S. Condition Standards for Export

51.321 U.S. Condition Standards for Export.

                         Metric Conversion Table

51.322 Metric conversion table.

   Subpart_United States Standards for Grades of Apples for Processing

                                 Grades

51.340 U.S. No. 1.
51.341 U.S. No. 2.
51.342 U.S. Cider.

                                  Culls

51.343 Culls.

                                  Size

51.344 Size.

                        Application of Standards

51.345 Application of standards.

                               Tolerances

51.346 Tolerances.

                        Application of Tolerances

51.347 Application of tolerances.

                               Definitions

51.348 One variety.
51.349 Overripe.

  Subpart_United States Standards for Grades of Grapefruit (Texas and 
           States other than Florida, California, and Arizona)

                                 Grades

51.620 U.S. Fancy.
51.621 U.S. No. 1.
51.622 U.S. No. 1 Bright.
51.623 U.S. No. 1 Bronze.
51.624 U.S. Combination.
51.625 U.S. No. 2.
51.626 U.S. No. 2 Russet.
51.627 U.S. No. 3.

                               Tolerances

51.628 Tolerances.

                 Sample for Grade or Size Determination

51.629 Sample for grade or size determination.

                              Standard Pack

51.630 Standard pack.

                               Definitions

51.631 Mature.
51.632 Similar varietal characteristics.
51.633 Well colored.
51.634 Firm.
51.635 Well formed.
51.636 Smooth texture.
51.637 Injury.
51.638 Discoloration.
51.639 Fairly well colored.
51.640 Fairly well formed.
51.641 Fairly smooth texture.
51.642 Damage.
51.643 Fairly firm.
51.644 Slightly misshapen.
51.645 Slightly rough texture.
51.646 Serious damage.
51.647 Slightly colored.
51.648 Misshapen.
51.649 Slightly spongy.
51.650 Very serious damage.
51.651 Diameter.
51.652 Classification of defects.

[[Page 316]]

                         Metric Conversion Table

51.653 Metric conversion table.

Subpart_United States Standards for Grades of Oranges (Texas and States 
              Other Than Florida, California, and Arizona)

                                 General

51.680 General.

                                 Grades

51.681 U.S. Fancy.
51.682 U.S. No. 1.
51.683 U.S. No. 1 Bright.
51.684 U.S. No. 1 Bronze.
51.685 U.S. Combination.
51.686 U.S. No. 2.
51.687 U.S. No. 2 Russet.
51.688 U.S. No. 3.

                               Tolerances

51.689 Tolerances.

                 Sample for Grade or Size Determination

51.690 Sample for grade or size determination.

                              Standard Pack

51.691 Standard pack for oranges except Temple variety.

                             Standard Sizing

51.692 Standard sizing.

                               Definitions

51.693 Mature.
51.694 Similar varietal characteristics.
51.695 Well colored.
51.696 Firm.
51.697 Well formed.
51.698 Smooth texture.
51.699 Injury.
51.700 Discloration.
51.701 Fairly smooth texture.
51.702 Damage.
51.703 Fairly well colored.
51.704 Reasonably well colored.
51.705 Fairly firm.
51.706 Slightly misshapen.
51.707 Slightly rough texture.
51.708 Serious damage.
51.709 Misshapen.
51.710 Slightly spongy.
51.711 Very serious damage.
51.712 Diameter.
51.713 Classification of defects.

                         Metric Conversion Table

51.714 Metric conversion table.

    Subpart_United States Standards for Grades of Florida Grapefruit

                                 Grades

51.750 U.S. Fancy.
51.751 U.S. No. 1 Bright.
51.752 U.S. No. 1.
51.753 U.S. No. 1 Golden.
51.754 U.S. No. 1 Bronze.
51.755 U.S. No. 1 Russet.
51.756 U.S. No. 2 Bright.
51.757 U.S. No. 2.
51.758 U.S. No. 2 Russet.
51.759 U.S. No. 3.

                               Tolerances

51.760 Tolerances.

                        Application of Tolerances

51.761 Application of tolerances.

                                  Size

51.762 Size.

                               Definitions

51.763 Similar varietal characteristics.
51.764 Well colored.
51.765 Firm.
51.766 Well formed.
51.767 Mature.
51.768 Smooth texture.
51.769 Injury.
51.770 Discoloration.
51.771 Fairly well colored.
51.772 Fairly smooth texture.
51.773 Damage.
51.774 Fairly firm.
51.775 Slightly misshapen.
51.776 Slightly rough texture.
51.777 Serious damage.
51.778 Slightly colored.
51.779 Poorly colored.
51.780 Misshapen.
51.781 Slightly spongy.
51.782 Very serious damage.
51.783 Diameter.
51.784 Classification of defects.

Subpart_United States Standards for Grades of Table Grapes (European or 
                             Vinifera Type)

                                 Grades

51.880 U.S. Extra Fancy Table.
51.881 U.S. Extra Fancy Export.
51.882 U.S. Fancy Table.
51.883 U.S. Fancy Export.
51.884 U.S. No. 1 Table.
51.885 U.S. No. 1 Institutional.

                               Tolerances

51.886 Tolerances.

                        Application of Tolerances

51.887 Application of tolerances.

[[Page 317]]

                          Maturity Requirements

51.888 Maturity requirements.

                               Definitions

51.889 Well developed grapes.
51.890 One variety.
51.891 Uniform in appearance.
51.892 Color terms.
51.893 Firm.
51.894 Weak.
51.895 Shriveled at capstem.
51.896 Shattered.
51.897 Wet.
51.898 Decay.
51.899 Waterberry.
51.900 Sunburn.
51.901 Damage.
51.902 Fairly well filled.
51.903 Excessively tight.
51.904 Shot berries.
51.905 Dried berries.
51.906 Well developed and strong.
51.907 Diameter.
51.908 Serious damage.
51.909 Materially shriveled at capstem.
51.910 Straggly.
51.911 Container.
51.912 Export.
51.913 Clusters.

                         Metric Conversion Table

51.914 Metric conversion table.

   Subpart_United States Standards for Grades of Florida Oranges and 
                                Tangelos

                                 General

51.1140 General.

                                 Grades

51.1141 U.S. Fancy.
51.1142 U.S. No. 1 Bright.
51.1143 U.S. No. 1.
51.1144 U.S. No. 1 Golden.
51.1145 U.S. No. 1 Bronze.
51.1146 U.S. No. 1 Russet.
51.1147 U.S. No. 2 Bright.
51.1148 U.S. No. 2.
51.1149 U.S. No. 2 Russet.
51.1150 U.S. No. 3.

                               Tolerances

51.1151 Tolerances.

                        Application of Tolerances

51.1152 Application of tolerances.

                                  Size

51.1153 Size.

                               Definitions

51.1154 Similar varietal characteristics.
51.1155 Well colored.
51.1156 Firm.
51.1157 Well formed.
51.1158 Mature.
51.1159 Smooth texture.
51.1160 Injury.
51.1161 Discoloration.
51.1162 Fairly smooth texture.
51.1163 Damage.
51.1164 Fairly well colored.
51.1165 Reasonably well colored.
51.1166 Poorly colored.
51.1167 Fairly firm.
51.1168 Slightly misshapen.
51.1169 Slightly rough texture.
51.1170 Serious damage.
51.1171 Misshapen.
51.1172 Slightly spongy.
51.1173 Very serious damage.
51.1174 Diameter.
51.1175 Classification of defects.

Standards for Internal Quality of Common Sweet Oranges (Citrus Sinensis 
                               (L) Osbeck)

51.1176 U.S. Grade AA Juice (Double A).
51.1177 U.S. Grade A Juice.
51.1178 Maximum anhydrous citric acid permissible for corresponding 
          total soluble solids.
51.1179 Method of juice extraction.

Subpart_United States Standards for Cleaned Virginia Type Peanuts in the 
                                  Shell

                                 Grades

51.1235 U.S. Jumbo Hand Picked.
51.1236 U.S. Fancy Hand Picked.

                              Unclassified

51.1237 Unclassified.

                               Definitions

51.1238 Mature.
51.1239 Pops.
51.1240 Paper ends.
51.1241 Damage.
51.1242 Count per pound.

        Subpart_United States Standards for Summer and Fall Pears

                                 General

51.1260 General.

                                 Grades

51.1261 U.S. No. 1.
51.1262 U.S. Combination.
51.1263 U.S. No. 2.

                              Unclassified

51.1264 Unclassified.

                               Tolerances

51.1265 Tolerances.

[[Page 318]]

                        Application of Tolerances

51.1266 Application of tolerances.

                    Basis for Calculating Percentages

51.1267 Basis for calculating percentages.

                   Condition After Storage or Transit

51.1268 Condition after storage or transit.

                              Standard Pack

51.1269 Sizing.
51.1270 Packing.
51.1271 Tolerances for standard pack.

                               Definitions

51.1272 Mature.
51.1273 Overripe.
51.1274 Carefully hand-picked.
51.1275 Clean.
51.1276 Black end.
51.1277 Fairly well formed.
51.1278 Damage.
51.1279 Seriously misshapen.
51.1280 Serious damage.

            Subpart_United States Standards for Winter Pears

                                 General

51.1300 General.

                                 Grades

51.1301 U.S. Extra No. 1.
51.1302 U.S. No. 1.
51.1303 U.S. Combination.
51.1304 U.S. No. 2.

                              Unclassified

51.1305 Unclassified.

                               Tolerances

51.1306 Tolerances.

                        Application of Tolerances

51.1307 Application of tolerances.

                    Basis for Calculating Percentages

51.1308 Basis for calculating percentages.

                   Condition After Storage or Transit

51.1309 Condition after storage or transit.

                              Standard Pack

51.1310 Sizing.
51.1311 Packing.
51.1312 Tolerances for standard pack.

                               Definitions

51.1313 Mature.
51.1314 Overripe.
51.1315 Carefully hand-picked.
51.1316 Clean.
51.1317 Well formed.
51.1318 Black end.
51.1319 Injury.
51.1320 Fairly well formed.
51.1321 Damage.
51.1322 Seriously misshapen.
51.1323 Serious damage.

          Subpart_United States Standards for Pears for Canning

                                 General

51.1345 General.

                                 Grades

51.1346 U.S. No. 1.
51.1347 U.S. No. 2.

                                  Culls

51.1348 Culls.

                                  Size

51.1349 Size.

                        Application of Standards

51.1350 Application of standards.

                               Definitions

51.1351 Mature.
51.1352 Handpicked.
51.1353 Firm.
51.1354 Well formed.
51.1355 Damage.
51.1356 Pears grown from late blooms.
51.1357 Seriously deformed.
51.1358 Serious damage.
51.1359 Diameter.

    Subpart_United States Standards for Grades of Pecans in the Shell

                                 Grades

51.1400 U.S. No. 1.
51.1401 U.S. No. 2.

                           Size Classification

51.1402 Size classification.

                       Kernel Color Classification

51.1403 Kernel color classification.

                               Tolerances

51.1404 Tolerances.

                        Application of Tolerances

51.1405 Application of tolerances.

                 Sample for Grade or Size Determination

51.1406 Sample for grade or size determination.

                               Definitions

51.1407 Fairly uniform in color.
51.1408 Loose extraneous or foreign material.

[[Page 319]]

51.1409 Well developed.
51.1410 Fairly well developed.
51.1411 Poorly developed.
51.1412 Well cured.
51.1413 Damage.
51.1414 Serious damage.
51.1415 Inedible kernels.

                         Optional Determinations

51.1416 Optional determinations.

      Subpart_United States Standards for Grades of Shelled Pecans

                                 Grades

51.1430 U.S. No. 1 Halves.
51.1431 U.S. No. 1 Halves and Pieces.
51.1432 U.S. No. 1 Pieces.
51.1433 U.S. Commercial Halves.
51.1434 U.S. Commercial Halves and Pieces.
51.1435 U.S. Commercial Pieces.

                          Color Classifications

51.1436 Color classifications.

                          Size Classifications

51.1437 Size classifications for halves.
51.1438 Size classifications for pieces.

                         Tolerances for Defects

51.1439 Tolerances for defects.

                        Application of Standards

51.1440 Application of standards.

                               Definitions

51.1441 Half-kernel.
51.1442 Piece.
51.1443 Particles and dust.
51.1444 Well dried.
51.1445 Fairly well developed.
51.1446 Poorly developed.
51.1447 Fairly uniform in color.
51.1448 Fairly uniform in size.
51.1449 Damage.
51.1450 Serious damage.

                         Metric Conversion Table

51.1451 Metric conversion table.

  Subpart_United States Standards for Grades of Fresh Plums and Prunes

                                 Grades

51.1520 U.S. Fancy.
51.1521 U.S. No. 1.
51.1522 U.S. Combination.
51.1523 U.S. No. 2.
51.1524 [Reserved]

                               Tolerances

51.1525 Tolerances.

                        Application of Tolerances

51.1526 Application of tolerances.

                              Standard Pack

51.1527 Standard pack.

                               Definitions

51.1528 Well formed.
51.1529 Clean.
51.1530 Mature.
51.1531 Sunscald.
51.1532 Damage.
51.1533 Well colored.
51.1534 Fairly well colored.
51.1535 Badly misshapen.
51.1536 Serious damage.
51.1537 Diameter.

                         Metric Conversion Table

51.1538 Metric conversion table.

         Subpart_United States Standards for Grades of Potatoes

                                 Grades

51.1540 [Reserved]
51.1541 U.S. No. 1.
51.1542 U.S. Commercial.
51.1543 U.S. No. 2.

                              Unclassified

51.1544 [Reserved]

                                  Size

51.1545 Size.

                               Tolerances

51.1546 Tolerances.

                        Application of Tolerances

51.1547 Application of tolerances.

                Samples for Grade and Size Determination

51.1548 Samples for grade and size determination.

                                Skinning

51.1549 Skinning.

                               Definitions

51.1550 Similar varietal characteristics.
51.1551 Firm.
51.1552 Clean.
51.1553 Fairly clean.
51.1554 Mature.
51.1555 Fairly well matured.
51.1556 Well shaped.
51.1557 Fairly well shaped.
51.1558 Seriously misshapen.
51.1559 [Reserved]
51.1560 Damage.
51.1561 Serious damage.

[[Page 320]]

51.1562 Freezing.
51.1563 Soft rot or wet breakdown.
51.1564 External defects.
51.1565 Internal defects.

                         Metric Conversion Table

51.1566 Metric conversion table.

          Subpart_United States Consumer Standards for Potatoes

                                 Grades

51.1575 U.S. Grade A Small; U.S. Grade A Medium; U.S. Grade A Medium to 
          Large; U.S. Grade A Large.
51.1576 U.S. Grade B Small; U.S. Grade B Medium; U.S. Grade B Medium to 
          Large; U.S. Grade B Large.

                                  Size

51.1577 Size range requirements.

                                Off-Grade

51.1578 Off-Grade potatoes.

                        Application of Tolerances

51.1579 Application of tolerances to individual containers.

                               Definitions

51.1580 Fairly well shaped.
51.1581 Fairly clean.
51.1582 Soft rot or wet breakdown.
51.1583 Damage.
51.1584 Internal discoloration.
51.1585 Mature.
51.1586 Serious damage.
51.1587 Diameter.

    Subpart_United States Standards for Grades of Florida Tangerines

                                 Grades

51.1810 U.S. Fancy.
51.1811 U.S. No. 1 Bright.
51.1812 U.S. No. 1.
51.1813 U.S. No. 1 Golden.
51.1814 U.S. No. 1 Bronze.
51.1815 U.S. No. 1 Russet.
51.1816 U.S. No. 2 Bright.
51.1817 U.S. No. 2.
51.1818 U.S. No. 2 Russet.
51.1819 U.S. No. 3.

                               Tolerances

51.1820 Tolerances.

                        Application of Tolerances

51.1821 Application of tolerances.

                                  Size

51.1822 Size.

                               Definitions

51.1823 Mature.
51.1824 Firm.
51.1825 Well formed.
51.1826 Damage.
51.1827 Highly colored.
51.1828 Discoloration.
51.1829 Well colored.
51.1830 Fairly well colored.
51.1831 Fairly firm.
51.1832 Fairly well formed.
51.1833 Serious damage.
51.1834 Reasonably well colored.
51.1835 Very serious damage.
51.1836 Diameter.
51.1837 Classification of defects.

           Subpart_United States Standards for Fresh Tomatoes

                                 Grades

51.1855 U.S. No. 1.
51.1856 U.S. Combination.
51.1857 U.S. No. 2.
51.1858 U.S. No. 3.

                                  Size

51.1859 Size.

                          Color Classification

51.1860 Color classification.

                               Tolerances

51.1861 Tolerances.

                        Application of Tolerances

51.1862 Application of tolerances.

                             Standard Weight

51.1863 Standard weight.

                               Definitions

51.1864 Similar varietal characteristics.
51.1865 Mature.
51.1866 Soft.
51.1867 Clean.
51.1868 Well developed.
51.1869 Fairly well formed.
51.1870 Fairly smooth.
51.1871 Damage.
51.1872 Reasonably well formed.
51.1873 Slightly rough.
51.1874 Serious damage.
51.1875 Misshapen.
51.1876 Very serious damage.
51.1877 Classification of defects.

       Subpart_United States Consumer Standards for Fresh Tomatoes

                                 General

51.1900 General.

[[Page 321]]

                                 Grades

51.1901 U.S. Grade A.
51.1902 U.S. Grade B.

                    Size and Maturity Classification

51.1903 Size classification.
51.1904 Maturity classification.

                                Off-Grade

51.1905 Off-Grade tomatoes.

                               Definitions

51.1906 Similar varietal characteristics.
51.1907 Mature.
51.1908 Well developed.
51.1909 Fairly well formed.
51.1910 Fairly smooth.
51.1911 Damaged.
51.1912 Badly misshapen.
51.1913 Serious damage.

   Subpart_United States Standards for Grades of Filberts in the Shell

                                  Grade

51.1995 U.S. No. 1.

                        Application of Standards

51.1996 Application of standards.

                               Definitions

51.1997 Similar type.
51.1998 Dry.
51.1999 Well formed.
51.2000 Clean and bright.
51.2001 Blank.
51.2002 Split shell.
51.2003 Damage.
51.2004 Reasonably well developed.
51.2005 Badly misshapen.
51.2006 Rancidity.
51.2007 Moldy.
51.2008 Insect injury.

                         Metric Conversion Table

51.2009 Metric conversion table.

   Subpart_United States Standards for Grades of Almonds in the Shell

                                 Grades

51.2075 U.S. No. 1.
51.2076 U.S. No. 1 Mixed.
51.2077 U.S. No. 2.
51.2078 U.S. No. 2 Mixed.

                        Application of Tolerances

51.2079 Application of tolerances.

                         Determination of Grade

51.2080 Determination of grade.

                               Definitions

51.2081 Similar varietal characteristics.
51.2082 Loose extraneous and foreign material.
51.2083 Clean.
51.2084 Fairly bright.
51.2085 Fairly uniform color.
51.2086 Well dried.
51.2087 Decay.
51.2088 Rancidity.
51.2089 Damage.
51.2090 Serious damage.
51.2091 Thickness.

      Subpart_United States Standards for Grades of Shelled Almonds

                                 Grades

51.2105 U.S. Fancy.
51.2106 U.S. Extra No. 1.
51.2107 U.S. No. 1.
51.2108 U.S. Select Sheller Run.
51.2109 U.S. Standard Sheller Run.
51.2110 U.S. No. 1 Whole and Broken.
51.2111 U.S. No. 1 Pieces.

                             Mixed Varieties

51.2112 Mixed varieties.

                                  Size

51.2113 Size requirements.
51.2114 Tolerances for size.

                        Application of Tolerances

51.2115 Application of tolerances.

                               Definitions

51.2116 Similar varietal characteristics.
51.2117 Whole.
51.2118 Clean.
51.2119 Well dried.
51.2120 Decay.
51.2121 Rancidity.
51.2122 Insect injury.
51.2123 Foreign material.
51.2124 Doubles.
51.2125 Split or broken kernels.
51.2126 Particles and dust.
51.2127 Injury.
51.2128 Damage.
51.2129 Serious damage.
51.2130 Diameter.
51.2131 Fairly uniform in size.

  Subpart_United States Standards for Shelled English Walnuts (Juglans 
                                 Regia)

                                 General

51.2275 Application.
51.2276 [Reserved]

                                 Grades

51.2277 U. S. No. 1.
51.2278 U. S. Commercial.

                              Unclassified

51.2279 [Reserved]

[[Page 322]]

                      Tolerances for Grade Defects

51.2280 Tolerances for grade defects.

                           Color Requirements

51.2281 Color classifications.
51.2282 Tolerances for color.
51.2283 Off color.

                            Size Requirements

51.2284 Size classification.
51.2285 Tolerances for size.

                        Application of Tolerances

51.2286 Application of tolerances.

                               Definitions

51.2287 Well dried.
51.2288 Clean.
51.2289 Shell.
51.2290 Insect injury.
51.2291 Rancidity.
51.2292 Damage.
51.2293 Serious damage.
51.2294 Very serious damage.
51.2295 Half kernel.
51.2296 Three-fourths half kernel.

         Subpart_United States Standards for Grades of Kiwifruit

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

  Subpart_United States Standards for Grades of Pistachio Nuts in the 
                                  Shell

51.2540 General.
51.2541 U.S. Fancy, U.S. Extra No. 1, U.S. No. 1 and U.S. Select Grades.
51.2542 U.S. Artificially opened.
51.2543 U.S. Non-Split.
51.2544 Tolerances.
51.2545 Application of tolerances.
51.2546 Size.
51.2547 Definitions.
51.2548 Average moisture content determination.
51.2549 Metric conversion table.

  Subpart_United States Standards for Grades of Shelled Pistachio Nuts

51.2555 General.
51.2556 Grades.
51.2557 Tolerances.
51.2558 Application of tolerances.
51.2559 Size classifications.
51.2560 Definitions.
51.2561 Average moisture content.
51.2562 Metric conversion table.

      Subpart_United States Standards for Grades for Sweet Cherries

                                 Grades

51.2646 U.S. No. 1.
51.2647 U.S. Commercial.

                               Tolerances

51.2648 Tolerances.

                        Application of Tolerances

51.2649 Application of tolerances.

                               Definitions

51.2650 Similar varietal characteristics.
51.2651 Mature.
51.2652 Fairly well colored.
51.2653 Well formed.
51.2654 Clean.
51.2655 Damage.
51.2656 Diameter.
51.2657 Serious damage.
51.2658 Permanent defects.
51.2659 Condition defects.

                         Metric Conversion Table

51.2660 Metric conversion table.

     Subpart_United States Standards for Shelled Runner Type Peanuts

                                 Grades

51.2710 U.S. No. 1 Runner.
51.2711 U.S. Runner Splits.
51.2712 U. S. No. 2 Runner.

                        Application of Tolerances

51.2713 Application of tolerances.

                               Definitions

51.2714 Similar vertical characteristics.
51.2715 Whole.
51.2716 Split.
51.2717 Broken.
51.2718 Foreign material.
51.2719 Unshelled.
51.2720 Minor defects.
51.2721 Damage.

   Subpart_United States Standards for Grades of Shelled Spanish Type 
                                 Peanuts

                                 Grades

51.2730 U.S. No. 1 Spanish.
51.2731 U.S. Spanish Splits.
51.2732 U.S. No. 2 Spanish.

                        Application of Tolerances

51.2733 Application of tolerances.

                               Definitions

51.2734 Spanish type.
51.2735 Whole.
51.2736 Split.

[[Page 323]]

51.2737 Broken.
51.2738 Foreign material.
51.2739 Damage.
51.2740 Minor defects.
51.2741 Unshelled.

    Subpart_United States Standards for Shelled Virginia Type Peanuts

                                 Grades

51.2750 U.S. Extra Large Virginia.
51.2751 U.S. Medium Virginia.
51.2752 U.S. No. 1 Virginia.
51.2753 U.S. Virginia Splits.
51.2754 U.S. No. 2 Virginia.

                        Application of Tolerances

51.2755 Application of tolerances.

                               Definitions

51.2756 Similar varietal characteristics.
51.2757 Whole.
51.2758 Split.
51.2759 Broken.
51.2760 Foreign material.
51.2761 Unshelled.
51.2762 Minor defects.
51.2763 Damage.

    Subpart_United States Standards for Grades of Onions (Other Than 
                 Bermuda-Granex-Grano and Creole Types)

                                 Grades

51.2830 U.S. No. 1.
51.2831 U.S. Export No. 1.
51.2832 U.S. Commercial.
51.2833 U.S. No. 1 Boilers.
51.2834 U.S. No. 1 Picklers.
51.2835 U.S. No. 2.

                          Size Classifications

51.2836 Size classifications.

                               Tolerances

51.2837 Tolerances.

                Samples for Grade and Size Determination

51.2838 Samples for grade and size determination.

                        Application of Tolerances

51.2839 Application of tolerances.

                       Export Packing Requirements

51.2840 Export packing requirements.

                               Definitions

51.2841 Mature.
51.2842 Dormant.
51.2843 Fairly firm.
51.2844 Fairly well shaped.
51.2845 Wet sunscald.
51.2846 Doubles.
51.2847 Bottlenecks.
51.2848 Scallions.
51.2849 Damage.
51.2850 Diameter.
51.2851 Badly misshapen.
51.2852 Serious damage.
51.2853 One type.

                         Metric Conversion Table

51.2854 Metric conversion table.

   Subpart_United States Standards for Grades of Walnuts in the Shell

                                 General

51.2945 Application.
51.2946 [Reserved]
51.2947 Method of inspection.

                                 Grades

51.2948 U.S. No. 1.
51.2949 U.S. No. 2.
51.2950 U.S. No. 3.

                              Unclassifield

51.2951 [Reserved]

                           Size Specifications

51.2952 Size specifications.

                     Variety or Type Specifications

51.2953 Variety or type specifications.

                      Tolerances for Grade Defects

51.2954 Tolerances for grade defects.

                        Application of Tolerances

51.2955 Application of tolerances.

                               Definitions

51.2956 Practically clean.
51.2957 Bright.
51.2958 Splits.
51.2959 Injury by discoloration.
51.2960 Damage.
51.2961 Well dried.
51.2962 Decay.
51.2963 Dark discoloration.
51.2964 Rancidity.
51.2965 Fairly clean.
51.2966 Serious damage.

          Subpart_United States Standards for Florida Avocados

                                 Grades

51.3050 U.S. No. 1.
51.3051 U.S. Combination.
51.3052 U.S. No. 2.
51.3053 U.S. No. 3.

                              Unclassified

51.3054 Unclassified.

[[Page 324]]

                              Standard Pack

51.3055 Standard pack.

                        Application of Tolerances

51.3056 Application of tolerances.

                               Definitions

51.3057 Similar varietal characteristics.
51.3058 Mature.
51.3059 Overripe.
51.3060 Well formed.
51.3061 Clean.
51.3062 Well colored.
51.3063 Well trimmed.
51.3064 Damage.
51.3065 Fairly well formed.
51.3066 Fairly well colored.
51.3067 Serious damage.
51.3068 Badly misshapen.
51.3069 Very serious damage.

Subpart_United States Standards for Grades of Bermuda-Granex-Grano Type 
                                 Onions

                                 Grades

51.3195 U.S. No. 1.
51.3196 U.S. Combination.
51.3197 U.S. No. 2.

                          Size Classifications

51.3198 Size classifications.

                               Tolerances

51.3199 Tolerances.

                Samples for Grade and Size Determination

51.3200 Samples for grade and size determination.

                        Application of Tolerances

51.3201 Application of tolerances.

                               Definitions

51.3202 Similar varietal characteristics.
51.3203 Mature.
51.3204 Fairly firm.
51.3205 Fairly well shaped.
51.3206 Wet sunscald.
51.3207 Doubles.
51.3208 Bottlenecks.
51.3209 Damage.
51.3210 Serious damage.
51.3211 Diameter.

                         Metric Conversion Table

51.3212 Metric conversion table.

  Subpart_United States Standards for Grades of Potatoes for Processing

51.3410 Grades.
51.3411 Usable piece.
51.3412 Unusable material.
51.3413 Size.
51.3414 Application of standards.
51.3415 Definitions.
51.3416 Classification of defects.
51.3417 Optional test for specific gravity.
51.3418 Optional test for fry color.

    Authority: 7 U.S.C. 1621-1627.



                         Subpart_Regulations \1\
---------------------------------------------------------------------------

    \1\ None of the requirements in the regulations of this subpart 
shall excuse failure to comply with any Federal, State, county, or 
municipal laws applicable to products covered in the regulations of this 
subpart.

    Source: 32 FR 15066, Nov. 1, 1967, unless otherwise noted. 
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 
46 FR 63203, Dec. 31, 1981.

                             Administrative



Sec.  51.1  Administration of regulations.

    (a) The Administrator, Agricultural Marketing Service, U.S. 
Department of Agriculture, is charged with the administration of the 
regulations in this part, except at his discretion, he may delegate any 
or all such functions to any other officer or employee of the 
Agricultural Marketing Service of the Department.
    (b) The conduct of all services and the hiring and licensing of 
inspection, grading and sampling personnel under these regulations shall 
be accomplished without discrimination as to race, color, religion, sex 
or national origin.

[39 FR 40937, Nov. 22, 1974. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981]

                               Definitions



Sec.  51.2  Terms defined.

    Words in the regulations in this part in the singular form shall be 
deemed to import the plural, and vice versa, as the case may demand. For 
the purposes of the regulations in this part, unless the context 
otherwise requires, the following terms shall have the following 
meanings:
    (a) Act. ``Act'' means the applicable provisions of the Agricultural 
Marketing Act of 1946 (60 Stat. 1087 et seq.) as amended; (7 U.S.C. 1621 
et seq.) or

[[Page 325]]

any other act of Congress conferring like authority.
    (b) Administrator. ``Administrator'' means the Administrator of 
Agricultural Marketing Service.
    (c) Applicant. ``Applicant'' means any interested party who has 
applied for inspection service under the regulations in this part.
    (d) Carlot. ``Carlot''means any number of containers which contain a 
product of the same kind located on or unloaded from the same conveyance 
and available for inspection at the same time and location: Provided, 
That:
    (1) Product of the same carlot shall be considered to be separate 
lots whenever the product differs markedly as to quality and/or 
condition, and such differences are definitely associated with certain 
brands, varieties, sizes or container markings;
    (2) If the applicant requests more than one inspection certificate 
covering portions of the same carlot, the quantity of the carlot covered 
by each certificate shall be considered to be a separate carlot;
    (3) If product of the same carlot is packed in more than one size or 
type container, each such size or type shall be considered to be a 
separate lot.
    (e) Carlot equivalent. ``Carlot equivalent'' shall be the quantity 
of an individual product customarily loaded in common highway trailers.
    (f) Condition. (1) ``Condition'' means the relative degree of 
soundness of a product which may affect its merchantability and includes 
those factors which are subject to change and may result from, but not 
necessarily limited to, age, improper handling, storage or lack of 
refrigeration.
    (2) Examples of condition factors include maturity or stage of 
ripeness; state of freshness, such as crispness, tenderness, or 
toughness; wilting; shriveling or flabbiness; mechanical injuries 
resulting from improper handling after packing; progressive 
pathological, physiological, and virus diseases, including fungal and 
bacterial roots; and freezing damage which may occur in transit or 
storage; or any other factor which may occur, develop, or progress in 
the marketing channels.
    (g) Agricultural Marketing Service. ``Agricultural Marketing 
Service'' means the Agricultural Marketing Service of the Department.
    (h) Department. ``Department'' means the U.S. Department of 
Agriculture.
    (i) Federal-State Inspection Agency. ``Federal-State Inspection 
Agency'' means any State agency, business association or trade 
organization, private firm, or other person or corporation with which 
the Department has entered into a cooperative agreement for inspection 
service.
    (j) Grade. ``Grade'' means a class or rank of quality.
    (k) Inspector. ``Inspector'' means any employee of the Department 
authorized by the Secretary or any other person licensed by the 
Secretary, to investigate, sample, inspect, and certify, in accordance 
with the regulations in this part, to any interested party the quality, 
quantity and/or condition of any fresh product covered in this part, and 
to perform related duties in connection with the inspection service.
    (l) Inspection service. ``Inspection service'' means:
    (1) The Service established and conducted under the regulations in 
this part for the determination and certification or other 
identification as to the grade, the quality and/or condition of fresh 
fruits or vegetables and related products including the condition of 
container.
    (2) Performance by an inspector of any related services such as 
reporting the temperatures of loads or lots of fresh products.
    (3) To observe conditions under which a product is being packed, to 
observe plant sanitation as a prerequisite to inspection of the packed 
product either on a continuous or periodic basis, or checkload the 
inspected product in connection with the marketing of the product.
    (4) The issuance of inspection certificates or reports relating to 
paragraphs (j)(1), (2), and (3) of this section.
    (m) Interested party. ``Interested party'' means any person who has 
a financial interest in the product for which inspection is requested.
    (n) Person. ``Person'' means any individual, partnership, 
association, business trust, corporation, any organized group of persons 
(whether incorporated or not), the United States (including,

[[Page 326]]

but not limited to, any corporate agencies thereof), and any State, 
county, or municipal government, any common carrier, and any authorized 
agent of any of the foregoing.
    (o) Packing plant. ``Packing plant'' means the premises, buildings, 
structures, and equipment including but not limited to, machines, 
utensils, fixtures, employed or used with respect to preparation and 
packing the product.
    (p) Quality. ``Quality'' means the combination of the inherent 
properties or attributes of a product which determines its relative 
degree of excellence.
    (q) Regulations. ``Regulations'' means the regulations in this 
subpart.
    (r) Sample. ``Sample'' means any number of sample units to be used 
for inspection.
    (s) Sample unit. ``Sample unit'' means a container and/or its entire 
contents, a portion of the contents of a container or other unit of a 
commodity, or a composite mixture of a commodity to be used for 
inspection.
    (t) Sampling. ``Sampling'' means the act of selecting samples of a 
commodity for the purpose of inspection under the regulations in this 
part.
    (u) Secretary. ``Secretary'' means the Secretary of Agriculture of 
the United States or any officer or employee of the Agricultural 
Marketing Service to whom authority has heretofore been delegated, or to 
whom authority may hereafter be delegated, to act in his stead.

[32 FR 15066, Nov. 1, 1967. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981; 56 FR 55799, 
Oct. 30, 1991]



Sec.  51.3  Designation of official certificates, memoranda, marks, 
other identifications and devices for purposes of the Agricultural 
Marketing Act.

    Subsection 203(h) of the Agricultural Marketing Act of 1946, as 
amended by Pub. L. 272, 84th Congress, provides criminal penalties for 
various specified offenses relating to official certificates, memoranda, 
marks or other identifications, and devices for making such marks or 
identifications, issued or authorized under section 203 of said act, and 
certain misrepresentations concerning the inspection or grading of 
agricultural products under said section. For the purpose of said 
subsection and the provisions in this part, the terms listed below shall 
have the respective meanings specified:
    (a) Inspection certificate. ``Inspection certificate'' means any 
form of certification, either written or printed, used under this part 
to certify with respect to the inspection, identification, class, grade, 
quality, size, quantity, or condition of products (including the 
compliance of products with applicable specifications).
    (b) Official memorandum. ``Official memorandum'' means any initial 
record of findings made by an authorized person in the process of 
grading, inspecting, or sampling pursuant to this part, any processing 
or plant-operation report made by an authorized person in connection 
with grading, inspecting, or sampling under this part, and any report 
made by an authorized person of services performed pursuant to this 
part.
    (c) Official mark. ``Official mark'' means the grade mark, 
inspection mark, combined form of inspection and grade mark, and any 
other mark, or any variations in such marks, including those prescribed 
in Sec.  51.49, approved by the Administrator and authorized to be 
affixed to any product, or affixed to or printed on the packaging 
material of any product, stating that the product was graded or 
inspected, or both, or indicating the appropriate U.S. grade or 
condition of the product, or for the purpose of maintaining the identity 
of products graded or inspected, or both, under this part.
    (d) Official identification. ``Official identification'' means any 
United States (U.S.) standard designation of class, grade, quality, 
size, quantity, or condition specified in this part or any symbol, 
stamp, label or seal indicating that the product has been graded or 
inspected and/or indicating the class, grade, quality, size, quantity, 
or condition of the product approved by the Administrator and authorized 
to be affixed to any product, or affixed to or printed on the packaging 
material of any product.
    (e) Official device. ``Official device'' means a stamping appliance, 
branding device, stencil, printed label, or any

[[Page 327]]

other mechanically or manually operated tool that is approved by the 
Administrator for the purpose of applying any official mark or other 
identification to any product or the packaging material thereof; or any 
device approved and designated by the Administrator as a USDA official 
device for use as a color standard, defect guide, or other similar aid 
to interpret the U.S. Department of Agriculture grade standards and to 
facilitate conduct of the Inspection Service.

                           Inspection Service



Sec.  51.4  Where inspection service is offered.

    Products will be inspected at appropriate points indicated in 
paragraphs (a), (b), and (c) of this section whenever inspectors are 
available.
    (a) Shipping points. Inspection service is available in all areas 
covered by cooperative agreements entered into on behalf of the 
Department with Cooperating Federal-State Inspection Agencies providing 
for this inspection work pursuant to authority contained in any Act of 
Congress, or may be provided in any other area which is not covered by a 
cooperative agreement if the Administrator determines that it is 
practicable to provide inspection service.
    (b) Destination markets. Inspection is available in all central 
markets in which an inspection office is located.
    (c) Other destination points. Inspection may be made at any point 
which may be conveniently reached from any terminal market in which an 
inspection office is located to the extent inspection personnel is 
available.
    (d) Addresses of offices. Any prospective applicant may obtain an 
up-to-date list of inspection offices by addressing an inquiry to Fresh 
Products Standardization and Inspection Branch, Fruit and Vegetable 
Division, Agricultural Marketing Service, U.S. Department of 
Agriculture, Washington, D.C. 20250.



Sec.  51.5  Who may obtain inspection service.

    An application for inspection service may be made by any interested 
party including, but not limited to, the United States and any 
instrumentality or agency thereof, any State, county, municipality, or 
common carrier, and any authorized agent in behalf of the foregoing.



Sec.  51.6  How to make application.

    An application for inspection service may be filed in an office of 
inspection at any market referred to in Sec.  51.4 (b), (c), or (d) or 
with any inspector. It may be made in writing, orally, electronically, 
or by telephone. If made orally or by telephone, the inspector may 
require that it be confirmed by the applicant in writing or 
electronically. An application may be made for one or more lots, or it 
may be in the nature of a blanket application for inspection of all 
designated lots of a given commodity within a particular period, or for 
all designated lots loaded or received at a specified point.

[81 FR 93572, Dec. 21, 2016]



Sec.  51.7  Form of application.

    Each application for inspection service shall state (a) the name and 
address of the applicant and the name and capacity of the person, if 
any, making the application in his behalf; (b) the name and address of 
the shipper; (c) the kind and quantity of the products involved; (d) the 
interest of the applicant therein; (e) the identification of the 
products by (1) grade, brand, or other marks, if practicable, (2) car 
number of carrier or number of truck or name of boat, if practicable, 
and (3) the name and location of the store, warehouse, or other place 
where the products are located; (f) the particular quality or condition 
concerning which inspection is requested, to which may be added the time 
and place at which it is desired that the inspection be made; (g) when 
the lot is to be inspected in a receiving market, the name and address 
of the receiver; (h) the name of the shipping point and of the 
destination, when known; and (i) such other information as may be 
necessary for identification of the product, or as may be required by 
the inspector or the Administrator.



Sec.  51.8  Filing of application.

    An application shall be regarded as filed only when made at the 
office of inspection nearest the place where the

[[Page 328]]

commodity is located. A record showing the date and time of filing shall 
be made and kept in such office.



Sec.  51.9  When application may be rejected.

    An application may be rejected by the inspector in charge of the 
appropriate office of inspection if the applicant objects to the 
inspector cutting an adequate number of specimens to determine the 
interior quality or condition of the product to be inspected, or for 
failure of the applicant (a) to observe the regulations of this part, 
(b) to furnish necessary information or to make the commodity reasonably 
available or accessible for inspection, (c) to pay for previous 
inspection services rendered, or (d) when it appears that to perform the 
inspection and certification service would not be to the best interest 
of the Government. Such applicant shall be notified promptly of the 
reason for such rejection.



Sec.  51.10  When application may be withdrawn.

    An application may be withdrawn by the applicant at any time before 
the inspection is performed: Provided, That the applicant shall pay any 
travel expenses, telephone, telegraph, or other expenses which have been 
incurred by the Inspection Service in connection with such application.



Sec.  51.11  Authority to request inspection.

    Proof of the interest of an applicant in the product involved, or of 
the authority of any person applying for inspection in behalf of another 
may be required, at the discretion of the inspector.



Sec.  51.12  Accessibility of products.

    The applicant shall cause the products for which inspection is 
requested to be made reasonably accessible for sampling or inspection 
and to be so placed as to disclose their quality or condition. Samples 
of the products drawn for examination shall be inspected only under such 
conditions as, in the opinion of the inspector, will permit a true and 
correct determination to be made of their quality or condition.



Sec.  51.13  Basis of service.

    Inspection and certification service for quality and/or condition 
shall be based upon the appropriate standards promulgated by the U.S. 
Department of Agriculture, applicable standards prescribed by the laws 
of the State where the particular product was produced, specifications 
of any governmental agency, written buyer and seller contract 
specifications, or any written specification by an applicant which is 
approved by the Administrator: Provided, That if such product is 
regulated pursuant to the Agricultural Marketing Agreement Act of 1937, 
as amended (7 U.S.C. 601 et seq.), or the comparable laws of any State, 
such inspection and certification shall be on the basis of the 
standards, if any, prescribed in, or pursuant to, the marketing order 
and/or agreement effective thereunder.



Sec.  51.14  Order of inspection service.

    Inspection service shall be performed, insofar as practicable, in 
the order of which applications are received, except that precedence 
shall be given (a) to the inspection of lots involved in complaints 
filed pursuant to the Perishable Agricultural Commodities Act, 1930 
(U.S.C. 449a et seq.), and (b) to appeal inspections. Precedence may 
also be given to applications made on behalf of the Federal or State 
Government.



Sec.  51.15  Financial interest of inspector.

    No inspector shall inspect any product in which he is directly or 
indirectly financially interested.



Sec.  51.16  Postponing inspection service.

    If the inspector has reason to believe that, because of latent 
defects due to climatic or other conditions, he is unable to determine 
the true quality or condition of the product, he shall postpone 
examination for such period as may, in his judgment, be reasonably 
necessary to enable him to determine its true quality or condition. 
Inspection shall also be postponed by the inspector, unless otherwise 
directed by the applicant, if in his judgment examination of the product 
when exposed to

[[Page 329]]

low temperatures may result in damage to the product.



Sec.  51.17  Official sampling.

    Samples may be officially drawn by any duly authorized inspector and 
delivered, or shipped, for analysis and certification to the nearest 
designated market or to such market as shall be directed by the 
Administrator. The container in which such samples are delivered, or 
shipped, shall contain a statement, signed by the inspector who drew the 
samples, showing the time and place of the sampling and the brands or 
other identifying marks of the containers from which the samples were 
drawn. The certificate based on such samples shall show the time and 
place of drawing the samples, and the name of the inspector by whom they 
were drawn.



Sec.  51.18  Certificate forms.

    Certificates shall be issued on forms approved by the Administrator.



Sec.  51.19  Issuance of certificates.

    (a)(1) A separate certificate shall be issued for each lot 
inspected, except that when an application covers more than one lot a 
single certificate may be issued to cover all such lots. The person 
signing and issuing the certificate shall be one of the following:
    (i) The inspector who performed the inspection;
    (ii) An inspector designated by the Administrator as the ``inspector 
in charge,'' when the certificate represents composite inspection of 
several persons;
    (iii) Another employee of the Inspection Service who has been 
authorized by the Administrator to act in a supervisory capacity; or
    (iv) With the approval of the administrator, the signature of the 
person performing the inspection or that of an employee of the 
Inspection Service who has been authorized to act in a supervisory 
capacity may be affixed by computer to an official certificate.
    (2) Provided, That in all cases the inspection certificate shall be 
prepared in accordance with the official memoranda of the inspector or 
inspectors who performed the inspection.
    (b) When the inspection is made for the purpose of determining 
whether food products for use by the applicant comply with contract 
specifications therefor, a formal certificate need not be issued, but 
the fact of such compliance or noncompliance may be indicated by 
affixing an appropriate stamp or mark on such products or the containers 
thereof, at the discretion of the inspector.

[35 FR 13571, Aug. 26, 1970. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981; 51 FR 8478, Mar. 
12, 1986; 84 FR 8590, Mar. 11, 2019]



Sec.  51.20  Issuance of corrected certificates.

    A corrected inspection certificate may be issued by the inspector 
who issued the original certificate after distribution of a certificate 
if errors, such as incorrect dates, grade statements, lot or car 
numbers, identification marks, types of containers, sizes, weights, 
quantities, or errors in any other pertinent information require the 
issuance of a corrected certificate. Whenever a corrected certificate is 
issued, such certificate shall supersede the inspection certificate 
which was issued in error and the superseded certificate shall become 
null and void after the issuance of the corrected certificate.



Sec.  51.21  Disposition of inspection certificates.

    (a) The original certificate, and not to exceed four copies (if 
requested by applicant prior to issuance), shall be delivered or mailed 
promptly to the applicant or to a person designated by him. One copy 
shall be delivered or mailed to the shipper of the inspected product. 
One copy shall be filed in the office of the inspector when the 
inspection is made by a Federal Government employee, otherwise, it shall 
be filed in the appropriate office of the cooperating Federal-State 
Inspection Agency. Unless otherwise directed by the Administrator, two 
copies of each official certificate issued on products received in 
destination markets shall be forwarded to the Administrator to be kept 
on file in Washington and no copies of official certificates issued at 
shipping point need be so forwarded. In the case

[[Page 330]]

of any product covered by a marketing agreement and/or order effective 
pursuant to the Agricultural Marketing Agreement Act of 1937, as amended 
(7 U.S.C. 601 et seq.), at least one copy of each certificate covering 
the inspection of such product shall, on request, be delivered to the 
administrative agency established thereunder, subject to such terms and 
conditions as the Administrator may prescribe. Copies may be furnished 
to other interested parties as outlined in Sec.  51.41.
    (b) [Reserved]

[63 FR 15277, Mar. 31, 1998]



Sec.  51.22  Disposition of samples.

    If it is necessary to take samples of the product to the inspection 
office for further examination, the inspector, after completion of 
inspection of such samples shall dispose of them or any usable portion 
as follows: (a) Ascertain from the applicant if the owner wants the 
samples returned to him at his expense, (b) if he does not want them 
returned at his expense, give them to a nonsectarian charitable 
organization or, (c) if they have a substantial monetary value, sell 
them and remit the proceeds to the Agricultural Marketing Service, U.S. 
Department of Agriculture, Washington, D.C. 20250, or if applicable, to 
the cooperating State Agency. Such proceeds shall be deposited to the 
credit of the Inspection Trust Fund, Federal or cooperating agency, 
whichever is applicable.



Sec.  51.23  Report of inspection results prior to issuance of formal report.

    Upon request of an applicant, all or any part of the contents of a 
certificate covering an inspection requested by him may be telegraphed 
or telephoned to him, or to any person designated by him, at his 
expense. If the application for such information is received after the 
certificate has been issued, it will be considered as an application for 
an extra copy of the certificate, and the fees prescribed in Sec.  51.41 
shall apply.

                            Appeal Inspection



Sec.  51.24  When appeal inspection may be requested.

    An application for appeal inspection may be made by any financially 
interested person who is dissatisfied with the results of an inspection 
as stated in an inspection certificate, if the lot can be positively 
identified by the Inspection Service as the lot which was previously 
inspected.



Sec.  51.25  Where to file for an appeal inspection and information required.

    An appeal inspection may be obtained by the applicant, or other 
person financially interested in the product, by filing a request (a) 
with the Inspection Office nearest the point where the product is 
located, or (b) with the inspector who made the original inspection, or 
(c) with any district supervisory inspection office, or (d) with the 
Administrator. The application for the appeal inspection shall state the 
reasons therefor, and shall be accompanied by a copy of any previous 
inspection certificate or inspection report, and any other information 
which the applicant received regarding the quality or condition of the 
product at the time of the original inspection. Such application may be 
made orally (in person or by telephone), in writing, or by telegraph. If 
made orally, written confirmation shall be made promptly.



Sec.  51.26  Record of filing time.

    A record showing the date and time of filing an application for 
appeal inspection shall be made promptly by the receiving office.



Sec.  51.27  When appeal inspection may be refused.

    An application for an appeal inspection may be refused if: (a) The 
reasons for the appeal inspection are frivolous or not substantial; (b) 
the quality or condition of the product has undergone a material change 
since the inspection covering the product on which the appeal inspection 
is requested; (c) the lot in question is not, or cannot be, made 
accessible for the inspection; (d) the lot relative to which appeal 
inspection is requested cannot be identified positively by the inspector 
as the lot which was previously inspected; or (e) there is noncompliance 
with the regulations in this part. Such an applicant shall be notified 
promptly of the reason for refusal.

[[Page 331]]



Sec.  51.28  When an application for an appeal inspection may be withdrawn.

    An application for appeal inspection may be withdrawn by the 
applicant at any time before the appeal inspection is performed: 
Provided, That the applicant shall pay any travel expenses, telephone, 
telegraph or other expenses which have been incurred by the Inspection 
Service in connection with such application.



Sec.  51.29  Order in which made.

    Appeal inspections shall be made, as soon as practicable, following 
the time requested by the applicant and in the order in which 
applications are received. They shall take precedence over all other 
pending applications, except applications for inspections covering lots 
involved in complaints filed pursuant to the Perishable Agricultural 
Commodities Act, 1930 as amended (7 U.S.C. 499a et seq.).



Sec.  51.30  Who shall perform appeal inspections.

    Appeal inspections shall be performed by an inspector or inspectors 
authorized for this purpose by the Administrator and whenever practical, 
such appeal inspections shall be made by two inspectors.



Sec.  51.31  Appeal inspection certificate.

    After an appeal inspection has been completed, an appeal inspection 
certificate shall be issued showing the results of such appeal 
inspection; and such certificate shall supersede the inspection 
certificate previously issued for the product involved. Each appeal 
inspection certificate shall clearly identify the number and date of the 
inspection certificate which it supersedes. The superseded certificate 
shall become null and void upon the issuance of the appeal inspection 
certificate and shall no longer represent the quality described therein. 
The inspector or inspectors issuing an appeal inspection certificate 
shall sign the certificate and forward notice of such issuance to such 
persons as considered necessary to prevent misuse of the superseded 
certificate if the original and all copies of such superseded 
certificate have not previously been delivered to the inspector or 
inspectors issuing the appeal inspection certificate. The provisions in 
the regulations in this part concerning forms of certificates and 
issuance of certificates, shall apply to appeal inspection certificates, 
except that copies of such appeal inspection certificates shall be 
furnished all interested parties who receive copies of the superseded 
certificate.

                         Licensing of Inspectors



Sec.  51.32  Who may be licensed.

    Persons who are employed by a cooperative Federal-State Inspection 
Agency and possess adequate qualifications, as determined by such 
examinations as the Administrator may consider to be appropriate, may be 
licensed as inspectors of products which may be inspected under the 
regulations in this part. Such license shall bear the printed signature 
of the Secretary and shall be countersigned by an authorized employee of 
the Department. A licensed inspector shall perform his duties pursuant 
to the regulations in this subpart as directed by the Administrator.



Sec.  51.33  Application to become a licensed inspector.

    Application to become a licensed inspector shall be made to the 
Administrator on forms furnished for that purpose. Each such application 
shall be filled in and signed by the applicant in his own handwriting, 
and the application shall contain or be accompanied by:
    (a) A statement of present address, age, height, and weight of the 
applicant;
    (b) A statement showing education and present and previous 
occupations, together with names of all employers for whom he has worked 
with periods of service, during the last 5 years previous to the date of 
his application;
    (c) A statement by the applicant that he agrees to comply with all 
terms and conditions of the regulations in this part relating to the 
duties of inspectors; and
    (d) Such other information as may be required by the Administrator.

[[Page 332]]



Sec.  51.34  Suspension or revocation of license of a licensed inspector.

    Pending final action by the Secretary, the Administrator may, 
whenever he deems such action necessary, suspend the license of any 
licensed inspector issued pursuant to the regulations in this part by 
giving notice of such suspension to the respective licensee, accompanied 
by a statement of the reasons therefor. Within 10 days after the receipt 
of the aforesaid notice and statement of the reasons by such licensee, 
he may file an appeal, in writing, with the Secretary, supported by any 
argument or evidence that he may wish to offer as to why his license 
should not be suspended or revoked. After the expiration of the 
aforesaid 10-day period and consideration of such argument and evidence, 
the Secretary will take such action as he deems appropriate with respect 
to such suspension or revocation. When no appeal is filed within the 
prescribed 10 days, the license shall be automatically revoked.



Sec.  51.35  Surrender of license.

    Upon termination of his services as a licensed inspector, or 
suspension or revocation of his license, a licensee shall surrender his 
license immediately to the office of inspection serving the area in 
which he is located. These same provisions shall apply in case of an 
expired license.



Sec.  51.36  Expiration and renewal of license.

    An inspector's license issued pursuant to the regulations in this 
subpart shall expire on December 31 of each year in which it is issued. 
The license of an inspector may be renewed by the issuance of a new 
license and the renewal shall subject the inspector to the terms and 
conditions of the regulations of this subpart.

[37 FR 11313, June 7, 1972. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981]

           Schedule of Fees and Charges at Destination Markets



Sec.  51.37  Charges for fees, rates, and expenses.

    For each carlot of product inspected, a fee or rate determined in 
accordance with Sec. Sec.  51.38 and 51.39, and expenses determined in 
accordance with Sec.  51.40, shall be paid by the applicant.

[56 FR 55800, Oct. 30, 1991]



Sec.  51.38  Basis for fees and rates.

    (a) For each calendar year, AMS will calculate the rate for 
services, per hour per program employee using the following formulas:
    (1) Regular rate. The total AMS inspection program personnel direct 
pay divided by direct hours, which is then multiplied by the next year's 
percentage of cost of living increase, plus the benefits rate, plus the 
operating rate, plus the allowance for bad debt rate. If applicable, 
travel expenses may also be added to the cost of providing the service.
    (2) Overtime rate. The total AMS inspection program personnel direct 
pay divided by direct hours, which is then multiplied by the next year's 
percentage of cost of living increase and then multiplied by 1.5 plus 
the benefits rate, plus the operating rate, plus an allowance for bad 
debt. If applicable, travel expenses may also be added to the cost of 
providing the service.
    (3) Holiday rate. The total AMS inspection program personnel direct 
pay divided by direct hours which is then multiplied by the next year's 
percentage of cost of living increase and then multiplied by 2, plus 
benefits rate, plus the operating rate, plus an allowance for bad debt. 
If applicable, travel expenses may also be added to the cost of 
providing the service.
    (b)(1) For each calendar year, based on previous fiscal year/
historical actual costs, AMS will calculate the benefits, operating, and 
allowance for bad debt components of the regular, overtime and holiday 
rates as follows:
    (i) Benefits rate. The total AMS inspection program direct benefits 
costs divided by the total hours (regular, overtime, and holiday) 
worked, which is then multiplied by the next calendar year's percentage 
cost of living increase. Some examples of direct benefits are health 
insurance, retirement, life insurance, and Thrift Savings Plan (TSP) 
retirement basic and matching contributions.

[[Page 333]]

    (ii) Operating rate. The total AMS inspection program operating 
costs divided by total hours (regular, overtime, and holiday) worked, 
which is then multiplied by the percentage of inflation.
    (iii) Allowance for bad debt rate. Total allowance for bad debt 
divided by total hours (regular, overtime, and holiday) worked.
    (2) The calendar year cost of living expenses and percentage of 
inflation factors used in the formulas in this section are based on the 
most recent Office of Management and Budget's Presidential Economic 
Assumptions.
    (c) When an inspection is delayed because product is not available 
or readily accessible, a charge for waiting time shall be determined 
using the formulas in this section.

[79 FR 67320, Nov. 13, 2014]



Sec.  51.39  Fees for appeal inspections.

    The fee to be charged to an applicant, including any Government 
agency, for appeal inspections on all products shall be at the same rate 
as those set forth in this part, except that when a material error is 
found in the determination of the original inspection, no fee will be 
charged.

[56 FR 55800, Oct. 30, 1991]



Sec.  51.40  Traveling and other expenses.

    Costs including travel incurred by the Agricultural Marketing 
Service in providing inspection service or appeal inspections may be 
charged to the applicant, including any Government agency. These charges 
shall be included with the fee for inspection on the bill furnished the 
applicant.

[56 FR 55800, Oct. 30, 1991]



Sec.  51.41  Fees for additional copies of inspection certificates.

    Additional copies of any inspection certificate other than those 
copies provided for in Sec.  51.21, or copies of official memoranda, may 
be mailed, faxed, or otherwise provided to any interested party upon 
payment of a fee of $5.00 for each copy.

[56 FR 55800, Oct. 30, 1991]



Sec.  51.42  Charges for inspection services on a contract basis.

    Irrespective of fees and charges prescribed in the foregoing 
sections, the Administrator may enter into contracts with applicants to 
perform inspection services pursuant to the regulations in this part and 
other requirements as prescribed by the Administrator in such contract, 
and the charges for such inspection services provided for in such 
contracts shall be on such basis as will reimburse the Agricultural 
Marketing Service of the Department for the full cost of conducting such 
inspection service, including an appropriate overhead charge to cover as 
nearly as practicable administrative overhead expenses, as may be 
determined by the Administrator.



Sec.  51.43  How fees shall be paid.

    Fees shall be paid by the applicant in accordance with the 
directions on the fee bill furnished him by the billing office, and in 
advance, if required by the inspector.



Sec.  51.44  Disposition of fees.

    (a) The fees collected for services rendered shall be disposed of as 
follows:
    (1) Fees for inspections made by inspectors acting exclusively for 
the Agricultural Marketing Service shall be remitted promptly to the 
Agricultural Marketing Service.
    (2) Fees for inspections made by an inspector acting under a 
cooperative agreement with a State or other organization shall be 
disposed of in accordance with the terms of such agreement. Such portion 
of the fees collected under a cooperative agreement with a State or 
other cooperating bodies as may be due the United States shall be 
remitted to the Agricultural Marketing Service.
    (b) Fees and charges collected pursuant to Sec. Sec.  51.40 to 51.41 
shall be remitted to the Agricultural Marketing Service.
    (c) Fees and charges collected pursuant to Sec.  51.42 shall be 
disposed of in accordance with the terms of the contract.

[[Page 334]]

          Schedule of Fees and Charges at Shipping Point Areas



Sec.  51.45  Fees and charges at shipping point areas.

    Fees for inspection performed under cooperative agreements pursuant 
to authority contained in any Act of Congress shall be those provided by 
such agreements.

                              Miscellaneous



Sec.  51.46  Denial of inspection service.

    Any or all benefits of the act may be denied any person for any of 
the following reasons: (a) Any willful misrepresentation or deceptive or 
fraudulent practice made or committed by any person in connection with 
the making or filing of an application for inspection service; (b) any 
fradulent or unauthorized use, alteration, or imitation of any 
certificate issued pursuant to the regulations in this subpart; (c) any 
interference with or obstruction of any inspector or official sampler in 
the performance of his duties, by intimidation, threat, assault or any 
other improper means; or (d) any willful violation of the regulations in 
this subpart may be deemed sufficient cause for debarring the person 
found guilty thereof from any or all benefits of the acts, after notice 
and opportunity for hearing has been accorded him. The Rules of Practice 
Governing Formal Adjudicatory Proceedings Instituted by the Secretary 
Under Various Statutes set forth in Sec. Sec.  1.130 through 1.151 of 
this title and the Supplemental Rules of Practice in part 50 of this 
chapter shall govern proceedings conducted pursuant to this section.

[32 FR 15066, Nov. 1, 1967. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981, and amended at 
60 FR 8464, Feb. 14, 1995]



Sec.  51.47  Political activity.

    All inspectors are forbidden, during the period of their respective 
appointments or while holding a valid inspectors' license to take an 
active part in political campaigns and a violation by a licensee shall 
constitute grounds for revocation of his license. All Federal employees 
are subject to the applicable provisions of the Department's 
administrative regulations relating to political activity.



Sec.  51.48  Inspector's identification.

    Each inspector shall have in his possession at all times, and 
present upon request, while on duty, the means of identification 
furnished by the Department to such person.



Sec.  51.49  Approved identifications.

    (a) Grade marks. The approved shield mark with the appropriate U.S. 
grade designation may be used on containers, labels or otherwise 
indicated on the package when: (1) The product has been packed under 
continuous inspection as provided by the Inspection Service, (2) the 
plant in which the product is packed is maintained under good commercial 
sanitary practices, and (3) the product has been certified by an 
inspector as meeting the requirements of U.S. Grade A, U.S. Grade No. 1, 
or a higher U.S. grade as shown within the shield. The shields with 
approved grade designation for use shall be similar in form and design 
to the examples in figures 1 and 2 of this section.
[GRAPHIC] [TIFF OMITTED] TC02SE91.039

[GRAPHIC] [TIFF OMITTED] TC02SE91.040

    (b) Inspection legends. The approved continuous inspection legends 
may be used on containers, labels or otherwise indicated on the package 
when: (1) The

[[Page 335]]

product has been packed under continuous inspection provided by the 
Inspection Service, (2) the plant in which the product is packed is 
maintained under good commercial sanitary practices, and (3) the product 
meets the requirements of such quality, grade, or specification as may 
be approved by the Administrator. The continuous inspection legends 
approved for use shall be similar in form and design to the examples in 
figures 3 and 4.
[GRAPHIC] [TIFF OMITTED] TC02SE91.041

[GRAPHIC] [TIFF OMITTED] TC02SE91.042

    (c) Combined grade and inspection legends. The grade marks set forth 
in paragraph (a) of this section and illustrated by figures 1 and 2 of 
this section and the inspection legends set forth in paragraph (b) of 
this section and illustrated by figures 3 and 4 of paragraph (b) of this 
section may be combined into a consolidated grade and inspection legend 
for use on products which meet the requirements of both of these 
paragraphs. See figure 5.
[GRAPHIC] [TIFF OMITTED] TC02SE91.043

    (d) Packer identification. The packer's name and address or assigned 
code number or other mark identifying the packer as may be approved by 
the Administrator, shall appear on any container bearing grade marks or 
inspection legends approved under paragraph (a), (b), or (c) of this 
section, as illustrated by the example in figure 6.
[GRAPHIC] [TIFF OMITTED] TC02SE91.044

    (e) Other identification marks. Products may be inspected on a lot 
inspection basis as provided in this part and identified by an official 
inspection

[[Page 336]]

mark similar in form and design to figure 7 of this paragraph. The use 
of this mark or other comparable identification marks may be required by 
the Administrator whenever he determines that such identification is 
necessary in order to maintain the identity of lots which have been 
inspected and certified.
[GRAPHIC] [TIFF OMITTED] TC02SE91.045


[38 FR 7448, Mar. 22, 1973. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981]



Sec.  51.50  Custody of official inspection marking devices.

    All official inspection marking devices as shown in figure 6 of 
Sec.  51.49 shall be kept in the custody of the Agricultural Marketing 
Service and accurate records shall be kept of these devices. Each 
inspection office shall keep a record of the devices assigned to it. 
Such devices shall be distributed only to authorized employees of the 
Department who shall keep the devices in their official possession or 
control at all times and keep complete records of such devices.



Sec.  51.51  Prohibited uses of approved identification.

    No label or advertising material used on, or in conjunction with any 
product, shall bear a brand name, trademark, product name or any other 
descriptive material that incorporates, resembles, simulates, or alludes 
to any official U.S. Department of Agriculture grade mark, grade 
statement, continuous inspection legend, sampling mark or sampling 
statement, or combination of one or more thereof.



Sec.  51.52  Licensing and identification of certain official devices.

    The Administrator may issue licenses permitting the manufacture, 
identification, distribution, and sale of any official device designated 
as a USDA color standard, defect guide or other similar aid under such 
terms and conditions as may be specified by the Administrator. Licenses 
shall be available to all persons meeting conditions prescribed by the 
Administrator, shall be nonexclusive, and shall be revocable for cause. 
No person shall manufacture, identify, distribute or sell any such 
official device except at the direction of or under license from the 
Administrator. Such official devices may be marked, tagged or otherwise 
designated with the prefix ``USDA'' together with other identifying 
words or symbols, as prescribed by the license.

   Requirements for Plants Operating Under Continuous Inspection on a 
                             Contract Basis



Sec.  51.53  Continuous inspections.

    Continuous inspection service which is associated with the use of 
the approved shield showing the U.S. grade, the approved continuous 
inspection legend, or both, on the container may be furnished whenever 
inspectors are available, the facilities and conditions are satisfactory 
for the conduct of the service, and there is a signed contract between 
the applicant and the Department or a cooperative Federal-State 
Inspection Agency in which it is agreed that such service will be 
conducted subject to regulations governing the inspection and 
certification of fresh fruits, vegetables, and other products, contained 
in this part and any additional and supplemental instructions issued by 
the Department or such instructions issued by a cooperating agency which 
are not inconsistent with those issued by the Department.



Sec.  51.54  Plant survey.

    Prior to the inauguration of continuous Federal or Federal-State 
Inspection Service on a contract basis, the Administrator will make or 
cause to be made a survey and inspection where such service is to be 
performed to determine whether the premises, plant

[[Page 337]]

and facilities are suitable and adequate for the performance of such 
service in accordance with the regulations in this part, including, but 
not limited to requirements contained in Sec. Sec.  51.54 through 51.59.



Sec.  51.55  Premises.

    The premises shall be free from conditions objectionable to packing 
operations, including, but not limited to litter, waste and refuse 
within the immediate vicinity of the plant buildings, excessively dusty 
roads, yards or parking lots, and poorly drained areas.



Sec.  51.56  Buildings and structures.

    The packing plant buildings shall be properly constructed and 
maintained in a sanitary condition, including, but not limited to the 
following requirements:
    (a) There shall be sufficient light consistent with the use to which 
the particular portion of the building is devoted and to permit 
efficient cleaning. The grading belts and bins shall be provided with 
sufficient proper nonglaring light to insure adequacy of grading and 
inspection operations;
    (b) If the product is washed there shall be ample supply of water of 
a safe and sanitary quality with adequate facilities for its 
distribution throughout the plant and washing machinery;
    (c) There shall also be an efficient waste disposal and plumbing 
system maintained in good repair;
    (d) Each room in which the product is graded or stored shall be 
designed and constructed as to insure operating conditions of a clean 
and orderly character and shall be maintained in a clean and sanitary 
manner; and,
    (e) Every practical precaution shall be taken to exclude dogs, cats, 
rodents and other vermin from the rooms in which the products are to be 
graded or stored.



Sec.  51.57  Facilities.

    Each packing plant shall be equipped with adequate sanitary 
facilities and accommodations, including but not being limited to the 
following:
    (a) There shall be a sufficient number of adequately lighted toilet 
rooms, ample in size and conveniently located. Toilet rooms shall be 
adequately screened and equipped with self-closing doors, and shall have 
independent outside ventilation;
    (b) Adequate lavatory accommodations and supplies shall be placed at 
such locations in or near toilet rooms as to insure the cleanliness of 
each person who grades or handles the product to be inspected; and
    (c) Suitable facilities for cleaning shall be provided at convenient 
locations in the plant.



Sec.  51.58  Equipment.

    All equipment used for receiving, washing, grading, packaging or 
storing shall be of such design, material and construction that it may 
be kept clean.



Sec.  51.59  Operations and operating procedures.

    (a) The inspector shall refuse to permit the use of the official 
shield with grade mark or continuous inspection legend on packages if 
the produce is from a field or orchard having a disease or other 
condition which may not be apparent on individual specimens at packing 
time but which may cause the product to materially decrease in quality 
after packing.
    (b) All products which are certified shall be subjected to 
continuous inspection throughout the packing operations.
    (c) The inspectors are available for consultation purposes but shall 
not become involved in plant operations.
    (d) The Inspection Service will not be responsible for damages 
occurring through any act of commission or omission on the part of its 
inspectors when engaged in rendering continuous inspection service; for 
packing errors or misbranding of products; or for failure to supply 
enough inspectors during any period of service provided under the 
contract.
    (e) The applicant for continuous inspection shall:
    (1) Conform to all applicable regulations under which the continuous 
inspection service is conducted.
    (2) Use only raw material which has been handled or stored under 
conditions which insures its suitability for packing; maintain the plant 
designated herein in such sanitary condition and to employ such methods 
of handling

[[Page 338]]

raw materials for packing as may be necessary to conform to the sanitary 
requirements prescribed in this part.
    (3) Not permit any of his marks or labels or buyers' and 
distributors' marks or labels applied by him on which reference is made 
to continuous inspection to be used on any product not packed under this 
continuous inspection service; or permit any of his marks or labels or 
buyers' and distributors' marks or labels applied by him on which 
reference is made to any U.S. Grade to be used on any product which does 
not meet the requirements of such grade; or to supply labels bearing 
reference to continuous inspection service to another plant unless the 
products to which such labels are to be applied have been packed under 
continuous inspection.
    (4) Furnish any reports of packaging and output of products 
inspected, as may be requested by the inspection agencies.
    (5) Make available to inspectors adequate office space in the 
designated plant and furnish suitable desks and office equipment for the 
proper care of inspection records.
    (6) Make his laboratory or other facilities and necessary equipment 
available for the use of inspectors in making inspection of samples.
    (7) Furnish if required, such stenographic and clerical assistance 
as may be necessary in the typing of certificates and reports and the 
handling of official correspondence, as well as the labor incident to 
drawing of samples and facilitating adequate inspection procedure when 
necessary.
    (8) Submit to the Chief of the Fresh Products Standardization and 
Inspection Branch, Fruit and Vegetable Division, Agricultural Marketing 
Service, for approval prior to printing, drawings or printers' proofs of 
each packer's or distributor's label bearing or referring in any manner 
to official inspection legends or grade marks.
    (9) Not make deceptive, fraudulent, or unauthorized use in his 
advertising, or otherwise, of the continuous inspection service, the 
inspection certificates or reports issued, or the containers on which 
the shield of the Department is identified, in connection with the sale 
of any of the packaged products; and to submit to the Agricultural 
Marketing Service through the inspector assigned to the plant or other 
representative of the Inspection Service, for approval to use any 
proposed advertising in which reference is made to the Inspection 
Service.

[32 FR 15066, Nov. 1, 1967, as amended at 38 FR 7448, Mar. 22, 1973. 
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 
46 FR 63203, Dec. 31, 1981]



Sec.  51.60  Termination of contracts.

    In case the applicant wishes to terminate the contract he agrees 
either to continue the service until all unused containers, labels and 
advertising material on hand or in the possession of his supplier 
bearing the Department shield, or reference to continuous inspection 
service have been used, or to destroy such containers, labels and 
advertising material, or to obliterate the Department shield and all 
other reference to the continuous inspection service on said containers, 
labels, and advertising material, or otherwise furnish assurance 
satisfactory to the Agricultural Marketing Service that such containers, 
labels and advertising material will not be used in violation of the 
terms and conditions of this agreement. In case the continuous 
inspection service is terminated for cause by the Agricultural Marketing 
Service, the applicant agrees to destroy all unused containers, labels 
and advertising material on hand bearing the Department shield, or 
reference to continuous inspection service, or to obliterate the 
Department shield, and all reference to the continuous inspection 
service on said containers, labels and advertising material or otherwise 
furnish assurance satisfactory to the Agricultural Marketing Service 
that such containers, labels and advertising material will not be used 
in violation of the terms and conditions of the agreement.



Sec.  51.61  Congressional interest in contracts.

    No member of, or delegate to Congress, or Resident Commissioner, 
shall be admitted to any share or part of any contract provided for in 
the regulations in this subpart or to any benefit that may arise 
therefrom, but this provision shall not be construed to extend

[[Page 339]]

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.



Sec.  51.62  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

    The information collection requirements contained in this part have 
been approved by the Office of Management and Budget (OMB) under the 
provisions of 44 U.S.C. Chapter 35 and have been assigned OMB Control 
No. 0581-0125.

(44 U.S.C. Chap. 35)

[49 FR 23826, June 8, 1984]



          Subpart_United States Standards for Grades of Apples

    Source: 67 FR 69663, Nov. 19, 2002, unless otherwise noted.

                                 Grades



Sec.  51.300  U.S. Extra Fancy.

    ``U.S. Extra Fancy'' consists of apples of one variety (except when 
more than one variety is printed on the container) which are mature but 
not overripe, clean, fairly well formed, free from decay, internal 
browning, internal breakdown, soft scald, scab, freezing injury, visible 
watercore, and broken skins. The apples are also free from injury caused 
by bruises, brown surface discoloration, smooth net-like russeting, 
sunburn or sprayburn, limb rubs, hail, drought spots, scars, disease, 
insects, or other means. The apples are free from damage caused by 
bitter pit or Jonathan spot and by smooth solid, slightly rough or rough 
russeting, or stem or calyx cracks, as well as damage by invisible 
watercore after January 31st of the year following the year of 
production except for the Fuji variety of apples. Invisible watercore 
and smooth net-like russeting shall not be scored against the Fuji 
variety of apples under any circumstances. For the apple varieties 
listed in table 1 of Sec.  51.305, each apple of this grade has the 
amount of color specified for the variety. (See Sec. Sec.  51.305 and 
51.306.)

[84 FR 51941, Oct. 1, 2019]



Sec.  51.301  U.S. Fancy.

    ``U.S. Fancy'' consists of apples of one variety (except when more 
than one variety is printed on the container) which are mature but not 
overripe, clean, fairly well formed, and free from decay, internal 
browning, internal breakdown, soft scald, freezing injury, visible 
watercore, and broken skins. The apples are also free from damage caused 
by bruises, brown surface discoloration, russeting, sunburn or 
sprayburn, limb rubs, hail, drought spots, scars, stem or calyx cracks, 
disease, insects, bitter pit, Jonathan spot, or damage by other means, 
or invisible watercore after January 31st of the year following the year 
of production, except for the Fuji variety of apples. Invisible 
watercore and smooth net-like russeting shall not be scored against the 
Fuji variety of apples under any circumstances. For the apple varieties 
listed in table 1 of Sec.  51.305, each apple of this grade has the 
amount of color specified for the variety. (See Sec. Sec.  51.305 and 
51.306.)

[84 FR 51941, Oct. 1, 2019]



Sec.  51.302  U.S. No. 1.

    ``U.S. No. 1'' consists of apples which meet the requirements of 
U.S. Fancy grade except for color, russeting, and invisible water core. 
In this grade, less color is required for all varieties listed in table 
1 of Sec.  51.305. Apples of this grade are free from excessive damage 
caused by russeting which means that apples meet the russeting 
requirements for U.S. Fancy as defined under the definitions of ``damage 
by russeting,'' except the aggregate area of an apple which may be 
covered by smooth net-like russeting shall not exceed 25 percent; and 
the aggregate area of an apple which may be covered by smooth solid 
russeting shall not exceed 10 percent: Provided, That, in the case of 
the Yellow Newtown or similar varieties, the aggregate area of an apple 
which may be covered with smooth solid russeting shall not exceed 20 
percent; and that smooth net-like russeting

[[Page 340]]

shall not be scored against the Fuji variety under any circumstances. 
Each apple of this grade has the amount of color specified in Sec.  
51.305 for the variety. Invisible watercore shall not be scored in this 
grade. (See Sec. Sec.  51.305 and 51.306.)
    (a) U.S. No. 1 Hail: ``U.S. No. 1 Hail'' consists of apples which 
meet the requirements of U.S. No. 1 grade except that hail marks where 
the skin has not been broken and well healed hail marks where the skin 
has been broken, are permitted, provided the apples are fairly well 
formed. (See Sec. Sec.  51.305 and 51.306.)
    (b) [Reserved]

[67 FR 69663, Nov. 19, 2002, as amended at 84 FR 51941, Oct. 1, 2019]



Sec.  51.303  U.S. Utility.

    ``U.S. Utility'' consists of apples of one variety (except when more 
than one variety is printed on the container) which are mature but not 
overripe, not seriously deformed and free from decay, internal browning, 
internal breakdown, soft scald, and freezing injury. The apples are also 
free from serious damage caused by dirt or other foreign matter, broken 
skins, bruises, brown surface discoloration, russeting, sunburn or 
sprayburn, limb rubs, hail, drought spots, scars, stem or calyx cracks, 
visible water core, bitter pit or Jonathan spot, disease, insects, or 
other means. (See Sec.  51.306.)



Sec.  51.304  Combination grades.

    (a) Combinations of the above grades may be used as follows:
    (1) Combination U.S. Extra Fancy and U.S. Fancy;
    (2) Combination U.S. Fancy and U.S. No. 1; and
    (3) Combination U.S. No. 1 and U.S. Utility.
    (b) Combinations other than these are not permitted in connection 
with the U.S. apple grades. When Combination grades are packed, at least 
50 percent of the apples in any lot shall meet the requirements of the 
higher grade in the combination. (See Sec.  51.306.)

                           Color Requirements



Sec.  51.305  Color requirements.

    (a) In addition to the requirements specified for the grades set 
forth in Sec. Sec.  51.300 through 51.304, apples of these grades shall 
have the percentage of color specified for the variety in table 1 of 
this section. All apple varieties other than those appearing in table 1 
of this section shall have no color requirements pertaining to these 
grades. For the solid red varieties, the percentage stated refers to the 
area of the surface which must be covered with a good shade of solid red 
characteristic of the variety: Provided, That an apple having color of a 
lighter shade of solid red or striped red than that considered as a good 
shade of red characteristic of the variety may be admitted to a grade, 
provided it has sufficient additional area covered so that the apple has 
as good an appearance as one with the minimum percentage of good red 
characteristic of the variety required for the grade. For the striped 
red varieties, the percentage stated refers to the area of the surface 
in which the stripes of a good shade of red characteristic of the 
variety shall predominate over stripes of lighter red, green, or yellow. 
However, an apple having color of a lighter shade than that considered 
as a good shade of red characteristic of the variety may be admitted to 
a grade, provided it has sufficient additional area covered so that the 
apple has as good an appearance as one with the minimum percentage of 
stripes of a good red characteristic of the variety required for the 
grade. Faded brown stripes shall not be considered as color.
    (b) Color standards USDA Visual Aid APL-CC-1 (Plates a-e) consists 
of a folder containing the color requirements for apples set forth in 
paragraph (a) of this section and five plates illustrating minimum good 
shade of solid red or striped red color, minimum compensating color and 
shade not considered color, for the following 12 varieties: Red 
Delicious, Red Rome, Empire, Idared, Winesap, Jonathan, Stayman, 
McIntosh, Cortland, Rome Beauty, Delicious, and York. The color 
standards are available for purchase at http://www.ams.usda.gov.

[[Page 341]]



                               Table 1 \1\
  [Only the varieties listed below shall be required to meet a minimum
                           color requirement]
------------------------------------------------------------------------
                                    U.S. extra
             Variety                  fancy      U.S. fancy   U.S. No. 1
                                    (Percent)    (Percent)    (Percent)
------------------------------------------------------------------------
Red Delicious....................           66           40           25
Red Rome.........................           66           40           25
Empire...........................           66           40           25
Idared...........................           66           40           25
Winesap..........................           66           40           25
Jonathan.........................           66           40           25
Stayman..........................           50           33           25
McIntosh.........................           50           33           25
Cortland.........................           50           33           25
Rome Beauty......................           50           33           25
Delicious........................           50           33           25
York.............................           50           33          25
------------------------------------------------------------------------
\1\ Variations on varietal designations listed above must meet or exceed
  those color requirements listed.


[67 FR 69663, Nov. 19, 2002, as amended at 84 FR 51941, Oct. 1, 2019]

                               Tolerances



Sec.  51.306  Tolerances.

    In order to allow for variations incident to proper grading and 
handling in each of the grades in 51.300, 51.301, 51.302, 51.303, and 
51.304 the following tolerances are provided as specified:
    (a) Defects: (1) U.S. Extra Fancy, U.S. Fancy, U.S. No. 1, and U.S. 
No. 1 Hail grades: 10 percent of the apples in any lot may fail to meet 
the requirements of the grade, but not more than one-half of this 
amount, or 5 percent, shall be allowed for apples which are seriously 
damaged, including therein not more than 1 percent for apples affected 
by decay or internal breakdown.
    (2) U.S. Utility grade: 10 percent of the apples in any lot may fail 
to meet the requirements of the grade, but not more than one-half of 
this amount, or 5 percent, shall be allowed for apples which are 
seriously damaged by insects, and including in the total tolerance not 
more than 1 percent for apples affected by decay or internal breakdown.
    (b) When applying the foregoing tolerances to Combination grades, no 
part of any tolerance shall be allowed to reduce, for the lot as a 
whole, the 50 percent of apples of the higher grade required in the 
combination, but individual containers shall have not less than 40 
percent of the higher grade.
    (c) Size: When size is designated by the numerical count for a 
container, not more than 10 percent of packages in the lot may fail to 
be fairly uniform. \1\ When size is designated by minimum or maximum 
diameter, not more than 5 percent of the apples in any lot may be 
smaller than the designated minimum, and not more than 10 percent may be 
larger than the designated maximum. For Red Delicious or Golden 
Delicious varieties only, a combination of minimum diameter and/or 
weight may be used. When this designation is used, an individual apple 
will be considered to have met the minimum size requirement even if the 
apple is smaller than the minimum diameter, provided it is equal to or 
greater than the weight provided in table II of this section. However, 
not more than 5 percent of the apples in any lot may fail to meet either 
the minimum diameter or minimum weight when so designated. In addition, 
when Red Delicious or Golden Delicious apples are designated with 
diameter/weight combinations, they may only be designated according to 
the following table:
---------------------------------------------------------------------------

    \1\ ``Fairly uniform'' means the size of the fruit within the 
container does not vary more than \1/2\ inch diameter from the smallest 
to largest fruit.

                                Table II
------------------------------------------------------------------------
               Red delicious                      Golden delicious
------------------------------------------------------------------------
2\1/8\ inches or 65 grams.................  63 grams
2\1/4\ inches or 75 grams.................  70 grams
2\3/8\ inches or 84 grams.................  82 grams
2\1/2\ inches or 100 grams................  95 grams
2\5/8\ inches or 115 grams................  109 grams
2\3/4\ inches or 139 grams................  134 grams
------------------------------------------------------------------------

                        Application of Tolerances



Sec.  51.307  Application of tolerances.

    The contents of individual packages in the lot, are subject to the 
following limitations: Provided, That the averages for the entire lot 
are within the tolerances specified for the grade:
    (a) Packages which contain more than 10 pounds:
    (1) Shall have not more than one and one-half times a specified 
tolerance of 10 percent or more and not more than double a tolerance of 
less than 10 percent, except that at least one apple which is seriously 
damaged by insects

[[Page 342]]

or affected by decay or internal breakdown may be permitted in any 
package.
    (2) [Reserved]
    (b) Packages which contain 10 pounds or less:
    (1) No package may have more than 3 times the tolerance specified, 
except that at least three defective apples may be permitted in any 
package: Provided, That not more than three apples or more than 18 
percent (whichever is the larger amount) may be seriously damaged by 
insects or affected by decay or internal breakdown.
    (2) [Reserved]

           Methods of Sampling and Calculation of Percentages



Sec.  51.308  Methods of sampling and calculation of percentages.

    (a) When the numerical count is marked on the container, containers 
are packed to weigh ten pounds or less, or in any container where the 
minimum diameter of the smallest apple does not vary more than \1/2\ 
inch from the minimum diameter of the largest apple, percentages shall 
be calculated on the basis of count.
    (b) In all other cases except those listed in paragraph (a) of this 
section, they shall be calculated on the basis of weight.

                   Condition After Storage or Transit



Sec.  51.309  Condition after storage or transit.

    Decay, scald, or any other deterioration which may have developed on 
apples after they have been in storage or transit shall be considered as 
affecting condition and not the grade.

                          Packing Requirements



Sec.  51.310  Packing requirements.

    (a) Apples tray packed or cell packed in cartons shall be arranged 
according to approved and recognized methods. Packs shall be at least 
fairly tight \2\ or fairly well filled. \3\
---------------------------------------------------------------------------

    \2\ ``Fairly tight'' means that apples are of the proper size for 
molds or cell compartments in which they are packed, and that molds or 
cells are filled in such a way that no more than slight movement of 
apples within molds or cells is possible.
    \3\ ``Fairly well filled'' means that the net weight of apples in 
containers ranging from 2,100 to 2,900 cubic inch capacity is not less 
than 37 pounds for Cortland, Gravenstein, Jonathan, McIntosh and Golden 
Delicious varieties and not less than 40 pounds for all other varieties.
---------------------------------------------------------------------------

    (b) Closed cartons containing apples not tray or cell packed shall 
be fairly well filled or the pack shall be sufficiently tight to prevent 
any appreciable movement of the apples.
    (c) Packs in wooden boxes or baskets shall be sufficiently tight to 
prevent any appreciable movement of apples within containers when the 
packages are closed. Each wrapped apple shall be completely enclosed by 
its individual wrapper.
    (d) Apples on the shown face of any container shall be reasonably 
representative in size, color and quality of the contents.
    (e) Tolerances: In order to allow for variations incident to proper 
packing, not more than 10 percent of the containers in any lot may fail 
to meet these requirements.

                          Marking Requirements



Sec.  51.311  Marking requirements.

    Variety (or varieties if more than one is packed in the container), 
grade, and the numerical count or minimum diameter of apples packed in a 
closed container shall be indicated on the container. For apple lots 
utilizing the combined diameter/weight designations for Red Delicious 
and Golden Delicious varieties, the minimum diameter and minimum weight 
of apples packed in a closed container shall be indicated on the 
container.
    (a) When the numerical count is not shown, the minimum diameter or, 
in the case of Red Delicious or Golden Delicious lots where minimum 
diameter/weight designations have been chosen, the minimum diameter and 
weight as designated in table II, shall be plainly stamped, stenciled or 
otherwise

[[Page 343]]

marked on the container in terms of whole inches, or whole inches and 
not less than eighth inch fractions thereof in the following manner: 
``A'' inches or ``B'' grams, where ``A'' corresponds to one of the 
diameter measurements in terms of inches listed in table II and ``B'' 
corresponds to the weight measurement in grams as indicated in table II. 
Both diameter and weight must be shown using the word ``or'' between the 
given measurements.
    (b) The word ``minimum,'' or its abbreviation, when following a 
diameter size marking, means that the apples are of the size marked or 
larger. (See Sec. Sec.  51.306 and 51.307.)

                               Definitions



Sec.  51.312  Mature.

    ``Mature'' means that the apples have reached the stage of 
development which will insure the proper completion of the ripening 
process. Before a mature apple becomes overripe it will show varying 
degrees of firmness, depending upon the stage of the ripening process. 
The following terms are used for describing different stages of firmness 
of apples:
    (a) ``Hard'' means apples with a tenacious flesh and starchy flavor.
    (b) ``Firm'' means apples with a tenacious flesh but which are 
becoming crisp with a slightly starchy flavor, except the Delicious 
variety.
    (c) ``Firm ripe'' means apples with crisp flesh except that the 
flesh of the Gano, Ben Davis, and Rome Beauty varieties may be slightly 
mealy.
    (d) ``Ripe'' means apples with mealy flesh and soon to become soft 
for the variety.



Sec.  51.313  Overripe.

    ``Overripe'' means apples which have progressed beyond the stage of 
ripe, with flesh very mealy or soft, and past commercial utility.



Sec.  51.314  Clean.

    ``Clean'' means that the apples are free from excessive dirt, dust, 
spray residue, and other foreign material.



Sec.  51.315  Fairly well formed.

    ``Fairly well formed'' means that the apple may be slightly abnormal 
in shape but not to an extent which detracts materially from its 
appearance.



Sec.  51.316  Injury.

    ``Injury'' means any specific defect defined in this section or an 
equally objectionable variation of any one of these defects, any other 
defect, or any combination of defects, which more than slightly detract 
from the appearance or the edible or shipping quality of the apple. In 
addition, specific defect measurements are based on an apple three 
inches in diameter. Corresponding smaller or larger areas would be 
allowed on smaller or larger fruit. Any reference to ``inch'' or 
``inches in diameter'' refers to that of a circle of the specified 
diameter. Any reference to ``aggregate area,'' ``total area,'' or 
``aggregate affected area'' means the gathering together of separate 
areas into one mass for the purpose of comparison to determine the 
extent affected. The following specific defects shall be considered as 
injury:
    (a) Russeting in the stem cavity or calyx basin which cannot be seen 
when the apple is placed stem end or calyx end down on a flat surface 
shall not be considered in determining whether an apple is injured by 
russeting. Smooth net-like russeting outside of the stem cavity or calyx 
basin shall be considered as injury when an aggregate area of more than 
10 percent of the surface is covered, and the color of the russeting 
shows no very pronounced contrast with the background color of the 
apple, or lesser amounts of more conspicuous net-like russeting when the 
appearance is affected to a greater extent than the amount permitted 
above.
    (b) Sunburn or sprayburn, when the discolored area does not blend 
into the normal color of the fruit.
    (c) Dark brown or black limb rubs which affect a total area of more 
than one-fourth inch in diameter, except that light brown limb rubs of a 
russet character shall be considered under the definition of injury by 
russeting.
    (d) Hail marks, drought spots, other similar depressions or scars:
    (1) When the skin is broken, whether healed or unhealed;
    (2) When there is appreciable discoloration of the surface;

[[Page 344]]

    (3) When any surface indentation exceeds one-sixteenth inch in 
depth;
    (4) When any surface indentation exceeds one-eighth inch in 
diameter; or
    (5) When the aggregate affected area of such spots exceeds one-half 
inch in diameter.
    (e) Bruises which are not slight and incident to proper handling and 
packing, and which are greater than:
    (1) \1/8\ inch in depth;
    (2) \5/8\ inch in diameter;
    (3) any combination of lesser bruises which detract from the 
appearance or edible quality of the apple to an extent greater than any 
one bruise described in paragraphs (e)(1) or (2) of this section.
    (f) Brown surface discoloration when caused by delayed sunburn, 
surface scald, or any other means and affects an area greater than \1/4\ 
inch in diameter.
    (g) Disease: (1) Cedar rust infection which affects a total area of 
more than three-sixteenths inch in diameter.
    (2) Sooty blotch or fly speck which is thinly scattered over more 
than 5 percent of the surface, or dark, heavily concentrated spots which 
affect an area of more than one-fourth inch in diameter.
    (3) Red skin spots which are thinly scattered over more than one-
tenth of the surface, or dark, heavily concentrated spots which affect 
an area of more than one-fourth inch in diameter.
    (h) Insects: (1) Any healed sting or healed stings which affect a 
total area of more than one-eighth inch in diameter including any 
encircling discolored rings.
    (2) Worm holes.

[67 FR 69663, Nov. 19, 2002; 67 FR 79516, Dec. 30, 2002]



Sec.  51.317  Damage.

    ``Damage'' means any specific defect defined in this section or an 
equally objectionable variation of any one of these defects, any other 
defect, or any combination of defects, which materially detract from the 
appearance, or the edible or shipping quality of the apple. In addition, 
specific defect measurements are based on an apple three inches in 
diameter. Corresponding smaller or larger areas would be allowed on 
smaller or larger fruit. Any reference to ``inch'' or ``inches in 
diameter'' refers to that of a circle of the specified diameter. Any 
reference to ``aggregate area,'' ``total area,'' or ``aggregate affected 
area'' means the gathering together of separate areas into one mass for 
the purpose of comparison to determine the extent affected. The 
following specific defects shall be considered as damage:
    (a) Russeting in the stem cavity or calyx basin which cannot be seen 
when the apple is placed stem end or calyx end down on a flat surface 
shall not be considered in determining whether an apple is damaged by 
russeting, except that excessively rough or bark-like russeting in the 
stem cavity or calyx basin shall be considered as damage when the 
appearance of the apple is materially affected. The following types and 
amounts of russeting outside of the stem cavity or calyx basin shall be 
considered as damage:
    (1) Russeting which is excessively rough on Roxbury Russet and other 
similar varieties.
    (2) Smooth net-like russeting, when an aggregate area of more than 
15 percent of the surface is covered, and the color of the russeting 
shows no very pronounced contrast with the background color of the 
apple, or lesser amounts of more conspicuous net-like russeting when the 
appearance is affected to a greater extent than the amount permitted 
above.
    (3) Smooth solid russeting, when an aggregate area of more than 5 
percent of the surface is covered, and the pattern and color of the 
russeting shows no very pronounced contrast with the background color of 
the apple, or lesser amounts of more conspicuous solid russeting when 
the appearance is affected to a greater extent than the above amount 
permitted.
    (4) Slightly rough russeting which covers an aggregate area of more 
than one-half inch in diameter.
    (5) Rough russeting which covers an aggregate area of more than one-
fourth inch in diameter.
    (b) Sunburn or sprayburn which has caused blistering or cracking of 
the skin, or when the discolored area does not blend into the normal 
color of the fruit unless the injury can be classed as russeting.

[[Page 345]]

    (c) Limb rubs which affect a total area of more than one-half inch 
in diameter, except that light brown limb rubs of a russet character 
shall be considered under the definition of damage by russeting.
    (d) Hail marks, drought spots, other similar depressions, or scars:
    (1) When any unhealed mark is present;
    (2) When any surface indentation exceeds one-eighth inch in depth;
    (3) When the skin has not been broken and the aggregate affected 
area exceeds one-half inch in diameter; or
    (4) When the skin has been broken and well healed, and the aggregate 
affected area exceeds one-fourth inch in diameter.
    (e) Stem or calyx cracks which are not well healed, or well healed 
stem or calyx cracks which exceed an aggregate length of one-fourth 
inch.
    (f) Invisible water core existing around the core and extending to 
water core in the vascular bundles, or surrounding the vascular bundles 
when the affected areas surrounding three or more vascular bundles meet 
or coalesce, or existing in more than a slight degree outside the 
circular area formed by the vascular bundles. Provided, That invisible 
water core shall not be scored as damage against the Fuji variety of 
apples under any circumstances.
    (g) Bruises which are not slight and incident to proper handling and 
packing, and which are greater than:
    (1) \3/16\ inch in depth;
    (2) \7/8\ inch in diameter;
    (3) any combination of lesser bruises which detract from the 
appearance or edible quality of the apple to an extent greater than any 
one bruise described in paragraphs (g)(1) or (2) of this section.
    (h) Brown surface discoloration when caused by delayed sunburn, 
surface scald, or any other means and affects an area greater than \1/2\ 
inch in diameter.
    (i) Disease: (1) Scab spots which affect a total area of more than 
one-fourth inch in diameter.
    (2) Cedar rust infection which affects a total area of more than 
one-fourth inch in diameter.
    (3) Sooty blotch or fly speck which is thinly scattered over more 
than one-tenth of the surface, or dark, heavily concentrated spots which 
affect an area of more than one-half inch in diameter.
    (4) Red skin spots which are thinly scattered over more than one-
tenth of the surface, or dark, heavily concentrated spots which affect 
an area of more than one-half inch in diameter.
    (5) Bitter pit or Jonathan spot when one or more spots affects the 
surface of the apple.
    (j) Insects: (1) Any healed sting or healed stings which affect a 
total area of more than three-sixteenths inch in diameter including any 
encircling discolored rings.
    (2) Worm holes.

[67 FR 69663, Nov. 19, 2002; 67 FR 79517, Dec. 30, 2002]



Sec.  51.318  Serious damage.

    ``Serious damage'' means any specific defect defined in this 
section; or an equally objectionable variation of any one of these 
defects, any other defect, or any combination of defects which seriously 
detract from the appearance, or the edible or shipping quality of the 
apple. In addition, specific defect measurements are based on an apple 
three inches in diameter. Corresponding smaller or larger areas would be 
allowed on smaller or larger fruit. Any reference to ``inch'' or 
``inches in diameter'' refers to that of a circle of the specified 
diameter. Any reference to ``aggregate area,'' ``total area,'' or 
``aggregate affected area'' means the gathering together of separate 
areas into one mass for the purpose of comparison to determine the 
extent affected. The following specific defects shall be considered as 
serious damage:
    (a) The following types and amounts of russeting shall be considered 
as serious damage:
    (1) Smooth solid russeting, when more than one-half of the surface 
in the aggregate is covered, including any russeting in the stem cavity 
or calyx basin, or slightly rough, or excessively rough or bark-like 
russeting, which detracts from the appearance of the fruit to a greater 
extent than the amount of smooth solid russeting permitted: Provided, 
That any amount of russeting shall be permitted on Roxbury Russet and 
other similar varieties.

[[Page 346]]

    (2) [Reserved]
    (b) Sunburn or sprayburn which seriously detracts from the 
appearance of the fruit.
    (c) Limb rubs which affect more than one-tenth of the surface in the 
aggregate.
    (d) Hail marks, drought spots, or scars, if they materially deform 
or disfigure the fruit, or if such defects affect more than one-tenth of 
the surface in the aggregate: Provided, That no hail marks which are 
unhealed shall be permitted and not more than an aggregate area of one-
half inch shall be allowed for well healed hail marks where the skin has 
been broken.
    (e) Stem or calyx cracks which are not well healed, or well healed 
stem or calyx cracks which exceed an aggregate length of one-half inch.
    (f) Visible water core which affects an area of more than one-half 
inch in diameter.
    (g) Disease: (1) Scab spots which affect a total area of more than 
three-fourths inch in diameter.
    (2) Cedar rust infection which affects a total area of more than 
three-fourths inch in diameter.
    (3) Sooty blotch or fly speck which affects more than one-third of 
the surface.
    (4) Red skin spots which affect more than one-third of the surface.
    (5) Bitter pit or Jonathan spot which is thinly scattered over more 
than one-tenth of the surface.
    (h) Insects: (1) Healed stings which affect a total area of more 
than one-fourth inch in diameter including any encircling discolored 
rings.
    (2) Worm holes.
    (i) Bruises which are not slight and incident to proper handling and 
packing, and which are greater than:
    (1) \3/8\ inch in depth;
    (2) 1\1/8\ inches in diameter;
    (3) any combination of lesser bruises which detract from the 
appearance or edible quality of the apple to an extent greater than any 
one bruise described in paragraph (i)(1) or (2) of this section.
    (j) Brown surface discoloration when caused by delayed sunburn, 
surface scald, or any other means and affects an area greater than \3/4\ 
inch in diameter.



Sec.  51.319  Seriously deformed.

    ``Seriously deformed'' means that the apple is so badly misshapen 
that its appearance is seriously affected.



Sec.  51.320  Diameter.

    When measuring for minimum size, ``diameter'' means the greatest 
dimension of the apple measured at right angles to a line from stem to 
blossom end. When measuring for maximum size, ``diameter'' means the 
smallest dimension of the apple determined by passing the apple through 
a round opening in any position.

                   U.S. Condition Standards for Export



Sec.  51.321  U.S. Condition Standards for Export. \4\
---------------------------------------------------------------------------

    \4\ These standards may be applied to domestic shipments of apples 
as well as export lots, and may be referred to as ``U.S. Condition 
Standards.''
---------------------------------------------------------------------------

    (a) Not more than 5 percent of the apples in any lot shall be 
further advanced in maturity than firm ripe.
    (b) Not more than 5 percent of the apples in any lot shall be 
damaged by storage scab.
    (c) Not more than a total of 5 percent of the apples in any lot 
shall be affected by scald, internal breakdown, freezing injury, or 
decay; or damaged by bitter pit, Jonathan spot, water core \5\ except 
that invisible water core shall not be scored as damage when these 
condition standards are applied to the Fuji variety of apples, or other 
condition factors: Provided, That:
---------------------------------------------------------------------------

    \5\ ``Damage by water core'' means externally invisible water core 
existing around the core and extending to water core in the vascular 
bundles, or surrounding the vascular bundles when the affected areas 
surrounding three or more vascular bundles meet or coalesce, or existing 
in more than slight degree outside the circular area formed by the 
vascular bundles, or any externally visible water core.
---------------------------------------------------------------------------

    (1) Not more than a total of 2 percent shall be allowed for apples 
affected by decay and soft scald;
    (2) Not more than 2 percent shall be allowed for apples affected by 
internal breakdown;
    (d) Container packs shall comply with packing requirements specified 
in

[[Page 347]]

Sec.  51.310 of the United States Standards for Grades of Apples.
    (e) Any lot of apples shall be considered as meeting the U.S. 
Condition Standards for Export if the entire lot averages within the 
requirements specified: Provided, That no package in any lot shall have 
more than double the percentages specified, except that for packages 
which contain 10 pounds or less, individual packages in any lot may have 
not more than three times the tolerance or three apples (whichever is 
the greater amount).

                         Metric Conversion Table



Sec.  51.322  Metric conversion table.

------------------------------------------------------------------------
                                                            Millimeters
                         Inches                                (mm)
------------------------------------------------------------------------
\1/16\ equals...........................................             1.6
\1/8\ equals............................................             3.2
\3/16\ equals...........................................             4.8
\1/4\ equals............................................             6.4
\3/8\ equals............................................             9.5
\1/2\ equals............................................            12.7
\5/8\ equals............................................            15.9
\3/4\ equals............................................            19.1
\7/8\ equals............................................            22.2
1\1/8\ equals...........................................            28.6
2\1/8\ equals...........................................            54.0
2\1/4\ equals...........................................            57.2
2\3/8\ equals...........................................            60.3
2\1/2\ equals...........................................            63.5
2\3/4\ equals...........................................            69.9
------------------------------------------------------------------------


------------------------------------------------------------------------
                                                               Cubic
                      Cubic Inches                          Centimeters
                                                               (cc)
------------------------------------------------------------------------
2100 equals.............................................        34,412.7
2900 equals.............................................        47,522.3
------------------------------------------------------------------------


------------------------------------------------------------------------
                         Pounds                              Grams (g)
------------------------------------------------------------------------
10 equals...............................................         4,536.0
37 equals...............................................        16,783.2
40 equals...............................................        18,144.0
------------------------------------------------------------------------



   Subpart_United States Standards for Grades of Apples for Processing

    Source: 26 FR 3604, Apr. 27, 1961, unless otherwise noted. 
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 
46 FR 63203, Dec. 31, 1981.

                                 Grades



Sec.  51.340  U.S. No. 1.

    ``U.S. No. 1'' consists of apples of one variety, unless designated 
as mixed varieties, which are not overripe, which are free from decay, 
worm holes, freezing injury and internal breakdown and free from any 
other defect, or combination of defects, the removal of which in the 
usual commercial preparation for use will cause a loss of more than 5 
percent, by weight, of the apple.



Sec.  51.341  U.S. No. 2.

    ``U.S. No. 2'' consists of apples of one variety, unless designated 
as mixed varieties, which are not overripe, which are free from decay, 
worm holes, freezing injury and internal breakdown and free from any 
other defect, or combination of defects, the removal of which in the 
usual commercial preparation for use will cause a loss of more than 12 
percent, by weight, of the apple.



Sec.  51.342  U.S. Cider.

    ``U.S. Cider'' consists of apples which are free from decay, worm 
holes and internal breakdown.

                                  Culls



Sec.  51.343  Culls.

    ``Culls'' consist of apples which fail to meet the requirements of 
U.S. Cider Grade.

                                  Size



Sec.  51.344  Size.

    (a) The minimum and maximum sizes or range of sizes shall be 
determined as agreed upon by buyer and seller.
    (b) Unless otherwise specified, the minimum and maximum sizes or 
range of sizes shall be determined by the use of an approved sizing 
chain of the exact dimension specified in the agreement between buyer 
and seller.
    (c) Size is the dimension of the apples determined by the smallest 
opening through which it will pass.

                        Application of Standards



Sec.  51.345  Application of standards.

    (a) When a lot of apples is required to meet a specific U.S. grade, 
the tolerances as set forth in Sec.  51.346 shall apply. When packed in 
closed packages the application of tolerances in Sec.  51.347 shall 
apply. The application of tolerances shall not apply to apples in open 
or bulk containers.

[[Page 348]]

    (b) In the application of these standards to determine the 
percentage of the lot which meets the requirements of each of the 
grades, tolerances shall not apply.

                               Tolerances



Sec.  51.346  Tolerances.

    When a lot of apples is required to meet one of the U.S. grades, the 
apples shall not be further advanced in maturity than generally firm 
ripe, and the following tolerances, by weight, shall apply:
    (a) For defects. 10 percent for apples which fail to meet the 
requirements of the grade: Provided, That included in this amount not 
more than the following percentages shall be allowed for the defects 
listed:
    (1) 2 percent for apples which are affected by decay;
    (2) 2 percent for apples which are affected by internal breakdown; 
and,
    (3) 5 percent for apples which are affected by worm holes.
    (b) For off-size. 5 percent for apples which are smaller than any 
specified minimum size, and 10 percent for apples larger than any 
specified maximum size.

                        Application of Tolerances



Sec.  51.347  Application of tolerances.

    Apples in closed packages are subject to the following limitations 
provided the averages for the entire lot are within the tolerances 
specified for the grade:
    (a) For a tolerance of 10 percent, individual packages shall have 
not more than one and one-half times the tolerance specified. For a 
tolerance of less than 10 percent, individual packages shall have not 
more than double the tolerances specified.

                               Definitions



Sec.  51.348  One variety.

    One variety within the meaning of these standards shall include all 
bud sports and strains of the specified variety.



Sec.  51.349  Overripe.

    Overripe means apples which are dead ripe, and with flesh very mealy 
or soft.



  Subpart_United States Standards for Grades of Grapefruit (Texas and 
           States Other Than Florida, California, and Arizona)

    Source: 34 FR 13905, Aug. 30, 1969, unless otherwise noted. 
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 
46 FR 63203, Dec. 31, 1981.

                                 Grades



Sec.  51.620  U.S. Fancy.

    ``U.S. Fancy'' consists of grapefruit which meet the following 
requirements:
    (a) Basic requirements:
    (1) Discoloration:
    (i) Not more than one-tenth of the surface, in the aggregate, may be 
affected by discoloration. (See Sec.  51.638.)
    (2) Firm;
    (3) Mature;
    (4) Similar varietal characteristics;
    (5) Smooth texture;
    (6) Well formed; and,
    (7) Well colored.
    (b) Free from:
    (1) Ammoniation;
    (2) Bruises;
    (3) Buckskin;
    (4) Cuts not healed;
    (5) Skin breakdown;
    (6) Decay;
    (7) Growth cracks;
    (8) Scab;
    (9) Sprayburn; and,
    (10) Wormy fruit.
    (c) Not injured by:
    (1) Green spots;
    (2) Oil spots;
    (3) Scale;
    (4) Scars; and,
    (5) Thorn scratches.
    (d) Not damaged by any other cause.
    (e) For tolerances see Sec.  51.628.



Sec.  51.621  U.S. No. 1.

    ``U.S. No. 1'' consists of grapefruit which meet the following 
requirements:
    (a) Basic requirement:
    (1) Discoloration:

[[Page 349]]

    (i) Not more than one-half of the surface, in the aggregate, may be 
affected by discoloration. (See Sec.  51.638.)
    (2) Firm;
    (3) Mature;
    (4) Similar varietal characteristics;
    (5) Fairly well colored;
    (6) Fairly smooth texture; and,
    (7) Fairly well formed.
    (b) Free from:
    (1) Bruises;
    (2) Cuts not healed;
    (3) Caked melanose;
    (4) Growth cracks;
    (5) Sprayburn;
    (6) Decay; and,
    (7) Wormy fruit.
    (c) Not damaged by any other cause.
    (d) For tolerances see Sec.  51.628.



Sec.  51.622  U.S. No. 1 Bright.

    The requirements for this grade are the same as for U.S. No. 1 
except that no fruit may have more than one-tenth of its surface, in the 
aggregate, affected by discoloration.
    (a) For tolerances see Sec.  51.628.



Sec.  51.623  U.S. No. 1 Bronze.

    The requirements for this grade are the same as for U.S. No. 1 
except that all fruit must show some discoloration. Not less than the 
number of fruits required in Sec.  51.628, Tables I and II, shall have 
more than one-half of their surface, in the aggregate, affected by 
discoloration. The predominating discoloration on these fruits shall be 
of rust mite type.
    (a) For tolerances see Sec.  51.628.



Sec.  51.624  U.S. Combination.

    ``U.S. Combination'' consists of a combination of U.S. No. 1 and 
U.S. No. 2 grapefruit: Provided, That the number of U.S. No. 2 fruits 
specified in Sec.  51.628, Tables I and II, are not exceeded.



Sec.  51.625  U.S. No. 2.

    ``U.S. No. 2'' consists of grapefruit which meet the following 
requirements:
    (a) Basic requirements:
    (1) Discoloration:
    (i) Not more than two-thirds of the surface, in the aggregate, may 
be affected by discoloration. (See Sec.  51.638.)
    (2) Fairly firm;
    (3) Mature;
    (4) Similar varietal characteristics;
    (5) May be slightly colored;
    (6) Not more than slightly misshapen; and,
    (7) Not more than slightly rough texture.
    (b) Free from:
    (1) Bruises;
    (2) Cuts not healed;
    (3) Growth cracks;
    (4) Decay; and,
    (5) Wormy fruit.
    (c) Not seriously damaged by any other cause.
    (d) For tolerances see Sec.  51.628.



Sec.  51.626  U.S. No. 2 Russet.

    The requirements for this grade are the same as for U.S. No. 2 
except that not less than the number of fruits required in Sec.  51.628, 
Tables I and II, shall have more than two-thirds of their surface, in 
the aggregate, affected by discoloration.
    (a) For tolerances see Sec.  51.628.



Sec.  51.627  U.S. No. 3.

    ``U.S. No. 3'' consists of grapefruit which meet the following 
requirements:
    (a) Basic requirements:
    (1) Mature;
    (2) Similar varietal characteristics;
    (3) May be misshapen;
    (4) May be slightly spongy;
    (5) May have rough texture;
    (6) Not seriously lumpy or cracked; and,
    (7) May be poorly colored.
    (i) Not more than 25 percent of the surface may be of a solid dark 
green color.
    (b) Free from:
    (1) Cuts not healed;
    (2) Decay; and,
    (3) Wormy fruit.
    (c) Not very seriously damaged by any other cause.
    (d) For tolerances see Sec.  51.628.

                               Tolerances



Sec.  51.628  Tolerances.

    In order to allow for variations incident to proper grading and 
handling in each of the foregoing grades, based on

[[Page 350]]

sample inspection, the number of defective or off-size specimens in the 
individual sample, and the number of defective or off-size specimens in 
the lot, shall be within the limitations specified in Tables I and II. 
No tolerance shall apply to wormy fruit.

[[Page 351]]



                                                               Table I--Shipping Point \1\
                                                              (A) For 1 through 20 Samples
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        Number of 33-count samples \3\
       Factor                  Grades            AL  ---------------------------------------------------------------------------------------------------
                                                \2\    1    2    3    4    5    6    7    8    9    10   11   12   13   14   15   16   17   18   19   20
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Acceptance numbers (maximum permitted) \4\
                     -----------------------------------------------------------------------------------------------------------------------------------
Decay...............  U.S. Fancy.
                      U.S. No. 1.                  1    0    0    0    1  \5\    2    2    2    2  \5\    2    2    3    3    3  \5\    3    4    4    4
                                                                            1                        2                             3
                      U.S. Combination.
                      U.S. No. 2.
                     -----------------------------------------------------------------------------------------------------------------------------------
 
                      U.S. No. 3.                  1    0    1  \5\    1    2  \2\    2    3    3  \3\    3    4    4    4  \5\    5    5    5  \5\    5
                                                                  1              2                   3                        4                   5
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
Very serious          U.S. Fancy.
 damage               U.S. No. 1.                  4    3    5    7    8   10   11   13   14   16   17   18   20   21   23   24   25   27   28   30   32
 including            U.S. Combination.
 decay.               U.S. No. 2.
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
Total defects         U.S. Fancy.
 including            U.S. No. 1.                  5    5    9   12   16   19   22   25   28   31   34   37   40   44   46   49   52   55   58   61   64
 decay and            U.S. No. 2.
 very serious         U.S. No. 3.
 damage.
                     -----------------------------------------------------------------------------------------------------------------------------------
 
                      U.S. Combination (U.S.      21   18   33   47   62   76   90  104  119  133  147  161  174  188  202  216  230  244  257  271  285
                       No. 2's permitted).
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
Off-size.....................................      7    5    9   12   16   19   22   25   28   31   34   37   40   44   46   49   52   55   58   61   64
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
Discoloration.......  U.S. No. 1.
                      U.S. No. 1 Bright.           7    5    9   12   16   19   22   25   28   31   34   37   40   44   46   49   52   55   58   61   64
                      U.S. No. 2.
                      U.S. Combination.
                     -----------------------------------------------------------------------------------------------------------------------------------
 
                                                                   Acceptance numbers (minimum required) \4\
                     -----------------------------------------------------------------------------------------------------------------------------------
 
                      U.S. No. 1 Bronze.           0    2    4    8   11   14   18   21   25   28   32   36   39   43   47   50   53   57   61   64   68
                      U.S. No. 2 Russet.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 352]]


                                                         Table I--Shipping Point \1\ (Continued)
                                                              (B) For 21 through 40 Samples
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        Number of 33-count samples \3\
       Factor                  Grades            AL  ---------------------------------------------------------------------------------------------------
                                                \2\    21   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38   39   40
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Acceptance numbers (maximum permitted) \4\
                     -----------------------------------------------------------------------------------------------------------------------------------
 
Decay...............  U.S. Fancy.
                      U.S. No. 1.                  1    4    4  \5\    4    4    5    5    5    5    5  \3\    5    5    6    6    6    6    6  \3\    6
                                                                  4                                       5                                       6
                      U.S. Combination.
                      U.S. No. 2.
                     -----------------------------------------------------------------------------------------------------------------------------------
 
                      U.S. No. 3.                  1    5    6    6    6  \5\    6    7    7    7  \5\    7    8    8    8    8  \5\    9    9    9    9
                                                                            6                        7                             8
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
Very serious          U.S. Fancy.
 damage               U.S. No. 1.                  4   32   34   35   36   38   39   40   42   43   44   45   47   48   49   51   52   53   54   56   57
 including            U.S. Combination.
 decay.               U.S. No. 2.
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
Total defects         U.S. Fancy.
 including            U.S. No. 1.                  5   67   70   73   76   79   82   84   87   90   93   96   99  102  105  107  110  113  116  119  122
 decay and            U.S. No. 2.
 very serious         U.S. No. 3.
 damage.
                     -----------------------------------------------------------------------------------------------------------------------------------
 
                      U.S. Combination (U.S.      21  298  312  326  339  353  367  380  394  408  421  435  449  462  476  489  503  517  530  544  557
                       No. 2's permitted).
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
Off-size.....................................      7   67   70   73   76   79   82   84   87   90   93   96   99  102  105  107  110  113  116  119  122
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
Discoloration.......  U.S. No. 1.
                      U.S. No. 1 Bright.           7   67   70   73   76   79   82   84   87   90   93   96   99  102  105  107  110  113  116  119  122
                      U.S. No. 2.
                      U.S. Combination.
                     -----------------------------------------------------------------------------------------------------------------------------------
 
                                                                   Acceptance numbers (minimum required) \4\
                     -----------------------------------------------------------------------------------------------------------------------------------
 
                      U.S. No. 1 Bronze.           0   72   76   80   84   88   92   96   99  103  107  110  114  118  122  126  130  134  137  141  145
                      U.S. No. 2 Russet.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Shipping point, as used in these standards, means the point of origin of the shipment in the production area or at port of loading for ship stores
  or overseas shipments, or in the case of shipments from outside the continental United States, the port of entry into the United States.
\2\ AL--Absolute limit permitted in individual 33-count sample.
\3\ Same size 33-count.
\4\ Acceptance number--maximum or minimum number of defective or off-size fruit permitted.
\5\ Preferred number of samples for this acceptance number.


[[Page 353]]


                                                          Table II--En Route or at Destination
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        Number of 33-count samples \2\
       Factor                  Grades            AL  ---------------------------------------------------------------------------------------------------
                                                \1\    1    2    3    4    5    6    7    8    9    10   11   12   13   14   15   16   17   18   19   20
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Acceptance numbers (maximum permitted) \3\
                     -----------------------------------------------------------------------------------------------------------------------------------
 
Decay...............  All.                         3    2    3    4    5    6    7    8    9   10   11   12   13  \4\   14   15   16   17   18  \4\   19
                                                                                                                   13                            18
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
Very Serious          U.S. Fancy.
 damage               U.S. No. 1.                  4    3    5    7    8   10   11   13   14   16   17   18   20   21   23   24   25   27   28   30   31
 other than           U.S. No. 2.
 decay.               U.S. Combination.
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
Total defects         U.S. Fancy.
 including            U.S. No. 1.                  5    5    9   12   16   19   22   25   28   31   34   37   40   44   46   49   52   55   58   61   64
 very serious         U.S. No. 2.
 damage.              U.S. No. 3.
 other than decay.
                     -----------------------------------------------------------------------------------------------------------------------------------
 
                      U.S. Combination (U.S.      21   18   33   47   62   76   90  104  119  133  147  161  174  188  202  216  230  244  257  271   28
                       No. 2's permitted).
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
Off-size.....................................      7    5    9   12   16   19   22   25   28   31   34   37   40   44   46   49   52   55   58   61   64
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
Discoloration.......  U.S. No. 1.
                      U.S. No. 1 Bright.           7    5    9   12   16   19   22   25   28   31   34   37   40   44   46   49   52   55   58   61   64
                      U.S. No. 2.
                      U.S. Combination.
                     -----------------------------------------------------------------------------------------------------------------------------------
 
                                                                   Acceptance numbers (minimum required) \3\
                     -----------------------------------------------------------------------------------------------------------------------------------
 
                      U.S. No. 1 Bronze.           0    2    4    8   11   14   18   21   25   28   32   36   39   43   47   50   53   57   61   64   68
                      U.S. No. 2 Russet.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Absolute limit permitted in individual 33-count sample
\2\ Sample size--33-count
\3\ Acceptance number--maximum or minimum number of defective or off-size fruit permitted
\4\ Preferred number of samples for this acceptance number


[[Page 354]]

                 Sample for Grade or Size Determination



Sec.  51.629  Sample for grade or size determination.

    Each sample shall consist of 33 grapefruit. When individual packages 
contain at least 33 grapefruit, the sample is drawn from one package; 
when individual packages contain less than 33 grapefruit, a sufficient 
number of adjoining packages are opened to form a 33-count sample. When 
practicable, at point of packaging, the sample may be obtained from the 
grading belt or bins after sorting has been completed.

                              Standard Pack



Sec.  51.630  Standard Pack.

    (a) Fruits shall be fairly uniform in size, unless specified as 
uniform in size. When packed in approved containers, fruit shall be 
arranged according to the approved and recognized methods.
    (b) ``Fairly uniform in size'' means that not more than the number 
of fruit permitted in Sec.  51.628, Tables I and II, are outside the 
ranges of diameters given in Table III.

                     Table III--\7/10\ Bushel Carton
------------------------------------------------------------------------
                                                   Diameter in inches
        Pack size/number of grapefruit         -------------------------
                                                  Minimum      Maximum
------------------------------------------------------------------------
18............................................     4\15/16\      5\9/16\
23............................................      4\5/16\            5
27............................................      4\2/16\     4\12/16\
32............................................     3\15/16\      4\8/16\
36............................................     3\13/16\      4\5/16\
40............................................     3\10/16\      4\2/16\
48............................................      3\9/16\     3\14/16\
56............................................      3\5/16\     3\10/16\
------------------------------------------------------------------------

    (c) ``Uniform in size'' means that not more than the number of fruit 
permitted in Sec.  51.628, Tables I and II, vary more than the following 
amounts:
    (1) 32 size and smaller--not more than six-sixteenths inch in 
diameter; and
    (2) 27 size and larger--not more than nine-sixteenths inch in 
diameter.
    (d) In order to allow for variations, other than sizing, incident to 
proper packing, not more than 5 percent of the packages in any lot may 
fail to meet the requirements of standard pack.

[66 FR 48788, Sept. 24, 2001]

                               Definitions



Sec.  51.631  Mature.

    Mature shall have the same meaning currently assigned that term in 
the laws and regulations of the State in which the grapefruit is grown; 
or as the definition of such term may hereafter be amended.



Sec.  51.632  Similar varietal characteristics.

    Similar varietal characteristics means that the fruits in any 
container are similar in color and shape.



Sec.  51.633  Well colored.

    Well colored means that the fruit is yellow in color with 
practically no trace of green color.



Sec.  51.634  Firm.

    Firm means that the fruit is not soft, or noticeably wilted or 
flabby, and the skin is not spongy or puffy.



Sec.  51.635  Well formed.

    Well formed means that the fruit has the shape characteristic of the 
variety.



Sec.  51.636  Smooth texture.

    Smooth texture means that the skin is thin and smooth for the 
variety and size of the fruit.



Sec.  51.637  Injury.

    Injury means any specific defect described in Sec.  51.652, Table 
IV; or an equally objectionable variation of any one of these defects, 
any other defect, or any combination of defects, which slightly detracts 
from the appearance, or the edible or marketing quality of the fruit.



Sec.  51.638  Discoloration.

    Discoloration means russeting of light shade of golden brown caused 
by rust mite or other means. Lighter shades of discoloration caused by 
smooth or fairly smooth, superficial scars or other means may be allowed 
on a greater area, or darker shades may be allowed on a lesser area, 
provided no discoloration caused by speck type melanose or

[[Page 355]]

other means may detract from the appearance of the fruit to a greater 
extent than the shade and amount of discoloration allowed in the grade.



Sec.  51.639  Fairly well colored.

    Fairly well colored means that except for a 1-inch circle in the 
aggregate of green color, the yellow color predominates over the green 
color on that part of the fruit which is not discolored.



Sec.  51.640  Fairly well formed.

    Fairly well formed means that the fruit may not have the shape 
characteristic of the variety but is not elongated or pointed or 
otherwise deformed.



Sec.  51.641  Fairly smooth texture.

    Fairly smooth texture means that the skin is not materially rough or 
coarse and that the skin is not thick for the variety.



Sec.  51.642  Damage.

    Damage means any specific defect described in Sec.  51.652, Table 
IV; or an equally objectionable variation of any one of these defects, 
any other defect, or any combination of defects, which materially 
detracts from the appearance, or the edible or marketing quality of the 
fruit.



Sec.  51.643  Fairly firm.

    Fairly firm means that the fruit may be slightly soft, but not 
bruised, and the skin is not spongy or puffy.



Sec.  51.644  Slightly misshapen.

    Slightly misshapen means that the fruit is not of the shape 
characteristic of the variety but is not appreciably elongated or 
pointed or otherwise deformed.



Sec.  51.645  Slightly rough texture.

    Slightly rough texture means that the skin is not smooth or fairly 
smooth but is not excessively rough or excessively thick, or materially 
ridged, grooved or wrinkled.



Sec.  51.646  Serious damage.

    Serious damage means any specific defect described in Sec.  51.652, 
Table IV; or an equally objectionable variation of any one of these 
defects, any other defect, or any combination of defects, which 
seriously detracts from the appearance, or the edible or marketing 
quality of the fruit.



Sec.  51.647  Slightly colored.

    Slightly colored means that, except for a 2-inch circle in the 
aggregate of green color, the portion of the fruit surface which is not 
discolored shows some yellow color.



Sec.  51.648  Misshapen.

    Misshapen means that the fruit is decidedly elongated, pointed or 
flat sided.



Sec.  51.649  Slightly spongy.

    Slightly spongy means that the fruit is puffy or slightly wilted but 
not flabby.



Sec.  51.650  Very serious damage.

    Very serious damage means any specific defect described in Sec.  
51.652, Table IV; or an equally objectionable variation of any one of 
these defects, any other defect, or any combination of defects, which 
very seriously detracts from the appearance, or the edible or marketing 
quality of the fruit.



Sec.  51.651  Diameter.

    Diameter means the greatest dimension measured at right angles to a 
line from stem to blossom end.

[[Page 356]]



Sec.  51.652  Classification of defects.

                                                    Table IV
----------------------------------------------------------------------------------------------------------------
                                                                                                 Very serious
             Factor                     Injury              Damage          Serious damage          damage
----------------------------------------------------------------------------------------------------------------
Ammoniation.....................  ..................  Not occurring as    Scars are cracked   Aggregating more
                                                       light speck type.   or dark and         than 25 percent
                                                                           aggregating more    of the surface.
                                                                           than a circle \3/
                                                                           4\ inch in
                                                                           diameter on a 70
                                                                           size grapefruit.
Buckskin........................  ..................  Aggregating more    Aggregating more    Aggregating more
                                                       than a circle 1\1/  than 25 percent     than 50 percent
                                                       4\ inches in        of the surface.     of the surface.
                                                       diameter on a 70
                                                       size grapefruit.
Caked melanese..................  ..................  ..................  Aggregating more    Aggregating more
                                                                           than a circle 1     than 25 percent
                                                                           inch in diameter    of the surface.
                                                                           on a 70 size
                                                                           grapefruit.
Dryness or mushy condition......  ..................  Affecting all       Affecting all       Affecting all
                                                       segments more       segments more       segments more
                                                       than \1/4\ inch     than \1/2\ inch     than \3/4\ inch
                                                       at stem end, or     at stem end, or     at stem end, or
                                                       the equivalent of   the equivalent of   the equivalent of
                                                       this amount, by     this amount, by     this amount, by
                                                       volume, when        volume, when        volume, when
                                                       occurring in        occurring in        occurring in
                                                       other portions of   other portions of   other portions of
                                                       the fruit.          the fruit.          the fruit.
Green spots or oil spots........  More than slightly  Aggregating more    Aggregating more
                                   affecting           than a circle 1     than a circle 1\1/
                                   appearance.         inch in diameter    2\ inches in
                                                       on a 70 size        diameter on a 70
                                                       grapefruit.         size grapefruit.
Hail............................  Not well healed,    Not well healed,    Not well healed,    Not well healed,
                                   or aggregating      or aggregating      or aggregating      or aggregating
                                   more than a         more than a         more than a         more than a
                                   circle \2/3\ inch   circle \1/2\ inch   circle \5/8\ inch   circle 1 inch in
                                   in diameter on a    in diameter on a    in diameter on a    diameter on a 70
                                   70 size             70 size             70 size             size grapefruit.
                                   grapefruit.         grapefruit.         grapefruit.
Scab............................  ..................  Materially          Seriously detracts  Aggregating more
                                                       detracts from the   from the shape or   than 25 percent
                                                       shape or texture,   texture, or         of the surface.
                                                       or aggregating      aggregating more
                                                       more than a         than a circle 1
                                                       circle \3/4\ inch   inch in diameter
                                                       in diameter on a    on a 70 size
                                                       70 size             grapefruit.
                                                       grapefruit.
Scale...........................  More than a few     Blotch aggregating  Blotch aggregating  Aggregating more
                                   adjacent to the     more than a         more than a         than 25 percent
                                   ``button'' at the   circle \3/4\ inch   circle 1 inch in    of the surface.
                                   stem end, or more   in diameter, or     diameter, or
                                   than 6 scattered    occurring as a      occurring as a
                                   on other portions   ring more than a    ring more than a
                                   of the fruit.       circle 1\1/4\       circle 1\1/2\
                                                       inches in           inches in
                                                       diameter on a 70    diameter on a 70
                                                       size grapefruit.    size grapefruit.
Skin breakdown..................  ..................  Aggregating more    Aggregating more    Aggregating more
                                                       than a circle \3/   than a circle \5/   than a circle 1\1/
                                                       8\ inch in          8\ inch in          4\ inches in
                                                       diameter on a 70    diameter on a 70    diameter on a 70
                                                       size grapefruit.    size grapefruit.    size grapefruit.
Scars...........................  Depressed, not      Very deep or very   Very deep or very   Very deep or very
                                   smooth, or          rough aggregating   rough aggregating   rough or
                                   detracts from       more than a         more than a         unsightly that
                                   appearance more     circle \1/2\ inch   circle 1 inch in    appearance is
                                   than the amount     in diameter; deep   diameter; deep or   very seriously
                                   of discoloration    or rough            rough aggregating   affected.
                                   permitted in the    aggregating more    more than 5
                                   grade..             than 1 inch in      percent of fruit
                                                       diameter;           surface; slight
                                                       slightly rough or   depth or slightly
                                                       of slight depth     rough aggregating
                                                       aggregating more    more than 15
                                                       than 10 percent     percent of fruit
                                                       of fruit surface.   surface. All
                                                       All areas based     areas based on a
                                                       on a 70 size        70 size
                                                       grapefruit.         grapefruit.
Sprayburn.......................  Hard or             Aggregating more
                                   aggregating more    than 25 percent
                                   than a circle 1\1/  of the surface.
                                   4\ inches in
                                   diameter on a 70
                                   size grapefruit.
Sunburn.........................  Skin is flattened,  Skin is hard,       Aggregating more
                                   dry, darkened, or   fruit is            than 50 percent
                                   hard, aggregating   decidedly one-      of fruit surface.
                                   more than 25        sided,
                                   percent of fruit    aggregating more
                                   surface.            than one-third of
                                                       fruit surface.

[[Page 357]]

 
Sprouting.......................  More than 6 seeds   More than 6 seeds   More than 6 seeds
                                   are sprouted,       are sprouted,       are sprouted,
                                   including not       including not       including not
                                   more than 1         more than 2         more than 3
                                   sprout extending    sprouts extending   sprouts extending
                                   to the rind,        to the rind,        to the rind,
                                   remainder average   remainder average   remainder average
                                   not over \1/4\      not over \1/2\      not over \3/4\
                                   inch in length.     inch in length.     inch in length.
Thorn scratches.................  Not well healed,    Not well healed,    Not well healed,    Aggregating more
                                   or more unsightly   hard concentrated   hard concentrated   than 25 percent
                                   than                thorn injury        thorn injury        of the surface.
                                   discoloration       aggregating more    aggregating more
                                   permitted in the    than a circle \3/   than a circle \7/
                                   grade.              4\ inch in          8\ inch in
                                                       diameter, or        diameter, or
                                                       slight scratches    slight scratches
                                                       aggregating more    aggregating more
                                                       than a circle 1     than a circle 1\1/
                                                       inch in diameter.   4\ inches in
                                                       All areas based     diameter. All
                                                       on a 70 size        areas based on a
                                                       grapefruit..        70 size
                                                                           grapefruit.
----------------------------------------------------------------------------------------------------------------

                         Metric Conversion Table



Sec.  51.653  Metric conversion table.

------------------------------------------------------------------------
                                                             Millimeters
                           Inches                                (mm)
------------------------------------------------------------------------
\1/4\ equals...............................................          6.4
\3/8\ equals...............................................          9.5
\1/2\ equals...............................................         12.7
\9/16\ equals..............................................         14.3
\5/8\ equals...............................................         15.9
\3/4\ equals...............................................         19.1
\7/8\ equals...............................................         22.2
1 equals...................................................         25.4
1\1/4\ equals..............................................         31.8
1\1/2\ equals..............................................         38.1
3 equals...................................................         76.2
3\2/16\ equals.............................................         79.4
3\6/16\ equals.............................................         85.7
3\8/16\ equals.............................................         88.9
3\10/16\ equals............................................         92.1
3\13/16\ equals............................................         96.8
3\14/16\ equals............................................         98.4
3\15/16\ equals............................................        100.0
4\2/16\ equals.............................................        104.8
4\5/16\ equals.............................................        109.5
4\8/16\ equals.............................................        114.3
4\12/16\ equals............................................        120.7
5 equals...................................................        127.0
------------------------------------------------------------------------



Subpart_United States Standards for Grades of Oranges (Texas and States 
              Other Than Florida, California, and Arizona)

    Source: 34 FR 13909, Aug. 30, 1969; 34 FR 14325, Sept. 12, 1969, 
unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and 
further redesignated at 46 FR 63203, Dec. 31, 1981.

                                 General



Sec.  51.680  General.

    The standards in this subpart apply only to the common or sweet 
orange group and varieties belonging to the Mandarin group except 
tangerines for which separate U.S. Standards are issued.

                                 Grades



Sec.  51.681  U.S. Fancy.

    ``U.S. Fancy'' consists of oranges which meet the following 
requirements:
    (a) Basic requirements:
    (1) Discoloration:
    (i) Not more than one-tenth of the surface, in the aggregate, may be 
affected by discoloration. (See Sec.  51.700.)
    (2) Firm;
    (3) Mature;
    (4) Similar varietal characteristics;
    (5) Well colored;
    (6) Well formed; and,
    (7) Smooth texture.
    (b) Free from:
    (1) Ammoniation;
    (2) Bruises;
    (3) Buckskin;
    (4) Caked melanose;
    (5) Creasing;
    (6) Cuts not healed;
    (7) Decay;
    (8) Growth cracks;
    (9) Scab;
    (10) Skin breakdown;
    (11) Sprayburn;
    (12) Undeveloped segments; and,

[[Page 358]]

    (13) Wormy fruit.
    (c) Not injured by:
    (1) Green spots;
    (2) Oil spots;
    (3) Split navels;
    (4) Rough, wide or protruding navels;
    (5) Scale;
    (6) Scars; and,
    (7) Thorn scratches.
    (d) Not damaged by any other cause.
    (e) For tolerances see Sec.  51.689.



Sec.  51.682  U.S. No. 1.

    ``U.S. No. 1'' consists of oranges which meet the following 
requirements:
    (a) Basic requirements:
    (1) Discoloration:
    (i) Not more than one-third of the surface, in the aggregate, may be 
affected by discoloration. (See Sec.  51.700.)
    (2) Firm;
    (3) Mature;
    (4) Similar varietal characteristics;
    (5) Well formed;
    (6) Fairly smooth texture; and,
    (7) Color:
    (i) Early and midseason varieties shall be fairly well colored.
    (ii) For Valencia and other late varieties, not less than 50 
percent, by count, shall be fairly well colored and the remainder 
reasonably well colored.
    (b) Free from:
    (1) Bruises;
    (2) Cuts not healed;
    (3) Caked melanose;
    (4) Decay;
    (5) Growth cracks;
    (6) Sprayburn;
    (7) Undeveloped segments; and,
    (8) Wormy fruit.
    (c) Not damaged by any other cause.
    (d) For tolerances see Sec.  51.689.



Sec.  51.683  U.S. No. 1 Bright.

    The requirements for this grade are the same as for U.S. No. 1 
except that no fruit may have more than one-tenth of its surface, in the 
aggregate, affected by discoloration.
    (a) For tolerances see Sec.  51.689.



Sec.  51.684  U.S. No. 1 Bronze.

    The requirements for this grade are the same as for U.S. No 1 except 
that all fruit must show some discoloration. Not less than the number of 
fruits required in Sec.  51.689, Tables I and II, shall have more than 
one-third of their surface, in the aggregate, affected by discoloration. 
The predominating discoloration on these fruits shall be of rust mite 
type.



Sec.  51.685  U.S. Combination.

    ``U.S. Combination'' consists of a combination of U.S. No. 1 and 
U.S. No. 2 oranges: Provided, That the number of U.S. No. 2 fruits 
specified in Sec.  51.689, Tables I and II, are not exceeded.



Sec.  51.686  U.S. No. 2.

    ``U.S. No. 2'' consists of oranges which meet the following 
requirements:
    (a) Basic requirements:
    (1) Discoloration:
    (i) Not more than one-half of the surface, in the aggregate, may be 
affected by discoloration. (See Sec.  51.700.)
    (2) Fairly firm;
    (3) Mature;
    (4) Similar varietal characteristics;
    (5) Reasonably well colored;
    (6) Not more than slightly misshapen, and,
    (7) Not more than slightly rough.
    (b) Free from:
    (1) Bruises;
    (2) Cuts not healed;
    (3) Decay;
    (4) Growth cracks; and,
    (5) Wormy fruit.
    (c) Not seriously damaged by any other cause.
    (d) For tolerances see Sec.  51.689.



Sec.  51.687  U.S. No. 2 Russet.

    The requirements for this grade are the same as for U.S. No. 2 
except that not less than the number of fruits required in Sec.  51.689, 
Tables I and II, shall have more than one-half of their surface, in the 
aggregate, affected by discoloration.



Sec.  51.688  U.S. No. 3.

    ``U.S. No. 3'' consists of oranges which meet the following 
requirements:
    (a) Basic requirements:
    (1) Mature;
    (2) Similar varietal characteristics;
    (3) May be misshapen;
    (4) May be slightly spongy;
    (5) May have rough texture;

[[Page 359]]

    (6) Not seriously lumpy or cracked; and,
    (7) May be poorly colored.
    (i) Not more than 25 percent of the surface may be of a solid dark 
green color.
    (b) Free from:
    (1) Cuts not healed;
    (2) Decay; and,
    (3) Wormy fruit.
    (c) Not very seriously damaged by any other cause.
    (d) For tolerances see Sec.  51.689.

                               Tolerances



Sec.  51.689  Tolerances.

    In order to allow for variations incident to proper grading and 
handling in each of the foregoing grades, based on sample inspection, 
the number of defective or off-size specimens in the lot, shall be 
within the limitations specified in Tables I and II. No tolerance shall 
apply to wormy fruit.

[[Page 360]]



                                                               Table I--Shipping Point \1\
                                                              (A) For 1 through 20 Samples
                                                            [See footnotes at end of Table I]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        Number of 50-count samples \3\
       Factor                  Grades            AL  ---------------------------------------------------------------------------------------------------
                                                \2\    1    2    3    4    5    6    7    8    9    10   11   12   13   14   15   16   17   18   19   20
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Acceptance number (maximum permitted) \4\
                     -----------------------------------------------------------------------------------------------------------------------------------
 
Decay...............  U.S. Fancy.
                      U.S. No. 1.                  1    0    1  \5\    1    2  \5\    2    3    3    3  \5\    3    4    4  \5\    4    5    5    5    5
                                                                  1              2                        3                   4
                      U.S. No. 2.
                      U.S. Combination.
                     -----------------------------------------------------------------------------------------------------------------------------------
 
                      U.S. No. 3.                  2    0    1    2  \5\    2  \5\    3    4    4  \5\    5    5  \5\    6    6  \5\    6    7    7    7
                                                                       2         3                   4              5              6
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
Very serious          U.S. Fancy.
 damage               U.S. No. 1.                  6    4    6    9   11   14   16   18   20   22   24   26   28   30   33   35   37   39   41   43   45
 including            U.S. No. 2.
 decay.               U.S. Combination.
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
Total defects         U.S. Fancy.
 including            U.S. No. 1.                  8    7   12   17   22   27   32   36   41   45   50   54   59   63   68   72   76   81   85   90   94
 decay and            U.S. No. 2.
 very serious         U.S. No. 3.
 damage.
                     -----------------------------------------------------------------------------------------------------------------------------------
 
                      U.S. Combination (U.S.      29   26   48   70   91  112  134  155  176  197  218  239  260  281  301  322  343  364  384  405  425
                       No. 2's permitted).
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
Off-size.....................................     10    7   12   17   22   27   32   36   41   45   50   54   59   63   68   72   76   81   85   90   94
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
Discoloration.......  U.S. No. 1.
                      U.S. No. 1 Bright.          10    7   12   17   22   27   32   36   41   45   50   54   59   63   68   72   76   81   85   90   94
                      U.S. No. 2.
                      U.S. Combination.
                     -----------------------------------------------------------------------------------------------------------------------------------
 
                                                                   Acceptance number (minimum required) \4\
                     -----------------------------------------------------------------------------------------------------------------------------------
 
                      U.S. No. 1 Bronze.           1    3    8   12   18   23   29   34   40   45   51   56   62   68   74   79   85   91   97  102  108
                      U.S. No. 2 Russet.       .....  ...  ...  ...  ...  ...  ...  ...  ...  ...  ...  ...  ...  ...  ...  ...  ...  ...  ...  ...
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 361]]


                                                         Table I--Shipping Point \1\--Continued
                                                              (B) For 21 through 40 Samples
                                                            [See footnotes at end of Table I]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        Number of 50-count samples \3\
       Factor                  Grades            AL  ---------------------------------------------------------------------------------------------------
                                                \2\    21   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38   39   40
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Acceptance numbers (maximum permitted) \4\
                     -----------------------------------------------------------------------------------------------------------------------------------
Decay...............  U.S. Fancy.
                      U.S. No. 1.                  1  \5\    6    6    6    6  \5\    6    7    7    7    7  \5\    7    8    8    8  \5\    8    9    9
                                                        5                        6                             7                        8
                      U.S. No. 2.
                      U.S. Combination.
                     -----------------------------------------------------------------------------------------------------------------------------------
                      U.S. No. 3.                  2    8    8  \5\    8    9    9  \5\    9   10   10  \5\   11   11  \5\   11   12   12  \5\   12   13
                                                                  8                   9                  10             11                  12
--------------------------------------------------------------------------------------------------------------------------------------------------------
Very serious          U.S. Fancy.
  damage              U.S. No. 1.                  6   47   49   51   53   54   56   58   60   62   64   66   68   70   72   74   76   78   80   81   83
  including           U.S. No. 2.
  decay.              U.S. Combination.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total defects         U.S. Fancy.
  including           U.S. No. 1.                  8   98  103  107  111  116  120  124  129  133  137  141  146  150  154  159  163  167  171  176  180
  decay and           U.S. No. 2.
  very serious        U.S. No. 3.
  damage.
                     -----------------------------------------------------------------------------------------------------------------------------------
                      U.S. Combination (U.S.      29  446  467  487  508  529  549  570  590  611  631  652  672  693  713  734  754  775  795  816  836
                       No. 2's permitted).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Off-size.....................................     10   98  103  107  111  116  120  124  129  133  137  141  146  150  154  159  163  167  171  176  180
--------------------------------------------------------------------------------------------------------------------------------------------------------
Discoloration.......  U.S. No. 1.
                      U.S. No. 1 Bright.          10   98  103  107  111  116  120  124  129  133  137  141  146  150  154  159  163  167  171  176  180
                      U.S. No. 2.
                      U.S. Combination.
                     -----------------------------------------------------------------------------------------------------------------------------------
                                                                   Acceptance number (minimum required) \4\
                     -----------------------------------------------------------------------------------------------------------------------------------
                      U.S. No. 1 Bronze.           1  114  119  125  131  137  143  149  155  161  166  172  178  184  190  196  202  208  214  220  226
                      U.S. No. 2 Russet.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Shipping point, as used in these standards, means the point of origin of the shipment in the production area or at port of loading for ship stores
  or overseas shipments, or in the case of shipments from outside the continental United States, the port of entry into the United States.
\2\ AL--Absolute limit permitted in individual 33-count sample.
\3\ Sample size--33-count.
\4\ Acceptance number--maximum or minimum number of defective or off-size fruit permitted.
\5\ Preferred number of samples for this acceptance number.


[[Page 362]]


                                                          Table II--En Route or at Destination
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        Number of 50-count samples \2\
       Factor                  Grades            AL  ---------------------------------------------------------------------------------------------------
                                                \1\    1    2    3    4    5    6    7    8    9    10   11   12   13   14   15   16   17   18   19   20
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Acceptance numbers (maximum permitted)
                     -----------------------------------------------------------------------------------------------------------------------------------
 
Decay...............  All.                         4    3    4    6    7    9   10   11   13   14   15   16   18   19   20   21   23   24   25   26   27
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
Very serious          U.S. Fancy.
  damage              U.S. No. 1.                  6    4    6    9   11   14   16   18   20   22   24   26   28   30   33   35   37   39   41   43   45
  other than          U.S. No. 2.
  decay.              U.S Combination.
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
Total defects         U.S. Fancy.
  including           U.S. No. 1.                  8    7   12   17   22   27   32   36   41   45   50   54   59   63   68   72   76   81   85   90   94
  very serious        U.S. No. 2.
  damage              U.S. No. 3.
 other than decay.
                     -----------------------------------------------------------------------------------------------------------------------------------
 
                      U.S. Combination (U.S.      29   26   48   70   91  112  134  155  176  197  218  239  260  281  301  322  343  364  384  405  425
                       No. 2's permitted).
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
Off-size.....................................     10    7   12   17   22   27   32   36   41   45   50   54   59   63   68   72   76   81   85   90   94
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
Discoloration.......  U.S. No. 1.
                      U.S. No. 1 Bright.          10    7   12   17   22   27   32   36   41   45   50   54   59   63   68   72   76   81   85   90   94
                      U.S. No. 2.
                      U.S. Combination.
                     -----------------------------------------------------------------------------------------------------------------------------------
 
                                                                   Acceptance number (minimum required) \3\
                     -----------------------------------------------------------------------------------------------------------------------------------
 
                      U.S. No. 1 Bronze.           1    3    8   12   18   23   29   34   40   45   51   56   62   68   74   79   85   91   97  102  108
                      U.S. No. 2 Russet.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ AL--Absolute limit permitted in individual 50-count sample.
\2\ Sample size-50-count.
\3\ Acceptance number--maximum or minimum number of defective or off-size fruit permitted.


[[Page 363]]

                 Sample for Grade or Size Determination



Sec.  51.690  Sample for grade or size determination.

    Each sample shall consist of 50 oranges. When individual packages 
contain at least 50 oranges, the sample is drawn from one package; when 
individual packages contain less than 50 oranges, a sufficient number of 
adjoining packages are opened to form a 50-count sample. When 
practicable, at point of packaging, the sample may be obtained from the 
grading belt or bins after sorting has been completed.

                              Standard Pack



Sec.  51.691  Standard pack for oranges except Temple variety.

    (a) Fruit shall be fairly uniform in size. When packed in approved 
containers, fruit shall be arranged according to the approved and 
recognized methods.
    (b) ``Fairly uniform in size'' means that not more than the number 
of fruit permitted in Sec.  51.689, Tables I and II, are outside the 
ranges of diameters given in Table III:

                     Table III--\7/10\ Bushel Carton
------------------------------------------------------------------------
                                                   Diameter in inches
          Pack size/number of oranges          -------------------------
                                                  Minimum      Maximum
------------------------------------------------------------------------
24............................................     3\12/16\      5\1/16\
32............................................      3\6/16\      4\9/16\
36............................................      3\4/16\      4\6/16\
40............................................      3\2/16\      4\4/16\
48............................................     2\15/16\            4
56............................................     2\13/16\     3\13/16\
64............................................     2\11/16\     3\10/16\
72............................................      2\9/16\      3\8/16\
88............................................      2\8/16\      3\4/16\
113...........................................      2\7/16\            3
138...........................................      2\6/16\     2\12/16\
------------------------------------------------------------------------

    (c) In order to allow for variations, other than sizing, incident to 
proper packing, not more than 5 percent of the packages in any lot may 
fail to meet the requirements of standard pack.

[66 FR 48788, Sept. 24, 2001]

                             Standard Sizing



Sec.  51.692  Standard sizing.

    (a) Boxes, cartons, bag packs, or bulk loads in which oranges are 
not packed according to a definite pattern do not meet the requirements 
of standard pack, but may be certified as meeting the requirements of 
standard sizing: Provided, that the ranges are fairly uniform in size as 
defined in Sec.  51.691.
    (b) In order to allow for variations incident to proper packing, not 
more than 5 percent of the containers in any lot may fail to meet the 
requirements of standard sizing.

[34 FR 13909, Aug. 30, 1969; 34 FR 14325, Sept. 12, 1969. Redesignated 
at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, 
Dec. 31, 1981, as amended at 66 FR 48788, Sept. 24, 2001]

                               Definitions



Sec.  51.693  Mature.

    Mature shall have the same meaning currently assigned that term in 
the laws and regulations of the State in which the orange is grown; or 
as the definition of such term may hereafter be amended.



Sec.  51.694  Similar varietal characteristics.

    Similar varietal characteristics means that the fruits in any 
container are similar in color and shape.



Sec.  51.695  Well colored.

    Well colored means that the fruit is yellow or orange in color with 
practically no trace of green color.



Sec.  51.696  Firm.

    Firm as applied to common oranges, means that the fruit is not soft, 
or noticeably wilted or flabby; as applied to oranges of the Mandarin 
group (Satsuma, King, Mandarin), means that the fruit is not extremely 
puffy, although the skin may be slightly loose.



Sec.  51.697  Well formed.

    Well formed means that the fruit has the shape characteristic of the 
variety.



Sec.  51.698  Smooth texture.

    Smooth texture means that the skin is thin and smooth for the 
variety and size of the fruit.



Sec.  51.699  Injury.

    Injury means any specific defect described in Sec.  51.713, Table 
IV; or an equally objectionable variation of any

[[Page 364]]

one of these defects, any other defect, or any combination of defects, 
which slightly detracts from the appearance, or the edible or marketing 
quality of the fruit.



Sec.  51.700  Discoloration.

    Discoloration means russeting of light shade of golden brown caused 
by rust mite or other means. Lighter shades of discoloration caused by 
smooth or fairly smooth, superficial scars or other means may be allowed 
on a greater area, or darker shades may be allowed on a lesser area, 
provided no discoloration caused by melanose or other means may affect 
the appearance of the fruit to a greater extent than the shade and 
amount of discoloration allowed for the grade.



Sec.  51.701  Fairly smooth texture.

    Fairly smooth texture means that the skin is not materially rough or 
coarse and that the skin is not thick for the variety.



Sec.  51.702  Damage.

    Damage means any specific defect described in Sec.  51.713, Table 
IV; or an equally objectionable variation of any one of these defects, 
any other defect, or any combination of defects, which materially 
detracts from the appearance, or the edible or marketing quality of the 
fruit.



Sec.  51.703  Fairly well colored.

    Fairly well colored means that except for a one inch circle in the 
aggregate of green color, the yellow or orange color predominates over 
the green color on that part of the fruit which is not discolored.



Sec.  51.704  Reasonably well colored.

    Reasonably well colored means that the yellow or orange color 
predominates over the green color on at least two-thirds of the fruit 
surface in the aggregate which is not discolored.



Sec.  51.705  Fairly firm.

    Fairly firm as applied to common oranges, means that the fruit may 
be slightly soft, but not bruised; as applied to oranges of the Mandarin 
group (Satsuma, King, Mandarin) means that the fruit is not extremely 
puffy or the skin extremely loose.



Sec.  51.706  Slightly misshapen.

    Slightly misshapen means that the fruit is not of the shape 
characteristic of the variety but is not appreciably elongated or 
pointed or otherwise deformed.



Sec.  51.707  Slightly rough texture.

    Slightly rough texture means that the skin is not smooth or fairly 
smooth but is not excessively rough or excessively thick, or materially 
ridged, grooved or wrinkled.



Sec.  51.708  Serious damage.

    Serious damage means any specific defect described in Sec.  51.713, 
Table IV; or an equally objectionable variation of any one of these 
defects, any other defect, or any combination of defects, which 
seriously detracts from the appearance, or the edible or marketing 
quality of the fruit.



Sec.  51.709  Misshapen.

    Misshapen means that the fruit is decidedly elongated, pointed or 
flatsided.



Sec.  51.710  Slightly spongy.

    Slightly spongy means that the fruit is puffy or slightly wilted but 
not flabby.



Sec.  51.711  Very serious damage.

    Very serious damage means any specific defect described in Sec.  
51.713, Table IV; or an equally objectionable variation of any one of 
these defects, any other defect, or any combination of defects, which 
very seriously detracts from the appearance, or the edible or marketing 
quality of the fruit.



Sec.  51.712  Diameter.

    Diameter means the greatest dimension measured at right angles to a 
line from stem to blossom end of the fruit.

[[Page 365]]



Sec.  51.713  Classification of defects.

                                                    Table IV
----------------------------------------------------------------------------------------------------------------
                                                                                                 Very serious
             Factor                     Injury              Damage          Serious damage          damage
----------------------------------------------------------------------------------------------------------------
Ammoniation.....................  ..................  Not occurring as    Scars are cracked   Aggregating more
                                                       light speck type.   or dark and         than 25 percent
                                                                           aggregating more    of the surface.
                                                                           than a circle \3/
                                                                           4\ inch in
                                                                           diameter or light
                                                                           colored and
                                                                           aggregating more
                                                                           than a circle 1\1/
                                                                           4\ inches in
                                                                           diameter on a 200
                                                                           size orange.
Buckskin........................  ..................  Aggregating more    Aggregating more    Aggregating more
                                                       than a circle 1     than 25 percent     than 50 percent
                                                       inch in diameter    of the surface.     of the surface.
                                                       on a 200 size
                                                       orange..
Caked melanose..................  ..................  ..................  Aggregating more    Aggregating more
                                                                           than a circle \3/   than 25 percent
                                                                           4\ inch in          of the surface.
                                                                           diameter on a 200
                                                                           size orange.
Creasing........................  ..................  Materially weakens  Seriously weakens   Very seriously
                                                       the skin, or        the skin, or        weakens the skin,
                                                       extends over more   extends over more   or is distributed
                                                       than one-third of   than one-half of    over practically
                                                       the surface.        the surface.        the entire
                                                                                               surface.
Dryness or mushy condition......  ..................  Affecting all       Affecting all       Affecting all
                                                       segments more       segments more       segments more
                                                       than \1/4\ inch     than \1/2\ inch     than \3/4\ inch
                                                       at stem end, or     at stem end, or     at stem end, or
                                                       the equivalent of   the equivalent of   the equivalent of
                                                       this amount, by     this amount, by     this amount, by
                                                       volume, when        volume, when        volume, when
                                                       occurring in        occurring in        occurring in
                                                       other portions of   other portions of   other portions of
                                                       the fruit.          the fruit.          the fruit.
Green spots or oil spots........  More than slightly  Aggregating more    Aggregating more
                                   affecting           than a circle \7/   than a circle 1\1/
                                   appearance.         8\ inch in          4\ inches in
                                                       diameter on a 200   diameter on a 200
                                                       size orange.        size orange.
Hail............................  Not well healed,    Not well healed,    Not well healed,    Not well healed,
                                   or aggregating      or aggregating      or aggregating      or aggregating
                                   more than a         more than a         more than a         more than a
                                   circle \1/4\ inch   circle \3/8\ inch   circle \1/2\ inch   circle \3/4\ inch
                                   in diameter on a    in diameter on a    in diameter on a    in diameter on a
                                   200 size orange.    200 size orange.    200 size orange.    200 size orange.
Scab............................  ..................  Materially          Seriously detracts  Aggregating more
                                                       detracts from the   from the shape or   than 25 percent
                                                       shape or texture,   texture, or         of the surface.
                                                       or aggregating      aggregating more
                                                       more than a         than a circle \3/
                                                       circle \5/8\ inch   4\ inch in
                                                       in diameter on a    diameter on a 200
                                                       200 size orange.    orange.
Scale...........................  More than a few     Aggregating more    Aggregating more    Aggregating more
                                   adjacent to the     than a circle \5/   than a circle \3/   than 25 percent
                                   ``button'' at the   8\ inch in          4\ inch in          of the surface.
                                   stem end, or more   diameter on a 200   diameter on a 200
                                   than 6 scattered    size orange.        size orange.
                                   on other portions
                                   of the fruit.
Scars...........................  Depressed, not      Deep, rough or      Deep, rough         Deep, rough or
                                   smooth, or          hard aggregating    aggregating more    unsightly that
                                   detracts from       more than a         than a circle \1/   appearance is
                                   appearance more     circle \1/4\ inch   2\ inch in          very seriously
                                   than the amount     in diameter;        diameter;           affected.
                                   of discoloration    slightly rough      slightly rough
                                   permitted in the    with slight depth   with slight depth
                                   grade.              aggregating more    aggregating more
                                                       than a circle \7/   than a circle 1\1/
                                                       8\ inch in          4\ inches in
                                                       diameter; smooth    diameter. All
                                                       or fairly smooth    areas based on a
                                                       with slight depth   200 size orange.
                                                       aggregation more
                                                       than a circle 1\1/
                                                       4\ inches in
                                                       diameter. All
                                                       areas based on a
                                                       200 size orange.
Skin breakdown..................  ..................  Aggregating more    Aggregating more    Aggregating more
                                                       than a circle \1/   than a circle \5/   than 25 percent
                                                       4\ inch in          8\ inch in          of the surface.
                                                       diameter on a 200   diameter on a 200
                                                       size orange.        size orange.

[[Page 366]]

 
Sunburn.........................  ..................  Skin is flattened,  Affecting more      Aggregating more
                                                       dry, darkened or    than \1/3\ of the   than 50 percent
                                                       hard, aggregating   surface, hard,      of the surface.
                                                       more than 25        decidedly one-
                                                       percent of the      sided, or light
                                                       surface.            brown and
                                                                           aggregating more
                                                                           than a circle 1\1/
                                                                           4\ inches in
                                                                           diameter on a 200
                                                                           size orange.
Sprayburn.......................  ..................  ..................  Hard, or            Aggregating more
                                                                           aggregating more    than 25 percent
                                                                           than a circle 1\1/  of the surface.
                                                                           4\ inches in
                                                                           diameter on a 200
                                                                           size orange.
Split, rough or protruding        Split is unhealed;  Split is unhealed,  Split is unhealed,  Split is unhealed
 navels.                           navel protrudes     or more than \1/    or more than \1/    or fruit is
                                   beyond general      4\ inch in          2\ inch in          seriously
                                   contour; opening    length, or more     length, or          weakened.
                                   is so wide,         than 3 well         aggregate length
                                   growth so folded    healed splits, or   of all splits
                                   and ridged that     navel protrudes     exceed 1 inch, or
                                   it detracts         beyond the          navel protrudes
                                   noticeably from     general contour,    beyond general
                                   appearance.         and opening is so   contour, and
                                                       wide, folded or     opening is so
                                                       ridged that it      wide, folded and
                                                       detracts            ridged that it
                                                       materially from     seriously
                                                       appearance.         detracts from
                                                                           appearance.
Thorn scratches.................  Not slight, not     Not well healed,    Not well healed,    Aggregating more
                                   well healed, or     or hard             or hard             than 5 percent of
                                   more unsightly      concentrated        concentrated        the surface.
                                   than                thorn injury        thorn injury
                                   discoloration       aggregating more    aggregating more
                                   permitted in the    than a circle \5/   than a circle \3/
                                   grade.              8\ inch in          4\ inch in
                                                       diameter on a 200   diameter on a 200
                                                       size orange.        size orange.
----------------------------------------------------------------------------------------------------------------

                         Metric Conversion Table



Sec.  51.714  Metric conversion table.

------------------------------------------------------------------------
                                                             Millimeters
                           Inches                                (mm)
------------------------------------------------------------------------
\1/4\ equals...............................................          6.4
\5/16\ equals..............................................          7.9
\3/8\ equals...............................................          9.5
\1/2\ equals...............................................         12.7
\5/8\ equals...............................................         15.9
\3/4\ equals...............................................         19.1
\7/8\ equals...............................................         22.2
1 equals...................................................         25.4
1\1/4\ equals..............................................         31.8
2\3/16\ equals.............................................         55.6
2\4/16\ equals.............................................         57.2
2\7/16\ equals.............................................         61.9
2\8/16\ equals.............................................         63.5
2\9/16\ equals.............................................         65.1
2\11/16\ equals............................................         68.3
2\12/16\ equals............................................         69.9
2\15/16\ equals............................................         74.6
3\1/16\ equals.............................................         77.8
3\3/16\ equals.............................................         81.0
3\5/16\ equals.............................................         84.1
3\7/16\ equals.............................................         87.3
3\9/16\ equals.............................................         90.5
3\13/16\ equals............................................         96.8
------------------------------------------------------------------------



    Subpart_United States Standards for Grades of Florida Grapefruit

    Source: 61 FR 20703, May 8, 1996, unless otherwise noted.

                                 Grades



Sec.  51.750  U.S. Fancy.

    ``U.S. Fancy'' consists of grapefruit which meet the following 
requirements:
    (a) Basic requirements:
    (1) Discoloration: Not more than one-tenth of the surface, in the 
aggregate, may be affected by discoloration. (See Sec.  51.770.);
    (2) Firm;
    (3) Mature;
    (4) Similar varietal characteristics;
    (5) Smooth texture;
    (6) Well colored; and,
    (7) Well formed.
    (b) Free from:
    (1) Ammoniation;
    (2) Buckskin;
    (3) Caked melanose;
    (4) Decay;
    (5) Scab;
    (6) Sprayburn;
    (7) Unhealed skin breaks; and,
    (8) Wormy fruit.
    (c) Free from injury caused by:
    (1) Bruises;
    (2) Green spots;
    (3) Oil spots;
    (4) Scale;
    (5) Scars;

[[Page 367]]

    (6) Skin breakdown; and,
    (7) Thorn scratches.
    (d) Free from damage caused by:
    (1) Dirt or other foreign material;
    (2) Disease;
    (3) Dryness or mushy condition;
    (4) Hail;
    (5) Insects;
    (6) Sprouting;
    (7) Sunburn; and,
    (8) Other means.
    (e) For tolerances see Sec.  51.760.



Sec.  51.751  U.S. No. 1 Bright.

    The requirements for this grade are the same as for U.S. No. 1 
except that fruit shall have not more than one-fifth of its surface, in 
the aggregate, affected by discoloration. For tolerances see Sec.  
51.760.



Sec.  51.752  U.S. No. 1.

    ``U.S. No. 1'' consists of grapefruit which meet the following 
requirements:
    (a) Basic requirements:
    (1) Discoloration: Not more than one-third of the surface, in the 
aggregate, may be affected by discoloration. (See Sec.  51.770.);
    (2) Fairly smooth texture;
    (3) Fairly well colored;
    (4) Firm;
    (5) Mature;
    (6) Similar varietal characteristics; and,
    (7) Well formed.
    (b) Free from:
    (1) Decay;
    (2) Unhealed skin breaks; and,
    (3) Wormy fruit.
    (c) Free from damage caused by:
    (1) Ammoniation;
    (2) Bruises;
    (3) Buckskin;
    (4) Caked melanose;
    (5) Dirt or other foreign material;
    (6) Disease;
    (7) Dryness or mushy condition;
    (8) Green spots;
    (9) Hail;
    (10) Insects;
    (11) Oil spots;
    (12) Scab;
    (13) Scale;
    (14) Scars;
    (15) Skin breakdown;
    (16) Sprayburn;
    (17) Sprouting;
    (18) Sunburn;
    (19) Thorn scratches; and,
    (20) Other means.
    (d) For tolerances see Sec.  51.760.



Sec.  51.753  U.S. No. 1 Golden.

    The requirements for this grade are the same as for U.S. No. 1 
except that not more than 30 percent, by count, of the fruit shall have 
more than one-third of their surface, in the aggregate, affected by 
discoloration. For tolerances see Sec.  51.760.



Sec.  51.754  U.S. No. 1 Bronze.

    The requirements for this grade are the same as for U.S. No. 1 
except that at least 30 percent, by count, of the fruit shall have more 
than one-third of their surface, in the aggregate, affected by 
discoloration. The predominating discoloration on each of these fruits 
shall be of rust mite type. For tolerances see Sec.  51.760.



Sec.  51.755  U.S. No. 1 Russet.

    The requirements for this grade are the same as for U.S. No. 1 
except that at least 30 percent, by count, of the fruit shall have more 
than one-third of their surface, in the aggregate, affected by any type 
of discoloration. For tolerances see Sec.  51.760.



Sec.  51.756  U.S. No. 2 Bright.

    The requirements for this grade are the same as for U.S. No. 2 
except that fruit shall have not more than one-fifth of its surface, in 
the aggregate, affected by discoloration. For tolerances see Sec.  
51.760.



Sec.  51.757  U.S. No. 2.

    ``U.S. No. 2'' consists of grapefruit which meet the following 
requirements:
    (a) Basic requirements:
    (1) Discoloration: Not more than one-half of the surface, in the 
aggregate, may be affected by discoloration. (See Sec.  51.770.);
    (2) Fairly firm;
    (3) Mature;
    (4) Similar varietal characteristics;
    (5) Slightly colored;
    (6) Not more than slightly misshapen; and,
    (7) Not more than slightly rough texture.

[[Page 368]]

    (b) Free from:
    (1) Decay;
    (2) Unhealed skin breaks; and,
    (3) Wormy fruit.
    (c) Free from serious damage caused by:
    (1) Ammoniation;
    (2) Bruises;
    (3) Buckskin;
    (4) Caked melanose;
    (5) Dirt or other foreign material;
    (6) Disease;
    (7) Dryness or mushy condition;
    (8) Green spots;
    (9) Hail;
    (10) Insects;
    (11) Oil spots;
    (12) Scab;
    (13) Scale;
    (14) Scars;
    (15) Skin breakdown;
    (16) Sprayburn;
    (17) Sprouting;
    (18) Sunburn;
    (19) Thorn scratches; and,
    (20) Other means.
    (d) For tolerances see Sec.  51.760.



Sec.  51.758  U.S. No. 2 Russet.

    The requirements for this grade are the same as for U.S. No. 2 
except that at least 10 percent of the fruit shall have more than one-
half of their surface, in the aggregate, affected by any type of 
discoloration. For tolerances see Sec.  51.760.



Sec.  51.759  U.S. No. 3.

    ``U.S. No. 3'' consists of grapefruit which meet the following 
requirements:
    (a) Basic requirements:
    (1) Mature;
    (2) Misshapen;
    (3) Poorly colored;
    (4) Rough texture, not seriously bumpy;
    (5) Similar varietal characteristics; and,
    (6) Slightly spongy.
    (b) Free from:
    (1) Decay;
    (2) Unhealed skin breaks; and,
    (3) Wormy fruit.
    (c) Free from very serious damage caused by:
    (1) Ammoniation;
    (2) Bruises;
    (3) Buckskin;
    (4) Caked melanose;
    (5) Disease;
    (6) Dryness or mushy condition;
    (7) Hail;
    (8) Insects;
    (9) Oil spotting;
    (10) Scab;
    (11) Scale;
    (12) Scars;
    (13) Skin breakdown;
    (14) Sprayburn;
    (15) Sprouting;
    (16) Sunburn; and,
    (17) Other means.
    (d) For tolerances see Sec.  51.760.

                               Tolerances



Sec.  51.760  Tolerances.

    In order to allow for variations incident to proper grading and 
handling in each of the foregoing grades, the following tolerances, by 
count, based on a minimum 25 count sample, are provided as specified:
    (a) Defects. (1) U.S. Fancy, U.S. No. 1 Bright, U.S. No. 1, U.S. No. 
1 Golden, U.S. No. 1 Bronze, U.S. No. 1 Russet, U.S. No. 2 Bright, U.S. 
No. 2, and U.S. No. 2 Russet.
    (i) For defects at shipping point. \1\ Not more than 10 percent of 
the fruit in any lot may fail to meet the requirements of the specified 
grade: Provided, that included in this amount not more than 5 percent 
shall be allowed for defects causing very serious damage, including in 
this latter amount not more than 1 percent for decay or wormy fruit.
---------------------------------------------------------------------------

    \1\ Shipping point, as used in these standards, means the point of 
origin of the shipment in the producing area or at port of loading for 
ship stores or overseas shipment, or, in the case of shipments from 
outside the continental United States, the port of entry into the United 
States.
---------------------------------------------------------------------------

    (ii) For defects en route or at destination. Not more than 12 
percent of the fruit which fail to meet the requirements of the 
specified grade: Provided, that included in this amount not more than 
the following percentages shall be allowed for defects listed:
    (A) 10 percent for fruit having permanent defects; or,
    (B) 7 percent for defects causing very serious damage, including 
therein not more than 5 percent for very serious damage by permanent 
defects and not

[[Page 369]]

more than 3 percent for decay or wormy fruit.
    (2) U.S. No. 3.
    (i) For defects at shipping point. \1\ Not more than 10 percent of 
the fruit in any lot may fail to meet the requirements of the grade: 
Provided, that included in this amount not more than 1 percent shall be 
for decay or wormy fruit.
    (ii) For defects en route or at destination. Not more than 12 
percent of the fruit which fail to meet the requirements of the grade: 
Provided, that included in this amount not more than the following 
percentages shall be allowed for defects listed:
    (A) 10 percent for fruit having permanent defects; or,
    (B) 3 percent for decay or wormy fruit.
    (b) Discoloration--(1) U.S. No. 1 Bright, U.S. No. 1, U.S. No. 2 
Bright, and U.S. No. 2. Not more than 10 percent of the fruit in any lot 
may fail to meet the requirements relating to discoloration as specified 
in each grade. No sample may have more than 20 percent of the fruit with 
excessive discoloration: And provided further, that the entire lot 
averages within percentage specified.
    (2) U.S. No. 1 Golden. Not more than 30 percent of the fruit shall 
have in excess of one-third of their surface, in the aggregate, affected 
by discoloration, and no part of any tolerance shall be allowed to 
increase this percentage. No sample may have more than 40 percent of the 
fruit with excessive discoloration: And provided further, that the 
entire lot averages within the percentage specified.
    (3) U.S. No. 1 Bronze, and U.S. No. 1 Russet. At least 30 percent of 
the fruit shall have in excess of one-third of the surface, in the 
aggregate, affected by discoloration, and no part of any tolerance shall 
be allowed to reduce this percentage. No sample may have less than 20 
percent of the fruit with required discoloration: And provided further, 
that the entire lot averages within the percentage specified.
    (4) U.S. No. 2 Russet. At least 10 percent of the fruit shall have 
in excess of one-half of the surface, in the aggregate, affected by 
discoloration, and no part of any tolerance shall be allowed to reduce 
this percentage: And provided further, that the entire lot averages 
within the percentage specified.

[61 FR 20703, May 8, 1996, as amended at 61 FR 40290, Aug. 2, 1996; 62 
FR 2897, Jan. 21, 1997]

                        Application of Tolerances



Sec.  51.761  Application of tolerances.

    Individual samples are subject to the following limitations, unless 
otherwise specified in Sec.  51.760. Individual samples shall have not 
more than one and one-half times a specified tolerance of 10 percent or 
more, and not more than double a specified tolerance of less than 10 
percent: Provided, that at least one decayed or wormy fruit may be 
permitted in any sample: And provided further, that the averages for the 
entire lot are within the tolerances specified for the grade.

[62 FR 2897, Jan. 21, 1997]

                                  Size



Sec.  51.762  Size.

    (a) Fruits shall be fairly uniform in size and shall be packed in 
containers according to approved and recognized methods.
    (b) ``Fairly uniform in size'' means that not more than 10 percent 
of the grapefruit per sample may vary more than one-half inch in 
diameter.
    (c) In order to allow for variations incident to proper sizing, not 
more than 10 percent of the samples in any lot may fail to meet the 
requirements of size.

                               Definitions



Sec.  51.763  Similar varietal characteristics.

    Similar varietal characteristics means that the fruits in any 
container are similar in color and shape.



Sec.  51.764  Well colored.

    Well colored means that the fruit has characteristic color for the 
variety with practically no trace of green color.



Sec.  51.765  Firm.

    Firm means that the fruit is not soft, or noticeably wilted or 
flabby, and the skin is not spongy or puffy.

[[Page 370]]



Sec.  51.766  Well formed.

    Well formed means that the fruit has the shape characteristic of the 
variety.



Sec.  51.767  Mature.

    Mature shall have the same meaning assigned the term in the Florida 
Citrus Code, Chapter 601, 1995 Edition, and the Official Rules Affecting 
the Florida Citrus Industry, in effect as of February 12, 1995. These 
grapefruit maturity requirements are contained in the Florida Citrus 
Code, Chapter 601, Florida Statutes, Sections 601.16, 601.17, and 
601.18, 1995 Edition, and the State of Florida Department of Citrus 
Official Rules Affecting the Florida Citrus Industry, Part 1, Chapter 
20-13 Market Classification, Maturity Standards and Processing or 
Packing Restrictions for Hybrids in effect as of February 12, 1995. This 
incorporation by reference was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies 
may be obtained from, Florida Department of Citrus, Post Office Box 148, 
Lakeland, Florida 33802 or copies of both regulations may be inspected 
at USDA, AMS, F&VD, FPB, Standardization Section, Room 2065-S, 14th and 
Independence Ave., Washington, DC 20250 or at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.



Sec.  51.768  Smooth texture.

    Smooth texture means that the skin is thin and smooth for the 
variety and size of the fruit. ``Thin'' means that the skin thickness 
does not average more than \3/8\ inch (9.5 mm), on a central cross 
section, on grapefruit 4\1/8\ inches (104.8 mm) in diameter.



Sec.  51.769  Injury.

    Injury means any specific defect described in Sec.  51.784, Table I; 
or an equally objectionable variation of any one of these defects, any 
other defect, or any combination of defects, which slightly detracts 
from the appearance, or the edible or marketing quality of the fruit.



Sec.  51.770  Discoloration.

    Discoloration means russeting of a light shade of golden brown 
caused by rust mite or other means. Lighter shades of discoloration 
caused by smooth or fairly smooth superficial scars or other means may 
be allowed on a greater area, or darker shades may be allowed on a 
lesser area, provided no discoloration caused by speck-type melanose or 
other means may detract from the appearance of the fruit to a greater 
extent than the shade and amount of discoloration allowed in the grade.



Sec.  51.771  Fairly well colored.

    Fairly well colored means that except for an aggregate area of green 
color which does not exceed the area of a circle 1 inch (25.4 mm) in 
diameter, the characteristic color predominates over the green color.



Sec.  51.772  Fairly smooth texture.

    Fairly smooth texture means that the skin is fairly thin and not 
coarse for the variety and size of the fruit. ``Fairly thin'' means that 
the skin thickness does not average more than \1/2\ inch (12.7 mm), on a 
grapefruit 4\1/8\ inches (104.8 mm) in diameter.



Sec.  51.773  Damage.

    Damage means any specific defect described in Sec.  51.784, Table I; 
or an equally objectionable variation of any one of these defects, any 
other defect, or any combination of defects, which materially detracts 
from the appearance, or the edible or marketing quality of the fruit.



Sec.  51.774  Fairly firm.

    Fairly firm means that the fruit may be slightly soft, but not 
bruised, and the skin is not spongy or puffy.



Sec.  51.775  Slightly misshapen.

    Slightly misshapen means that the fruit has fairly good shape 
characteristic of the variety and is not more than slightly elongated or 
pointed or otherwise deformed.

[[Page 371]]



Sec.  51.776  Slightly rough texture.

    Slightly rough texture means that the skin may be slightly thick but 
not excessively thick, materially ridged or grooved. ``Slightly thick'' 
means that the skin thickness does not average more than \5/8\ inch 
(15.9 mm), on a central cross section, on a grapefruit 4\1/8\ inches 
(104.8 mm) in diameter.



Sec.  51.777  Serious damage.

    Serious damage means any specific defect described in Sec.  51.784, 
Table I; or an equally objectionable variation of any one of these 
defects, any other defect, or any combination of defects, which 
seriously detracts from the appearance, or the edible or marketing 
quality of the fruit.



Sec.  51.778  Slightly colored.

    Slightly colored means that except for an aggregate area of green 
color which does not exceed the area of a circle 2 inches (50.8 mm) in 
diameter, the fruit surface shows some characteristic color.



Sec.  51.779  Poorly colored.

    Poorly colored means that not more than 25 percent of the surface 
may be of a solid dark green color.



Sec.  51.780  Misshapen.

    Misshapen means that the fruit is decidedly elongated, pointed, or 
flatsided.



Sec.  51.781  Slightly spongy.

    Slightly spongy means that the fruit is puffy or slightly wilted but 
not flabby.



Sec.  51.782  Very serious damage.

    Very serious damage means any specific defect described in Sec.  
51.784, Table I; or an equally objectionable variation of any one of 
these defects, any other defect, or any combination of defects, which 
very seriously detracts from the appearance, or the edible or marketing 
quality of the fruit.



Sec.  51.783  Diameter.

    Diameter means the greatest dimension measured at right angles to a 
line from stem to blossom end.



Sec.  51.784  Classification of defects.

                                                     Table I
----------------------------------------------------------------------------------------------------------------
                                                                                                 Very serious
             Factor                     Injury              Damage          Serious damage          damage
----------------------------------------------------------------------------------------------------------------
Ammoniation.....................  ..................  Not occurring as    Scars are cracked   Aggregating more
                                                       light speck type.   or dark and         than 25 percent
                                                                           aggregating more    of the surface.
                                                                           than a circle 1
                                                                           inch (25.4 mm) in
                                                                           diameter.
Bruises.........................  Segment walls are   Segment walls are   Segment walls are   Fruit is split
                                   collapsed, or rag   collapsed, or rag   collapsed, or rag   open, peel is
                                   is ruptured and     is ruptured and     is ruptured and     badly
                                   juice sacs are      juice sacs are      juice sacs are      watersoaked, or
                                   ruptured.           ruptured.           ruptured.           rag is ruptured
                                                                                               and juice sacs
                                                                                               are ruptured
                                                                                               causing a mushy
                                                                                               condition
                                                                                               affecting all
                                                                                               segments more
                                                                                               than \3/4\ inch
                                                                                               (19.1 mm) at
                                                                                               bruised area or
                                                                                               the equivalent of
                                                                                               this amount, by
                                                                                               volume, when
                                                                                               affecting more
                                                                                               than one area on
                                                                                               the fruit.
Buckskin........................  ..................  Aggregating more    Aggregating more    Aggregating more
                                                       than a circle 1-    than 25 percent     than 50 percent
                                                       \1/4\ inches        of the surface.     of the surface.
                                                       (31.8 mm) in
                                                       diameter.
Caked melanose..................  ..................  Aggregating more    Aggregating more    Aggregating more
                                                       than a circle \3/   than a circle 1     than 25 percent
                                                       4\ inch (19.1 mm)   inch (25.4 mm) in   of the surface.
                                                       in diameter.        diameter.

[[Page 372]]

 
Dryness or mushy condition......  ..................  Affecting all       Affecting all       Affecting all
                                                       segments more       segments more       segments more
                                                       than \1/4\ inch     than \1/2\ inch     than \3/4\ inch
                                                       (6.4 mm) at stem    (12.7 mm) at stem   (19.1 mm) at stem
                                                       end, or the         end, or the         end, or the
                                                       equivalent of       equivalent of       equivalent of
                                                       this amount, by     this amount, by     this amount, by
                                                       volume, when        volume, when        volume, when
                                                       occurring in        occurring in        occurring in
                                                       other portions of   other portions of   other portions of
                                                       the fruit.          the fruit.          the fruit.
Green spots.....................  Aggregating more    Aggregating more    Aggregating more    Aggregating more
                                   than a circle \1/   than a circle \3/   than a circle 1     than \1/3\ of the
                                   2\ inch (12.7 mm)   4\ inch (19.1 mm)   inch (25.4 mm) in   surface, caused
                                   in diameter,        in diameter,        diameter, caused    by scale.
                                   caused by scale.    caused by scale.    by scale.
Oil spots.......................  Aggregating more    Aggregating more    Aggregating more    Aggregating more
                                   than a circle \1/   than a circle 1     than a circle 1\1/  than \1/3\ of the
                                   2\ inch (12.7 mm)   inch (25.4 mm) in   2\ inches (38.1     surface.
                                   in diameter.        diameter.           mm) in diameter.
Scab............................  ..................  Materially          Seriously detracts  Aggregating more
                                                       detracts from the   from the shape or   than 25 percent
                                                       shape or texture,   texture, or         of the surface.
                                                       or aggregating      aggregating more
                                                       more than a         than a circle \7/
                                                       circle \3/4\ inch   8\ inch (22.2 mm)
                                                       (19.1 mm) in        in diameter.
                                                       diameter.
Scale...........................  More than a few     Blotch aggregating  Blotch aggregating  Aggregating more
                                   adjacent to the     more than a         more than a         than 25 percent
                                   ``button'' at the   circle \3/4\ inch   circle 1 inch       of the surface.
                                   stem end, or more   (19.1 mm) in        (25.4 mm) in
                                   than 6 scattered    diameter, or        diameter, or
                                   on other portions   occurring as a      occurring as a
                                   of the fruit.       ring more than a    ring more than a
                                                       circle 1\3/4\       circle 1\1/2\
                                                       inches (31.8 mm)    inches (38.1 mm)
                                                       in diameter.        in diameter..
Scars, Hail, or Thorn scratches   Depressed, not      Very deep or very   Very deep or very   Very deep or very
 [For smooth or fairly smooth      smooth, or          rough aggregating   rough aggregating   rough or
 superficial scars see Sec.        detracts from       more than a         more than a         unsightly that
 51.770.].                         appearance more     circle \1/2\ inch   circle 1 inch       appearance is
                                   than the amount     (12.7 mm) in        (25.4 mm) in        very seriously
                                   of discoloration    diameter; deep or   diameter; deep or   affected.
                                   permitted in the    rough aggregating   rough aggregating
                                   grade.              more than a         more than 5
                                                       circle 1 inch       percent of fruit
                                                       (25.4 mm) in        surface; slight
                                                       diameter;           depth or slightly
                                                       slightly rough or   rough aggregating
                                                       of slight depth     more than 15
                                                       aggregating more    percent of fruit
                                                       than 10 percent     surface.
                                                       of fruit surface.
Skin breakdown..................  Aggregating more    Aggregating more    Aggregating more    Aggregating more
                                   than a circle \3/   than a circle \3/   than a circle 1     than 25 percent
                                   8\ inch (9.5 mm)    4\ inch (19.1 mm)   inch (25.4 mm) in   of the surface.
                                   in diameter.        in diameter.        diameter.
Sprayburn.......................  ..................  Aggregating more    Hard and            Aggregating more
                                                       than a circle \3/   aggregating more    than 25 percent
                                                       4\ inch (19.1 mm)   than a circle 1\1/  of the surface.
                                                       in diameter.        2\ inches (38.1
                                                                           mm) in diameter.
Sprouting.......................  ..................  More than six       More than six       More than six
                                                       seeds have          seeds have          seeds have
                                                       sprouts of more     sprouts of more     sprouts of more
                                                       than \1/4\ inch     than \1/2\ inch     than \3/4\ inch
                                                       (6.4 mm) in         (12.7 mm) in        (19.1 mm) in
                                                       length, or more     length, or more     length, or more
                                                       than 3 seeds with   than 3 seeds with   than 3 seeds with
                                                       sprouts over \3/    sprouts over 1      sprouts over 1\1/
                                                       4\ inch (19.1 mm)   inch (25.4 mm) in   4\ inches (31.8
                                                       in length.          length.             mm) in length.
Sunburn.........................  ..................  Skin is flattened,  Skin is hard and    Aggregating more
                                                       dry, darkened, or   affects more than   than 50 percent
                                                       hard and the        one-third of the    of the surface.
                                                       affected area       surface.
                                                       exceeds 25
                                                       percent of the
                                                       surface.
----------------------------------------------------------------------------------------------------------------
Note: All references to area or aggregating area, or length in this standard are based on a grapefruit 4\1/8\
  inches (104.8 mm) in diameter, allowing proportionately greater areas on larger fruit and lesser areas on
  smaller fruit.


[[Page 373]]



Subpart_United States Standards for Grades of Table Grapes (European or 
                           Vinifera Type) \1\
---------------------------------------------------------------------------

    \1\ Packing of the product in conformity with the requirements of 
these standards shall not excuse failure to comply with the provisions 
of the Federal Food, Drug, and Cosmetic Act or with applicable State 
laws and regulations.
---------------------------------------------------------------------------

                                 Grades



Sec.  51.880  U.S. Extra Fancy Table.

    ``U.S. Extra Fancy Table'' consists of bunches of well developed 
grapes of one variety, except when designated as assorted varieties, 
which are uniform in appearance, well colored, and which meet the 
following requirements:
    (a) Basic requirements for berries:
    (1) Mature;
    (2) Firm;
    (3) Firmly attached to capstem;
    (4) Not weak;
    (5) Not shriveled at capstem;
    (6) Not shattered;
    (7) Not split or crushed;
    (8) Not wet.
    (b) Basic requirements for bunches:
    (1) Fairly well filled;
    (2) Not excessively tight for the variety.
    (c) Basic requirements for stems:
    (1) Well developed and strong;
    (2) Not dry and brittle;
    (3) At least yellowish-green in color except for Cardinal, Robin, 
Exotic, and Beauty Seedless varieties.
    (d) Berries free from:
    (1) Decay;
    (2) Waterberry;
    (3) Sunburn;
    (4) Almeria Spot.
    (e) Stems free from:
    (1) Mold;
    (2) Decay.
    (f) Berries not damaged by:
    (1) Any other cause.
    (g) Bunches not damaged by:
    (1) Shot berries;
    (2) Dried berries;
    (3) Other defective berries;
    (4) Trimming away of defective berries;
    (5) Any other cause.
    (h) Stems not damaged by:
    (1) Freezing;
    (2) Any other cause.
    (i) Size:
    (1) For berries: Exclusive of shot berries and dried berries, not 
less than 90 percent, by count, of the berries on each bunch shall have 
the minimum diameters indicated for varieties as follows:
    (i) Ribier, Cardinal, Robin, Exotic, Queen, Italia Muscat, and other 
similar varieties thirteen-sixteenths of an inch.
    (ii) Other varieties eleven-sixteenths of an inch.
    (2) For bunches:
    (i) Not less than one-half pound.
    (j) For tolerances see Sec.  51.886.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981, and amended at 
56 FR 15802, Apr. 18, 1991]



Sec.  51.881  U.S. Extra Fancy Export.

    ``U.S. Extra Fancy Export'' consists of grapes which meet the 
requirements for U.S. Extra Fancy Table and, in addition, meet the 
packaging requirements set forth in Sec.  51.911.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981]



Sec.  51.882  U.S. Fancy Table.

    ``U.S. Fancy Table'' consists of bunches of well developed grapes of 
one variety, except when designated as assorted varieties, which are at 
least reasonably well colored, uniform in appearance when so specified 
in connection with the grade, and which meet the following requirements:
    (a) Basic requirements for berries:
    (1) Mature;
    (2) Firm;
    (3) Firmly attached to capstem;
    (4) Not weak;
    (5) Not shriveled at capstem;
    (6) Not shattered;
    (7) Not split or crushed;
    (8) Not wet.
    (b) Basic requirements for bunches:
    (1) Fairly well filled;
    (2) Not excessively tight for the variety.
    (c) Basic requirements for stems:
    (1) Well developed and strong;
    (2) Not dry and brittle.
    (d) Berries free from:
    (1) Decay;
    (2) Waterberry;
    (3) Sunburn;

[[Page 374]]

    (4) Almeria Spot.
    (e) Stems free from:
    (1) Mold;
    (2) Decay.
    (f) Berries not damaged by:
    (1) Any other cause.
    (g) Bunches not damaged by:
    (1) Shot berries;
    (2) Dried berries;
    (3) Other defective berries;
    (4) Trimming away of defective berries;
    (5) Any other cause.
    (h) Stems not damaged by:
    (1) Freezing;
    (2) Any other cause.
    (i) Size:
    (1) For berries: Exclusive of shot berries and dried berries, the 
following percentages, by count, of the berries on each bunch shall have 
the minimum diameters indicated for varieties as follows:
    (i) For Ribier, Cardinal, Robin, Exotic, Queen, Italia Muscat, and 
other similar varieties, 90 percent shall be at least twelve-sixteenths 
of an inch;
    (ii) For Thompson Seedless, Perlette, Delight, Beauty Seedless, 
Sugraone, Flame Seedless and other seedless varieties, 75 percent shall 
be at least ten-sixteenths of an inch; and,
    (iii) For other varieties 90 percent shall be at least ten-
sixteenths of an inch.
    (2) For bunches:
    (i) Not less than one-fourth pound.
    (j) For tolerances see Sec.  51.886.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981, and amended at 
48 FR 19350, Apr. 29, 1983; 56 FR 15802, Apr. 18, 1991; 64 FR 14576, 
Mar. 26, 1999]



Sec.  51.883  U.S. Fancy Export.

    ``U.S. Fancy Export'' consists of grapes which meet the requirements 
for U.S. Fancy Table, except that bunches shall weigh not less than one-
half pound, and in addition meet the packaging requirements set forth in 
Sec.  51.912.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981, and amended at 
56 FR 15802, Apr. 18, 1991]



Sec.  51.884  U.S. No. 1 Table.

    ``U.S. No. 1 Table'' consists of bunches of well developed grapes of 
one variety, except when designated as assorted varieties, which are at 
least fairly well colored, uniform in appearance when so specified in 
connection with the grade, and which meet the following requirements:
    (a) Basic requirements for berries:
    (1) Mature;
    (2) Firm;
    (3) Firmly attached to capstem;
    (4) Not weak;
    (5) Not materially shriveled at capstem;
    (6) Not shattered;
    (7) Not split or crushed;
    (8) Not wet.
    (b) Basic requirements for bunches:
    (1) Not straggly.
    (c) Basic requirements for stems:
    (1) Not weak, or dry and brittle.
    (d) Berries free from:
    (1) Decay;
    (2) Waterberry;
    (3) Sunburn.
    (e) Stems free from:
    (1) Mold;
    (2) Decay.
    (f) Berries not damaged by:
    (1) Any other cause.
    (g) Bunches not damaged by:
    (1) Shot berries;
    (2) Dried berries;
    (3) Other defective berries;
    (4) Trimming away of defective berries;
    (5) Any other cause.
    (h) Stems not damaged by:
    (1) Freezing;
    (2) Any other cause.
    (i) Size:
    (1) For berries: Exclusive of shot berries and dried berries, 75 
percent, by count, of the berries on each bunch shall have the minimum 
diameters indicated for varieties as follows:
    (i) Thompson Seedless, Perlette, Delight, Beauty Seedless, Sugraone, 
Flame Seedless and other seedless varieties nine-sixteenths of an inch.
    (ii) Other varieties ten-sixteenths of an inch.
    (2) For bunches:
    (i) Not less than one-fourth pound.

[[Page 375]]

    (j) For tolerances see Sec.  51.886.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981, and amended at 
48 FR 19350, Apr. 29, 1983; 56 FR 15802, Apr. 18, 1991; 64 FR 14576, 
Mar. 26, 1999]



Sec.  51.885  U.S. No. 1 Institutional.

    ``U.S. No. 1 Institutional'' grapes must have no less than 95 
percent of the containers in the lot legibly marked ``Institutional 
Pack.'' Further requirements for this grade include grapes which consist 
of clusters and/or bunches of well developed grapes of one variety, 
except when designated as assorted varieties, which are at least fairly 
well colored, uniform in appearance when so specified in connection with 
the grade, and which meet the following requirements:
    (a) Basic requirements for berries:
    (1) Mature;
    (2) Firm;
    (3) Firmly attached to capstem;
    (4) Not weak;
    (5) Not materially shriveled at capstem;
    (6) Not shattered;
    (7) Not split or crushed;
    (8) Not wet.
    (b) Basic requirements for stems: Not weak, or dry and brittle.
    (c) Berries free from:
    (1) Decay;
    (2) Waterberry;
    (3) Sunburn.
    (d) Stems free from:
    (1) Mold;
    (2) Decay.
    (e) Berries not damaged by: Any other cause.
    (f) Bunches not damaged by:
    (1) Shot berries;
    (2) Dried berries;
    (3) Other defective berries;
    (4) Any other cause.
    (g) Stems not damaged by:
    (1) Freezing;
    (2) Any other cause.
    (h) Size:
    (1) For berries: Exclusive of shot berries and dried berries, 75 
percent, by count, of the berries on each bunch shall have the minimum 
diameters indicated for varieties as follows:
    (i) Thompson Seedless, Perlette, Delight, Beauty Seedless, Sugraone, 
Flame Seedless and other seedless varieties nine-sixteenths of an inch.
    (ii) Other varieties ten-sixteenths of an inch.
    (2) For clusters/bunches: In this grade grapes shall consist of at 
least a two berry cluster ranging to clusters and/or bunches of grapes 
not greater than five ounces in weight. See section 51.913.
    (i) For tolerances see section 51.886.

[61 FR 11126, Mar. 19, 1996, as amended at 64 FR 14576, Mar. 26, 1999]

                               Tolerances



Sec.  51.886  Tolerances.

    (a) No tolerances are provided in these standards for grapes which 
fail to meet the applicable maturity requirements other than the 
allowances specified in Sec.  51.888 or in the sampling and testing 
procedures of State maturity regulations.
    (b) In order to allow for variations incident to proper grading and 
handling in each of the foregoing grades except U.S. No. 1 
Institutional, tolerances, by weight, other than for maturity, are 
provided as set forth in Tables I and II.

                Table I--Tolerances at Shipping Point \1\
                                [Percent]
------------------------------------------------------------------------
                                                 U.S.
                                                Extra     U.S.     U.S.
                    Factor                      fancy    Fancy    No. 1
                                                table    table    table
------------------------------------------------------------------------
(A) For bunches failing to meet color               10       10       10
 requirements................................
(B) For bunches failing to meet requirements        10       10       10
 for minimum diameter of berries.............
(C) For bunches failing to meet stem color          10
 requirements................................
(D) For offsize bunches and for bunches and          8        8        8
 berries failing to meet the remaining
 requirements for the grade..................
    Including in (D):
        (a) For serious damage...............        2        2        2

[[Page 376]]

 
            And, including in (a):
                (i) For decay................    \1/2\    \1/2\    \1/2\
                                                  of 1     of 1     of 1
------------------------------------------------------------------------
\1\ Shipping Point, as used in these standards, means the point of
  origin of the shipment in the producing area or at port of loading for
  ship stores or overseas shipment, or, in the case of shipments from
  outside the continental United States, the port of entry into the
  United States.


             Table II--Tolerances En Route or at Destination
------------------------------------------------------------------------
 
------------------------------------------------------------------------
(A) For bunches failing to meet color               10       10       10
 requirements................................
(B) For bunches failing to meet requirements        10       10       10
 for minimum diameter of berries.............
(C) For bunches failing to meet stem color          10
 requirements................................
(D) For offsize bunches and for bunches and         12       12       12
 berries failing to meet the remaining
 requirements for the grade..................
    Including in (D):
        (a) For permanent defects............        8        8        8
        (b) For serious damage...............        4        4        4
            And, including in (b):
                (i) For serious damage by            2        2        2
                 permanent defects...........
                (ii) For decay...............        1        1        1
------------------------------------------------------------------------

    (c) In order to allow for variations incident to proper grading and 
handling in the U.S. No. 1 Institutional grade only, tolerances, by 
weight, other than for maturity, are provided as set forth in Tables Ia 
and IIa of this section.

   Table Ia--Tolerances at Shipping Point for U.S. No. 1 Institutional
                             Grade Only \1\
                                [Percent]
------------------------------------------------------------------------
                   Factor                      U.S. No. 1 institutional
------------------------------------------------------------------------
(A) For clusters/bunches failing to meet     10.
 color requirements.
(B) For clusters/bunches failing to meet     10.
 requirements for minimum diameter of
 berries.
(C) For offsize clusters/bunches...........  4.
(D) For clusters/bunches and berries         8.
 failing to meet the remaining requirements
 for the grade.
Including in (D):
  (a) For serious damage...................  2
    And, including in (a):
(i) For decay..............................  \1/2\ of 1.
------------------------------------------------------------------------
\1\Shipping point, as used in these standards, means the point of origin
  of the shipment in the producing area or at port of loading for ship
  stores or overseas shipment, or, in the case of shipments from outside
  the continental United States, the port of entry into the United
  States.


     Table IIa--Tolerances En Route or at Destination for U.S. No. 1
                        Institutional Grade Only
------------------------------------------------------------------------
                                                             U.S. No. 1
                          Factor                           institutional
------------------------------------------------------------------------
(A) For clusters/bunches failing to meet color                     10.
 requirements............................................
(B) For clusters/bunches failing to meet requirements for          10.
 minimum diameter of berries.............................
(C) For offsize clusters/bunches.........................           4.
(D) For clusters/bunches and berries failing to meet the           12.
 remaining requirements for the grade....................
Including in (D):
  (a) For permanent defects..............................           8.
  (b) For serious damage.................................           4.
    And, including in (b):
      (i) For serious damage by permanent defects........           2.
      (ii) For decay.....................................           1.
------------------------------------------------------------------------


[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981, and amended at 
52 FR 22437, June 12, 1987. Redesignated and amended at 56 FR 15802, 
Apr. 18, 1991; 61 FR 11127, Mar. 19, 1996]

                        Application of Tolerances



Sec.  51.887  Application of tolerances.

    The contents of the individual packages in any lot, based on sample 
inspection, are subject to the following

[[Page 377]]

limitations: Provided, That the averages for the entire lot are within 
the tolerances specified for the grade:
    (a) For tolerances of 10 percent or more, individual packages may 
contain not more than one and one-half times the specified tolerance.
    (b) For a tolerance of less than 10 percent, individual packages may 
contain not more than double the specified tolerance.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 
56 FR 15802, Apr. 18, 1991]

                          Maturity Requirements



Sec.  51.888  Maturity requirements.

    (a) In the case of grapes grown in Arizona or California, ``mature'' 
means grapes in any lot shall meet the maturity requirements for the 
variety as set forth in the applicable State Agricultural Laws and 
Regulations referenced in this section. This incorporation by reference 
was approved by the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from, in the 
case of Arizona maturity regulations, Arizona Department of Agriculture, 
Citrus, Fruit and Vegetable Standardization, 1688 W. Adams, Phoenix, AZ 
85007 or in the case of California maturity regulations, California 
Department of Food and Agriculture, Fruit and Vegetable Quality Control, 
Standardization Section, 1220 N Street, P.O. Box 942871, Sacramento, 
California 94271-0001 or copies of both regulations may be inspected at 
USDA, AMS, F&VD, FPB, Standardization Section, Room 2065-S, 14th and 
Independence Avenue, Washington, DC 20250 or at the National Archives 
and Records Administration (NARA). For information on the availability 
of this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.
    (1) Arizona maturity regulations are contained in Chapter 4--Plant 
Services Division, Article 7, Fruit And Vegetable Standardization, 
Section R3-4-733 Table Grape Standards, Effective January 6, 1994.
    (2) California maturity regulations are contained in The California 
Code of Regulations, Title 3, Subchapter 4. Fresh Fruits, Nuts and 
Vegetables, Article 25, Table Grapes and Raisins, November 16, 1996.
    (b) Grapes subject to U.S. import regulations shall meet the 
maturity requirements specified in such regulations.
    (c) Grapes produced in States other than Arizona or California, or 
grapes imported from countries outside the United States during periods 
in which U.S. import regulations do not apply, shall meet the minimum 
percentage of soluble solids set forth in Table III as determined by use 
of a standard hand refractometer.

                                Table III
------------------------------------------------------------------------
                                                                Percent
                                                                   of
                           Variety                              soluble
                                                                 solids
------------------------------------------------------------------------
Muscat.......................................................       17.5
All varieties not listed in this table.......................       16.5
Cardinal, Emperor, Perlette, Ribier, Olivette Blanche, Rish         15.5
 Baba, Red Malaga, and similar varieties.....................
------------------------------------------------------------------------

    (1) The minimum percentage of soluble solids for any lot shall be 
determined from the juice of at least 10 percent, by weight, of whole 
bunches of the least mature grapes in that container which appears to 
have the least mature grapes. No lot shall be considered as failing to 
meet these requirements unless samples from two containers which appear 
to have the least mature grapes test below the required percentage of 
soluble solids.

[48 FR 19350, Apr. 29, 1983, as amended at 52 FR 22437, June 12, 1987. 
Redesignated at 56 FR 15802, Apr. 18, 1991; 61 FR 11127, Mar. 19, 1996; 
64 FR 14577, Mar. 26, 1999]

                               Definitions



Sec.  51.889  Well developed grapes.

    Well developed grapes means grapes which are not abnormally small 
for the variety.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 
56 FR 15802, Apr. 18, 1991]

[[Page 378]]



Sec.  51.890  One variety.

    One variety means that the grapes show similar varietal 
characteristics.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 
56 FR 15802, Apr. 18, 1991]



Sec.  51.891  Uniform in appearance.

    Uniform in appearance means that not more than one-tenth of the 
containers in any lot show sufficient variation in color or size of 
berries to materially detract from the appearance of the contents of the 
individual container, and that the stems are well developed and strong.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 
56 FR 15802, Apr. 18, 1991]



Sec.  51.892  Color terms.

    The color terms well colored, reasonably well colored, and fairly 
well colored are defined in Table IV.

                                                    Table IV
----------------------------------------------------------------------------------------------------------------
             Color terms                   Black varieties           Red varieties           White varieties
----------------------------------------------------------------------------------------------------------------
Well colored (U.S. Extra Fancy)......  Each bunch shall have    Each bunch shall have    No requirement.
                                        not less than 95         not less than 75
                                        percent, by count, of    percent, by count, of
                                        berries showing good     berries showing good
                                        characteristic color.    characteristic color.
                                        \1\                      \1\
Reasonably well colored (U.S. Fancy).  Each bunch shall have    Each bunch shall have    No requirement.
                                        not less than 85         not less than 66\2/3\
                                        percent, by count, of    percent, by count, of
                                        berries showing good     berries showing good
                                        characteristic color.    characteristic color
                                        \1\                      \1\ except the Tokay
                                                                 and Cardinal varieties
                                                                 shall have not less
                                                                 than 75 percent, by
                                                                 count, of berries
                                                                 showing characteristic
                                                                 color. \2\
Fairly well colored (U.S. No. 1).....  Each bunch shall have    Each bunch shall have    No requirement.
                                        not less than 75         not less than 60
                                        percent, by count, of    percent, by count, of
                                        berries showing          berries showing
                                        characteristic color.    characteristic color.
                                        \2\                      \2\
----------------------------------------------------------------------------------------------------------------
\1\ Good characteristic color for black varieties means purple to black except that Ribier or similar varieties
  of grapes shall have at least two-thirds of the surface of the berry showing purple to black color.
For red varieties good characteristic color means at least two-thirds of the surface of the berry is light red
  through dark red color; except, for the Tokay variety pink through dark red, and for the Cardinal variety
  light red through purple shall be permitted.
\2\ Characteristic color for black varieties means reddish-purple to black except that Ribier or similar
  varieties of grapes shall have at least two-thirds of the surface of the berry showing reddish-purple to black
  color.
For red varieties characteristic color means at least two-thirds of the surface of the berry is pink to dark
  red; except, for the Tokay variety light pink through dark red and for the Cardinal variety light pink through
  purple color shall be permitted.


[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 
56 FR 15802, Apr. 18, 1991]



Sec.  51.893  Firm.

    Firm means that the berry does not yield more than slightly to 
moderate pressure and is not flabby or wilted.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 
56 FR 15802, Apr. 18, 1991]



Sec.  51.894  Weak.

    Weak means that individual berries are somewhat translucent, watery 
and soft, may have relatively low sugar content, inferior flavor, or are 
of poor keeping quality.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 
56 FR 15802, Apr. 18, 1991]



Sec.  51.895  Shriveled at capstem.

    Shriveled at capstem means that the berry shows more than slight 
wrinkling of the skin surrounding the capstem.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 
56 FR 15802, Apr. 18, 1991]

[[Page 379]]



Sec.  51.896  Shattered.

    Shattered means that the berry is separated from the bunch and may 
or may not have the capstem attached.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 
56 FR 15802, Apr. 18, 1991]



Sec.  51.897  Wet.

    Wet means that the grapes are wet from moisture from crushed, 
leaking, or decayed berries or from rain. Grapes which are moist from 
dew or other moisture condensation such as that resulting from removing 
grapes from a refrigerator car or cold storage to a warmer location 
shall not be considered as wet.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 
56 FR 15802, Apr. 18, 1991]



Sec.  51.898  Decay.

    Decay means any soft breakdown of the flesh or skin of the berry 
resulting from bacterial or fungus infection. Slight surface development 
of green mold (Cladosporium) shall not be considered decay.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 
56 FR 15802, Apr. 18, 1991]



Sec.  51.899  Waterberry.

    Waterberry means a watery, soft, or flabby condition of the berry. 
Affected berries are low in sugar content, have tender skins, and are 
easily crushed. This is an advanced or more pronounced stage of the 
condition referred to as ``weak''.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated 56 
FR 15802, Apr. 18, 1991]



Sec.  51.900  Sunburn.

    Sunburn means injury to the berry caused by exposure to the sun, 
including ``sulphur burn,'' usually occurring as a sunken and discolored 
or dried area on the exposed surface.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 
56 FR 15802, Apr. 18, 1991]



Sec.  51.901  Damage.

    Damage means any specific defect described in this section; or an 
equally objectionable variation of any one of these defects, or any 
other defect, or any combination of defects which materially detracts 
from the appearance, or the edible or marketing quality of the 
individual berry, the appearance of the bunch as a whole, or the 
marketing quality of the stems.
    (a) The following shall be considered as damage to the individual 
berry:
    (1) Scarring such as that caused by thrips, mildew, rubs, and 
similar injuries when materially detracting from the appearance of the 
berry;
    (2) Discoloration when any light brown, tan, or darker discoloration 
of the skin materially detracts from the appearance of the berry: 
Provided, That ``sunkissed'' berries of the white Malaga variety which 
show discoloration of amber or light brown color shall not be considered 
as damaged. ``Buckskin'' berries of the Tokay variety, and similar 
injury to other varieties, shall be considered as damaged by 
discoloration;
    (3) Heat when the flesh of the berry is affected;
    (4) Almeria Spot when any spot is distinctly sunken or dark in 
color;
    (5) Mildew when active powdery mildew is present;
    (6) Freezing when the berry is frozen or when the flesh of the berry 
is affected by freezing;
    (7) Insect injury when penetrating the skin of the berry or when 
there is noticeable insect infestation on the bunch; when mealybug 
residue or aphis honeydew are present in noticeable amounts; or when 
leafhopper residue materially detracts from the appearance of the 
individual berry or of the bunch.
    (b) The following shall be considered as damage to stems:
    (1) Active powdery mildew or any other disease when present on the 
stems to the extent that it detracts

[[Page 380]]

from the appearance of the bunch or when scars caused by mildew or other 
disease constrict or weaken any part of the main or lateral stems; and,
    (2) Freezing when the stems are frozen or the capstems are swollen 
or dried, or when the main or lateral stems are water-soaked and limp, 
or dried, as a result of freezing.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 
56 FR 15802, Apr. 18, 1991]



Sec.  51.902  Fairly well filled.

    Fairly well filled means that the berries are reasonably closely 
spaced on main and lateral stems and that the bunch is not very loose or 
stringy.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 
56 FR 15802, Apr. 18, 1991]



Sec.  51.903  Excessively tight.

    Excessively tight means that the berries are so wedged together that 
the bunch is extremely compact for the variety and resulting distorted 
berries materially detract from the appearance of the bunch.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 
56 FR 15802, Apr. 18, 1991]



Sec.  51.904  Shot berries.

    Shot berries means very small berries resulting from insufficient 
pollination, usually seedless in those varieties which normally develop 
seeds.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 
56 FR 15802, Apr. 18, 1991]



Sec.  51.905  Dried berries.

    Dried berries means berries which are dry and shriveled to the 
extent that practically no moisture is present.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 
56 FR 15802, Apr. 18, 1991]



Sec.  51.906  Well developed and strong.

    Well developed and strong means that the main and lateral stems are 
firm, fibrous, and pliable; not distinctly immature or spindly or 
threadlike at time of packing.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 
56 FR 15802, Apr. 18, 1991]



Sec.  51.907  Diameter.

    Diameter means the greatest dimension of the berry taken at right 
angles to a line running from the stem to the blossom end.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 
56 FR 15802, Apr. 18, 1991]



Sec.  51.908  Serious damage.

    Serious damage means any defect or any combination of defects which 
seriously detracts from the appearance, or the edible or marketing 
quality of the grapes and includes berries which are split, crushed, 
wet, affected by decay or waterberry, or affected by heat or freezing. 
Grapes which show healed cracks at the blossom and shall not be 
considered as seriously damaged.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 
56 FR 15802, Apr. 18, 1991]



Sec.  51.909  Materially shriveled at capstem.

    Materially shriveled at capstem means that the skin of the berry is 
definitely wrinkled adjacent to the capstem and the surface is 
materially sunken.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 
56 FR 15802, Apr. 18, 1991]



Sec.  51.910  Straggly.

    Straggly means that the berries are so widely spaced on main and 
laterial stems that the bunch is distinctly open or very stemmy or 
stringy in structure.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 
56 FR 15802, Apr. 18, 1991]

[[Page 381]]



Sec.  51.911  Container.

    Container as used in these standards shall, for the purposes of 
determining maturity and other factors of grade of grapes in packages 
containing 5 pounds or less, mean the master container in which the 
individual packages are packed for shipment.

[52 FR 22437, June 12, 1987. Redesignated at 56 FR 15802, Apr. 18, 1991]



Sec.  51.912  Export.

    When designated as Export, grapes shall be packed with any of the 
customary protective materials such as cushions, liners, or wraps, or 
properly packed in sawdust or granulated cork. The so-called ``semi-
sawdust packs'' which are cushioned and/or covered with sawdust are not 
approved as protective packaging for export.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 
56 FR 15802, Apr. 18, 1991]



Sec.  51.913  Clusters.

    Clusters as used in these standards in reference to the U.S. No. 1 
Institutional grade only shall be defined as two or more berries sharing 
a common point of attachment.

[61 FR 11127, Mar. 19, 1996]

                         Metric Conversion Table



Sec.  51.914  Metric conversion table.

------------------------------------------------------------------------
                                                             Millimeters
                           Inches                                (mm)
------------------------------------------------------------------------
\3/16\ equals..............................................         12.7
\9/16\ equals..............................................         14.3
\10/16\ equals.............................................         15.9
\11/16\ equals.............................................         17.5
\12/16\ equals.............................................         19.1
\13/16\ equals.............................................         20.6
\14/16\ equals.............................................         22.2
\15/16\ equals.............................................         28.8
1 equals...................................................         25.4
------------------------------------------------------------------------


------------------------------------------------------------------------
                           Pounds                               Grams
------------------------------------------------------------------------
\1/4\ equals...............................................        113.4
\1/2\ equals...............................................        226.8
\3/4\ equals...............................................        340.2
1 equals...................................................        453.6
2 equals...................................................        907.2
3 equals...................................................      1,360.8
4 equals...................................................      1,814.4
5 equals...................................................      2,268.0
10 equals..................................................      4,536.0
------------------------------------------------------------------------


[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 
56 FR 15802, Apr. 18, 1991, and further redesignated at 61 FR 11127, 
Mar. 19, 1996]



   Subpart_United States Standards for Grades of Florida Oranges and 
                                Tangelos

    Source: 61 FR 20708, May 8, 1996, unless otherwise noted.

                                 General



Sec.  51.1140  General.

    The standards contained in this subpart apply only to the common or 
sweet orange group and varieties and hybrids of varieties belonging to 
the Mandarin group, except tangerines, and to the citrus fruit commonly 
known as ``tangelo''--a hybrid between tangerine or mandarin orange 
(citrus reticulata) with either the grapefruit or pomelo (C. paradisi 
and C. grandis). Separate U.S. standards apply to tangerines. The 
standards for internal quality contained in Sec. Sec.  51.1176 through 
51.1179 apply only to common sweet oranges (citrus sinensis (L) Osbeck).

                                 Grades



Sec.  51.1141  U.S. Fancy.

    ``U.S. Fancy'' consists of oranges which meet the following 
requirements:
    (a) Basic requirements:
    (1) Discoloration: Not more than one-tenth of the surface, in the 
aggregate, may be affected by discoloration. (See Sec.  51.1161.);
    (2) Firm;
    (3) Mature;
    (4) Similar varietal characteristics;
    (5) Smooth texture;
    (6) Well colored; and,
    (7) Well formed.
    (b) Free from:
    (1) Ammoniation;
    (2) Buckskin;
    (3) Caked melanose;
    (4) Creasing;
    (5) Decay;
    (6) Scab;
    (7) Split navels;
    (8) Sprayburn;
    (9) Undeveloped segments;

[[Page 382]]

    (10) Unhealed skin breaks; and,
    (11) Wormy fruit.
    (c) Free from injury caused by:
    (1) Bruises;
    (2) Green spots;
    (3) Oil spots;
    (4) Rough, wide or protruding navels;
    (5) Scale;
    (6) Scars;
    (7) Skin breakdown; and,
    (8) Thorn scratches.
    (d) Free from damage caused by:
    (1) Dirt or other foreign material;
    (2) Disease;
    (3) Dryness or mushy condition;
    (4) Hail;
    (5) Insects;
    (6) Riciness or woodiness;
    (7) Sunburn; and,
    (8) Other means.
    (e) For tolerances see Sec.  51.1151.
    (f) Internal quality: Lots meeting the internal requirements for 
``U.S. Grade AA Juice (Double A)'' or ``U.S. Grade A Juice'' may be so 
specified in connection with the grade. (See Sec. Sec.  51.1176-
51.1179.)



Sec.  51.1142  U.S. No. 1 Bright.

    The requirements for this grade are the same as for U.S. No. 1 
except that fruit shall have not more than one-fifth of its surface, in 
the aggregate, affected by discoloration.
    (a) For tolerances see Sec.  51.1151.
    (b) Internal quality: Lots meeting the internal requirements for 
``U.S. Grade AA Juice (Double A)'' or ``U.S. Grade A Juice'' may be so 
specified in connection with the grade. (See Sec. Sec.  51.1176-
51.1179.)



Sec.  51.1143  U.S. No. 1.

    ``U.S. No. 1'' consists of oranges which meet the following 
requirements:
    (a) Basic requirements:
    (1) Color;
    (i) Early and midseason varieties shall be fairly well colored.
    (ii) For Valencia and other late varieties, not less than 50 
percent, by count, shall be fairly well colored and the remainder 
reasonably well colored.
    (2) Discoloration: Not more than one-third of the surface, in the 
aggregate, may be affected by discoloration. (See Sec.  51.1161.);
    (3) Fairly smooth texture;
    (4) Firm;
    (5) Mature;
    (6) Similar varietal characteristics; and,
    (7) Well formed.
    (b) Free from:
    (1) Decay;
    (2) Unhealed skin breaks; and,
    (3) Wormy fruit.
    (c) Free from damage caused by:
    (1) Ammoniation;
    (2) Bruises;
    (3) Buckskin;
    (4) Caked melanose;
    (5) Creasing;
    (6) Dirt or other foreign material;
    (7) Disease;
    (8) Dryness or mushy condition;
    (9) Green spots;
    (10) Hail;
    (11) Insects;
    (12) Oil spots;
    (13) Riciness or woodiness;
    (14) Scab;
    (15) Scale;
    (16) Scars;
    (17) Skin breakdown;
    (18) Split, rough or protruding navels;
    (19) Sprayburn;
    (20) Sunburn;
    (21) Thorn scratches; and,
    (22) Other means.
    (d) For tolerances see Sec.  51.1151.
    (e) Internal quality: Lots meeting the internal requirements for 
``U.S. Grade AA Juice (Double A)'' or ``U.S. Grade A Juice'' may be so 
specified in connection with the grade. (See Sec. Sec.  51.1176-
51.1179.)



Sec.  51.1144  U.S. No. 1 Golden.

    The requirements for this grade are the same as for U.S. No. 1 
except that not more than 30 percent, by count, of the fruit shall have 
more than one-third of their surface, in the aggregate, affected by 
discoloration.
    (a) For tolerances see Sec.  51.1151.
    (b) Internal quality: Lots meeting the internal requirements for 
``U.S. Grade AA Juice (Double A)'' or ``U.S. Grade A Juice'' may be so 
specified in connection with the grade. (See Sec. Sec.  51.1176-
51.1179.)



Sec.  51.1145  U.S. No. 1 Bronze.

    The requirements for this grade are the same as for U.S. No. 1 
except at least 30 percent, by count, of the fruit

[[Page 383]]

shall have more than one-third of their surface, in the aggregate, 
affected by discoloration. The predominating discoloration on each fruit 
shall be of rust mite type.
    (a) For tolerances see Sec.  51.1151.
    (b) Internal quality: Lots meeting the internal requirements for 
``U.S. Grade AA Juice (Double A)'' or ``U.S. Grade A Juice'' may be so 
specified in connection with the grade. (See Sec. Sec.  51.1176-
51.1179.)



Sec.  51.1146  U.S. No. 1 Russet.

    The requirements for this grade are the same as for U.S. No. 1 
except that at least 30 percent, by count, of the fruit shall have more 
than one-third of their surface, in the aggregate, affected by any type 
of discoloration.
    (a) For tolerances see Sec.  51.1151.
    (b) Internal quality: Lots meeting the internal requirements for 
``U.S. Grade AA Juice (Double A)'' or ``U.S. Grade A Juice'' may be so 
specified in connection with the grade. (See Sec. Sec.  51.1176-
51.1179.)



Sec.  51.1147  U.S. No. 2 Bright.

    The requirements for this grade are the same as for U.S. No. 2 
except that fruit shall have not more than one-fifth of its surface, in 
the aggregate, affected by discoloration.
    (a) For tolerances see Sec.  51.1151.
    (b) Internal quality: Lots meeting the internal requirements for 
``U.S. Grade AA Juice (Double A)'' or ``U.S. Grade A Juice'' may be so 
specified in connection with the grade. (See Sec. Sec.  51.1176-
51.1179.)



Sec.  51.1148  U.S. No. 2.

    ``U.S. No. 2'' consists of oranges which meet the following 
requirements:
    (a) Basic requirements:
    (1) Discoloration: Not more than one-half of the surface, in the 
aggregate, may be affected by discoloration. (See Sec.  51.1161.)
    (2) Fairly firm;
    (3) Mature;
    (4) Reasonably well colored;
    (5) Similar varietal characteristics;
    (6) Not more than slightly misshapen; and
    (7) Not more than slightly rough texture.
    (b) Free from:
    (1) Decay;
    (2) Unhealed skin breaks; and
    (3) Wormy fruit.
    (c) Free from serious damage caused by:
    (1) Ammoniation;
    (2) Bruises;
    (3) Buckskin;
    (4) Caked melanose;
    (5) Creasing;
    (6) Dirt or other foreign material;
    (7) Disease;
    (8) Dryness or mushy condition;
    (9) Green spots;
    (10) Hail;
    (11) Insects;
    (12) Oil spots;
    (13) Riciness or woodiness;
    (14) Scab;
    (15) Scale;
    (16) Scars;
    (17) Skin breakdown;
    (18) Split, rough or protruding navels;
    (19) Sprayburn;
    (20) Sunburn;
    (21) Thorn scratches; and
    (22) Other means.
    (d) For tolerances see Sec.  51.1151.
    (e) Internal quality: Lots meeting the internal requirements for 
``U.S. Grade AA Juice (Double A)'' or ``U.S. Grade A Juice'' may be so 
specified in connection with the grade. (See Sec. Sec.  51.1176-
51.1179.)



Sec.  51.1149  U.S. No. 2 Russet.

    The requirements for this grade are the same as for U.S. No. 2 
except that at least 10 percent of the fruit shall have more than one-
half of their surface, in the aggregate, affected by any type of 
discoloration.
    (a) For tolerances see Sec.  51.1151.
    (b) Internal quality: Lots meeting the internal requirements for 
``U.S. Grade AA Juice (Double A)'' or ``U.S. Grade A Juice'' may be so 
specified in connection with the grade. (See Sec. Sec.  51.1176-
51.1179.)



Sec.  51.1150  U.S. No. 3.

    ``U.S. No. 3'' consists of oranges which meet the following 
requirements:
    (a) Basic requirements:
    (1) Mature;
    (2) Misshapen;
    (3) Poorly colored;

[[Page 384]]

    (4) Rough texture, not seriously lumpy;
    (5) Similar varietal characteristics; and
    (6) Slightly spongy.
    (b) Free from:
    (1) Decay;
    (2) Unhealed skin breaks; and
    (3) Wormy fruit.
    (c) Free from very serious damage caused by:
    (1) Ammoniation;
    (2) Bruises;
    (3) Buckskin;
    (4) Caked melanose;
    (5) Creasing;
    (6) Disease;
    (7) Dryness or mushy condition;
    (8) Hail;
    (9) Insects;
    (10) Riciness or woodiness;
    (11) Scab;
    (12) Scale;
    (13) Scars;
    (14) Skin breakdown;
    (15) Split navels;
    (16) Sprayburn;
    (17) Sunburn; and
    (18) Other means.
    (d) For tolerances see Sec.  51.1151.
    (e) Internal quality: Lots meeting the internal requirements for 
``U.S. Grade AA Juice (Double A)'' or ``U.S. Grade A Juice'' may be so 
specified in connection with the grade. (See Sec. Sec.  51.1176-
51.1179.)

                               Tolerances



Sec.  51.1151  Tolerances.

    In order to allow for variations incident to proper grading and 
handling in each of the foregoing grades, the following tolerances, by 
count, based on a minimum 25 count sample, are provided as specified:
    (a) Defects. (1) U.S. Fancy, U.S. No. 1 Bright, U.S. No. 1, U.S. No. 
1 Golden, U.S. No. 1 Bronze, U.S. No. 1 Russet, U.S. No. 2 Bright, U.S. 
No. 2, and U.S. No. 2 Russet grades.
    (i) For defects at shipping point.\1\ Not more than 10 percent of 
the fruit in any lot may fail to meet the requirements of the specified 
grade: Provided, that included in this amount not more than 5 percent 
shall be allowed for defects causing very serious damage, including in 
this latter amount not more than 1 percent for decay or wormy fruit.
---------------------------------------------------------------------------

    \1\ Shipping point, as used in these standards, means the point of 
origin of the shipment in the producing area or at port of loading for 
ship stores or overseas shipment, or, in the case of shipments from 
outside the continental United States, the port of entry into the United 
States.
---------------------------------------------------------------------------

    (ii) For defects en route or at destination. Not more than 12 
percent of the fruit which fail to meet the requirements of the 
specified grade: Provided, that included in this amount not more than 
the following percentages shall be allowed for defects listed:
    (A) 10 percent for fruit having permanent defects; or,
    (B) 7 percent for defects causing very serious damage, including 
therein not more than 5 percent for very serious damage by permanent 
defects and not more than 3 percent for decay or wormy fruit.
    (2) U.S. No. 3.
    (i) For defects at shipping point.\1\ Not more than 10 percent of 
the fruit in any lot may fail to meet the requirements of the grade: 
Provided, that included in this amount not more than 1 percent shall be 
for decay or wormy fruit.
    (ii) For defects en route or at destination. Not more than 12 
percent of the fruit which fail to meet the requirements of the grade: 
Provided, that included in this amount not more than the following 
percentages shall be allowed for defects listed:
    (A) 10 percent for fruit having permanent defects; or,
    (B) 3 percent for decay or wormy fruit.
    (b) Discoloration--(1) U.S. No. 1 Bright, U.S. No. 1, U.S. No. 2 
Bright, and U.S. No. 2. Not more than 10 percent of the fruit in any lot 
may fail to meet the requirements relating to discoloration as specified 
in each grade. No sample may have more than 20 percent of the fruit with 
excessive discoloration: And provided further, that the entire lot 
averages within the percentage specified.
    (2) U.S. No. 1 Golden. Not more than 30 percent of the fruit shall 
have in excess of one-third of their surface, in the aggregate, and no 
part of any tolerance shall be allowed to increase this percentage. No 
sample may have more

[[Page 385]]

than 40 percent of the fruit with excessive discoloration: And provided 
further, that the entire lot averages within the percentage specified.
    (3) U.S. No. 1 Bronze, and U.S. No. 1 Russet. At least 30 percent of 
the fruit shall have in excess of one-third of the surface, in the 
aggregate, affected by discoloration, and no part of any tolerance shall 
be allowed to reduce this percentage. No sample may have less than 20 
percent of the fruit with required discoloration: And provided further, 
that the entire lot averages within the percentage specified.
    (4) U.S. No. 2 Russet. At least 10 percent of the fruit shall have 
in excess of one-half of the surface, in the aggregate, affected by 
discoloration, and no part of any tolerance shall be allowed to reduce 
this percentage: And provided further, that the entire lot averages 
within the percentage specified.

[61 FR 20708, May 8, 1996, as amended at 61 FR 40290, Aug. 2, 1996; 62 
FR 2897, Jan. 21, 1997]

                        Application of Tolerances



Sec.  51.1152  Application of tolerances.

    Individual samples are subject to the following limitations, unless 
otherwise specified in Sec.  51.1151. Individual samples shall have not 
more than one and one-half times a specified tolerance of 10 percent or 
more, and not more than double a specified tolerance of less than 10 
percent: Provided, that at least one decayed or wormy fruit may be 
permitted in any sample: And provided further, that the averages for the 
entire lot are within the tolerances specified for the grade.

[62 FR 2897, Jan. 21, 1997]

                                  Size



Sec.  51.1153  Size.

    (a) Fruits shall be fairly uniform in size and shall be packed in 
containers according to approved and recognized methods.
    (b) ``Fairly uniform in size'' means that not more than 10 percent 
of the oranges per sample may vary more than one-half inch in diameter.
    (c) In order to allow for variations incident to proper sizing, not 
more than 10 percent of the samples in any lot may fail to meet the 
requirements of size.

                               Definitions



Sec.  51.1154  Similar varietal characteristics.

    Similar varietal characteristics means that the fruits in any 
container are similar in color and shape.



Sec.  51.1155  Well colored.

    Well colored as applied to common oranges and tangelos means that 
the fruit has characteristic color for the variety with practically no 
trace of green color.



Sec.  51.1156  Firm.

    Firm as applied to common oranges and tangelos means that the fruit 
is not soft, or noticeably wilted or flabby; as applied to oranges of 
the Mandarin group (Satsumas, King, Mandarin), ``firm'' means that the 
fruit is not extremely puffy, although the skin may be slightly loose.



Sec.  51.1157  Well formed.

    Well formed means that the fruit has the shape characteristic of the 
variety.



Sec.  51.1158  Mature.

    Mature shall have the same meaning assigned the term in the Florida 
Citrus Code, Chapter 601, 1995 Edition, and the Official Rules Affecting 
the Florida Citrus Industry, in effect as of February 12, 1995. These 
orange maturity requirements are contained in the Florida Citrus Code, 
Chapter 601, Florida Statutes, Sections 601.19, and 601.20, 1995 
Edition, and the State of Florida Department of Citrus Official Rules 
Affecting the Florida Citrus Industry, Part 1, Chapter 20-13 Market 
Classification, Maturity Standards and Processing or Packing 
Restrictions for Hybrids in effect as of February 12, 1995. This 
incorporation by reference was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies 
may be obtained from, Florida Department of Citrus, Post Office Box 148, 
Lakeland, Florida 33802 or copies of both regulations may be inspected 
at USDA, AMS, F&VD, FPB, Standardization Section, Room 2065-S, 14th and 
Independence

[[Page 386]]

Ave., Washington, DC 20250 or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal_register/code_of_federal_regulations/ibr_locations.html.



Sec.  51.1159  Smooth texture.

    Smooth texture means that the skin is thin and smooth for the 
variety and size of the fruit.



Sec.  51.1160  Injury.

    Injury means any specific defect described in Sec.  51.1175, Table 
I; or an equally objectionable variation of any one of these defects, 
any other defect, or any combination of defects which slightly detracts 
from the appearance, or the edible or marketing quality of the fruit.



Sec.  51.1161  Discoloration.

    Discoloration means russeting of a light shade of golden brown 
caused by rust mite or other means. Lighter shades of discoloration 
caused by smooth or fairly smooth superficial scars or other means may 
be allowed on a greater area, or darker shades may be allowed on a 
lesser area, provided no discoloration caused by speck type melanose or 
other means may detract from the appearance of the fruit to a greater 
extent than the shade and amount of discoloration allowed for the grade.



Sec.  51.1162  Fairly smooth texture.

    Fairly smooth texture means that the skin is fairly thin and not 
coarse for the variety and size of the fruit.



Sec.  51.1163  Damage.

    Damage means any specific defect described in Sec.  51.1175, Table 
I; or an equally objectionable variation of any one of these defects, 
any other defect, or any combination of defects, which materially 
detracts from the appearance, or the edible or marketing quality of the 
fruit.



Sec.  51.1164  Fairly well colored.

    Fairly well colored as applied to common oranges and tangelos means 
that except for an aggregate area of green color which does not exceed 
the area of a circle 1 inch (25.4 mm) in diameter, the characteristic 
color predominates over the green color.



Sec.  51.1165  Reasonably well colored.

    Reasonably well colored as applied to common oranges means that the 
characteristic color predominate over the green color on at least two-
thirds of the fruit surface, in the aggregate.



Sec.  51.1166  Poorly colored.

    Poorly colored as applied to common oranges means that not more than 
25 percent of the surface may be solid dark green color.



Sec.  51.1167  Fairly firm.

    Fairly firm as applied to common oranges and tangelos, means that 
the fruit may be slightly soft, but not bruised; as applied to oranges 
of the Mandarin group (Satsumas, King, Mandarin), means that the skin of 
the fruit is not extremely puffy or extremely loose.



Sec.  51.1168  Slightly misshapen.

    Slightly misshapen means that the fruit is not of the shape 
characteristic of the variety but is not appreciably elongated or 
pointed or otherwise deformed.



Sec.  51.1169  Slightly rough texture.

    Slightly rough texture means that the skin is not of smooth texture 
but is not materially ridged, grooved, or wrinkled.



Sec.  51.1170  Serious damage.

    Serious damage means any specific defect described in Sec.  51.1175, 
Table I; or an equally objectionable variation of any one of these 
defects, any other defect, or any combination of defects, which 
seriously detracts from the appearance, or the edible or marketing 
quality of the fruit.



Sec.  51.1171  Misshapen.

    Misshapen means that the fruit is decidedly elongated, pointed or 
flatsided.

[[Page 387]]



Sec.  51.1172  Slightly spongy.

    Slightly spongy means that the fruit is puffy or slightly wilted but 
not flabby.



Sec.  51.1173  Very serious damage.

    Very serious damage means any specific defect described in Sec.  
51.1175, Table I; or an equally objectionable variation of any one of 
these defects, any other defect, or any combination of defects, which 
very seriously detracts from the appearance, or the edible or marketing 
quality of the fruit.



Sec.  51.1174  Diameter.

    Diameter means the greatest dimension measured at right angles to a 
line from stem to blossom end.



Sec.  51.1175  Classification of defects.

                                                     Table I
----------------------------------------------------------------------------------------------------------------
                                                                                                 Very serious
             Factor                     Injury              Damage          Serious damage          damage
----------------------------------------------------------------------------------------------------------------
Ammoniation.....................  ..................  Not occurring as    Scars are cracked   Aggregating more
                                                       light speck type.   or dark and         than 25 percent
                                                                           aggregating more    of the surface.
                                                                           than a circle \3/
                                                                           4\ inch (19.1 mm)
                                                                           in diameter.
Bruises.........................  Segment walls are   Segment walls are   Segment walls are   Fruit is split
                                   collapsed, or rag   collapsed, or rag   collapsed, or rag   open, peel is
                                   is ruptured and     is ruptured and     is ruptured and     badly
                                   juice sacs are      juice sacs are      juice sacs are      watersoaked, or
                                   ruptured.           ruptured.           ruptured.           rag is ruptured
                                                                                               and juice sacs
                                                                                               are ruptured
                                                                                               causing a mushy
                                                                                               condition
                                                                                               affecting all
                                                                                               segments more
                                                                                               than \3/4\ inch
                                                                                               (19.9 mm) at
                                                                                               bruised area or
                                                                                               the equivalent of
                                                                                               this amount, by
                                                                                               volume, when
                                                                                               affecting more
                                                                                               than one area on
                                                                                               the fruit.
Buckskin........................  ..................  Aggregating more    Aggregating more    Aggregating more
                                                       than a circle 1     than 25 percent     than 50 percent
                                                       inch (25.4 mm) in   of the surface.     of the surface.
                                                       diameter.
Caked melanose..................  ..................  Aggregating more    Aggregating more    Aggregating more
                                                       than a circle \5/   than a circle \3/   than 25 percent
                                                       8\ inch (15.9 mm)   4\ inch (19.1 mm)   of the surface.
                                                       in diameter.        in diameter.
Creasing........................  ..................  Materially weakens  Seriously weakens   Very seriously
                                                       the skin, or        the skin, or        weakens the skin,
                                                       extends over more   extends over more   or is distributed
                                                       than one-third of   than one-half of    over practically
                                                       the surface.        the surface.        the entire
                                                                                               surface.
Dryness or mushy condition......  ..................  Affecting all       Affecting all       Affecting all
                                                       segments more       segments more       segments more
                                                       than \1/4\ inch     than \1/2\ inch     than \3/4\ inch
                                                       (6.4 mm) at stem    (12.7 mm) at stem   (19.1 mm) at stem
                                                       end, or the         end, or the         end, or the
                                                       equivalent of       equivalent of       equivalent of
                                                       this amount, by     this amount, by     this amount, by
                                                       volume, when        volume, when        volume, when
                                                       occurring in        occurring in        occurring in
                                                       other portions of   other portions of   other portions of
                                                       the fruit.          the fruit.          the fruit.
Green spots.....................  Aggregating more    Aggregating more    Aggregating more    Aggregating more
                                   than a circle \3/   than a circle \5/   than a circle \7/   than \1/3\ of the
                                   8\ inch (9.5 mm)    8\ inch (15.9 mm)   8\ inch (22.2 mm)   surface, caused
                                   in diameter,        in diameter,        in diameter,        by scale.
                                   caused by scale.    caused by scale.    caused by scale.
Oil spots.......................  Aggregating more    Aggregating more    Aggregating more    Aggregating more
                                   than a circle \3/   than a circle \7/   than a circle 1\1/  than \1/3\ of the
                                   8\ inch (9.5 mm)    8\ inch (22.2 mm)   4\ inches (31.8     surface.
                                   in diameter.        in diameter.        mm) in diameter.
Scab............................  ..................  Materially          Seriously detracts  Aggregating more
                                                       detracts from the   from the shape or   than 25 percent
                                                       shape or texture,   texture, or         of the surface.
                                                       or aggregating      aggregating more
                                                       more than a         than a circle \3/
                                                       circle \5/8\ inch   4\ inch (19.1 mm)
                                                       (15.9 mm) in        in diameter.
                                                       diameter.

[[Page 388]]

 
Scale...........................  More than a few     Aggregating more    Aggregating more    Aggregating more
                                   adjacent to the     than a circle \5/   than a circle \3/   than 25 percent
                                   ``button'' at the   8\ inch (15.9 mm)   4\ inch (19.1 mm)   of the surface.
                                   stem end, or more   in diameter.        in diameter.
                                   than 6 scattered
                                   on other portions
                                   of the fruit.
Scars, Hail, or Thorn scratches   Depressed, not      Deep or rough       Deep or rough       Deep or rough or
 [For smooth or fairly smooth      smooth, or          aggregating more    aggregating more    unsightly that
 superficial scars see Sec.        detracts from       than a circle \1/   than a circle \1/   appearance is
 51.1161.].                        appearance more     4\ inch (6.4 mm)    2\ inch (12.7 mm)   very seriously
                                   than the amount     in diameter;        in diameter;        affected.
                                   of discoloration    slightly rough      slightly rough
                                   permitted in the    with slight depth   with depth
                                   grade.              aggregating more    aggregating more
                                                       than a circle \7/   than a circle 1\1/
                                                       8\ inch (22.2 mm)   4\ inches (31.8
                                                       in diameter;        mm) in diameter;
                                                       smooth or fairly    smooth or fairly
                                                       smooth with         smooth with
                                                       slight depth        slight depth
                                                       aggregating more    aggregating more
                                                       than a circle 1\1/  than 10 percent
                                                       4\ inches (31.8     of fruit surface.
                                                       mm) in diameter.
Skin breakdown..................  Aggregating more    Aggregating more    Aggregating more    Aggregating more
                                   than a circle \1/   than a circle \1/   than a circle \7/   than 25 percent
                                   4\ inch (6.4 mm)    2\ inch (12.7 mm)   8\ inch (22.2 mm)   of the surface.
                                   in diameter.        in diameter.        in diameter.
Sprayburn.......................  ..................  Aggregating more    Hard and            Aggregating more
                                                       than a circle \5/   aggregating more    than 25 percent
                                                       8\ inch (15.9 mm)   than a circle 1\1/  of the surface.
                                                       in diameter.        2\ inches (38.1
                                                                           mm) in diameter.
Split, rough, protruding navels.  Split is unhealed,  Split is unhealed,  Split is unhealed,  Split is unhealed
                                   or more than \1/    or more than \1/    or more than \1/    or fruit is
                                   8\ inch (3.2 mm)    4\ inch (6.4 mm)    2\ inch (12.7 mm)   seriously
                                   in length, or       in length, or       in length, or two   weakened.
                                   navel protrudes     more than three     or more splits
                                   beyond the          well healed         aggregate more
                                   general contour,    splits, or navel    than 1 inch (25.4
                                   and opening is so   protrudes beyond    mm) in length, or
                                   wide, folded and    the general         navel protrudes
                                   ridged that it      contour, and        beyond general
                                   detracts from the   opening is so       contour, and
                                   appearance.         wide, folded and    opening is so
                                                       ridged that it      wide, folded and
                                                       detracts from       ridged that it
                                                       appearance.         detracts from
                                                                           appearance.
Sunburn.........................  ..................  Skin is flattened,  Skin is hard and    Aggregating more
                                                       dry, darkened, or   affects more than   than 50 percent
                                                       hard and the        one-third of the    of the surface.
                                                       affected area       surface.
                                                       exceeds 25
                                                       percent of the
                                                       surface.
----------------------------------------------------------------------------------------------------------------
Note: All references to area or aggregating area, or length in this standard are based on an orange or tangelo
  2\7/8\ inches (73.0 mm) in diameter, allowing proportionately greater areas on larger fruit and lesser areas
  on smaller fruit.

Standards for Internal Quality of Common Sweet Oranges (Citrus Sinensis 
                               (L) Osbeck)



Sec.  51.1176  U.S. Grade AA Juice (Double A).

    Any lot of oranges, the juice content of which meets the following 
requirements, may be designated ``U.S. Grade AA Juice (Double A)'':
    (a) Each lot of fruit shall contain an average of not less than 5 
gallons (18.9 liters) of juice per standard packed box of 1\3/5\ 
bushels.
    (b) The average juice content for any lot of fruit shall have not 
less than 10 percent total soluble solids, and not less than one-half of 
1 percent anhydrous citric acid, or more than the permissible maximum 
acid specified in Table II of Sec.  51.1178.



Sec.  51.1177  U.S. Grade A Juice.

    Any lot of oranges, the juice content of which meets the following 
requirements, may be designated ``U.S. Grade A Juice'':
    (a) Each lot of fruit shall contain an average of not less than 4\1/
2\ gallons (17.0 liters) of juice per standard packed box of 1\3/5\ 
bushels.

[[Page 389]]

    (b) The average juice content for any lot of fruit shall have not 
less than 9 percent total soluble solids, and not less than one-half of 
1 percent anhydrous citric acid, or more than the permissible maximum 
acid specified in Table II of Sec.  51.1178.



Sec.  51.1178  Maximum anhydrous citric acid permissible for corresponding 
total soluble solids.

    For determining the grade of juice, the maximum permissible 
anhydrous citric acid content in relation to corresponding total soluble 
solids in the fruit is set forth in the following Table II together with 
the minimum ratio of total soluble solids to anhydrous citric acid:

                                Table II
------------------------------------------------------------------------
                                                               Minimum
                                                  Maximum      ratio of
                                                 anhydrous      total
      Total soluble solids (average pct)        citric acid    soluble
                                                  (average    solids to
                                                    pct)      anhydrous
                                                             citric acid
------------------------------------------------------------------------
 9.0..........................................        0.947       9.50-1
 9.1..........................................         .963       9.45-1
 9.2..........................................         .979       9.40-1
 9.3..........................................         .995       9.35-1
 9.4..........................................        1.011       9.30-1
 9.5..........................................        1.027       9.25-1
 9.6..........................................        1.043       9.20-1
 9.7..........................................        1.060       9.15-1
 9.8..........................................        1.077       9.10-1
 9.9..........................................        1.094       9.05-1
10.0..........................................        1.111       9.00-1
10.1..........................................        1.128       8.95-1
10.2..........................................        1.146       8.90-1
10.3..........................................        1.164       8.85-1
10.4..........................................        1.182       8.80-1
10.5..........................................        1.200       8.75-1
10.6..........................................        1.218       8.70-1
10.7..........................................        1.237       8.65-1
10.8..........................................        1.256       8.60-1
10.9..........................................        1.275       8.55-1
11.0..........................................        1.294       8.50-1
11.1..........................................        1.306       8.50-1
11.2..........................................        1.318       8.50-1
11.3..........................................        1.329       8.50-1
11.4..........................................        1.341       8.50-1
11.5..........................................        1.353       8.50-1
11.6..........................................        1.365       8.50-1
11.7..........................................        1.376       8.50-1
11.8..........................................        1.388       8.50-1
11.9..........................................        1.400       8.50-1
12.0..........................................        1.412       8.50-1
12.1..........................................        1.424       8.50-1
12.2..........................................        1.435       8.50-1
12.3..........................................        1.447       8.50-1
12.4..........................................        1.459       8.50-1
12.5..........................................        1.471       8.50-1
12.6..........................................        1.482       8.50-1
12.7..........................................        1.494       8.50-1
12.8..........................................        1.506       8.50-1
12.9..........................................        1.517       8.50-1
13.0..........................................        1.530       8.50-1
13.1..........................................        1.541       8.50-1
13.2..........................................        1.553       8.50-1
13.3..........................................        1.565       8.50-1
13.4..........................................        1.576       8.50-1
13.5..........................................        1.588       8.50-1
13.6..........................................        1.600       8.50-1
13.7..........................................        1.612       8.50-1
13.8..........................................        1.624       8.50-1
13.9..........................................        1.635       8.50-1
14.0..........................................        1.647       8.50-1
14.1..........................................        1.659       8.50-1
14.2..........................................        1.671       8.50-1
14.3..........................................        1.682       8.50-1
14.4..........................................        1.694       8.50-1
14.5..........................................        1.705       8.50-1
14.6..........................................        1.718       8.50-1
14.7..........................................        1.729       8.50-1
14.8..........................................        1.741       8.50-1
14.9..........................................        1.753       8.50-1
15.0..........................................        1.765       8.50-1
15.1..........................................        1.776       8.50-1
15.2..........................................        1.788       8.50-1
15.3..........................................        1.800       8.50-1
15.4..........................................        1.812       8.50-1
15.5..........................................        1.824       8.50-1
15.6 or more..................................  ...........       8.50-1
------------------------------------------------------------------------



Sec.  51.1179  Method of juice extraction.

    The juice used in the determining of solids, acids and juice content 
shall be extracted from representative samples as thoroughly as possible 
with a hand reamer or by such mechanical extractor or extractors as may 
be approved. The juice shall be strained through cheese cloth or other 
approved straining device of extra fine mesh to prevent passage of juice 
cells, pulp, or seeds.



Subpart_United States Standards for Cleaned Virginia Type Peanuts in the 
                                  Shell

    Source: 18 FR 7117, Nov. 11, 1953, unless otherwise noted. 
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 
46 FR 63203, Dec. 31, 1981.

                                 Grades



Sec.  51.1235  U.S. Jumbo Hand Picked.

    U.S. Jumbo Hand Picked shall consist of cleaned Virginia type 
peanuts in the shell which are mature, dry, and free from loose peanut 
kernels, dirt or other foreign material, pops, paper ends, and from 
damage caused by cracked or broken shells, discoloration

[[Page 390]]

or other means. The kernels shall be free from damage from any cause. In 
addition, the peanuts shall not pass through a screen having \37/64\ x 3 
inch perforations. Unless otherwise specified, the unshelled peanuts in 
any lot shall not average more than 176 count per pound.
    (a) In order to allow for variations incident to proper grading and 
handling, the following tolerances, by weight, shall be permitted:
    (1) 10.0 percent total for pops, peanuts having paper ends or 
damaged shells, loose undamaged peanut kernels, and dirt or other 
foreign material, but not more than one-twentieth of this amount, or 0.5 
percent, shall be allowed for dirt or other foreign material.
    (2) 5.0 percent for peanuts which will pass through the prescribed 
screen, but which are free from pops and from peanuts having paper ends 
or damaged shells.
    (3) 3.5 percent for peanuts with damaged kernels, and damaged loose 
kernels.



Sec.  51.1236  U.S. Fancy Hand Picked.

    U.S. Fancy Hand Picked shall consist of cleaned Virginia type 
peanuts in the shell which are mature, dry, and free from loose peanut 
kernels, dirt or other foreign material, pops, paper ends, and from 
damage caused by cracked or broken shells, discoloration or other means. 
The kernels shall be free from damage from any cause. In addition, the 
peanuts shall not pass through a screen having \32/64\ x 3 inch 
perforations. Unless otherwise specified, the unshelled peanuts in any 
lot shall not average more than 225 count per pound.
    (a) In order to allow for variations incident to proper grading and 
handling, the following tolerances, by weight, shall be permitted:
    (1) 11.0 percent total for pops, peanuts having paper ends or 
damaged shells, loose undamaged peanut kernels, and dirt or other 
foreign material, but not more than one twenty-second of this amount, or 
0.5 percent, shall be allowed for dirt or other foreign material.
    (2) 5.0 percent for peanuts which will pass through the prescribed 
screen, but which are free from pops and from peanuts having paper ends 
or damaged shells.
    (3) 4.5 percent for peanuts with damaged kernels, and damaged loose 
kernels.

                              Unclassified



Sec.  51.1237  Unclassified.

    Unclassified shall consist of cleaned Virginia type peanuts in the 
shell which fail to meet the requirements of either of the foregoing 
grades. The term ``unclassified'' is not a grade within the meaning of 
these standards but is provided as a designation to show that no 
definite grade has been applied to the lot.

                               Definitions



Sec.  51.1238  Mature.

    Mature means that the shells are firm and well developed.



Sec.  51.1239  Pops.

    Pops means fully developed shells which contain practically no 
kernels.



Sec.  51.1240  Paper ends.

    Paper ends means peanuts which have very soft and/or very thin ends.



Sec.  51.1241  Damage.

    Damage means any injury or defect which materially affects the 
appearance edible or shipping quality of the individual peanut or the 
lot as a whole. The following shall be considered as damage:
    (a) Cracked or broken shells which have been broken to the extent 
that the kernel within is plainly visible without minute examination and 
with no application of pressure, or the appearance of the individual 
peanut is materially affected.
    (b) Discolored shells which have dark discoloration caused by 
mildew, staining or other means affecting one-half or more of the shell 
surface. Talc powder or other similar material which may have been 
applied to the shells during the cleaning process shall not be removed 
to determine the amount of discoloration beneath, but the peanut shall 
be judged as it appears with the talc.

[[Page 391]]

    (c) Kernels which are rancid or decayed.
    (d) Moldy kernels.
    (e) Kernels showing sprouts extending more than one-eighth inch from 
the end of the kernel.
    (f) Distinctly dirty kernels.
    (g) Kernels which are wormy, or have worm frass adhering, or have 
worm cuts which are more than superficial.
    (h) Kernels which have dark yellow color penetrating the flesh, or 
yellow pitting extending deep into the kernel.



Sec.  51.1242  Count per pound.

    Count per pound means the number of peanuts in a pound. When 
determining the count per pound, one single kernel peanut shall be 
counted as one-half peanut.



      Subpart_United States Standards for Summer and Fall Pears \1\
---------------------------------------------------------------------------

    \1\ Packing of the product in conformity with the requirements of 
these standards shall not excuse failure to comply with the provisions 
of the Federal Food, Drug, and Cosmetic Act.

    Source: 20 FR 5620, Aug. 5, 1955, unless otherwise noted. 
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 
46 FR 63203, Dec. 31, 1981.

                                 General



Sec.  51.1260  General.

    These standards apply to varieties such as Bartlett, Hardy and other 
similar varieties.

                                 Grades



Sec.  51.1261  U.S. No. 1.

    ``U.S. No. 1'' consists of pears of one variety which are mature, 
but not over-ripe, carefully hand-picked, clean, fairly well formed, 
free from decay, internal breakdown, scald, freezing injury, worm holes, 
black end, and from damage caused by hard end, bruises, broken skins, 
russeting, limb- rubs, hail, scars, drought spot, sunburn, sprayburn, 
stings or other insect injury, disease, or mechanical or other means. 
(See Sec. Sec.  51.1265 and 51.1268.)



Sec.  51.1262  U.S. Combination.

    A combination of U.S. No. 1 and U.S. No. 2 may be packed. When such 
a combination is packed, at least 50 percent of the pears in any 
container shall meet the requirements of U.S. No. 1. (See Sec. Sec.  
51.1265 and 51.1268.)



Sec.  51.1263  U.S. No. 2.

    ``U.S. No. 2'' consists of pears of one variety which are mature, 
but not over-ripe, carefully hand-picked, clean, not seriously 
misshapen, free from decay, internal breakdown, scald, freezing injury, 
worm holes, black end, and from damage caused by hard end, or broken 
skins. The pears shall also be free from serious damage caused by 
bruises, russeting, limbrubs, hail, scars, drought spot, sunburn, 
sprayburn, stings or other insect injury, disease, or mechanical or 
other means. (See Sec. Sec.  51.1265 and 51.1268.)

                              Unclassified



Sec.  51.1264  Unclassified.

    ``Unclassified'' consists of pears which have not been classified in 
accordance with any of the foregoing grades. The term ``unclassified'' 
is not a grade within the meaning of these standards, but is provided as 
a designation to show that no grade has been applied to the lot.

                               Tolerances



Sec.  51.1265  Tolerances.

    (a) In order to allow for variations incident to proper grading and 
handling, not more than a total of 10 percent of the pears in any lot 
may fail to meet the requirements of grade: Provided, That not more than 
5 percent shall be seriously damaged by insects, and not more than 1 
percent shall be allowed for decay or internal breakdown.
    (b) When applying the foregoing tolerances to the combination grade 
no part of any tolerance shall be used to reduce the percentage of U.S. 
No. 1 pears required in the combination, but individual containers may 
have not more than 10 percent less than the percentage of U.S. No. 1 
required: Provided, That the entire lot averages within the percentage 
specified.

[[Page 392]]

                        Application of Tolerances



Sec.  51.1266  Application of tolerances.

    (a) The contents of individual packages in the lot, based on sample 
inspection, are subject to the following limitations, provided the 
averages for the entire lot are within the tolerances specified for the 
grade:
    (1) For packages which contain more than 10 pounds, and a tolerance 
of 10 percent or more is provided individual packages in any lot shall 
have not more than one and one-half times the tolerance specified. For 
packages which contain more than 10 pounds and a tolerance of less than 
10 percent is provided, individual packages in any lot shall have not 
more than double the tolerance specified, except that at least one pear 
which is seriously damaged by insects or affected by decay or internal 
breakdown may be permitted in any package.
    (2) For packages which contain 10 pounds or less, individual 
packages in any lot are not restricted as to the percentage of defects 
or off-size: Provided, That not more than four times the tolerance 
specified may be permitted in any package for pears which are seriously 
damaged by insects or affected by decay or internal breakdown except 
that at least one defective pear may be permitted in any package.

                    Basis for Calculating Percentages



Sec.  51.1267  Basis for calculating percentages.

    (a) When the numerical count is marked on the container or when 
pears are packed in a container to weigh 5 pounds or less, percentages 
shall be calculated on the basis of count.
    (b) When the minimum diameter or minimum and maximum diameters are 
marked on a container packed to weigh more than 5 pounds or when the 
pears are jumbled in a container packed to weigh more than 5 pounds, 
percentages shall be calculated on the basis of weight or an equivalent 
basis.

                   Condition After Storage or Transit



Sec.  51.1268  Condition after storage or transit.

    Decay, scald, or other deterioration which may have developed on 
pears after they have been in storage or transit shall be considered as 
affecting condition and not grade.

                              Standard Pack



Sec.  51.1269  Sizing.

    (a) The numerical count, or the minimum size of the pears packed in 
closed containers shall be indicated on the package. The number of pears 
in the box shall not vary more than 3 from the number indicated on the 
box.
    (b) When the numerical count is marked on western standard pear 
boxes the pears shall not vary more than three-eighths inch in their 
transverse diameter for counts 120 or less; one-fourth inch for counts 
135 to 180, inclusive; and three-sixteenths inch for counts 193 or more.
    (c) When the numerical count is marked on western standard half 
boxes or special half boxes packed three tiers deep, the pears shall not 
vary more than three-eighths inch for counts 75 or less; one-fourths 
inch for counts 80 to 110, inclusive; and three-sixteenths inch for 
counts 115 or more.
    (d) When the numerical count is marked on western standard half 
boxes or special half boxes packed two tiers deep, the pears shall not 
vary more than three-eighths inch for counts 50 or less; one-fourth inch 
for counts 55 to 70, inclusive; and three-sixteenths inch for counts 80 
or more.
    (e) When the numerical count is not shown, the minimum size shall be 
plainly stamped, stenciled or otherwise marked on the container in terms 
of whole inches, whole and half inches, whole and quarter inches, or 
whole and eighth inches, as 2\1/2\ inches minimum, 2\1/4\ inches 
minimum, or 2\5/8\ inches minimum, in accordance with the facts. It is 
suggested that both minimum and maximum sizes be marked on the 
container, as 2\1/4\ to 2\3/4\ inches, 2\1/2\ to 2\3/4\ inches, as such 
marking is especially desirable for pears marketed in the export trade.
    (f) ``Size'' means the greatest transverse diameter of the pear 
taken at right angles to a line running from the stem to the blossom 
end.

[[Page 393]]



Sec.  51.1270  Packing.

    (a) Each package shall be packed so that the pears in the shown face 
shall be reasonably representative in size and quality of the contents 
of the package.
    (b) Pears packed in any container shall be tightly packed. All 
packages shall be well filled but the contents shall not show excessive 
or unnecessary bruising because of overfilled packages.
    (c) Pears packed in boxes shall be arranged in containers according 
to the approved and recognized methods with the pears packed lengthwise. 
A bridge shall not be allowed in any standard pack. When wrapped, each 
pear shall be fairly well enclosed by its individual wrapper.
    (d) Pears packed in round stave bushel baskets, tubs or in barrels 
shall be ring faced.



Sec.  51.1271  Tolerances for standard pack.

    (a) In order to allow for variations incident to proper sizing, not 
more than 5 percent of the pears in any lot may fail to meet the size 
requirements: Provided, That when the maximum and minimum sizes are both 
stated, an additional 10 percent tolerance shall be allowed for pears 
which are larger than the maximum size stated.
    (b) In order to allow for variations incident to proper packing, not 
more than 10 percent of the containers in any lot may fail to meet these 
requirements, but no part of this tolerance shall be allowed for bridge 
packs, or for packs with different sizes and arrangements such as layers 
of 195 size and arrangement, and layers of 180 size and arrangement 
packed in the same box.

                               Definitions



Sec.  51.1272  Mature.

    (a) Mature means that the pear has reached the stage of maturity 
which will insure the proper completion of the ripening process.
    (b) Before a mature pear becomes overripe it will show varying 
degrees of firmness, depending upon the stage of the ripening process. 
Therefore, a statement of firmness should be given in order to indicate 
the stage of the ripening process. A description of the ground color 
should also be given.
    (1) The following terms should be used for describing the ground 
color: Green, Light Green, Yellowish Green, and Yellow.
    (2) The following terms should be used for describing the firmness 
of pears:
    (i) Hard means that the flesh of the pear is solid and does not 
yield appreciably even to considerable pressure.
    (ii) Firm means that the flesh of the pear is fairly solid but 
yields somewhat to moderate pressure.
    (iii) Firm ripe means that the flesh of the pear yields readily to 
moderate pressure.
    (iv) Ripe means that the pear is at the stage where it is in its 
most desirable condition for eating.



Sec.  51.1273  Overripe.

    Overripe means dead ripe, very mealy or soft, past commercial 
utility.



Sec.  51.1274  Carefully hand-picked.

    Carefully hand-picked means that the pears do not show evidence of 
rough handling or of having been on the ground.



Sec.  51.1275  Clean.

    Clean means free from excessive dirt, dust, spray residue or other 
foreign material.



Sec.  51.1276  Black end.

    Black end is evidenced by an abnormally deep green color around the 
calyx, or black spots usually occurring on the one-third of the surface 
nearest to the calyx, or by an abnormally shallow calyx cavity.



Sec.  51.1277  Fairly well formed.

    Fairly well formed means that the pear may be slightly abnormal in 
shape but not to an extent which detracts materially from the appearance 
of the fruit.



Sec.  51.1278  Damage.

    Damage means any injury or defect which materially affects the 
appearance, or the edible or shipping quality.
    (a) Hard end shall be considered as damage if the pear shows a 
distinctly constricted protrusion at the blossom

[[Page 394]]

end, or an abnormally yellow color at the blossom end, or an abnormally 
smooth rounded base with little or no depression at the calyx, or if the 
flesh near the calyx is abnormally dry and tough or woody.
    (b) Slight handling bruises and package bruises such as are incident 
to good commercial handling in the preparation of a tight pack shall not 
be considered damage.
    (c) Any pear with one skin break larger than three-sixteenths inch 
in diameter or depth, or with more than one skin break one-eighth inch 
or larger in diameter or depth shall be considered damaged, and scored 
against the grade tolerance. \2\
---------------------------------------------------------------------------

    \2\ The area refers to that of a circle of the specified diameter.
---------------------------------------------------------------------------

    (1) Small inconspicuous skin breaks, less than one-eighth inch in 
diameter or depth, shall not be considered damage. In addition, not more 
than 15 percent of the pears in any container may have not more than one 
skin break from one-eighth inch to three-sixteenths inch, inclusive, in 
diameter or depth. \2\
    (d) Russeting which exceeds the following shall be considered as 
damage:
    (1) On all varieties excessively rough russeting (russeting which 
shows ``frogging'' or slight cracking) when the aggregate area exceeds 
one-half inch in diameter. \2\
    (2) On Bartlett and other smooth-skinned varieties, slightly rough 
russeting, or thick russeting such as is characteristic of frost injury, 
when the aggregate area exceeds three-fourths inch in diameter. \2\
    (3) On Bartlett and other smooth-skinned varieties, smooth solid or 
smooth netlike russeting when the aggregate area exceeds 15 percent of 
the surface.
    (4) On Hardy, Sand and other similar varieties, rough or thick 
russeting such as is characteristic of frost injury, when the aggregate 
area exceeds three-fourths inch in diameter. On any of these varieties 
any amount of characteristic russeting is permitted whether due to 
natural causes such as weather or stimulated by artificial means; leaf 
whips or light limbrubs which resemble and blend into russeted areas 
shall be considered as russet. \2\
    (e) Any one of the following defects or any combination thereof, the 
seriousness of which exceeds the maximum allowed for any one defect, 
shall be considered as damage:
    (1) Any limbrubs which are cracked, softened, or more than slightly 
depressed.
    (2) Black discoloration caused by limbrubs, which exceeds an 
aggregate area of three-eighths inch in diameter. \2\
    (3) Dark brown discoloration or excessive roughness caused by 
limbrubs which exceeds an aggregate area of one-half inch in diameter. 
\2\
    (4) Slightly rough, light colored discoloration caused by limbrubs 
which exceeds an aggregate area of three-fourths inch in diameter. \2\
    (5) Smooth, light colored discoloration caused by limbrubs which 
exceeds an aggregate area of 1 inch in diameter. \2\
    (6) Hail marks or other similar depressions or scars which are not 
shallow or superficial, or where the injury affects an aggregate area of 
more than three-eighths inch in diameter. \2\
    (7) Drought spot when more than one in number, or when the external 
injury exceeds an aggregate area of three-eighths inch in diameter, or 
when the appearance of the flesh is materially affected by corky tissue 
or brownish discoloration. \2\
    (8) Sunburn or sprayburn where the skin is blistered, cracked, or 
shows any light tan or brownish color, or the shape of the pear is 
appreciably flattened, or the flesh is appreciably softened or changed 
in color, except that sprayburn of a russet character shall be 
considered under the definition of russeting.
    (9) Insects: (i) More than two healed codling moth stings, or any 
insect sting which is over three thirty-seconds of an inch in diameter, 
or other insect stings affecting the appearance to an equal extent. \2\
    (ii) Blister mite or canker worm injury which is not shallow or 
superficial, or where the injury affects an aggregate area of more than 
three-eighths inch in diameter. \2\

[[Page 395]]

    (10) Disease: (i) Scab spots which are black and which cover an 
aggregate area of more than one-fourth inch in diameter except that scab 
spots of a russet character shall be considered under the definition of 
russeting.
    (ii) Sooty blotch which is thinly scattered over more than 5 percent 
of the surface, or dark, heavily concentrated spots which affect an area 
of more than three-eighths inch in diameter. \2\
---------------------------------------------------------------------------

    \2\ The area refers to that of a circle of the specified diameter.
---------------------------------------------------------------------------



Sec.  51.1279  Seriously misshapen.

    Seriously misshapen means that the pear is excessively flattened or 
elongated for the variety, or is constricted or deformed so it will not 
cut three fairly uniform good quarters, or is so badly misshapen that 
the appearance is seriously affected.



Sec.  51.1280  Serious damage.

    Serious damage means any injury or defect which seriously affects 
the appearance, or the edible or shipping quality.
    (a) Russeting which in the aggregate exceeds the following shall be 
considered as serious damage:
    (1) On all varieties, excessively rough russeting (russeting which 
shows ``frogging'' or slight cracking) when the aggregate area exceeds 
three-fourths inch in diameter. \2\
    (2) On all varieties, thick russeting such as is characteristic of 
frost injury, 15 percent of the surface.
    (b) Any one of the following defects or combination thereof, the 
seriousness of which exceeds the maximum allowed for any one defect, 
shall be considered as serious damage:
    (1) Limbrubs which are more than slightly cracked, or excessively 
rough limbrubs or dark brown or black discoloration caused by limbrubs 
which exceeds an aggregate area of three-fourths inch in diameter. Other 
limbrubs which affect an aggregate area of more than one-tenth of the 
surface. \2\
    (2) Hail marks or other similar depressions or scars which affect an 
aggregate area of more than three-fourths inch in diameter, or which 
materially deform or disfigure the fruit. \2\
    (3) Drought spot when more than two in number, or where the external 
injury affects an aggregate area of more than three-fourths inch in 
diameter, or when the appearance of the flesh is seriously affected by 
corky tissue or brownish discoloration. \2\
    (4) Sunburn or sprayburn where the skin is blistered, cracked or 
shows any brownish color, or where the shape of the pear is materially 
flattened, or the flesh is softened or materially changed in color, 
except that sprayburn of a russet character shall be considered under 
the definition of russeting.
    (5) Insects: (i) Worm holes. More than three healed codling moth 
stings, of which not more than two may be over three thirty-seconds of 
an inch in diameter, or other insect stings affecting the appearance to 
an equal extent. \2\
    (ii) Blister mite or canker worm injury which affects an aggregate 
area of more than three-fourths inch in diameter or which materially 
deforms or disfigures the fruit. \2\
    (6) Disease: (i) Scab spots which are black and which cover an 
aggregate area of more than one-half inch in diameter, except that scab 
spots of a russet character shall be considered under the definition of 
russeting. \2\
    (ii) Sooty blotch which is thinly scattered over more than 15 
percent of the surface, or dark, heavily concentrated spots which affect 
an area of more than three-fourths inch in diameter. \2\



          Subpart_United States Standards for Winter Pears \1\
---------------------------------------------------------------------------

    \1\ Packing of the product in conformity with the requirements of 
these standards shall not excuse failure to comply with the provisions 
of the Federal Food, Drug, and Cosmetic Act.

    Source: 20 FR 5752, Aug. 10, 1955, unless otherwise noted. 
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 
46 FR 63203, Dec. 31, 1981.

                                 General



Sec.  51.1300  General.

    These standards apply to varieties such as Anjou, Bosc, Winter 
Nelis, Comice, Flemish Beauty and other similar varieties.

[[Page 396]]

                                 Grades



Sec.  51.1301  U.S. Extra No. 1.

    ``U.S. Extra No. 1'' consists of pears of one variety which are 
mature, but not overripe, carefully hand-picked, clean, well formed, 
free from decay, internal breakdown, scald, freezing injury, worm holes, 
black end, hard end, drought spot, and free from injury caused by 
russeting, limbrubs, hail, scars, cork spot, sunburn, sprayburn, stings 
or other insect injury, or mechanical or other means, except that they 
shall be free from damage caused by bruises, broken skins, or disease. 
(See Sec. Sec.  51.1306 and 51.1309.)



Sec.  51.1302  U.S. No. 1.

    ``U.S. No. 1'' consists of pears of one variety which are mature, 
but not over-ripe, carefully hand-picked, clean, fairly well formed, 
free from decay, internal breakdown, scald, freezing injury, worm holes, 
black end, and from damage caused by hard end, bruises, broken skins, 
russeting, limbrubs, hail, scars, cork spot, drought spot, sunburn, 
sprayburn, stings or other insect injury, disease, or mechanical or 
other means. (See Sec. Sec.  51.1306 and 51.1309.)



Sec.  51.1303  U.S. Combination.

    A combination of U.S. No. 1 and U.S. No. 2 may be packed. When such 
a combination is packed, at least 50 percent of the pears in any 
container shall meet the requirements of U.S. No. 1. (See Sec. Sec.  
51.1306 and 51.1309.)



Sec.  51.1304  U.S. No. 2.

    ``U.S. No. 2'' consists of pears of one variety which are mature, 
but not overripe, carefully hand-picked, clean, not seriously misshapen, 
free from decay, internal breakdown, scald, freezing injury, worm holes, 
black end, and from damage caused by hard end, or broken skins. The 
pears shall also be free from serious damage caused by bruises, 
russeting, limbrubs, hail, scars, cork spot, drought spot, sunburn, 
sprayburn, stings or other insect injury, disease, or mechanical or 
other means. (See Sec. Sec.  51.1306 and 51.1309.)

                              Unclassified



Sec.  51.1305  Unclassified.

    ``Unclassified'' consists of pears which have not been classified in 
accordance with any of the foregoing grades. The term ``unclassified'' 
is not a grade within the meaning of these standards, but is provided as 
a designation to show that no grade has been applied to the lot.

                               Tolerances



Sec.  51.1306  Tolerances.

    (a) In order to allow for variations incident to proper grading and 
handling, not more than a total of 10 percent of the pears in any lot 
may fail to meet the requirements of grade: Provided, That not more than 
5 percent shall be seriously damaged by insects, and not more than 1 
percent shall be allowed for decay or internal breakdown.
    (b) When applying the foregoing tolerances to the combination grade 
no part of any tolerance shall be used to reduce the percentage of U. S. 
No. 1 pears required in the combination, but individual containers may 
have not more than 10 percent less than the percentage of U.S. No. 1 
required: Provided, That the entire lot averages within the percentage 
specified.

                        Application of Tolerances



Sec.  51.1307  Application of tolerances.

    (a) The contents of individual packages in the lot, based on sample 
inspection, are subject to the following limitations, provided the 
averages for the entire lot are within the tolerances specified for the 
grade:
    (1) For packages which contain more than 10 pounds, and a tolerance 
of 10 percent or more is provided, individual packages in any lot shall 
have not more than one and one-half times the tolerance specified. For 
packages which contain more than 10 pounds and a tolerance of less than 
10 percent is provided, individual packages in any lot shall have not 
more than double the tolerance specified, except that at least one pear 
which is seriously damaged by insects or affected by decay or internal 
breakdown may be permitted in any package.

[[Page 397]]

    (2) For packages which contain 10 pounds or less, individual 
packages in any lot are not restricted as to the percentage of defects 
or off-size: Provided, That not more than four times the tolerance 
specified may be permitted in any package for pears which are seriously 
damaged by insects or affected by decay or internal breakdown except 
that at least one defective pear may be permitted in any package.

                    Basis for Calculating Percentages



Sec.  51.1308  Basis for calculating percentages.

    (a) When the numerical count is marked in the container or when 
pears are packed in a container to weigh 5 pounds or less, percentages 
shall be calculated on the basis of count.
    (b) When the minimum diameter or minimum and maximum diameters are 
marked on a container packed to weigh more than 5 pounds or when the 
pears are jumbled in a container packed to weigh more than 5 pounds, 
percentages shall be calculated on the basis of weight or an equivalent 
basis.

                   Condition After Storage or Transit



Sec.  51.1309  Condition after storage or transit.

    Decay, scald or other deterioration which may have developed on 
pears after they have been in storage or transit shall be considered as 
affecting condition and not the grade.

                              Standard Pack



Sec.  51.1310  Sizing.

    (a) The numerical count, or the minimum size of the pears packed in 
closed containers shall be indicated on the package. The number of pears 
in the box shall not vary more than 3 from the number indicated on the 
box.
    (b) When the numerical count is marked on western standard pear 
boxes the pears shall not vary more than three-eighths inch in their 
transverse diameter for counts 120 or less; one-fourth inch for counts 
135 to 180, inclusive; and three-sixteenths inch for counts 193 or more.
    (c) When the numerical count is marked on western standard half 
boxes or special half boxes packed three tiers deep, the pears shall not 
vary more than three-eighths inch for coutns 75 or less; one-fourth inch 
for counts 80 to 110, inclusive; and three-sixteenths inch for counts 
115 or more.
    (d) When the numerical count is marked on western standard half 
boxes or special half boxes packed two tiers deep, the pears shall not 
vary more than three-eighths inch for counts 50 or less; one-fourth inch 
for counts 55 to 70, inclusive; and three-sixteenths inch for counts 80 
or more.
    (e) When the numerical count is not shown, the minimum size shall be 
plainly stamped, stenciled or otherwise marked on the container in terms 
of whole inches, whole and half inches, whole and quarter inches, or 
whole and eighth inches, as 2\1/2\ inches minimum, 2\1/4\ inches 
minimum, or 2\5/8\ inches minimum, in accordance with the facts. It is 
suggested that both minimum and maximum sizes be marked on the 
container, as 2\1/4\ to 2\3/4\ inches, 2\1/2\ to 2\3/4\ inches, as such 
marking is especially desirable for pears marketed in the export trade.
    (f) ``Size'' means the greatest transverse diameter of the pear 
taken at right angles to a line running from the stem to the blossom 
end.



Sec.  51.1311  Packing.

    (a) Each package shall be packed so that the pears in the shown face 
shall be reasonably representative in size and quality of the contents 
of the package.
    (b) Pears packed in any container shall be tightly packed. All 
packages shall be well filled but the contents shall not show excessive 
or unnecessary bruising because of overfilled packages.
    (c) Pears packed in boxes shall be arranged in containers according 
to the approved and recognized methods with the pears packed lengthwise. 
A bridge shall not be allowed in any standard pack. When wrapped, each 
pear shall be fairly well enclosed by its individual wrapper.
    (d) Pears packed in round stave bushel baskets, tubs, or in barrels 
shall be ring faced.

[[Page 398]]



Sec.  51.1312  Tolerances for standard pack.

    (a) In order to allow for variations incident to proper sizing, not 
more than 5 percent of the pears in any lot may fail to meet the size 
requirements: Provided, That when the maximum and minimum sizes are both 
stated, an additional 10 percent tolerance shall be allowed for pears 
which are larger than the maximum size stated.
    (b) In order to allow for variations incident to proper packing, not 
more than 10 percent of the containers in any lot may fail to meet these 
requirements but no part of this tolerance shall be allowed for bridge 
packs, or for packs with different sizes and arrangements such as layers 
of 195 size and arrangement, and layers of 180 size and arrangement 
packed in the same box.

                               Definitions



Sec.  51.1313  Mature.

    (a) Mature means that the pear has reached the stage of maturity 
which will insure the proper completion of the ripening process.
    (b) Before a mature pear becomes overripe it will show varying 
degrees of firmness depending upon the stage of the ripening process. 
Therefore, a statement of firmness should be given in order to indicate 
the stage of the ripening process. A description of the ground color 
should also be given.
    (1) The following terms should be used for describing the ground 
color: Green, Light Green, Yellowish Green, and Yellow.
    (2) The following terms should be used for describing the firmness 
of pears:
    (i) Hard means that the flesh of the pear is solid and does not 
yield appreciably even to considerable pressure.
    (ii) Firm means that the flesh of the pear is fairly solid but 
yields somewhat to moderate pressure.
    (iii) Firm ripe means that the flesh of the pear yields readily to 
moderate pressure.
    (iv) Ripe means that the pear is at the stage where it is in its 
most desirable condition for eating.



Sec.  51.1314  Overripe.

    Overripe means dead ripe, very mealy or soft, past commercial 
utility.



Sec.  51.1315  Carefully hand-picked.

    Carefully hand-picked means that the pears do not show evidence of 
rough handling or of having been on the ground.



Sec.  51.1316  Clean.

    Clean means free from excessive dirt, dust, spray residue or other 
foreign material.



Sec.  51.1317  Well formed.

    Well formed means having the shape characteristic of the variety. 
Slight irregularities of shape from type which do not appreciably 
detract from the general appearance of the fruit shall be considered 
well formed.



Sec.  51.1318  Black end.

    Black end is evidenced by an abnormally deep green color around the 
calyx, or black spots usually occurring on the one-third of the surface 
nearest to the calyx, or by an abnormally shallow calyx cavity.



Sec.  51.1319  Injury.

    Injury means any blemish or defect, that more than slightly affects 
the appearance, or the edible or shipping quality. The following shall 
be considered as injury:
    (a) Russeting which exceeds the following shall be considered as 
injury:
    (1) On all varieties any excessively rough russeting (russeting 
which shows ``frogging'' or slight cracking).
    (2) On Comice, and on Anjou and other smooth-skinned varieties, 
slightly rough russeting, or thick russeting, such as is characteristic 
of frost injury, when the aggregate area exceeds one-half inch in 
diameter. \2\
    (3) On Anjou and other smooth-skinned varieties, smooth solid 
russeting when the aggregate area exceeds one-half inch in diameter and 
smooth net-like russeting when the aggregate area exceeds 15 percent of 
the surface, and on Comice, smooth solid or smooth netlike russeting 
when the aggregate area exceeds one-third of the surface, except that, 
in addition, on

[[Page 399]]

these and similar varieties, any amount of characteristic smooth 
russeting shall be permitted on that portion of the calyx end not 
visible for more than one-half inch along the contour of the pear, when 
it is placed calyx end down on a flat surface. \2\
    (4) On any of the following and other similar varieties, rough or 
thick russeting such as is characteristic of frost injury when the 
aggregate area exceeds one-half inch in diameter. \2\ On any of these 
varieties any amount of characteristic russeting is permitted whether 
due to natural causes such as weather or stimulated by artificial means; 
leaf whips or light limbrubs which resemble and blend into russeted 
areas shall be considered as russet:

Bosc, Clairgeau, Easter Beurre, Flemish Beauty, Kieffer, P. Barry, 
Pound, Seckel, Sheldon, Winter Nelis, and other similar varieties.

    (b) Any one of the following defects or any combination thereof, the 
seriousness of which exceeds the maximum allowed for any one defect, 
shall be considered as injury:
    (1) Limbrubs which are cracked, softened, more than very slightly 
depressed, not light in color, or exceeding an aggregate area of three-
fourths inch in diameter. \2\
    (2) Hail marks or other similar depressions or scars which are not 
very shallow or superficial, or which affect an aggregate area of more 
than one-fourth inch in diameter. \2\
    (3) Cork spot when a pear shows depressions or the flesh of the pear 
is more than slightly affected.
    (4) Sunburn or sprayburn if the normal color of the fruit has been 
materially changed, or if the skin is blistered or cracked, or the flesh 
softened or discolored.
    (5) More than two healed slight stings or depressions, or any stings 
which materially affect the general appearance of the fruit.
    (6) Blister mite or canker worm injury which is not very shallow and 
superficial or where the injury affects an aggregate area of more than 
one-fourth inch. \2\



Sec.  51.1320  Fairly well formed.

    Fairly well formed means that the pear may be slightly abnormal in 
shape but not to an extent which detracts materially from the appearance 
of the fruit. Winter Nelis pears with characteristic slight sutures or 
with slight flattening on one side and/or other slight irregularities 
which do not materially detract from the general appearance of the pear 
shall be considered fairly well formed.



Sec.  51.1321  Damage.

    Damage means any injury or defect which materially affects the 
appearance, or the edible or shipping quality.
    (a) Hard end shall be considered as damage if the pear shows an 
abnormally yellow color at the blossom end, or an abnormally smooth 
rounded base with little or no depression at the calyx, or if the flesh 
near the calyx is abnormally dry and tough or woody.
    (b) Slight handling bruises and package bruises such as are incident 
to good commercial handling in the preparation of a tight pack shall not 
be considered damage.
    (c) Any pear with one skin break larger than three-sixteenths inch 
in diameter of depth, or with more than one skin break one-eighth inch 
or larger in diameter or depth, shall be considered damaged, and scored 
against the grade tolerance. \2\
    (1) Small inconspicuous skin breaks, less than one-eighth inch in 
diameter or depth, shall not be considered damage. In addition, not more 
than 15 percent of the pears in any container may have not more than one 
skin break from one-eighth inch to three-sixteenths inch, inclusive, in 
diameter or depth. \2\
    (d) Russeting which exceeds the following shall be considered as 
damage:
    (1) On all varieties excessively rough russeting (russeting which 
shows ``frogging'' or slight cracking) when the aggregate area exceeds 
one-half inch in diameter. \2\
    (2) On Anjou and other smooth-skinned varieties, slightly rough 
russeting, or thick russeting such as is characteristic of frost injury, 
when the aggregate area exceeds three-fourths inch in diameter. \2\
    (3) On Anjou, smooth solid or smooth netlike russeting when the 
aggregate area exceeds one-third of the surface, and on other smooth-
skinned varieties,

[[Page 400]]

15 percent of the surface, except that, in addition, on Anjou and other 
smooth-skinned varieties, any amount of characteristic smooth russeting 
shall be permitted on that portion of the calyx end not visible for more 
than one-half inch along the contour of the pear, when it is placed 
calyx end down on a flat surface.
    (4) On any of the following and other similar varieties, rough or 
thick russeting such as is characteristic of frost injury, when the 
aggregate area exceeds three-fourths inch in diameter. On any of these 
varieties any amount of characteristic russeting is permitted whether 
due to natural causes such as weather or stimulated by artificial means; 
leaf whips or light limbrubs which resemble and blend into russeted 
areas shall be considered as russet:

Bosc, Clairgeau, Comice, Easter Beurre, Flemish Beauty, Kieffer, P. 
Barry, Pound, Seckel, Sheldon, Winter Nelis, and other similar 
varieties.

    (e) Any one of the following defects or any combination thereof, the 
seriousness of which exceeds the maximum allowed for any one defect, 
shall be considered as damage:
    (1) Any limbrubs which are cracked, softened, or more than slightly 
depressed.
    (2) Black discoloration caused by limbrubs which exceeds an 
aggregate area of three-eighths inch in diameter.
    (3) Dark brown discoloration or excessive roughness caused by 
limbrubs which exceeds an aggregate area of one-half inch in diameter.
    (4) Slightly rough, light colored discoloration caused by limbrubs 
which exceeds an aggregate area of three-fourths inch in diameter.
    (5) Smooth, light colored discoloration caused by limbrubs which 
exceeds an aggregate area of 1 inch in diameter. \2\
    (6) Hail marks or other similar depressions or scars which are not 
shallow or superficial, or where the injury affects an aggregate area of 
more than three-eighths inch in diameter. \2\
    (7) Cork spot when more than one in number is visible externally or 
when the flesh is materially affected.
    (8) Drought spot when more than one in number, or when the external 
injury exceeds an aggregate area of three-eighths inch in diameter, or 
when the appearance of the flesh is materially affected by corky tissue 
or brownish discoloration. \2\
    (9) Sunburn or sprayburn where the skin is blistered, cracked, or 
shows any light tan or brownish color, or the shape of the pear is 
appreciably flattened, or the flesh is appreciably softened or changed 
in color, except that sprayburn of a russet character shall be 
considered under the definition of russeting.
    (10) Insects: (i) More than two healed codling moth stings, or any 
insect sting which is over three thirty-seconds of an inch in diameter, 
or other insect stings affecting the appearance to an equal extent. \2\
    (ii) Blister mite or canker worm injury which is not shallow or 
superficial, or where the injury affects an aggregate area of more than 
three-eighths inch in diameter. \2\
    (11) Disease: (i) Scab spots which are black and which cover an 
aggregate area of more than one-fourth inch in diameter, except that 
scab spots of a russet character shall be considered under the 
definition of russeting. \2\
    (ii) Sooty blotch which is thinly scattered over more than 5 percent 
of the surface, or dark, heavily concentrated spots which affect an area 
of more than three-eighths inch in diameter. \2\



Sec.  51.1322  Seriously misshapen.

    Seriously misshapen means that the pear is excessively flattened or 
elongated for the variety, or is constricted or deformed so it will not 
cut three fairly uniform good quarters, or is so badly misshapen that 
the appearance is seriously affected.



Sec.  51.1323  Serious damage.

    Serious damage means any injury or defect which seriously affects 
the appearance, or the edible or shipping quality.
    (a) Russeting which in the aggregate exceeds the following shall be 
considered as serious damage:
    (1) On all varieties, excessively rough russeting (russeting which 
shows ``frogging'' or slight cracking) when the aggregate area exceeds 
three-fourths inch in diameter. \2\

[[Page 401]]

    (2) On all varieties, thick russeting such as is characteristic of 
frost injury, 15 percent of the surface.
    (3) On Anjou, smooth solid or smooth netlike russeting when the 
aggregate area exceeds two-thirds of the surface, except that, in 
addition, any amount of characteristic smooth russeting shall be 
permitted on that portion of the calyx end not visible for more than 
one-half inch along the contour of the pear, when it is placed calyx end 
down on a flat surface. On Flemish Beauty smooth russeting shall be 
permitted on the entire surface.
    (b) Any one of the following defects or combination thereof, the 
seriousness of which exceeds the maximum allowed for any one defect, 
shall be considered as serious damage:
    (1) Limbrubs which are more than slightly cracked, or excessively 
rough limbrubs or dark brown or black discoloration caused by limbrubs 
which exceeds an aggregate area of three-fourths inch in diameter. \2\
    (2) Other limbrubs which affect an aggregate area of more than one-
tenth of the surface.
    (3) Hail marks or other similar depressions or scars which affect an 
aggregate area of more than three-fourths inch in diameter, or which 
materially deform or disfigure the fruit. \2\
    (4) Cork spot when more than two in number are visible externally or 
when the flesh is seriously affected.
    (5) Drought spot when more than two in number, or where the external 
injury affects an aggregate area of more than three-fourths inch in 
diameter, or when the appearance of the flesh is seriously affected by 
corky tissue or brownish discoloration. \2\
    (6) Sunburn or sprayburn where the skin is blistered, cracked or 
shows any brownish color, or where the shape of the pear is materially 
flattened, or the flesh is softened or materially changed in color, 
except that sprayburn of a russet character shall be considered under 
the definition of russeting.
    (7) Insects: (i) Worm holes. More than three healed codling moth 
stings, of which not more than two may be over three thirty-seconds of 
an inch in diameter, or other insect stings affecting the appearance to 
an equal extent. \2\
    (ii) Blister mite or canker worm injury which affects an aggregate 
area of more than three-fourths inch in diameter or which materially 
deforms or disfigures the fruit. \2\
    (8) Disease: (i) Scab spots which are black, and which cover an 
aggregate area of more than one-half inch in diameter, except that scab 
spots of a russet character shall be considered under the definition of 
russeting. \2\
    (ii) Sooty blotch which is thinly scattered over more than 15 
percent of the surface, or dark heavily concentrated spots which affect 
an area of more than three-fourths inch in diameter. \2\



          Subpart_United States Standards for Pears for Canning

    Source: 35 FR 6957, May 1, 1970, unless otherwise noted. 
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 
46 FR 63203, Dec. 31, 1981.

                                 General



Sec.  51.1345  General.

    All percentages shall be calculated on the basis of weight.

                                 Grades



Sec.  51.1346  U.S. No. 1.

    ``U.S. No. 1'' consists of pears of one variety which are mature, 
handpicked, firm, well formed, free from scald, hard end, black end, 
internal breakdown, decay, worms and worm holes, and from damage caused 
by broken skins, limbrubs, sprayburn, sunburn, scab, russeting, bruises, 
hail, frost, drought spot, disease, insects, mechanical or other means. 
Unless otherwise specified, the pears shall not be further advanced than 
yellowish green. Tree-ripened pears and pears grown from late blooms 
shall not be considered as meeting the requirements of this grade. (See 
Sec. Sec.  51.1349 and 51.1350.)



Sec.  51.1347  U.S. No. 2.

    ``U.S. No. 2'' consists of pears of one variety which are mature, 
handpicked, firm, not seriously deformed, free from scald, hard end, 
black end, internal breakdown, decay, worms and worm holes, and free 
from serious damage by

[[Page 402]]

any other cause. Unless otherwise specified, the pears shall not be 
further advanced than yellowish green. Tree-ripened pears and pears 
grown from late blooms shall not be considered as meeting the 
requirements of this grade. (See Sec. Sec.  51.1349 and 51.1350.)

                                  Culls



Sec.  51.1348  Culls.

    ``Culls'' are pears which do not meet the requirements of either of 
the foregoing grades.

                                  Size



Sec.  51.1349  Size.

    Size may be specified in connection with a grade by agreement 
between buyer and seller and stated in terms of minimum diameter or 
minimum and maximum diameters. Diameters shall be specified in inches 
and not less than eighth-inch fractions thereof. In addition, size may 
be stated in terms of ratio of length to diameter.

                        Application of Standards



Sec.  51.1350  Application of standards.

    (a) Tolerances shall not apply in the application of the standards 
to determine the percentages of U.S. No. 1 and U.S. No. 2 quality, culls 
and off-size in a lot of pears; for example, when determining compliance 
with a grower-processor contract.
    (b) Tolerances. The following tolerances, by weight, shall apply 
when a lot of pears has been sorted to meet a specific grade, such as a 
shipment to a processor which is intended to meet the requirements of 
the U.S. No. 1 grade:
    (1) For defects. 10 percent for pears which fail to meet the 
requirements of the grade: Provided, That included in this amount not 
more than the following percentages shall be allowed for the defects 
listed:
    (i) 2 percent for pears which are affected by decay.
    (ii) 5 percent for pears which are infested by worms or have worm 
holes.
    (2) For off-size. 5 percent for pears which are smaller than any 
specified minimum size, and 10 percent for pears larger than any 
specified maximum size.

                               Definitions



Sec.  51.1351  Mature.

    Mature means that the pear has reached the stage of maturity which 
will insure the proper completion of the ripening process.



Sec.  51.1352  Handpicked.

    Handpicked means that the pears do not show evidence of having been 
on the ground.



Sec.  51.1353  Firm.

    Firm means that the pear is fairly solid and yields only very 
slightly to moderate pressure, and is not wilted, shriveled, rubbery or 
flabby.



Sec.  51.1354  Well formed.

    Well formed means that the pear has the shape characteristic of the 
variety, so that after paring, cutting in halves, and coring, each half 
of the pear shall be well formed. Bartlett pears shall have at least a 
fairly well developed neck.

[35 FR 6958, May 1, 1970, as amended at 35 FR 7249, May 8, 1970. 
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 
46 FR 63203, Dec. 31, 1981]



Sec.  51.1355  Damage.

    Damage means any injury or defect which materially affects the 
processing quality of the fruit. After paring, cutting in halves, and 
coring, each half of the pear shall be well formed or the pear is 
considered damaged. Pears showing surface blemishes shall be considered 
damaged when the injury cannot be completely removed in the ordinary 
process of paring for commercial use.



Sec.  51.1356  Pears grown from late blooms.

    Pears grown from late blooms. Such pears often have excessively long 
stems (commonly termed ``rat tails''), or may be misshapen or slightly 
rough. Such pears do not ripen properly for ordinary canning use.



Sec.  51.1357  Seriously deformed.

    Seriously deformed means that the pear is so badly misshapen as to 
cause a loss during the usual commercial

[[Page 403]]

preparation for use of over 20 percent, by weight, of the pear in excess 
of that which would occur if the pear were well formed. Round or apple-
shaped pears shall not be considered seriously deformed.



Sec.  51.1358  Serious damage.

    Serious damage means any injury or defect which cannot be removed 
during the usual commercial preparation for use without a loss of over 
20 percent, by weight, of the pear in excess of that which would occur 
if the pear were not defective.



Sec.  51.1359  Diameter.

    Diameter means the greatest dimension of the pear taken at right 
angles to a line running from the stem to the blossom end.



  Subpart_United States Standards for Grades of Pecans in the Shell \1\
---------------------------------------------------------------------------

    \1\ Packing of the product in conformity with the requirements of 
these standards shall not excuse failure to comply with the provisions 
of the Federal Food, Drug, and Cosmetic Act or with applicable State 
laws and regulations.

    Source: 41 FR 39303, Sept. 15, 1976, unless otherwise noted. 
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 
46 FR 63203, Dec. 31, 1981.

                                 Grades



Sec.  51.1400  U.S. No. 1.

    ``U.S. No. 1'' consists of pecans in the shell which meet the 
following requirements:
    (a) Free from loose extraneous or foreign material.
    (b) Shells are: (1) Fairly uniform in color; and,
    (2) Free from damage by any cause.
    (c) Kernels are: (1) Free from damage by any cause.
    (d) For tolerances see Sec.  51.1404.



Sec.  51.1401  U.S. No. 2.

    The requirements for this grade are the same as for U.S. No. 1 
except for:
    (a) No requirement for uniformity of color of shells; and,
    (b) Increased tolerances for defects see Sec.  51.1404.

                           Size Classification



Sec.  51.1402  Size classification.

    Size of pecans may be specified in connection with the grade in 
accordance with one of the following classifications. To meet the 
requirements for any one of these classifications, the lot must conform 
to both the specified number of nuts per pound and the weight of the 10 
smallest nuts per 100 nut sample.

------------------------------------------------------------------------
                                                       Minimum weight of
                                  Number of nuts per    the 10 smallest
       Size classification               pound         nuts in a 100-nut
                                                            sample
------------------------------------------------------------------------
Oversize........................  55 or less........  In each
Extra large.....................  56 to 63..........   classification,
Large...........................  64 to 77..........   the 10 smallest
Medium..........................  78 to 95..........   nuts per 100 must
Small...........................  96 to 120.........   weigh at least 7
                                                       pct of the total
                                                       weight of a 100-
                                                       nut sample.
------------------------------------------------------------------------

                       Kernel Color Classification



Sec.  51.1403  Kernel color classification.

    (a) The skin color of pecan kernels may be described in terms of the 
color classifications provided in this section. When the color of 
kernels in a lot generally conforms to the ``light'' or ``light amber'' 
classification, that color classification may be used to describe the 
lot in connection with the grade.
    (1) ``Light'' means that the outer surface of the kernel is mostly 
golden color or lighter, with not more than 25 percent of the outer 
surface darker than golden, none of which is darker than light brown.
    (2) ``Light amber'' means that more than 25 percent of the outer 
surface of the kernel is light brown, with not more than 25 percent of 
the outer surface darker than light brown, none of which is darker than 
medium brown.
    (3) ``Amber'' means that more than 25 percent of the outer surface 
of the kernel is medium brown, with not more than 25 percent of the 
outer surface darker than medium brown, none of which is darker than 
dark brown (very dark-brown or blackish-brown discoloration).
    (4) ``Dark amber'' means that more than 25 percent of the outer 
surface of the kernel is dark brown, with not more than 25 percent of 
the outer surface darker than dark brown (very dark-brown or blackish-
brown discoloration).

[[Page 404]]

    (b) U.S. Department of Agriculture kernel color standards, PEC-MC-1, 
illustrate the color intensities implied by the terms ``golden,'' 
``light brown,'' ``medium brown,'' and ``dark brown'' referred to in 
paragraph (a) of this section.

[41 FR 39303, Sept. 15, 1976. Redesignated at 42 FR 32514, June 27, 
1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended 
at 83 FR 50476, Oct. 9, 2018]

                               Tolerances



Sec.  51.1404  Tolerances.

    In order to allow the variations incident to proper grading and 
handling in each of the foregoing grades, the following tolerances are 
provided as specified:
    (a) U.S. No. 1--(1) For shell defects, by count. (i) 5 percent for 
pecans with damaged shells, including therein not more than 2 percent 
for shells which are seriously damaged.
    (2) For kernel defects, by count. (i) 12 percent for pecans with 
kernels which fail to meet the requirements for the grade or any 
specified color classification, including therein not more than 7 
percent for kernels which are seriously damaged: Provided, That not more 
than six-sevenths of this amount, or 6 percent, shall be allowed for 
kernels which are rancid, moldy, decayed or injured by insects: And 
provided further, That included in this 6 percent tolerance not more 
than one-half of one percent shall be allowed for pecans with live 
insects inside the shell.
    (ii) In addition, 8 percent for kernels which fail to meet the color 
requirements for the grade or for any specified color classification, 
but which are not seriously damaged by dark discoloration of the skin: 
Provided, That these kernels meet the requirements for the grade other 
than for skin color.
    (3) For loose extraneous or foreign material, by weight. (i) 0.5 
percent (one-half of 1 percent).
    (b) U.S. No. 2--(1) For shell defects, by count. (i) 10 percent for 
pecans with damaged shells, including therein not more than 3 percent 
for shells which are seriously damaged.
    (2) For kernel defects, by count. (i) 30 percent for pecans with 
kernels which fail to meet the requirements of the U.S. No. 1 grade, 
including therein not more than 10 percent for pecans with kernels which 
are seriously damaged: Provided, That not more than seven-tenths of this 
amount, or 7 percent, shall be allowed for kernels which are rancid, 
moldy, decayed or injured by insects: And provided further, That 
included in this 7 percent tolerance not more than one-half of one 
percent shall be allowed for pecans with live insects inside the shell.
    (3) For loose extraneous or foreign material, by weight. (i) 0.5 
percent (one-half of 1 percent).

                        Application of Tolerances



Sec.  51.1405  Application of tolerances.

    Individual 100-count samples shall have not more than one and one-
half times a specified tolerance of 5 percent or more and not more than 
double a tolerance of less than 5 percent, except that at least one 
pecan which is seriously damaged by live insects inside the shell is 
permitted: Provided, That the averages for the entire lot are within the 
tolerances specified for the grade.

                 Sample for Grade or Size Determination



Sec.  51.1406  Sample for grade or size determination.

    Each sample shall consist of 100 pecans. The individual sample shall 
be drawn at random from a sufficient number of packages to form a 100-
count composite sample. The number of such individual 100-count samples 
drawn for grade or size determination will vary with the size of the 
lot. When practicable, at point of packaging the sample may be obtained 
from the grading belt after sorting has been completed.

                               Definitions



Sec.  51.1407  Fairly uniform in color.

    Fairly uniform in color means that the shells do not show sufficient 
variation in color to materially detract from the general appearance of 
the lot.



Sec.  51.1408  Loose extraneous or foreign material.

    Loose extraneous or foreign material means loose hulls, empty broken

[[Page 405]]

shells, or any substance other than pecans in the shell or pecan 
kernels.



Sec.  51.1409  Well developed.

    Well developed means that the kernel has a large amount of meat in 
proportion to its width and length (see Figure 1).



Sec.  51.1410  Fairly well developed.

    Fairly well developed means that the kernel has at least a moderate 
amount of meat in proportion to its width and length. Shriveling and 
hollowness shall be considered only to the extent that they have reduced 
the meatiness of the kernel (see Figure 1).



Sec.  51.1411  Poorly developed.

    Poorly developed means that the kernel has a small amount of meat in 
proportion to its width and length (see Figure 1).
[GRAPHIC] [TIFF OMITTED] TC02SE91.046


[[Page 406]]





Sec.  51.1412  Well cured.

    Well cured means that the kernel separates freely from the shell, 
breaks cleanly when bent, without splintering, shattering, or loosening 
the skin; and the kernel appears to be in good shipping or storage 
condition as to moisture content.



Sec.  51.1413  Damage.

    Damage means any specific defect described in this section; or an 
equally objectionable variation of any one of these defects, or any 
other defect, or any combination of defects, which materially detracts 
from the appearance or the edible or marketing quality of the individual 
pecan or the general appearance of the pecans in the lot. The following 
defects shall be considered as damage:
    (a) Adhering hull material or dark stains affecting an aggregate of 
more than 5 percent of the surface of the individual shell;
    (b) Split or cracked shells when the shell is spread apart or will 
spread upon application of slight pressure;
    (c) Broken shells when any portion of the shell is missing;
    (d) Kernels which are not well cured;
    (e) Poorly developed kernels;
    (f) Kernels which are dark amber in color;
    (g) Kernel spots when more than one dark spot is present on either 
half of the kernel, or when any such spot is more than one-eighth inch 
(3 mm) in greatest dimension;
    (h) Adhering material from the inside of the shell when firmly 
attached to more than one-third of the outer surface of the kernel and 
contrasting in color with the skin of the kernel; and,
    (i) Internal flesh discoloration of a medium shade of gray or brown 
extending more than one-fourth inch (6 mm) lengthwise beneath the center 
ridge, or any equally objectionable amount in other portions of the 
kernel; or lesser areas of dark discoloration affecting the appearance 
to an equal or greater extent.



Sec.  51.1414  Serious damage.

    Serious damage means any specific defect described in this section; 
or an equally objectionable variation of any one of these defects, or 
any other defect, or any combination of defects, which seriously 
detracts from the appearance or the edible or marketing quality of the 
individual pecan. The following defects shall be considered as serious 
damage:
    (a) Adhering hull material or dark stains affecting an aggregate of 
more than 20 percent of the individual shell;
    (b) Broken shells when the missing portion of shell is greater in 
area than a circle one-fourth inch (6 mm) in diameter;
    (c) Worm holes when penetrating the shell;
    (d) Rancidity when the kernel is distinctly rancid to the taste. 
Staleness of flavor shall not be classed as rancidity;
    (e) Mold, on the surface or inside the kernel, which is plainly 
visible without magnification;
    (f) Decay affecting any portion of the kernel;
    (g) Insect injury when the insect, web or frass is present inside 
the shell, or the kernal shows distinct evidence of insect feeding;
    (h) Kernel spots when more than three dark spots on either half of 
the kernel, or when any spot or the aggregate of two or more spots on 
one of the halves of the kernel affects more than 10 percent of the 
surface;
    (i) Dark discoloration of the skin which is darker than dark amber 
over more than 25 percent of the outer surface of the kernel;
    (j) Internal flesh discoloration of a dark shade extending more than 
one-third the length of the kernel beneath the ridge, or an equally 
objectionable amount of dark discoloration in other portions of the 
kernel; and,
    (k) Undeveloped kernels having practically no food value, or which 
are blank (complete shell containing no kernel).



Sec.  51.1415  Inedible kernels.

    Inedible kernels means that the kernel or pieces of kernels are 
rancid, moldy, decayed, injured by insects or otherwise unsuitable for 
human consumption.

[[Page 407]]

                         Optional Determinations



Sec.  51.1416  Optional determinations.

    The determinations set forth herein are not requirements of these 
standards. They may be performed upon request in connection with the 
grade determination or as a separate determination. Samples of pecans 
for these determinations shall be taken at random from a composite 
sample drawn throughout the lot.
    (a) Edible kernel content. A minimum sample of at least 500 grams of 
in-shell pecans shall be used for determination of edible kernel 
content. After the sample is weighed and shelled, edible appearing half 
kernels and pieces of kernels shall be separated from shells, center 
wall, and other non-kernel material, and inedible kernels (see Sec.  
51.1415) and pieces of kernels, and weighed to determine edible kernel 
content for the lot.
    (b) Poorly developed kernel content. A minimum sample of at least 
500 grams of in-shell pecans shall be used for determination of poorly 
developed kernel content. The amount of poorly developed kernels and 
pieces of kernels shall be weighed to determine poorly developed kernel 
content of the lot (see Sec.  51.1411 and Figure 1).
    (c) Edible kernel content color classification. The amount of 
``Light,'' ``Light amber,'' ``Amber,'' ``Dark amber'' and darker shades 
of skin color shall be determined according to Sec.  51.1403, Kernel 
Color Classification. The total weight of edible kernels and pieces of 
kernels shall be the basis for determining color classification content 
for the lot.
    (d) Kernel moisture content. The sample of pecans for determination 
of kernel moisture content shall be shelled immediately before analysis 
and all shells, center wall and other non-kernel material removed. The 
air-oven or other methods or devices which give equivalent results shall 
be used for moisture content determination.



      Subpart_United States Standards for Grades of Shelled Pecans

    Source: 34 FR 9377, June 14, 1969, unless otherwise noted. 
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 
46 FR 63203, Dec. 31, 1981.

                                 Grades



Sec.  51.1430  U.S. No. 1 Halves.

    ``U.S. No. 1 Halves'' consists of pecan half-kernels which meet the 
following requirements:
    (a) For quality:
    (1) Well dried;
    (2) Fairly well developed;
    (3) Fairly uniform in color;
    (4) Not darker than ``amber'' skin color;
    (5) Free from damage or serious damage by any cause;
    (6) Free from pieces of shell, center wall and foreign material; 
and,
    (7) Comply with tolerances for defects (see Sec.  51.1439); and,
    (b) For size:
    (1) Halves are fairly uniform in size;
    (2) Halves conform to size classification or count specified; and,
    (3) Comply with tolerances for pieces, particles, and dust (see 
Sec.  51.1437).



Sec.  51.1431  U.S. No. 1 Halves and Pieces.

    The requirements for this grade are the same as those for U.S. No. 1 
Halves except:
    (a) For size:
    (1) At least 50 percent, by weight, are half-kernels;
    (2) Both halves and pieces will not pass through a \5/16\-inch round 
opening; and,
    (3) Comply with tolerances for undersize. (See Table III.)



Sec.  51.1432  U.S. No. 1 Pieces.

    The requirements for this grade are the same as those for U.S. No. 1 
Halves except:
    (a) For quality:
    (1) No requirement for uniformity of color; and,
    (b) For size:
    (1) No requirement for percentage of half-kernels;
    (2) Conform to any size classification or other size description 
specified; and,
    (3) Comply with applicable tolerances for off-size. (See Table III.)

[[Page 408]]



Sec.  51.1433  U.S. Commercial Halves.

    The requirements for this grade are the same as those for U.S. No. 1 
Halves except:
    (a) For quality:
    (1) No requirement for uniformity of color; and,
    (2) Increased tolerances for defects (see Sec.  51.1439); and,
    (b) For size:
    (1) No requirement for uniformity of size.



Sec.  51.1434  U.S. Commercial Halves and Pieces.

    The requirements for this grade are the same as those for U.S. No. 1 
Halves and Pieces except:
    (a) For quality:
    (1) No requirement for uniformity of color; and,
    (2) Increased tolerances for defects. (See Sec.  51.1439.)



Sec.  51.1435  U.S. Commercial Pieces.

    The requirements for this grade are the same as those for U.S. No. 1 
Pieces except for:
    (a) Increased tolerances for defects. (See Sec.  51.1439.)

                          Color Classifications



Sec.  51.1436  Color classifications.

    (a) The skin color of pecan kernels may be described in terms of the 
color classifications provided in this section. When the color of 
kernels in a lot generally conforms to the ``light'' or ``light amber'' 
classification, that color classification may be used to describe the 
lot in connection with the grade.
    (1) ``Light'' means that the kernel is mostly golden color or 
lighter, with not more than 25 percent of the surface darker than 
golden, and none of the surface darker than light brown.
    (2) ``Light amber'' means that the kernel has more than 25 percent 
of its surface light brown, but not more than 25 percent of the surface 
darker than light brown, and none of the surface darker than medium 
brown.
    (3) ``Amber'' means that the kernel has more than 25 percent of the 
surface medium brown, but not more than 25 percent of the surface darker 
than medium brown, and none of the surface darker than dark brown (very 
dark-brown or blackish-brown discoloration).
    (4) ``Dark amber'' means that the kernel has more than 25 percent of 
the surface dark brown, but not more than 25 percent of the surface 
darker than dark brown (very dark-brown or blackish-brown 
discoloration).
    (b) U.S. Department of Agriculture kernel color standards, PEC-MC-1, 
illustrate the color intensities implied by the terms ``golden,'' 
``light brown,'' ``medium brown,'' and ``dark brown'' referred to in 
paragraph (a) of this section.

[34 FR 9377, June 14, 1969. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 83 
FR 50476, Oct. 9, 2018]

                          Size Classifications



Sec.  51.1437  Size classifications for halves.

    The size of pecan halves in a lot may be specified in accordance 
with one of the size classifications shown in Table I:

                                 Table I
------------------------------------------------------------------------
      Size classifications for halves        Number of halves per pound
------------------------------------------------------------------------
Mammoth...................................  250 or less.
Junior mammoth............................  251-300.
Jumbo.....................................  301-350.
Extra large...............................  351-450.
Large.....................................  451-550.
Medium....................................  551-650.
Small (topper)............................  651-750.
Extra small...............................  751 or more.
------------------------------------------------------------------------

    (a) The number of halves per pound shall be based upon the weight of 
half-kernels after all pieces, particles and dust, shell, center wall, 
and foreign material have been removed.
    (b) In lieu of the size classifications in Table I, the size of 
pecan halves in a lot may be specified in terms of the number of halves 
or a range of numbers of halves per pound. For example, ``400'' or 
``600-700''.
    (c) Tolerance for count per pound: In order to allow for variations 
incident to proper sizing, a tolerance shall be permitted as follows:
    (1) When an exact number of halves per pound is specified, the 
actual count per pound may vary not more than 5 percent from the 
specified number; and,

[[Page 409]]

    (2) When any size classification shown in Table I or a range in 
count per pound is specified, no tolerance shall be allowed for counts 
outside of the specified range.
    (d) Tolerances for pieces, particles, and dust. In order to allow 
for variations incident to proper sizing and handling, not more than 15 
percent, by weight, of any lot may consist of pieces, particles, and 
dust: Provided, That not more than one-third of this amount, or 5 
percent, shall be allowed for portions less than one-half of a complete 
half-kernel, including not more than 1 percent for particles and dust.

[34 FR 9377, June 14, 1969. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 83 
FR 50477, Oct. 9, 2018]



Sec.  51.1438  Size classifications for pieces.

    The size of pecan pieces in a lot may be specified in accordance 
with one of the size classifications shown in Table II.

                                Table II
------------------------------------------------------------------------
                                                                Minimum
                                                                diameter
                                                               (will not
                                                                  pass
                                  Maximum diameter (will pass   through
      Size classification          through round opening of      round
                                      following diameter)       opening
                                                                   of
                                                               following
                                                               diameter)
                                                                 (inch)
------------------------------------------------------------------------
Mammoth pieces.................  No limitation...............     \8/16\
Extra large pieces.............  \9/16\ inch.................     \7/16\
Halves and pieces..............  No limitation...............     \5/16\
Large pieces...................  \8/16\ inch.................     \5/16\
Medium pieces..................  \6/16\ inch.................     \3/16\
Small pieces...................  \4/16\ inch.................     \2/16\
Extra small pieces.............  \3/16\ inch.................     \1/16\
Granules.......................  \2/16\ inch.................     \1/16\
------------------------------------------------------------------------

    (a) In lieu of the size classifications in Table II, the size of 
pieces in a lot may be specified in terms of minimum diameter, or as a 
range described in terms of minimum and maximum diameters expressed in 
sixteenths or sixty-fourths of an inch.
    (b) Tolerances for size of pieces: In order to allow for variations 
incident to proper sizing, tolerances are provided for pieces in a lot 
which fail to meet the requirements of any size specified. The 
tolerances, by weight, are shown in Table III.

                                Table III
                                [Percent]
------------------------------------------------------------------------
                                                            Tolerance
                                                          (included in
                                               Total    total tolerance)
                                             tolerance     for pieces
            Size classification                 for       smaller than
                                              offsize  -----------------
                                               pieces             \1/16\
                                                         \2/16\    inch
------------------------------------------------------------------------
Mammoth pieces.............................        15         1
Extra large pieces.........................        15         1
Halves and pieces..........................        15         1
Large pieces...............................        15         1
Medium pieces..............................        15         2
Small pieces...............................        15         2
Extra small pieces.........................        15   .......        2
Granules...................................        15   .......        5
Other specified size.......................        15         1  .......
------------------------------------------------------------------------


[34 FR 9377, June 14, 1969. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 83 
FR 50477, Oct. 9, 2018]

                         Tolerances for Defects



Sec.  51.1439  Tolerances for defects.

    In order to allow for variations incident to proper grading and 
handling in each of the foregoing grades, the following tolerances, by 
weight, are provided as specified:
    (a) U.S. No. 1 Halves, U.S. No. 1 Halves and Pieces, and U.S. No. 1 
Pieces grades:
    (1) 0.05 percent for shell, center wall, and foreign material;
    (2) 3 percent for portions of kernels which are ``dark amber'' or 
darker color, or darker than any specified lighter color classification 
but which are not otherwise defective; and,
    (3) 3 percent for portions of kernels which fail to meet the 
remaining requirements of the grade, including therein not more than 
0.50 percent for defects causing serious damage: Provided, That any 
unused portion of this tolerance may be applied to increase the 
tolerance for kernels which are ``dark amber'' or darker color, or 
darker than any specified lighter color classification.
    (b) U.S. Commercial Halves, U.S. Commercial Halves and Pieces, and 
U.S. Commercial Pieces grades:
    (1) 0.15 percent for shell, center wall, and foreign material;
    (2) 25 percent for portions of kernels which are ``dark amber'' or 
darker color, or darker than any specified

[[Page 410]]

lighter color classification, but which are not otherwise defective; 
and,
    (3) 8 percent for portions of kernels which fail to meet the 
remaining requirements of the grade, including therein not more than 1 
percent for defects causing serious damage.

                        Application of Standards



Sec.  51.1440  Application of standards.

    The grade of a lot of shelled pecans shall be determined on the 
basis of a composite sample drawn at random from containers in various 
locations in the lot. However, any identifiable container or number of 
containers in which the pecans are obviously of a quality or size 
materially different from that in the majority of containers, shall be 
considered as a separate lot, and shall be sampled and graded 
separately.

                               Definitions



Sec.  51.1441  Half-kernel.

    Half-kernel means one of the separated halves of an entire pecan 
kernel with not more than one-eighth of its original volume missing, 
exclusive of the portion which formerly connected the two halves of the 
kernel.



Sec.  51.1442  Piece.

    Piece means a portion of a kernel which is less than seven-eighths 
of a half-kernel, but which will not pass through a round opening two-
sixteenths inch in diameter.



Sec.  51.1443  Particles and dust.

    Particles and dust means, for all size designations except ``extra 
small pieces'' and ``granules,'' fragments of kernels which will pass 
through a round opening two-sixteenths inch in diameter.

[83 FR 50477, Oct. 9, 2018]



Sec.  51.1444  Well dried.

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



Sec.  51.1445  Fairly well developed.

    Fairly well developed means that the kernel has at least a moderate 
amount of meat in proportion to its width and length. (See Figure 1.)



Sec.  51.1446  Poorly developed.

    Poorly developed means that the kernel has a small amount of meat in 
proportion to its width and length. (See Figure 1.)



Sec.  51.1447  Fairly uniform in color.

    Fairly uniform in color means that 90 percent or more of the kernels 
in the lot have skin color within the range of one or two color 
classifications.



Sec.  51.1448  Fairly uniform in size.

    Fairly uniform in size means that, in a representative sample of 100 
halves, the 10 smallest halves weigh not less than one-half as much as 
the 10 largest halves.



Sec.  51.1449  Damage.

    Damage means any specific defect described in this section; or an 
equally objectionable variation of any one of these defects, or any 
other defect, or any combination of defects, which materially detracts 
from the appearance or the edible or marketing quality of the individual 
portion of the kernel or of the lot as a whole. The following defects 
should be considered as damage:
    (a) Adhering material from inside the shell when attached to more 
than one-fourth of the surface on one side of the half-kernel or piece;
    (b) Dust or dirt adhering to the kernel when conspicuous;
    (c) Kernel which is not well dried;
    (d) Kernel which is ``dark amber'' or darker color;
    (e) Kernel having more than one dark kernel spot, or one dark kernel 
spot more than one-eighth inch in greatest dimension;
    (f) Shriveling when the surface of the kernel is very conspicuously 
wrinkled;
    (g) Internal flesh discoloration of a medium shade of gray or brown 
extending more than one-fourth the length of the half-kernel or piece, 
or lesser areas of dark discoloration affecting the appearance to an 
equal or greater extent; and,
    (h) Poorly developed kernel. (See Figure 1.)

[[Page 411]]



Sec.  51.1450  Serious damage.

    Serious damage means any specific defect described in this section; 
or an equally objectionable variation of any one of these defects, or 
any other defect, or any combination of defects, which seriously 
detracts from the appearance or the edible or marketing quality of the 
individual portion of kernel or of the lot as a whole. The following 
defects shall be considered as serious damage:
    (a) Any plainly visible mold;
    (b) Rancidity when the kernel is distinctly rancid to the taste. 
Staleness of flavor shall not be classed as rancidity;
    (c) Decay affecting any portion of the kernel;
    (d) Insects, web, or frass or any distinct evidence of insect 
feeding on the kernel;
    (e) Internal discoloration which is dark gray, dark brown, or black 
and extends more than one-third the length of the half-kernel or piece;
    (f) Adhering material from inside the shell when attached to more 
than one-half of the surface on one side of the half-kernel or piece;
    (g) Dark kernel spots when more than three are on the kernel, or 
when any dark kernel spot or the aggregate of two or more spots affect 
an area of more than 10 percent of the surface of the half-kernel or 
piece;
    (h) Dark skin discoloration, darker than ``dark brown,'' when 
covering more than one-fourth of the surface of the half-kernel or 
piece; and,
    (i) Undeveloped kernel. (See Figure 1.)

[[Page 412]]

[GRAPHIC] [TIFF OMITTED] TC02SE91.047

                         Metric Conversion Table



Sec.  51.1451  Metric conversion table.

------------------------------------------------------------------------
                                                             Millimeters
                           Inches                                (mm)
------------------------------------------------------------------------
\8/16\.....................................................         12.7
\7/16\.....................................................         11.1
\6/16\.....................................................          9.5
\5/16\.....................................................          7.9
\4/16\.....................................................          6.4
\3/16\.....................................................          4.8
\2/16\.....................................................          3.2
\6/64\.....................................................          2.4
\5/64\.....................................................          2.0
\1/16\.....................................................          1.6
------------------------------------------------------------------------



  Subpart_United States Standards for Grades of Fresh Plums and Prunes

    Source: 69 FR 9193, Feb. 27, 2004, unless otherwise noted.

                                 Grades



Sec.  51.1520  U.S. Fancy.

    ``U.S. Fancy'' consists of plums or prunes of one variety which are 
well formed, clean, mature but not overripe or soft or shriveled; which 
are free from decay, sunscald, heat injury, sunburn, split pits and hail 
marks, and free from damage caused by broken skins, growth cracks, 
drought spots,

[[Page 413]]

gum spots, russeting, scars, other disease, insects or mechanical or 
other means.
    (a) Italian type prunes shall be well colored and, unless otherwise 
specified, shall be not less than 1\1/4\ inches in diameter. (See Sec.  
51.1525.)
    (b) [Reserved]



Sec.  51.1521  U.S. No. 1.

    ``U.S. No. 1'' consists of plums or prunes of one variety which are 
well formed, clean, mature but not overripe or soft or shriveled; which 
are free from decay and sunscald, and free from damage caused by broken 
skins, heat injury, growth cracks, sunburn, split pits, hail marks, 
drought spots, gum spots, russeting, scars, other disease, insects or 
mechanical or other means.
    (a) Italian type prunes shall be fairly well colored and, unless 
otherwise specified, shall be not less than 1\1/4\ inches in diameter. 
(See Sec.  51.1525.)
    (b) [Reserved]



Sec.  51.1522  U.S. Combination.

    ``U.S. Combination'' consists of a combination of U.S. No. 1 and 
U.S. No. 2 plums or prunes: Provided, That at least 75 percent, by 
count, meet the requirements of U.S. No. 1 grade. (See Sec.  51.1525.)



Sec.  51.1523  U.S. No. 2.

    ``U.S. No. 2'' consists of plums or prunes of one variety which are 
not badly misshapen, which are clean, mature but not overripe or soft or 
shriveled; which are free from decay and sunscald, and free from serious 
damage caused by broken skins, heat injury, growth cracks, sunburn, 
split pits, hail marks, drought spots, gum spots, russeting, scars, 
other disease, insects or mechanical or other means. (See Sec.  
51.1525.)



Sec.  51.1524  [Reserved]

                               Tolerances



Sec.  51.1525  Tolerances.

    In order to allow for variations incident to proper grading and 
handling in each of the following grades, the following tolerances, by 
count, based on a minimum 50-count sample, except when packages contain 
less than 50 fruit, a minimum 25-count sample shall be examined, (when 
packages contain less than 25 fruit adjoining packages shall be opened 
to obtain the 25-count minimum sample), are provided as specified:
    (a) U.S. Fancy and U.S. No. 1--(1) For defects of plums or prunes 
other than Italian type prunes at shipping point. \1\ 8 percent for 
fruit which fails to meet the requirements of the specified grade: 
Provided, That included in this amount not more than 4 percent shall be 
allowed for defects causing serious damage, including in this latter 
amount not more than one-half of 1 percent for fruit which is affected 
by decay.
---------------------------------------------------------------------------

    \1\ Shipping point, as used in these standards, means the point of 
origin of the shipment in the producing area or at port of loading for 
ship stores or overseas shipment, or, in the case of shipments from 
outside the continental United States, the port of entry into the United 
States.
---------------------------------------------------------------------------

    (2) For defects of plums or prunes other than Italian type prunes en 
route or at destination. 12 percent for fruit which fails to meet the 
requirements of the specified grade: Provided, That included in this 
amount not more than the following percentages shall be allowed for 
defects listed:
    (i) 8 percent for permanent defects;
    (ii) 6 percent for defects causing serious damage, including therein 
not more than 4 percent for serious damage by permanent defects and not 
more than 2 percent for decay.
    (3) For defects of Italian type prunes at shipping point.\1\ Not 
more than a total of 12 percent of the fruit in any lot may fail to meet 
the requirements of the specified grade: Provided, That included in this 
amount not more than the following percentages shall be allowed for the 
defects listed:
    (i) 10 percent for prunes which fail to meet the color requirement;
    (ii) 10 percent for prunes which fail to meet the minimum diameter 
requirement;
    (iii) 8 percent for prunes which fail to meet the remaining 
requirements of the grade: Provided, That not more than one-half of this 
amount, or 4 percent, shall be allowed for defects causing serious 
damage, including in the

[[Page 414]]

latter amount not more than one-half of 1 percent for decay.
    (4) For defects of Italian type prunes en route or at destination. 
Not more than a total of 18 percent of the fruit in any lot may fail to 
meet the requirements of the specified grade: Provided, That included in 
this amount not more than the following percentages shall be allowed for 
the defects listed:
    (i) 12 percent for permanent defects including therein not more than 
10 percent which fail to meet the color requirement, 10 percent which 
fail to meet the minimum diameter requirement, and 8 percent which fail 
to meet the requirements of the grade because of other permanent 
defects;
    (ii) 6 percent for defects causing serious damage, including therein 
not more than 4 percent for serious damage by permanent defects and not 
more than 2 percent for decay.
    (b) U.S. Combination and U.S. No. 2--(1) For defects at shipping 
point.\1\ 8 percent for fruit which fails to meet the requirements of 
the specified grade: Provided, That included in this amount not more 
than 4 percent shall be allowed for sunscald, decay or serious damage by 
insects or heat injury, including in this latter amount not more than 
one-half of 1 percent for decay.
    (2) For defects en route or at destination. 12 percent for fruit 
which fails to meet the requirements of the specified grade: Provided, 
That included in this amount not more than the following percentages 
shall be allowed for defects listed:
    (i) 8 percent for permanent defects including therein not more than 
4 percent for sunscald, or serious damage by insects or heat injury; 
and,
    (ii) 2 percent for decay.
    (3) When applying the tolerance for the U.S. Combination grade 
individual packages may have not more than 10 percent less than the 
percentage of U.S. No. 1 required: Provided, That the entire lot 
averages within the required percentage. (See Sec.  51.1526.)

                        Application of Tolerances



Sec.  51.1526  Application of tolerances.

    The contents of individual packages in the lot, based on sample 
inspection, are subject to the following limitations:
    (a) A package may contain not more than double any specified 
tolerance except that at least two defective and two off-size specimens 
may be permitted in any package: Provided, That the averages for the 
entire lot are within the tolerances specified for the grade.
    (b) [Reserved]

                              Standard Pack



Sec.  51.1527  Standard pack.

    (a) Packing. (1) All packages shall be tightly packed or well 
filled, according to the approved and recognized methods.
    (2) The plums or prunes in the top layer of any package shall be 
reasonably representative in quality and size of those in the remainder 
of the package.
    (3) ``Well filled'' means that the plums or prunes packed in loose 
or volume filled containers are packed within 1 inch of the top of the 
container.
    (4) ``Tightly packed'' means the plums or prunes are the proper size 
for the mold or cell compartments in which they are packed, and the 
molds or cells are filled in such a way that movement is not allowed.
    (b) Marking. (1) The size of plums or prunes shall be marked on each 
package, and shall be indicated in terms of minimum diameter, or number 
of fruit per package, or in accordance with the arrangement of the top 
layer of fruit in the package or subcontainer. Size may also be shown in 
terms of maximum number of fruit for a specified weight, such as ``8 per 
pound,'' ``6.4 per pound'' or ``7\2/3\ per pound'' or by a count-size 
designation based on the number of fruits contained in a 10 pound sample 
with the designation rounded to an applicable number which is divisible 
by 5 (example: 40 size, 45 size, 50 size, 55 size, etc.).
    (i) California peach boxes, lug boxes and small consumer packages. 
In layer-packed California peach boxes or lug boxes, and in small layer 
packed consumer packages, the count of the entire contents shall be 
marked on the package. The number of plums or prunes in California peach 
boxes or lug

[[Page 415]]

boxes shall not vary more than 4 from the number indicated on the 
package. Loose filled consumer packs not in a master container shall 
have a count-size marked on the package or on a tag closure. Master 
containers of loose filled consumer packages shall have a count-size 
marked on the package describing the size of plums or prunes within the 
container.
    (ii) Face and fill packs in cartons and lug boxes. In face and fill 
packs in cartons and lug boxes the number of rows in the face shall be 
marked on the packages, as ``6 row,'' ``8 row,'' etc.
    (c) Sizing. (1) Not more than 5 percent, by count, of the plums or 
prunes in any package may vary more than one-fourth inch in diameter, 
except that not more than 5 percent, by count, of the plums or prunes 2-
1/4 inches or larger in diameter and packed in loose or volume filled 
containers may vary more than three-eighths inch in diameter.
    (2) When size is indicated in terms of minimum diameter, not more 
than 5 percent, by count, of the fruit in any package may be smaller 
than the size marked.
    (d) Tolerance for standard pack. In order to allow for variations 
incident to proper sizing and packing, not more than 10 percent, by 
count, of the packages in any lot may fail to meet the requirements for 
standard pack.

                               Definitions



Sec.  51.1528  Well formed.

    ``Well formed'' means that the fruit has the shape characteristic of 
the variety. Doubles shall not be considered well formed.



Sec.  51.1529  Clean.

    ``Clean'' means that the fruit is practically free from dirt and 
other foreign material.



Sec.  51.1530  Mature.

    ``Mature'' means that the fruit has reached the stage of maturity 
which will insure a proper completion of the ripening process.



Sec.  51.1531  Sunscald.

    ``Sunscald'' means injury caused by the sun in which softening or 
collapse of the flesh is apparent.



Sec.  51.1532  Damage.

    ``Damage'' means any specific defect defined in this section; or an 
equally objectionable variation of any one of these defects, any other 
defect, or any combination of defects, which materially detracts from 
the appearance, or the edible or marketing quality of the fruit. The 
following specific defects shall be considered as damage:
    (a) Broken skins which are unhealed except those caused by pulled 
stems where the skin is torn only slightly within the stem cavity. 
(Healed skin breaks shall be considered scars);
    (b) Heat injury, sprayburn or sunburn:
    (1) When the skin is blistered, cracked or decidedly flattened;
    (2) When the normal color of the skin or flesh has materially 
changed;
    (3) When there is more than one indentation; or,
    (4) When an indentation exceeds three-sixteenths inch in diameter;
    (c) Growth cracks:
    (1) When not healed;
    (2) When more than one in number;
    (3) When more than one-eighth inch in depth;
    (4) When more than three-eighths inch in length if within the stem 
cavity; or,
    (5) When more than one-fourth inch in length if outside of the stem 
cavity;
    (6) When extending from within to outside the stem cavity, when more 
than three-eighths inch in length if the major portion of the crack is 
within the stem cavity or when more than one-fourth inch in length if 
the major portion of the crack is outside the stem cavity;
    (d) Split pit when causing any unhealed crack, or when healed and 
aggregating more than one-fourth inch in length, or when affecting the 
shape to the extent that the fruit is not well formed;
    (e) Scab or bacterial spot when cracked, or when the aggregate area 
exceeds that of a circle one-fourth inch

[[Page 416]]

in diameter on a fruit 2 inches in diameter or smaller; or when the 
aggregate area exceeds that of a circle three-eighths inch in diameter 
on a fruit larger than 2 inches in diameter;
    (f) Drought spots or external gum spots which have an aggregate area 
exceeding that of a circle one-fourth inch in diameter;
    (g) Scale or scale marks when the aggregate area exceeds that of a 
circle one-fourth inch in diameter;
    (h) Scars, including those caused by hail, when the surface of the 
fruit is depressed more than one-sixteenth inch, or when exceeding any 
of the following aggregate areas, or a combination of two or more types 
of scars the seriousness of which exceeds the maximum allowed for any 
one type:
    (1) Dark or rough scars when the area exceeds that of a circle one-
fourth inch in diameter on a fruit 2 inches in diameter or smaller; or 
when the area exceeds that of a circle three-eighths inch in diameter on 
a fruit larger than 2 inches in diameter.
    (2) Fairly light colored, fairly smooth scars when, in the case of 
Italian type prunes, the area exceeds that of a circle one-half inch in 
diameter; or when, in the case of other types of plums, the area exceeds 
that of a circle one-half inch in diameter on a fruit 2 inches in 
diameter or smaller; or when the area exceeds that of a circle five-
eighths inch in diameter on a fruit larger than 2 inches in diameter;
    (3) Light colored, smooth scars when, in the case of Italian type 
prunes, the area exceeds one-twelfth of the fruit surface; or when, in 
the case of other types of plums, the area exceeds that of a circle 
three-fourths inch in diameter on a fruit 2 inches in diameter or 
smaller; or when the area exceeds that of a circle seven-eighths inch in 
diameter on a fruit larger than 2 inches in diameter;
    (4) Twig or limb scratches which are not well healed or which have 
an aggregate length of more than one-half inch;
    (i) Russeting which exceeds any of the following aggregate areas of 
any one type of russeting, or a combination of two or more types of 
russeting the seriousness of which exceeds the maximum allowed for any 
one type:
    (1) Rough russeting when the area exceeds that of a circle one-
fourth inch in diameter on a fruit 2 inches in diameter or smaller; or 
when the area exceeds that of a circle one-half inch in diameter on a 
fruit larger than 2 inches in diameter;
    (2) Slightly rough russeting when, in the case of Italian type 
prunes, the area exceeds one-twelfth of the fruit surface; or when, in 
the case of other types of plums, the area exceeds that of a circle 
five-eighths inch in diameter on a fruit 2 inches in diameter or 
smaller; or when the area exceeds that of a circle three-fourths inch in 
diameter on a fruit larger than 2 inches in diameter;
    (3) Fairly smooth or smooth russeting when, in the case of Italian 
type prunes, the area exceeds one-twelfth of the fruit surface; or when, 
in the case of other types of plums the area exceeds that of a circle 
three-fourths inch in diameter on a fruit 2 inches in diameter or 
smaller; or when the area exceeds that of a circle 1 inch in diameter on 
a fruit larger than 2 inches in diameter.
    (j) Discoloration when definitely contrasting with the normal 
surface color of the fruit and affects more than 10 percent of the 
surface.



Sec.  51.1533  Well colored.

    ``Well colored,'' as applied to Italian type prunes, means that 95 
percent of the surface of the prune is purple color.



Sec.  51.1534  Fairly well colored.

    ``Fairly well colored,'' as applied to Italian type prunes, means 
that at least three-fourths of the surface of the prune is purple color.



Sec.  51.1535  Badly misshapen.

    ``Badly misshapen'' means that the fruit is so malformed or rough 
that its appearance is seriously affected. Doubles shall be considered 
badly misshapen, except that doubles of Italian type prunes which have 
approximately equal halves shall not be considered badly misshapen.



Sec.  51.1536  Serious damage.

    ``Serious damage'' means any specific defect defined in this 
section; or an equally objectionable variation of any

[[Page 417]]

one of these defects, any other defect, or any combination of defects 
which seriously detracts from the appearance, or the edible or marketing 
quality of the fruit. The following specific defects shall be considered 
as serious damage:
    (a) Broken skins which are unhealed when aggregating more than one-
eighth inch in diameter, length or depth. (Healed skin breaks shall be 
considered scars);
    (b) Heat injury, sprayburn or sunburn:
    (1) When the skin is blistered, cracked or decidedly flattened;
    (2) When causing any dark discoloration of the flesh;
    (3) When there are more than two indentations;
    (4) When the aggregate area of indentations exceeds that of a circle 
three-eighths inch in diameter; or,
    (5) When causing noticeable brownish or darker discoloration over 
more than one-fourth of the fruit surface;
    (c) Growth cracks:
    (1) When not healed and more than one-eighth inch in length or 
depth;
    (2) When healed and more than three-sixteenths inch in depth;
    (3) When healed and aggregating more than five-eighths inch in 
length if within the stem cavity; or,
    (4) When healed and aggregating more than one-half inch in length if 
outside of the stem cavity;
    (5) When extending from within to outside the stem cavity, when 
healed and aggregating more than five-eighths inch in length if the 
major portion of the crack is within the stem cavity or when healed and 
aggregating more than one-half inch in length if the major portion of 
the crack is outside the cavity;
    (d) Split pit when causing any unhealed crack, or when healed and 
aggregating more than three-eighths inch in length, or when affecting 
the shape to the extent that the fruit is badly misshapen;
    (e) Scab or bacterial spot, when the aggregate area exceeds that of 
a circle one-half inch in diameter on a fruit 2 inches in diameter or 
smaller; or when the aggregate area exceeds that of a circle three-
fourths inch in diameter on a fruit larger than 2 inches in diameter;
    (f) Drought spots or external gum spots which have an aggregate area 
exceeding that of a circle one-half inch in diameter;
    (g) Scale or scale marks when the aggregate area exceeds that of a 
circle three-eighths inch in diameter;
    (h) Russeting and scars, including those caused by hail, when the 
surface of the fruit is depressed more than three-sixteenths inch, or 
when exceeding any of the following aggregate areas, or a combination of 
two or more types of russeting or scars the seriousness of which exceeds 
the maximum allowed for any one type:
    (1) Dark or rough scars or rough russeting when the area exceeds 
that of a circle three-fourths inch in diameter on a fruit 2 inches in 
diameter or smaller; or when the area exceeds that of a circle one inch 
in diameter on a fruit larger than 2 inches in diameter;
    (2) Russeting and scars which are not dark or rough when the area 
exceeds one-fourth of the fruit surface.
    (i) Soft or overripe or shriveled plums or prunes;
    (j) Plums or prunes affected by decay; and
    (k) Plums or prunes affected by sunscald.
    (l) Discoloration when definitely contrasting with the normal 
surface color and affects more than 25 percent of the surface.



Sec.  51.1537  Diameter.

    ``Diameter'' means the greatest dimension measured at right angles 
to a line from the stem to blossom end of the fruit.

                         Metric Conversion Table



Sec.  51.1538  Metric conversion table.

------------------------------------------------------------------------
                                                             Millimeters
                           Inches                                (mm)
------------------------------------------------------------------------
\1/8\ equals...............................................          3.2
\1/4\ equals...............................................          6.4
\3/8\ equals...............................................          9.5
\1/2\ equals...............................................         12.7
\5/8\ equals...............................................         15.9
\3/4\ equals...............................................         19.1
\7/8\ equals...............................................         22.2
1 equals...................................................         25.4
1\1/4\ equals..............................................         31.8
1\1/2\ equals..............................................         38.1
1\3/4\ equals..............................................         44.5
2 equals...................................................         50.8
3 equals...................................................         76.2

[[Page 418]]

 
4 equals...................................................        101.6
------------------------------------------------------------------------



       Subpart_United States Standards for Grades of Potatoes \1\
---------------------------------------------------------------------------

    \1\ Packing of the product in conformity with the requirements of 
these standards shall not excuse failure to comply with the provisions 
of the Federal Food and Drug Cosmetic Act or with applicable State laws 
and regulations.

    Source: 35 FR 18258, Dec. 1, 1970, unless otherwise noted. 
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 
46 FR 63203, Dec. 31, 1981.

                                 Grades



Sec.  51.1540  [Reserved]



Sec.  51.1541  U.S. No. 1.

    ``U.S. No. 1'' consists of potatoes which meet the following 
requirements:
    (a) Similar varietal characteristics, except when designated as a 
mixed or specialty pack;
    (b) Firm;
    (c) Fairly clean; \2\
---------------------------------------------------------------------------

    \2\ Potatoes in containers bearing official State Seed Certification 
Tags and Seals are not required to be fairly clean but shall be free 
from damage by dirt.
---------------------------------------------------------------------------

    (d) Fairly well shaped;
    (e) Free from:
    (1) Freezing;
    (2) Blackheart;
    (3) Late blight, southern bacterial wilt and ring rot; and,
    (4) Soft rot and wet breakdown.
    (f) Free from damage by any other cause. See Sec. Sec.  51.1564 and 
51.1565.
    (g) Size. Not less than 1\7/8\ inches in diameter, unless otherwise 
specified in connection with the grade.
    (h) For tolerances see Sec.  51.1546.

[35 FR 18258, Dec. 1, 1970, as amended at 76 FR 31789, June 2, 2011]



Sec.  51.1542  U.S. Commercial.

    ``U.S. Commercial'' consists of potatoes which meet the requirements 
of U.S. No. 1 grade except for the following:
    (a) Free from serious damage caused by:
    (1) Dirt or other foreign matter;
    (2) Russet scab; and,
    (3) Rhizoctonia.
    (b) Increased tolerances for defects specified in Sec.  51.1546.



Sec.  51.1543  U.S. No. 2.

    ``U.S. No. 2'' consists of potatoes which meet the following 
requirements:
    (a) Similar varietal characteristics, except when designated as a 
mixed or specialty pack;
    (b) Not seriously misshapen;
    (c) Free from:
    (1) Freezing;
    (2) Blackheart;
    (3) Late blight, southern bacterial wilt and ring rot; and,
    (4) Soft rot and wet breakdown.
    (d) Free from serious damage by any other cause. See Sec. Sec.  
51.1564 and 51.1565.
    (e) Size. Not less than 1\1/2\ inches in diameter, unless otherwise 
specified in connection with the grade.
    (f) For tolerances see Sec.  51.1546.

[35 FR 18258, Dec. 1, 1970, as amended at 76 FR 31789, June 2, 2011]

                              Unclassified



Sec.  51.1544  [Reserved]

                                  Size



Sec.  51.1545  Size.

    (a) The minimum size, or minimum and maximum sizes may be specified 
in connection with the grade in terms of diameter or weight of the 
individual potato, or in accordance with one of the size designations in 
Table I or Table II: Provided, That sizes so specified shall not be in 
conflict with the basic size requirements for the grade.
    (b) When size is designated as shown in Table II, the corresponding 
weight ranges shall apply. These size designations may be applied to 
potatoes packed in any size container: Provided, that the weight ranges 
are within the limits specified.

[[Page 419]]



                                                     Table 1
----------------------------------------------------------------------------------------------------------------
                                                            Minimum diameter \1\ or     Maximum diameter \1\ or
                                                                     weight                     weight
                     Size designation                     ------------------------------------------------------
                                                              Inches       Ounces        Inches        Ounces
----------------------------------------------------------------------------------------------------------------
Creamer..................................................        \3/4\         (\3\)       1\5/8\          (\3\)
Chef.....................................................       2\3/4\            8        4\1/2\            28
Size A\2\................................................       1\7/8\         (\3\)         (\3\)         (\3\)
Size B...................................................       1\1/2\         (\3\)       2\1/4\          (\3\)
Small....................................................       1\3/4\         (\3\)       2\1/2\             6
Medium...................................................       2\1/4\            5        3\1/4\            10
Large....................................................            3           10        4\1/2\           28
----------------------------------------------------------------------------------------------------------------
\1\ Diameter means the greatest dimension at right angles to the longitudinal axis, without regard to the
  position of the stem end.
\2\ In addition to the minimum size specified, a lot of potatoes designated as Size A shall contain at least 40
  percent of potatoes which are 2\1/2\ inches in diameter or larger or 6 ounces in weight or larger.
\3\ No requirement.


                                Table II
                                [Ounces]
------------------------------------------------------------------------
                                                    Minimum     Maximum
                Size designation                    weight      weight
------------------------------------------------------------------------
Under 50........................................          15
50..............................................          12          19
60..............................................          10          16
70..............................................           9          15
80..............................................           8          13
90..............................................           7          12
100.............................................           6          10
110.............................................           5           9
120.............................................           4           8
130.............................................           4           8
140.............................................           4           8
Over 140........................................           4           8
------------------------------------------------------------------------


[35 FR 18258, Dec. 1, 1970, as amended at 37 FR 2745, Feb. 5, 1972. 
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 
46 FR 63203, Dec. 31, 1981; amended at 56 FR 7553, Feb. 25, 1991; 73 FR 
15055, Mar. 21, 2008; 73 FR 70585, Nov. 21, 2008]

                               Tolerances



Sec.  51.1546  Tolerances.

    To allow for variations incident to proper grading and handling in 
each of the foregoing grades, the following tolerances by weight or 
equivalent basis, are provided as specified.
    (a) For defects--(1) U.S. No. 1. (i) At Shipping Point: A total of 8 
percent for potatoes in any lot which fail to meet the requirements for 
the grade: Provided, That included in this tolerance not more than the 
following percentages shall be allowed for the defects listed:
    (A) 5 percent for external defects;
    (B) 5 percent for internal defects; and
    (C) Not more than a total of 1 percent for potatoes which are frozen 
or affected by soft rot or wet breakdown. See Sec.  51.1547.
    (ii) En route or at destination: A total of 10 percent for potatoes 
in any lot which fail to meet the requirements for the grade: Provided, 
That included in this tolerance not more than a total of 8 percent shall 
be allowed for permanent defects: And provided further, the following 
percentages shall be allowed for the defects listed:
    (A) 7 percent for external defects, including therein not more than 
5 percent for permanent external defects;
    (B) 7 percent for internal defects, including therein not more than 
5 percent for permanent internal defects; and
    (C) Not more than a total of 2 percent for potatoes which are frozen 
or affected by soft rot or wet breakdown. See Sec.  51.1547.
    (2) U.S. Commercial: A total of 20 percent for potatoes in any lot 
which fail to meet the requirements for the grade: Provided, That 
included in this tolerance not more than the following percentages shall 
be allowed for the defects listed:
    (i) 10 percent for potatoes which fail to meet the requirements for 
U.S. No. 2 grade, including therein not more than:
    (ii) 6 percent for external defects;
    (iii) 6 percent for internal defects; and
    (iv) Not more than a total of 1 percent for potatoes which are 
frozen or affected by soft rot or wet breakdown. See Sec.  51.1547.
    (3) U.S. No. 2. (i) At Shipping Point: A total of 10 percent for 
potatoes in any lot which fail to meet the requirements for the grade: 
Provided, That included in this tolerance not more than the following 
percentages shall be allowed for the defects listed:

[[Page 420]]

    (A) 6 percent for external defects;
    (B) 6 percent for internal defects; and
    (C) Not more than a total of 1 percent for potatoes which are frozen 
or affected by soft rot or wet breakdown. See Sec.  51.1547.
    (ii) En route or at destination: A total of 12 percent for potatoes 
in any lot which fail to meet the requirements for the grade: Provided, 
That included in this tolerance not more than a total of 10 percent 
shall be allowed for permanent defects: And provided further, the 
following percentages shall be allowed for the defects listed:
    (A) 8 percent for external defects, including therein not more than 
6 percent for permanent external defects;
    (B) 8 percent for internal defects, including therein not more than 
6 percent for permanent internal defects; and
    (C) Not more than a total of 2 percent for potatoes which are frozen 
or affected by soft rot or wet breakdown. See Sec.  51.1547.
    (b) For off-size. (1) Not more than 3 percent of the potatoes in any 
lot may be smaller than the required or specified minimum size except 
that a tolerance of 5 percent shall be allowed for potatoes packed to 
meet a minimum size of 2\1/4\ inches or larger in diameter or 5 ounces 
or more in weight. In addition, not more than 10 percent may be larger 
than any required or specified maximum size. See Sec.  51.1547.
    (2) When a percentage of the potatoes is specified to be of a 
certain size and larger, individual samples shall have not less than 
one-half of the percentage specified: Provided, That the average for the 
entire lot is not less than the percentage specified.

[35 FR 18258, Dec. 1, 1970. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981; amended at 56 FR 
7553, Feb. 25, 1991; 73 FR 15055, Mar. 21, 2008; 73 FR 70585, Nov. 21, 
2008; 76 FR 31789, June 2, 2011]

                        Application of Tolerances



Sec.  51.1547  Application of tolerances.

    Individual samples shall have not more than double the tolerances 
specified, except that at least one defective and one off-size potato 
may be permitted in any sample: Provided, That en route or at 
destination one-tenth of the samples may contain three times the 
tolerance permitted for potatoes which are frozen or affected by soft 
rot or wet breakdown: And provided further, That the averages for the 
entire lot are within the tolerances specified for the grade.

                Samples for Grade and Size Determination



Sec.  51.1548  Samples for grade and size determination.

    Individual samples shall consist of at least 20 pounds. When 
individual packages contain at least 20 pounds, each individual sample 
is drawn from one package; when packages contain less than 20 pounds, a 
sufficient number of adjoining packages are opened to provide at least a 
20-pound sample. The number of such individual samples drawn for grade 
and size determination will vary with the size of the lot.

                                Skinning



Sec.  51.1549  Skinning.

    (a) The following definitions provide a basis for describing lots of 
potatoes as to the degree of skinning whenever description may be 
appropriate:
    (1) ``Practically no skinning'' means that not more than 5 percent 
of the potatoes in the lot have more than one-tenth of the skin missing 
or ``feathered'';
    (2) ``Slightly skinned'' means that not more than 10 percent of the 
potatoes in the lot have more than one-fourth of the skin missing or 
``feathered'';
    (3) ``Moderately skinned'' means that not more than 10 percent of 
the potatoes in the lot have more than one-half of the skin missing or 
``feathered''; and
    (4) ``Badly skinned'' means that more than 10 percent of the 
potatoes in the lot have more than one-half of the skin missing or 
``feathered''.

                               Definitions



Sec.  51.1550  Similar varietal characteristics.

    Similar varietal characteristics means that the potatoes in any lot 
have the same general shape, color and character of skin, and color of 
flesh.

[[Page 421]]



Sec.  51.1551  Firm.

    Firm means that the potato is not shriveled or flabby.



Sec.  51.1552  Clean.

    Clean means that at least 90 percent of the potatoes in any lot are 
practically free from dirt or staining and practically no loose dirt or 
other foreign matter is present in the container.



Sec.  51.1553  Fairly clean.

    Fairly clean means that at least 90 percent of the potatoes in any 
lot are reasonably free from dirt or staining and not more than a slight 
amount of loose dirt or foreign matter is present in the container.



Sec.  51.1554  Mature.

    Mature means that the skins of the potatoes are generally firmly set 
and not more than 5 percent of the potatoes in the lot have more than 
one-tenth of the skin missing or ``feathered.''



Sec.  51.1555  Fairly well matured.

    Fairly well matured means that the skins of the potatoes are 
generally fairly firmly set and not more than 10 percent of the potatoes 
in the lot have more than one-fourth of the skin missing or 
``feathered.''



Sec.  51.1556  Well shaped.

    Well shaped means that the potato has the normal shape for the 
variety.



Sec.  51.1557  Fairly well shaped.

    Fairly well shaped means that the potato is not materially pointed, 
dumbbell-shaped or otherwise materially deformed.



Sec.  51.1558  Seriously misshapen.

    Seriously misshapen means that the potato is seriously pointed, 
dumbell-shaped or otherwise badly deformed.



Sec.  51.1559  [Reserved]



Sec.  51.1560  Damage.

    ``Damage'' means any defect, or any combination of defects, which 
materially detracts from the edible or marketing quality, or the 
internal or external appearance of the potato, or any external defect 
which cannot be removed without a loss of more than 5 percent of the 
total weight of the potato. See Tables III, IV, V and VI in Sec.  
51.1564 and Table VII in Sec.  51.1565.

[76 FR 31789, June 2, 2011]



Sec.  51.1561  Serious damage.

    ``Serious damage'' means any defect, or any combination of defects, 
which seriously detracts from the edible or marketing quality, or the 
internal or external appearance of the potato, or any external defect 
which cannot be removed without a loss of more than 10 percent of the 
total weight of the potato. See Tables III, IV, V and VI in Sec.  
51.1564 and Table VII in 5Sec.  1.1565.

[76 FR 31789, June 2, 2011]



Sec.  51.1562  Freezing.

    Freezing means that the potato is frozen or shows evidence of having 
been frozen.



Sec.  51.1563  Soft rot or wet breakdown.

    Soft rot or wet breakdown means any soft, mushy, or leaky condition 
of the tissue such as slimy soft rot, leak, or wet breakdown following 
freezing injury.



Sec.  51.1564  External defects.

    External defects are defects which can be detected externally. 
However, cutting may be required to determine the extent of the injury. 
Some external defects are listed in Tables III, IV, V and VI.

                       Table III--External Defects
------------------------------------------------------------------------
           Defects                   Damage           Serious damage\1\
------------------------------------------------------------------------
Air Cracks..................  When removal causes   When removal causes
                               a loss of more than   a loss of more than
                               5 percent of the      10 percent of the
                               total weight of the   total weight of the
                               potato or when the    potato or when the
                               air crack(s)          air crack(s)
                               affects more than     affects more than
                               \1/3\ the length or   \3/4\ the length or
                               diameter of the       diameter of the
                               potato (whichever     potato (whichever
                               is greater) in the    is greater) in the
                               aggregate.            aggregate.

[[Page 422]]

 
Artificial Coloring.........  When unsightly or     When concealing a
                               when concealing any   serious defect or
                               defect causing        when penetrating
                               damage or when        into the flesh and
                               penetrating the       removal causes loss
                               flesh and removal     of more than 10
                               causes loss of more   percent of total
                               than 5 percent of     weight of potato.
                               total weight of
                               potato.
Bruises (Not including        When removal causes   When removal causes
 pressure bruise and sunken    a loss of more than   a loss of more than
 discolored areas).            5 percent of the      10 percent of the
                               total weight of the   total weight of the
                               potato or when the    potato or when the
                               area affected is      area affected is
                               more than 5 percent   more than 10
                               of the surface in     percent of the
                               the aggregate         surface in the
                               (i.e., \3/4\ inch     aggregate (i.e.,
                               on a 2\1/2\ inch or   1\1/4\ inches on a
                               6 oz. potato).        2\1/2\ inch or 6
                               Correspondingly       oz. potato).
                               lesser or greater     Correspondingly
                               areas in smaller or   lesser or greater
                               larger potatoes.      areas in smaller or
                                                     larger potatoes.
Cuts........................  When one smooth cut   Cut(s) that affect
                               affects more than 5   more than 10
                               percent of the        percent of the
                               surface area.         surface area in the
                                                     aggregate or when a
                                                     single side cut
                                                     extends beyond \1/
                                                     2\ the length of
                                                     the potato.
Dirt........................  When materially       When seriously
                               detracting from the   detracting from the
                               appearance of the     appearance of the
                               potato.               potato.
Elephant Hide...............  When affecting over   When affecting over
                               10 percent of the     25 percent of the
                               surface area of the   surface area.
                               potato.
Enlarged Lenticels..........  When materially       When seriously
                               detracting from the   detracting from the
                               appearance of the     appearance of the
                               potato.               potato.
External Discoloration        When more than 30     When more than 60
 (Areas that are light tan     percent of the        percent of the
 or lighter in color and       surface is affected   surface is affected
 blends should be ignored).    by light tan or       by light tan or
                               light brown colors    light brown colors
                               which do not blend    which do not blend
                               or when more than     or when more than
                               15 percent of the     30 percent of the
                               surface is affected   surface is affected
                               by colors darker      by colors darker
                               than light tan or     than light tan or
                               light brown.          light brown.
Flattened or Depressed Areas/ When removal of       When removal of
 Pressure Bruises.             underlying            underlying
                               discolored flesh      discolored flesh
                               causes a loss of      the causes a loss
                               more than 5 percent   of more than 10
                               of the total weight   percent of the
                               of the potato or      weight of the
                               when the flattened    potato or when the
                               or depressed          flattened depressed
                               area(s) covers more   area(s) covers more
                               surface area than     surface area than
                               allowed in Table      allowed in the
                               IV. (See Table IV.).  Table IV. (See
                                                     Table IV.)
Flea Beetle Injury..........  When materially       When seriously
                               detracting from the   detracting from the
                               appearance or when    appearance of the
                               removal causes a      potato or when
                               loss of more than 5   removal causes a
                               percent of the        loss of more than
                               total weight of the   10 percent of the
                               potato or when the    weight of the
                               area affected is      potato or when the
                               more than 5 percent   area affected is
                               of the surface in     more than 10
                               the aggregate.        percent of the
                                                     surface in the
                                                     aggregate.
Greening....................  When removal causes   When removal causes
                               a loss of more than   a loss of more than
                               5 percent of the      10 percent of the
                               total weight of the   weight of the
                               potato or when        potato or when
                               green color affects   green color affects
                               more than 25          more than 50
                               percent of the        percent of the
                               surface in the        surface in the
                               aggregate.            aggregate.
Growth Cracks...............  When the growth       When the growth
                               crack(s) affects      crack(s) affects
                               more than \1/2\ the   more than \3/4\ the
                               length of the         length of the
                               potato in the         potato in the
                               aggregate on round    aggregate or when
                               varieties or more     the depth is
                               than \1/3\ the        greater than that
                               length in the         as outlined in
                               aggregate on long     Table V. (See Table
                               varieties; or, when   V.).
                               the depth is
                               greater than that
                               as outlined in
                               Table V. (See Table
                               V.).
Grub Damage.................  When removal causes   When removal causes
                               a loss of more than   a loss of more than
                               5 percent of the      10 percent of the
                               total weight of the   total weight of the
                               potato or when        potato or when
                               affecting more than   affecting more than
                               5 percent of the      10 percent of the
                               surface area (i.e.    surface area (i.e.
                               more than \3/4\       more than 1\1/4\
                               inch on a 2\1/2\      inch on a 2\1/2\
                               inch or 6 ounce       inch or 6 ounce
                               potato).              potato).
                               Correspondingly       Correspondingly
                               lesser or greater     lesser or greater
                               areas in smaller or   areas in smaller or
                               larger potatoes.      larger potatoes.
Insects or Worms............  (See Serious          When present inside
                               Damage.).             the potato.
Nematode (Root Knot)........  When removal causes   When removal causes
                               loss of more than 5   loss of more than
                               percent of total      10 percent of total
                               weight of potato.     weight of potato.
Rhizoctonia.................  When affecting more   When affecting more
                               than 15 percent of    than 50 percent of
                               the surface in the    the surface in the
                               aggregate.            aggregate.
Russeting (On Non Russet      When more than 50     N/A.
 Type).                        percent of the
                               surface is affected
                               in the aggregate.
Rodent or Bird Damage.......  When removal causes   When removal causes
                               a loss of more than   a loss of more than
                               5 percent of the      10 percent of the
                               total weight of the   total weight of the
                               potato or when        potato or when
                               affecting more than   affecting more than
                               5 percent of the      10 percent of the
                               surface area (i.e.    surface area (i.e.
                               more than \3/4\       more than 1\1/4\
                               inch on a 2\1/2\      inch on a 2\1/2\
                               inch or 6 ounce       inch or 6 ounce
                               potato).              potato).
                               Correspondingly       Correspondingly
                               lesser or greater     lesser or greater
                               areas in smaller or   areas in smaller or
                               larger potatoes.      larger potatoes.

[[Page 423]]

 
Scab, Pitted................  When removal causes   When the removal
                               a loss of more than   causes a loss of
                               5 percent of the      more than 10
                               total weight of the   percent of the
                               potato or when scab   total weight of the
                               affects an            potato or when scab
                               aggregate area of     affects an
                               more than \1/2\       aggregate area of
                               inch. (Based on a     more than 1 inch.
                               potato 2\1/2\         (Based on a potato
                               inches in diameter    2\1/2\ inches in
                               or 6 oz. in           diameter or 6 oz.
                               weight.)              in weight.)
                               Correspondingly       Correspondingly
                               lesser or greater     lesser or greater
                               areas in smaller or   areas in smaller or
                               larger potatoes.      larger potatoes.
Scab, Russet................  Smooth and affecting  Rough and affecting
                               more than \1/3\ of    more than 25
                               the surface or        percent of the
                               rough russet scab     surface in the
                               which affects more    aggregate.
                               than 10 percent of
                               the surface in the
                               aggregate.
Scab, Surface...............  When more than 5      When more than 25
                               percent of the        percent of the
                               surface in the        surface in the
                               aggregate is          aggregate is
                               affected.             affected.
Second Growth...............  When materially       When seriously
                               detracting from the   detracting from the
                               appearance of the     appearance of the
                               potato.               potato.
Silver Scurf................  When affecting more   When its severity
                               than 50 percent of    causes a wrinkling
                               the surface area of   of the skin over
                               the potato.           more than 50
                                                     percent of the
                                                     surface.
Sprouts.....................  When more than 5      When more than 10
                               percent of the        percent of the
                               potatoes in any lot   potatoes in any lot
                               have any sprout       have any sprout
                               more than \1/4\       more than \1/2\
                               inch in length at     inch in length at
                               shipping point;       shipping point;
                               more than \1/2\       more than 1 inch in
                               inch in length at     length at
                               destination; or       destination; or
                               have numerous         have numerous
                               individual and/or     individual and/or
                               clusters of sprouts   clusters of sprouts
                               which materially      which seriously
                               detract from the      detract from the
                               appearance of the     appearance of the
                               potato.               potato. Serious
                                                     damage by sprouts
                                                     shall only be
                                                     scored against the
                                                     U.S. Commercial and
                                                     U.S. No. 2 grades.
Sunburn.....................  When removal causes   When removal causes
                               loss of more than 5   loss more than 10
                               percent of total      percent of total
                               weight of potato.     weight of potato.
Sunken Discolored Areas.....  SEE TABLE VI........  SEE TABLE VI.
Surface Cracks (Areas         When smooth shallow   When rough deep
 affected by fine net-like     cracking affects      cracking affects
 cracking should be            more than \1/3\ of    more than 10
 ignored.).                    the surface or when   percent of the
                               rough deep cracking   surface.
                               affects more than 5
                               percent of the
                               surface.
Wireworm or Grass Damage....  When affecting the    When affecting the
                               flesh of the potato   flesh of the potato
                               and removal causes    and removal causes
                               loss of more than 5   loss of more than
                               percent of total      10 percent of total
                               weight of potato..    weight of potato.
------------------------------------------------------------------------
The following defects are considered serious damage when present in any
  degree: 1. Freezing. 2. Late blight. 3. Ring rot. 4. Southern
  bacterial wilt. 5. Soft rot. 6. Wet breakdown.


                  Table IV--Flattened or Depressed Areas--Pressure Bruises Maximum Area Allowed
----------------------------------------------------------------------------------------------------------------
              Diameter                         Weight           No. 1 (aggregate area)    No. 2 (aggregate area)
----------------------------------------------------------------------------------------------------------------
Potato is:                            Potato is:               Not more than:            Not more than:
    Less than 2 in..................     Less than 4 oz......     \1/2\ in.............     1 in
    2 to 2\1/2\ in..................     4 to 6 oz...........     1 in.................     1\1/2\ in
    More than 2\1/2\ to 3 in........     More than 6 to 8 oz.     1\1/4\ in............     1\3/4\ in
    More than 3 to 3\1/2\ in........     More than 8 to 14 oz     1\1/2\ in............     1\7/8\ in
    More than 3\1/2\ to 4 in........     More than 14 to 20       1\3/4\ in............     2 in
                                          oz.
    More than 4 to 4\1/2\ in........     More than 20 to 28       2 in.................     2\1/4\ in
                                          oz.
    More than 4\1/2\ to 5 in........     More than 28 to 36       2\1/4\ in............     2\3/4\ in
                                          oz.
    More than 5 in..................     More than 36 oz.....     2\1/2\ in............     3\1/4\ in
----------------------------------------------------------------------------------------------------------------


                                    Table V--Depth Allowed for Growth Cracks
----------------------------------------------------------------------------------------------------------------
              Diameter                         Weight                No. 1 (depth)            No. 2 (depth)
----------------------------------------------------------------------------------------------------------------
Potato is:                            Potato is:               Not more than:            Not more than:
    Less than 2 in..................     Less than 4 oz......     \1/8\ in.............     \1/4\ in
    2 to 2\1/2\ in..................     4 oz to 6 oz........     \1/4\ in.............     \3/8\ in
    More than 2\1/2\ to 3 in........     More than 6 oz to 8      \3/8\ in.............     \1/2\ in
                                          oz.
    More than 3 in..................     More than 8 oz......     \1/2\ in.............     \5/8\ in
----------------------------------------------------------------------------------------------------------------


[[Page 424]]


                             Table VI--Sunken Discolored Areas Maximum Area Allowed
----------------------------------------------------------------------------------------------------------------
              Diameter                         Weight           No. 1 (aggregate area)    No. 2 (aggregate area)
----------------------------------------------------------------------------------------------------------------
Potato is:                            Potato is:               Not more than:            Not more than:
    Less than 2 in..................     Less than 4 oz......     \3/8\ in.............     \3/4\ in
    2 to 2\1/2\ in..................     4 to 6 oz...........     \3/4\ in.............     1 in
    More than 2\1/2\ to 3 in........     More than 6 to 8 oz.     1 in.................     1\1/4\ in
    More than 3 to 3\1/2\ in........     More than 8 to 14 oz     1\1/4\ in............     1\1/2\ in
    More than 3\1/2\ to 4 in........     More than 14 to 20       1\1/2\ in............     1\3/4\ in
                                          oz.
    More than 4 to 4\1/2\ in........     More than 20 to 28       1\3/4\ in............     2 in
                                          oz.
    More than 4\1/2\ to 5 in........     More than 28 to 36       2 in.................     2\1/4\ in
                                          oz.
    More than 5 in..................     More than 36 oz.....     2\1/4\ in............     2\1/2\ in
----------------------------------------------------------------------------------------------------------------


[35 FR 18258, Dec. 1, 1970, as amended at 73 FR 15055, Mar. 21, 2008; 73 
FR 70586, Nov. 21, 2008; 76 FR 31789, June 2, 2011]



Sec.  51.1565  Internal defects.

    Internal defects are defects which cannot be detected without 
cutting the potato. Some internal defects are listed in Table VII.

                       Table VII--Internal Defects
------------------------------------------------------------------------
                                 Damage Maximum        Serious Damage
           Defects                   Allowed           Maximum Allowed
------------------------------------------------------------------------
   Occurring outside of or not entirely confined to the vascular ring
------------------------------------------------------------------------
Ingrown Sprouts, Internal     5 percent waste.....  10 percent waste.
 Discoloration, Vascular
 Browning, Fusarium Wilt,
 Net Necrosis, Other
 Necrosis, Stem End Browning.
------------------------------------------------------------------------
Internal Black Spot.........  When the spot(s) are  When the spot(s) are
                               darker than the       darker than the
                               official color chip   official color chip
                               (POT-CC-2) after      (POT-CC-2) after
                               removing 5 percent    removing 10 percent
                               of the total weight   of the total weight
                               of the potato.        of the potato.
------------------------------------------------------------------------
               Occurring entirely within the vascular ring
------------------------------------------------------------------------
Hollow Heart or Hollow Heart  Area affected not to  Area affected not to
 with Discoloration.           exceed that of a      exceed that of a
                               circle \1/2\ inch     circle \3/4\ inch
                               in diameter in a      in diameter in a
                               potato 2\1/2\-        potato 2\1/2\-
                               inches in diameter    inches in diameter
                               or 6 ounces in        or 6 ounces in
                               weight. \1\           weight.\1\
------------------------------------------------------------------------
Light Brown Discoloration     Area affected not to  Area affected not to
 (Brown Center).               exceed that of a      exceed that of a
                               circle \1/2\ inch     circle \3/4\ inch
                               in diameter in a      in diameter in a
                               potato 2\1/2\         potato 2\1/2\
                               inches in diameter    inches in diameter
                               or 6 ounces in        or 6 ounces in
                               weight.\1\            weight.\1\
------------------------------------------------------------------------
               Occurring entirely within the vascular ring
------------------------------------------------------------------------
Internal Brown Spot and       Not more than the     Not more than the
 Similar Discoloration (Heat   equivalent of 3       equivalent of 6
 Necrosis).                    scattered spots \1/   scattered spots \1/
                               8\ inch in diameter   8\ inch in diameter
                               in a potato 2\1/2\-   in a potato 2\1/2\-
                               inches in diameter    inches in diameter
                               or 6 ounces in        or 6 ounces in
                               weight.\1\            weight.\1\
------------------------------------------------------------------------
\1\Note: Correspondingly lesser or greater areas in smaller or larger
  potatoes.


[35 FR 18258, Dec. 1, 1970. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981; amended at 56 FR 
7553, Feb. 25, 1991; 56 FR 10302, Mar. 11, 1991; 73 FR 15058, Mar. 21, 
2008 ; 73 FR 70586, Nov. 21, 2008; 76 FR 31789, June 2, 2011]

                         Metric Conversion Table



Sec.  51.1566  Metric conversion table.

------------------------------------------------------------------------
                                                             Millimeters
                           Inches                                (mm)
------------------------------------------------------------------------
\1/8\ equals...............................................          3.2
\1/4\ equals...............................................          6.4
\1/2\ equals...............................................         12.7
\3/4\ equals...............................................         19.1
1 equals...................................................         25.4
1\1/2\ equals..............................................         38.1
2 equals...................................................         50.8
2\1/2\ equals..............................................         63.5
3 equals...................................................         76.2
3\1/2\ equals..............................................         88.9
4 equals...................................................        101.6

[[Page 425]]

 
4\1/2\ equals..............................................        114.3
------------------------------------------------------------------------


------------------------------------------------------------------------
                           Ounces                               Grams
------------------------------------------------------------------------
1 equals...................................................        28.35
4 equals...................................................       113.40
5 equals...................................................       141.75
6 equals...................................................       170.10
7 equals...................................................       198.45
8 equals...................................................       226.80
9 equals...................................................       255.15
10 equals..................................................       283.50
12 equals..................................................       340.20
14 equals..................................................       396.90
16 equals..................................................       453.60
18 equals..................................................       510.30
19 equals..................................................       538.60
20 equals..................................................       567.00
------------------------------------------------------------------------



          Subpart_United States Consumer Standards for Potatoes

    Source: 18 FR 7132, Nov. 11, 1953, unless otherwise noted. 
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 
46 FR 63203, Dec. 31, 1981.

                                 Grades



Sec.  51.1575  U.S. Grade A Small; U.S. Grade A Medium; U.S. Grade A Medium
to Large; U.S. Grade A Large.

    Potatoes of each of these grades shall be of one variety or similar 
varietal characteristics which are fairly well shaped, fairly clean, 
free from freezing injury, blackheart, late blight, and soft rot or wet 
breakdown, and from damage caused by sunburn, second growth, growth 
cracks, air cracks, hollowheart, internal discoloration, cuts, 
shriveling, sprouting, scab, dry rot, rhizoctonia, other diseases, 
wireworm, other insects, or mechanical or other means. Potatoes of these 
grades shall also be mature: Provided, That potatoes which are not 
mature and the outer skin loosens or ``feathers'' readily under the 
usual handling practices need not meet this requirement if they are firm 
and are further designated as ``Early'' in connection with the grade, as 
for example ``U.S. Grade A Medium-Early.'' Potatoes on the shown face 
shall be reasonably representative in size and quality of the contents 
of the containers. (See Sec.  51.5177.)
    (a) Tolerances. Incident to proper grading and handling, except for 
the tolerances for size, not more than a total of 5 percent, by weight, 
of the potatoes in any lot may fail to meet the requirements of the 
grade, including not more than 1 percent for potatoes affected by soft 
rot or wet breakdown. (See Sec.  51.1579.)



Sec.  51.1576  U.S. Grade B Small; U.S. Grade B Medium; U.S. Grade 
B Medium to Large; U.S. Grade B Large.

    Potatoes of each of these grades shall meet the requirements for 
U.S. Grade A Small; U.S. Grade A Medium; U.S. Grade A Medium to Large; 
and U.S. Grade A Large, except for the increased tolerance for defects 
specified below. (See Sec.  51.1577.)
    (a) Tolerances. Incident to proper grading and handling, except for 
the tolerance for size, not more than a total of 20 percent, by weight, 
of the potaotes in any lot may fail to meet the requirements of the 
grade, but not more than 5 percent shall be allowed for potatoes which 
are seriously damaged by any cause, including not more than 1 percent 
for potatoes affected by soft rot or wet breakdown. (See Sec.  51.1579.)

                                  Size



Sec.  51.1577  Size range requirements.

    In addition to the quality requirements specified for the above 
grades, potatoes shall also meet the requirements for minimum and 
maximum diameter or weight, and the tolerances as specified for the 
various grades in the table appearing in this section. Potatoes 
specified as meeting one of the grades may be of any size within its 
size range requirements, except that it is not permissible to specify a 
lot as ``U.S. Grade A Medium to Large,'' or ``U.S. Grade B Medium to 
Large,'' unless more than 15 percent, by weight, of the potatoes are 
larger than the maxiumum size required for U.S. Grade A Medium, or U.S. 
Grade B Medium, respectively. For example, a lot of round or 
intermediate-shaped potatoes to be specified as ``U.S. Grade A Medium to 
Large'' must have more than 15 percent, by weight, of potatoes from 3 to 
4 inches in diameter.

[[Page 426]]



----------------------------------------------------------------------------------------------------------------
                                                       Size range           Size range       Tolerance for size
                                                      requirements,     requirements, long ---------------------
                                                        round or            varieties
                                                      intermediate    ---------------------
                      Grades                        shaped varieties                          Under-
                                                  --------------------  Minimum    Maximum     size    Over-size
                                                    Minimum   Maximum   diam. or   weight   (Percent)  (Percent)
                                                   diameter  diameter     wt.     (Ounces)
                                                   (Inches)  (Inches)
----------------------------------------------------------------------------------------------------------------
U.S. Grades A & B small..........................    1\1/2\    2\1/4\     1\1/2\         4          3         15
                                                                          inches
U.S. Grades A & B medium.........................    2\1/4\         3   4 ounces        10          5         15
U.S. Grades A & B medium to large................    2\1/4\         4   4 ounces        16          5         15
U.S. Grades A & B large..........................         3         4  10 ounces        16          5         15
----------------------------------------------------------------------------------------------------------------

                                Off-Grade



Sec.  51.1578  Off-Grade potatoes.

    Potatoes which fail to meet the requirements of any of the foregoing 
grades shall be Off-Grade potatoes.

                        Application of Tolerances



Sec.  51.1579  Application of tolerances to individual containers.

    (a) Based on sample inspection, the contents of individual 
containers in the lot are subject to the following limitations: 
Provided, That the averages for the entire lot are within the tolerances 
specified for the grade:
    (1) When a tolerance is 10 percent or more, not more than one-tenth 
of the individual containers in any lot may contain more than one and 
one-half times the tolerance specified, except that at least one 
defective and one off-sized specimen may be permitted in a container.
    (2) When a tolerance is less than 10 percent, not more than one-
tenth of the individual containers in any lot may contain more than 
double the tolerance specified, but no package may contain more than 
four times the tolerance for soft rot or wet breakdown, except that at 
least one defective and one off-sized specimen may be permitted in a 
container.

                               Definitions



Sec.  51.1580  Fairly well shaped.

    Fairly well shaped means that the appearance of the individual 
potato or the general appearance of the potatoes in the container is not 
materially injured by pointed, dumbbell-shaped or otherwise ill-formed 
potatoes.



Sec.  51.1581  Fairly clean.

    Fairly clean means that from the viewpoint of general appearance, 
the potatoes in the container are reasonably free from dirt or other 
foreign matter, and that individual potatoes are not materially caked 
with dirt or materially stained.



Sec.  51.1582  Soft rot or wet breakdown.

    Soft rot or wet breakdown means any soft, mushy, or leaky condition 
of the tissue such as slimy soft rot, leak, or wet breakdown following 
freezing injury, scald, or other injury.



Sec.  51.1583  Damage.

    Damage means any injury or defect which materially injures the 
edible or shipping quality, or the appearance of the individual potato 
or the general appearance of the potatoes in the container, or which 
cannot be removed without a loss of more than 5 percent of the total 
weight of the potato including peel covering defective area. Loss of 
outer skin (epidermis) shall not be considered as damage when the 
potatoes are designated as ``Early'' unless the skinned surface is 
materially affected by dark discoloration. Any one of the following 
defects, or any combination of defects, the seriousness of which exceeds 
the maximum allowed for any one defect, shall be considered as damage:
    (a) Second growth or growth cracks which have developed to such an 
extent as to materially injure the appearance of the individual potato 
or the general appearance of the potatoes in the container.

[[Page 427]]

    (b) Air cracks which are deep, or shallow air cracks which 
materially injure the appearance of the individual potato or the general 
appearance of the potatoes in the container.
    (c) Shriveling, when the potato is more than moderately shriveled, 
spongy, or flabby.
    (d) Sprouting, when the sprouts are not dried and are more than one-
half inch long.
    (e) Surface scab which covers an area of more than 5 percent of the 
surface of the potato in the aggregate.
    (f) Pitted scab which affects the appearance of the potato to a 
greater extent than the amount of surface scab permitted or causes a 
loss of more than 5 percent of the total weight of the potato including 
peel covering defective area.
    (g) Rhizoctonia, when the general appearance of the potatoes in the 
container is materially injured or when individual potatoes are badly 
infected.
    (h) Wireworm, grass root or similar injury, when any hole on 
potatoes ranging in size from 6 to 8 ounces is longer than three-fourths 
inch, or when the aggregate length of all holes is more than one and 
one-fourth inches; smaller potatoes shall have lesser amounts and larger 
potatoes may have greater amounts, provided, that the removal of the 
injury by proper trimming does not cause the appearance of such potatoes 
to be injured to a greater extent than that caused by the proper 
trimming of such injury permitted on a 6 to 8 ounce potato.



Sec.  51.1584  Internal discoloration.

    Internal discoloration means discoloration such as is caused by net 
necrosis or any other type of necrosis, stem-end browning, internal 
brown spot, or other similar types of discoloration not visible 
externally.



Sec.  51.1585  Mature.

    Mature means that the outer skin (epidermis) does not loosen or 
``feather'' readily during the ordinary methods of handling.



Sec.  51.1586  Serious damage.

    Serious damage means any injury or defect which seriously injures 
the edible or shipping quality, or the appearance of the individual 
potato or the general appearance of the potatoes in the container, or 
which cannot be removed without a loss of more than 10 percent of the 
total weight of the potato including peel covering defective area. Any 
one of the following defects or any combination of defects the 
seriousness of which exceeds the maximum allowed for any one defect 
shall be considered as serious damage:
    (a) Fairly smooth cuts such as are made by the digger, or by a knife 
to remove injury when both ends are clipped, or when more than an 
estimated one-fourth of the potato is cut away, or, in the case of long 
varieties, when the remaining portion of the clipped potato weighs less 
than 6 ounces; irregular types of cuts which seriously affect the 
appearance of the individual potato, or which cannot be removed without 
a loss of more than 10 percent of the total weight of the potato 
including peel covering defective area.
    (b) Shriveling, when the potato is excessively shriveled, spongy, or 
flabby.
    (c) Surface scab which covers an area of more than 50 percent of the 
surface of the potato in the aggregate.
    (d) Pitted scab which affects the appearance of the potato to a 
greater extent than the amount of surface scab permitted or causes a 
loss of more than 10 percent of the total weight of the potato including 
peel covering defective area.
    (e) Wireworm, grass root or similar injury, when any hole on 
potatoes ranging in size from 6 to 8 ounces is longer than one and one-
fourth inches, or when the aggregate length of all holes is more than 
two inches; smaller potatoes shall have lesser amounts and larger 
potatoes may have greater amounts: Provided, That the removal of the 
injury by proper trimming, does not cause the appearance of such 
potatoes to be injured to a greater extent than that caused by the 
proper trimming of such injury permitted on a 6 to 8 ounce potato.



Sec.  51.1587  Diameter.

    Diameter means the greatest dimension at right angles to the 
longitudinal

[[Page 428]]

axis. The long axis shall be used without regard to the position of the 
stem (rhizome).



    Subpart_United States Standards for Grades of Florida Tangerines

    Source: 61 FR 20713, May 8, 1996, unless otherwise noted.

                                 Grades



Sec.  51.1810  U.S. Fancy.

    ``U.S. Fancy'' consists of tangerines which meet the following 
requirements:
    (a) Basic requirements:
    (1) Discoloration: Not more than one-tenth of the surface, in the 
aggregate, may be affected by discoloration. (See Sec.  51.1828.);
    (2) Firm;
    (3) Highly colored;
    (4) Mature; and,
    (5) Well formed.
    (b) Free from:
    (1) Caked melanose;
    (2) Decay;
    (3) Unhealed skin breaks; and,
    (4) Wormy fruit.
    (c) Free from damage caused by:
    (1) Ammoniation;
    (2) Bruises;
    (3) Buckskin;
    (4) Creasing;
    (5) Dirt or other foreign material;
    (6) Dryness or mushy condition;
    (7) Disease;
    (8) Green spots;
    (9) Hail;
    (10) Insects;
    (11) Oil spots;
    (12) Scab;
    (13) Scale;
    (14) Scars;
    (15) Skin breakdown;
    (16) Sprayburn;
    (17) Sunburn; and,
    (18) Other means.
    (d) For tolerances see Sec.  51.1820.



Sec.  51.1811  U.S. No. 1 Bright.

    The requirements for this grade are the same as for U.S. No. 1 
except that fruit shall have not more than one-fifth of its surface, in 
the aggregate, affected by discoloration. For tolerances see Sec.  
51.1820.



Sec.  51.1812  U.S. No. 1.

    ``U.S. No. 1'' consists of tangerines which meet the following 
requirements:
    (a) Basic requirements:
    (1) Discoloration: Not more than one-third of the surface, in the 
aggregate, may be affected by discoloration. (See Sec.  51.1828.);
    (2) Fairly well colored;
    (3) Firm;
    (4) Mature; and,
    (5) Well formed.
    (b) Free from:
    (1) Decay;
    (2) Unhealed skin breaks; and,
    (3) Wormy fruit.
    (c) Free from damage caused by:
    (1) Ammoniation;
    (2) Bruises;
    (3) Buckskin;
    (4) Caked melanose;
    (5) Creasing;
    (6) Dirt or other foreign material;
    (7) Disease;
    (8) Dryness or mushy condition;
    (9) Green spots;
    (10) Hail;
    (11) Insects;
    (12) Oil spots;
    (13) Scab;
    (14) Scale;
    (15) Scars;
    (16) Skin breakdown;
    (17) Sprayburn;
    (18) Sunburn; and
    (19) Other means.
    (d) For tolerances see Sec.  51.1820.



Sec.  51.1813  U.S. No. 1 Golden.

    The requirements for this grade are the same as for U.S. No. 1 
except that not more than 30 percent, by count, of the fruit shall have 
than more one-third of their surface, in the aggregate, affected by 
discoloration. For tolerances see Sec.  51.1820.



Sec.  51.1814  U.S. No. 1 Bronze.

    The requirements for this grade are the same as for U.S. No. 1 
except that at least 30 percent, by count, of the fruit shall have more 
than one-third of their surface, in the aggregate, affected by 
discoloration. The predominating discoloration on each fruit shall be of 
rust mite type. For tolerances see Sec.  51.1820.

[[Page 429]]



Sec.  51.1815  U.S. No. 1 Russet.

    The requirements for this grade are the same as for U.S. No. 1 
except that at least 30 percent, by count, of the fruit shall have more 
than one-third of their surface, in the aggregate, affected by any type 
of discoloration. For tolerances see Sec.  51.1820.



Sec.  51.1816  U.S. No. 2 Bright.

    The requirements for this grade are the same as for U.S. No. 2 
except that fruit shall have not more than one-fifth of its surface, in 
the aggregate, affected by discoloration. For tolerances see Sec.  
51.1820.



Sec.  51.1817  U.S. No. 2.

    ``U.S. No. 2'' consists of tangerines which meet the following 
requirements:
    (a) Basic requirements:
    (1) Discoloration: Not more than one-half of the surface, in the 
aggregate, may be affected by discoloration. (See Sec.  51.1828.);
    (2) Fairly firm;
    (3) Fairly well formed;
    (4) Mature; and
    (5) Reasonably well colored.
    (b) Free from:
    (1) Decay;
    (2) Unhealed skin breaks; and,
    (3) Wormy fruit.
    (c) Free from serious damage caused by:
    (1) Ammoniation;
    (2) Bruises;
    (3) Buckskin;
    (4) Caked melanose;
    (5) Creasing;
    (6) Dirt or other foreign material;
    (7) Disease;
    (8) Dryness or mushy condition;
    (9) Green spots;
    (10) Hail;
    (11) Insects;
    (12) Oil spots;
    (13) Scab;
    (14) Scale;
    (15) Scars;
    (16) Skin breakdown;
    (17) Sprayburn;
    (18) Sunburn; and
    (19) Other means.
    (d) For tolerances see Sec.  51.1820.



Sec.  51.1818  U.S. No. 2 Russet.

    The requirements for this grade are the same as for U.S. No. 2 
except that at least 10 percent of the fruit shall have more than one-
half of their surface, in the aggregate, affected by any type of 
discoloration. For tolerances see Sec.  51.1820.



Sec.  51.1819  U.S. No. 3.

    ``U.S. No. 3'' consists of tangerines which meet the following 
requirements:
    (a) Basic requirements:
    (1) Mature;
    (2) Not flabby; and
    (3) Not seriously lumpy.
    (b) Free from:
    (1) Decay;
    (2) Unhealed skin breaks; and
    (3) Wormy fruit.
    (c) Free from very serious damage caused by:
    (1) Ammoniation;
    (2) Bruises;
    (3) Caked melanose;
    (4) Creasing;
    (5) Dirt or other foreign material;
    (6) Disease;
    (7) Dryness or mushy condition;
    (8) Hail;
    (9) Insects;
    (10) Scab;
    (11) Scale;
    (12) Scars;
    (13) Skin breakdown;
    (14) Sprayburn;
    (15) Sunburn; and,
    (16) Other means.
    (d) For tolerances see Sec.  51.1820.

                               Tolerances



Sec.  51.1820  Tolerances.

    In order to allow for variations incident to proper grading and 
handling in each of the foregoing grades, the following tolerances, by 
count, based on a minimum 25 count sample, are provided as specified:
    (a) Defects. (1) U.S. Fancy, U.S. No. 1 Bright, U.S. No. 1, U.S. No. 
1 Golden, U.S. No. 1 Bronze, U.S. No. 1 Russet, U.S. No. 2 Bright, U.S. 
No. 2, and U.S. No. 2 Russet grades.

[[Page 430]]

    (i) For defects at shipping point. \1\ Not more than 10 percent of 
the fruit in any lot may fail to meet the requirements of the specified 
grade: Provided, that included in this amount not more than 5 percent 
shall be allowed for defects causing very serious damage, including in 
this latter amount not more than 1 percent for decay or wormy fruit.
---------------------------------------------------------------------------

    \1\ Shipping point, as used in these standards, means the point of 
origin of the shipment in the producing area or at port of loading for 
ship stores or overseas shipment, or, in the case of shipments from 
outside the continental United States, the port of entry into the United 
States.
---------------------------------------------------------------------------

    (ii) For defects en route or at destination. Not more than 12 
percent of the fruit which fail to meet the requirements of the 
specified grade: Provided, that included in this amount not more than 
the following percentages shall be allowed for defects listed:
    (A) 10 percent for fruit having permanent defects; or,
    (B) 7 percent for defects causing very serious damage, including 
therein not more than 5 percent for very serious damage by permanent 
defects and not more than 3 percent for decay or wormy fruit.
    (2) U.S. No. 3.
    (i) For defects at shipping point. \1\ Not more than 10 percent of 
the fruit in any lot may fail to meet the requirements of the grade: 
Provided, that included in this amount not more than 1 percent shall be 
for decay or wormy fruit.
    (ii) For defects en route or at destination. Not more than 12 
percent of the fruit which fail to meet the requirements of the grade: 
Provided, that included in this amount not more than the following 
percentages shall be allowed for defects listed:
    (A) 10 percent for fruit having permanent defects; or,
    (B) 3 percent for decay or wormy fruit.
    (b) Discoloration--(1) U.S. No. 1 Bright, U.S. No. 1, U.S. No. 2 
Bright, and U.S. No. 2. Not more than 10 percent of the fruit in any lot 
may fail to meet the requirements relating to discoloration as specified 
in each grade. No sample may have more than 20 percent of the fruit with 
excessive discoloration: And provided further, that the entire lot 
averages within the percentage specified.
    (2) U.S. No. 1 Golden. Not more than 30 percent of the fruit shall 
have in excess of one-third of their surface, in the aggregate, affected 
by discoloration, and no part of any tolerance shall be allowed to 
increase this percentage. No sample may have more than 40 percent of the 
fruit with excessive discoloration: And provided further, that the 
entire lot averages within the percentage specified.
    (3) U.S. No. 1 Bronze, and U.S. No. 1 Russet. At least 30 percent of 
the fruit shall have in excess of one-third of the surface, in the 
aggregate, affected by discoloration, and no part of any tolerance shall 
be allowed to reduce this percentage. No sample may have less than 20 
percent of the fruit with required discoloration: And provided further, 
that the entire lot averages within the percentage specified.
    (4) U.S. No. 2 Russet. At least 10 percent of the fruit shall have 
in excess of one-half of the surface, in the aggregate, affected by 
discoloration, and no part of any tolerance shall be allowed to reduce 
this percentage: And provided further, that the entire lot averages 
within the percentage specified.

[61 FR 20713, May 8, 1996, as amended at 61 FR 40290, Aug. 2, 1996; 62 
FR 2897, Jan. 21, 1997]

                        Application of Tolerances



Sec.  51.1821  Application of tolerances.

    Individual samples are subject to the following limitations, unless 
otherwise specified in Sec.  51.1820. Individual samples shall have not 
more than one and one-half times a specified tolerance of 10 percent or 
more, and not more than double a specified tolerance of less than 10 
percent: Provided, that at least one decayed or wormy fruit may be 
permitted in any sample: And provided further, that the averages for the 
entire lot are within the tolerances specified for the grade.

[62 FR 2898, Jan. 21, 1997]

                                  Size



Sec.  51.1822  Size.

    (a) Fruits shall be fairly uniform in size and shall be packed in 
containers according to approved and recognized methods.

[[Page 431]]

    (b) ``Fairly uniform in size'' means that not more than 10 percent 
of the tangerines per sample may vary more than one-half inch in 
diameter.
    (c) In order to allow for variations incident to proper sizing, not 
more than 10 percent of the samples in any lot may fail to meet the 
requirements of size.

                               Definitions



Sec.  51.1823  Mature.

    Mature shall have the same meaning assigned the term in the Florida 
Citrus Code, Chapter 601, 1995 Edition, and the Official Rules Affecting 
the Florida Citrus Industry, in effect as of February 12, 1995. These 
tangerine maturity requirements are contained in the Florida Citrus 
Code, Chapter 601, Florida Statutes, Sections 601.21, and 601.22, 1995 
Edition, and the State of Florida Department of Citrus Official Rules 
Affecting the Florida Citrus Industry, Part 1, Chapter 20-13 Market 
Classification, Maturity Standards and Processing or Packing 
Restrictions for Hybrids in effect as of February 12, 1995. This 
incorporation by reference was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies 
may be obtained from, Florida Department of Citrus, Post Office Box 148, 
Lakeland, Florida 33802 or copies of both regulations may be inspected 
at USDA, AMS, F&VD, FPB, Standardization Section, Room 2065-S, 14th and 
Independence Ave., Washington, DC 20250 or at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.



Sec.  51.1824  Firm.

    Firm means that the flesh is not soft and the fruit is not badly 
puffy and that the skin has not become materially separated from the 
flesh of the tangerine.



Sec.  51.1825  Well formed.

    Well formed means that the fruit has the characteristic tangerine 
shape and is not deformed.



Sec.  51.1826  Damage.

    Damage means any specific defect described in Sec.  51.1837, Table 
I; or an equally objectionable variation of any one of these defects, 
any other defect, or any combination of defects, which materially 
detracts from the appearance, or the edible or marketing quality of the 
fruit.



Sec.  51.1827  Highly colored.

    Highly colored means that the ground color of each fruit is a deep 
tangerine color, or characteristic color for the variety, with 
practically no trace of yellow color.



Sec.  51.1828  Discoloration.

    Discoloration means russeting of a light shade of golden brown 
caused by rust mite or other means. Lighter shades of discoloration 
caused by smooth or fairly smooth superficial scars or other means may 
be allowed on a greater area, or darker shades may be allowed on a 
lesser area, provided no discoloration caused by speck type melanose or 
other means may detract from the appearance of the fruit to a greater 
extent than the shade and amount of discoloration allowed in the grade.



Sec.  51.1829  Well colored.

    Well colored means that a good yellow or better ground color 
predominates over the green color on the entire fruit surface with no 
distinct green color present, and that some portion of the surface has a 
reddish tangerine blush, or characteristic color for the variety.



Sec.  51.1830  Fairly well colored.

    Fairly well colored means that the surface of the fruit may have 
green color which does not exceed the aggregate area of a circle 1-\1/4\ 
inches (31.8 mm) in diameter and that the remainder of the surface has a 
yellow or better ground color with some portion of the surface showing 
reddish tangerine blush, or characteristic color for the variety.



Sec.  51.1831  Fairly firm.

    Fairly firm means that the flesh may be slightly soft but is not 
bruised or badly puffy, and that the skin has not

[[Page 432]]

become seriously separated from the flesh of the tangerine.



Sec.  51.1832  Fairly well formed.

    Fairly well formed means that the fruit may not have the shape 
characteristic of the variety but that it is not badly deformed.



Sec.  51.1833  Serious damage.

    Serious damage means any specific defect described in Sec.  51.1837, 
Table I; or an equally objectionable variation of any one of these 
defects, any other defect, or any combination of defects, which 
seriously detracts from the appearance, or the edible or marketing 
quality of the fruit.



Sec.  51.1834  Reasonably well colored.

    Reasonably well colored means that a good yellow or reddish 
tangerine color shall predominate over the green color on at least one-
half of the fruit surface in the aggregate, and that each fruit shall 
show practically no lemon color.



Sec.  51.1835  Very serious damage.

    Very serious damage means any specific defect described in Sec.  
51.1837, Table I; or an equally objectionable variation of any one of 
these defects, any other defect, or any combination of defects, which 
very seriously detracts from the appearance, or the edible or marketing 
quality of the fruit.



Sec.  51.1836  Diameter.

    Diameter means the greatest dimension measured at right angles to a 
line from stem to blossom end.



Sec.  51.1837  Classification of defects.

                                                     Table I
----------------------------------------------------------------------------------------------------------------
                Factor                          Damage               Serious damage        Very serious damage
----------------------------------------------------------------------------------------------------------------
Ammoniation..........................  Not occurring as light   Scars are cracked or     Aggregating more than
                                        speck type, or           dark and aggregating     25 percent of the
                                        detracts more than       more than a circle \5/   surface.
                                        discoloration            8\ inch (15.9 mm) in
                                        permitted in the grade.  diameter.
Bruises..............................  Segment walls are        Segment walls are        Fruit is split open,
                                        collapsed, or rag is     collapsed, or rag is     peel is badly
                                        ruptured and juice       ruptured and juice       watersoaked, or rag is
                                        sacs are ruptured.       sacs are ruptured.       ruptured and juice
                                                                                          sacs are ruptured
                                                                                          causing a mushy
                                                                                          condition affecting
                                                                                          all segments more than
                                                                                          \1/2\ inch (12.7 mm)
                                                                                          at bruised area or the
                                                                                          equivalent of this
                                                                                          amount, by volume,
                                                                                          when affecting more
                                                                                          than one area on the
                                                                                          fruit.
Buckskin.............................  Aggregating more than a  Aggregating more than    Aggregating more than
                                        circle \3/4\ inch        25 percent of the        50 percent of the
                                        (19.1 mm) in diameter.   surface.                 surface.
Caked melanose.......................  Aggregating more than a  Aggregating more than a  Aggregating more than
                                        circle \3/8\ inch (9.5   circle \5/8\ inch        25 percent of the
                                        mm) in diameter.         (15.9 mm) in diameter.   surface.
Creasing.............................  Materially weakens the   Seriously weakens the    Very seriously weakens
                                        skin, or extends over    skin, or extends over    the skin, or is
                                        more than one-third of   more than one-half of    distributed over
                                        the surface.             the surface.             practically the entire
                                                                                          surface.
Dryness or mushy condition...........  Affecting all segments   Affecting all segments   Affecting all segments
                                        more than \1/8\ inch     more than \1/4\ inch     more than \1/2\ inch
                                        (3.2 mm) at stem end,    (6.4 mm) at stem end,    (12.7 mm) at stem end,
                                        or the equivalent of     or the equivalent of     or the equivalent of
                                        this amount, by          this amount, by          this amount, by
                                        volume, when occurring   volume, when occurring   volume, when occurring
                                        in other portions of     in other portions of     in other portions of
                                        the fruit.               the fruit.               the fruit.
Green spots..........................  Aggregating more than a  Aggregating more than a  Aggregating more than
                                        circle \1/2\ inch        circle \5/8\ inch        25 percent of the
                                        (12.7 mm) in diameter.   (15.9 mm) in diameter.   surface.
Oil spots............................  Aggregating more than a  Aggregating more than a  Aggregating more than
                                        circle \1/2\ inch        circle \3/4\ inch        25 percent of the
                                        (12.7 mm) in diameter.   (19.1 mm) in diameter.   surface.

[[Page 433]]

 
Scab.................................  Materially detracts      Seriously detracts from  Aggregating more than
                                        from the shape or        the shape or texture,    25 percent of the
                                        texture, or              or aggregating more      surface.
                                        aggregating more than    than a circle \5/8\
                                        a circle \3/8\ inch      inch (15.9 mm) in
                                        (9.5 mm) in diameter.    diameter.
Scale................................  Aggregating more than a  Aggregating more than a  Aggregating more than
                                        circle \3/8\ inch (9.5   circle \5/8\ inch        25 percent of the
                                        mm) in diameter.         (15.9 mm) in diameter.   surface.
Scars, Hail, and Thorn scratches [For  Deep or rough            Deep or rough            Deep or rough or
 smooth or fairly smooth superficial    aggregating more than    aggregating more than    unsightly that
 scars see Sec.   51.1828.].            a circle \1/4\ inch      a circle \1/2\ inch      appearance is very
                                        (6.4 mm) in diameter;    (12.7 mm) in diameter;   seriously affected.
                                        slightly rough with      slightly rough with
                                        slight depth             slight depth
                                        aggregating more than    aggregating more than
                                        a circle \3/4\ inch      a circle 1\1/8\ inches
                                        (19.1 mm) in diameter;   (28.6 mm) in diameter;
                                        smooth or fairly         smooth or fairly
                                        smooth with slight       smooth with slight
                                        depth aggregating more   depth aggregating more
                                        than a circle 1\1/8\     than 10 percent of
                                        inches (28.6 mm) in      fruit surface.
                                        diameter.
Skin breakdown.......................  Aggregating more than a  Aggregating more than a  Aggregating more than
                                        circle \1/2\ inch        circle \3/4\ inch        25 percent of the
                                        (12.7 mm) in diameter.   (19.1 mm) in diameter.   surface.
Sprayburn............................  Skin is hard and         Skin is hard and         Aggregating more than
                                        aggregating more than    aggregating more than    25 percent of the
                                        a circle \3/4\ inch      a circle 1\1/4\ inches   surface.
                                        (19.1 mm) in diameter.   (31.8 mm) in diameter.
Sunburn..............................  Skin is flattened, dry,  Skin is hard and         Aggregating more than
                                        darkened, or hard and    affects more than one-   50 percent of the
                                        the affected area        third of the surface.    surface.
                                        exceeds 25 percent of
                                        the surface.
----------------------------------------------------------------------------------------------------------------
Note: All references to area or aggregate area, or length are based on a tangerine 2\1/2\ inches in diameter
  (63.5 mm), allowing proportionately greater areas on larger fruit and lesser areas on smaller fruit.



         Subpart_United States Standards for Fresh Tomatoes \1\
---------------------------------------------------------------------------

    \1\ Packing of the product in conformity with the requirements of 
these standards shall not excuse failure to comply with the provisions 
of the Federal Food, Drug, and Cosmetic Act or with applicable State 
laws and regulations.

    Source: 38 FR 23932, Sept. 5, 1973, unless otherwise noted. 
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 
46 FR 63203, Dec. 31, 1981.

                                 Grades



Sec.  51.1855  U.S. No. 1.

    ``U.S. No. 1'' consists of tomatoes which meet the following 
requirements:
    (a) Basic requirements:
    (1) Similar varietal characteristics;
    (2) Mature;
    (3) Not overripe or soft;
    (4) Clean;
    (5) Well developed;
    (6) Fairly well formed; and,
    (7) Fairly smooth.
    (b) Free from:
    (1) Decay;
    (2) Freezing injury; and
    (3) Sunscald.
    (c) Not damaged by any other cause.
    (d) For tolerances see Sec.  51.1861.



Sec.  51.1856  U.S. Combination.

    ``U.S. Combination'' consists of a combination of U.S. No. 1 and 
U.S. No. 2 tomatoes: Provided, That at least 60 percent, by count, meet 
the requirements of U.S. No. 1 grade.
    (a) For tolerances see Sec.  51.1861.



Sec.  51.1857  U.S. No. 2.

    ``U.S. No. 2'' consists of tomatoes which meet the following 
requirements:
    (a) Basic requirements:
    (1) Similar varietal characteristics;
    (2) Mature;
    (3) Not overripe or soft;
    (4) Clean;
    (5) Well developed;
    (6) Reasonably well formed; and,
    (7) Not more than slightly rough.
    (b) Free from:
    (1) Decay;
    (2) Freezing injury; and,

[[Page 434]]

    (3) Sunscald.
    (c) Not seriously damaged by any other cause.
    (d) For tolerances see Sec.  51.1861.



Sec.  51.1858  U.S. No. 3.

    ``U.S. No. 3'' consists of tomatoes which meet the following 
requirements:
    (a) Basic requirements:
    (1) Similar varietal characteristics;
    (2) Mature;
    (3) Not overripe or soft;
    (4) Clean;
    (5) Well developed; and,
    (6) May be mishapen.
    (b) Free from:
    (1) Decay; and,
    (2) Freezing injury.
    (c) Not seriously damaged by:
    (1) Sunscald.
    (d) Not very seriously damaged by any other cause.
    (e) For tolerances see Sec.  51.1861.

                                  Size



Sec.  51.1859  Size.

    (a) The size of tomatoes packed in any standard type shipping 
container shall be specified and marked according to one of the size 
designations set forth in Table I. Individual containers shall not be 
marked with more than one size designation. Consumer packages and their 
master container are exempt; however, if they are marked, the same 
requirements would apply.
    (1) When containers are marked in accordance with Table I, the 
markings on at least 85 percent of the containers in a lot must be 
legible.
    (2) In determining compliance with the size designations, the 
measurement for minimum diameter shall be the largest diameter of the 
tomato measured at right angles to a line from the stem end to the 
blossom end. The measurement for maximum diameter shall be the smallest 
dimension of the tomato determined by passing the tomato through a round 
opening in any position.
    (b) In lieu of marking containers in accordance with paragraph (a) 
of this section or specifying size in accordance with the dimensions 
defined in Table I, for Cerasiforme type tomatoes commonly referred to 
as cherry tomatoes and Pyriforme type tomatoes commonly referred to as 
pear shaped tomatoes, and other similar types, size may be specified in 
terms of minimum diameter or minimum and maximum diameter expressed in 
whole inches, and not less than thirty-second inch fractions thereof, or 
millimeters in accordance with the facts.
    (1) Tomatoes of these types are exempt from marking requirements. 
However, when marked to a minimum or minimum and maximum diameter, the 
markings on at least 85 percent of the containers in a lot must be 
legible.
    (c) For tolerances see Sec.  51.1861.

                                 Table I
------------------------------------------------------------------------
                                                         Inches
                                               -------------------------
               Size designation                   Minimum      Maximum
                                                  diameter     diameter
                                                    \1\          \2\
------------------------------------------------------------------------
Small.........................................      2\4/32\      2\9/32\
Medium........................................      2\8/32\     2\17/32\
Large.........................................     2\16/32\     2\25/32\
Extra large...................................     2\24/32\
------------------------------------------------------------------------
\1\ Will not pass through a round opening of the designated diameter
  when tomato is placed with the greatest transverse diameter across the
  opening.
\2\ Will pass through a round opening of the designated diameter in any
  position.


[56 FR 21915, May 13, 1991; 56 FR 32474, July 16, 1991]

                          Color Classification



Sec.  51.1860  Color classification.

    (a) The following terms may be used, when specified in connection 
with the grade statement, in describing the color as an indication of 
the stage of ripeness of any lot of mature tomatoes of a red fleshed 
variety:
    (1) Green. ``Green'' means that the surface of the tomato is 
completely green in color. The shade of green color may vary from light 
to dark;
    (2) Breakers. ``Breakers'' means that there is a definite break in 
color from green to tannish-yellow, pink or red on not more than 10 
percent of the surface;
    (3) Turning. ``Turning'' means that more than 10 percent but not 
more than 30 percent of the surface, in the aggregate, shows a definite 
change in color from green to tannish-yellow, pink, red, or a 
combination thereof;
    (4) Pink. ``Pink'' means that more than 30 percent but not more than 
60

[[Page 435]]

percent of the surface, in the aggregate, shows pink or red color;
    (5) Light red. ``Light red'' means that more than 60 percent of the 
surface, in the aggregate, shows pinkish-red or red: Provided, That not 
more than 90 percent of the surface is red color; and,
    (6) Red. ``Red'' means that more than 90 percent of the surface, in 
the aggregate, shows red color.
    (b) Any lot of tomatoes which does not meet the requirements of any 
of the above color designations may be designated as ``Mixed Color''.
    (c) For tolerances see Sec.  51.1861.
    (d) Tomato color standards U.S.D.A. Visual Aid TM--L--1 consists of 
a chart containing twelve color photographs illustrating the color 
classification requirements, as set forth in this section. This visual 
aid may be examined in the Fruit and Vegetable Division, AMS, U.S. 
Department of Agriculture, South Building, Washington, D.C. 20250; in 
any field office of the Fresh Fruit and Vegetable Inspection Service; or 
upon request of any authorized inspector of such Service. Duplicates of 
this visual aid may be purchased from The John Henry Co., Post Office 
Box 1410, Lansing, Michigan 48904.

[38 FR 23932, Sept. 5, 1973, as amended at 40 FR 2791, Jan. 16, 1975. 
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 
46 FR 63203, Dec. 31, 1981]

                               Tolerances



Sec.  51.1861  Tolerances.

    In order to allow for variations incident to proper grading and 
handling in each of the foregoing grades, the following tolerances, by 
count, are provided as specified:
    (a) U.S. No. 1--(1) For defects at shipping point. \2\ Ten percent 
for tomatoes in any lot which fail to meet the requirements for this 
grade: Provided, That not more than one-half of this tolerance, or 5 
percent, shall be allowed for defects causing very serious damage, 
including therein not more than 1 percent for tomatoes which are soft or 
affected by decay; and,
---------------------------------------------------------------------------

    \2\ Shipping point, as used in these standards, means the point of 
origin of the shipment in producing area or at port of loading for ship 
stores or overseas shipment, or in the case of shipments from outside 
the continental United States, the port of entry into the United States.
---------------------------------------------------------------------------

    (2) For defects en route or at destination. Fifteen percent for 
tomatoes in any lot which fail to meet the requirements for this grade: 
Provided, That included in this amount not more than the following 
percentages shall be allowed for defects listed:
    (i) Five percent for tomatoes which are soft or affected by decay;
    (ii) Ten percent for tomatoes which are damaged by shoulder bruises 
or by discolored or sunken scars on any parts of the tomatoes; and,
    (iii) Ten percent for tomatoes which are otherwise defective: And 
provided further, That not more than 5 percent shall be allowed for 
tomatoes which are very seriously damaged by any cause, exclusive of 
soft or decayed tomatoes.
    (b) U.S. Combination--(1) For defects at shipping point. \2\ Ten 
percent for tomatoes in any lot which fail to meet the requirements of 
the U.S. No. 2 grade: Provided, That not more than one-half of this 
tolerance, or 5 percent, shall be allowed for defects causing very 
serious damage, including 1 percent for tomatoes which are soft or 
affected by decay; and,
    (2) For defects en route or at destination. Fifteen percent for 
tomatoes in any lot which fail to meet the requirements of the U.S. No. 
2 grade: Provided, That included in this amount not more than the 
following percentages shall be allowed for defects listed:
    (i) Five percent for tomatoes which are soft or affected by decay;
    (ii) Ten percent for tomatoes which are seriously damaged by 
shoulder bruises or by discolored or sunken scars on any parts of the 
tomatoes; and,
    (iii) Ten percent for tomatoes which are otherwise defective: And 
provided further, That not more than 5 percent shall be allowed for 
tomatoes which are very seriously damaged by any cause, exclusive of 
soft or decayed tomatoes.
    (c) U.S. No. 2--(1) For defects at shipping point. \2\ Ten percent 
for tomatoes in any lot which fail to meet the requirements of this 
grade: Provided, That not more than one-half of this tolerance, or 5 
percent, shall be allowed

[[Page 436]]

for defects causing very serious damage, including therein not more than 
1 percent for tomatoes which are soft or affected by decay; and,
    (2) For defects en route or at destination. Fifteen percent for 
tomatoes in any lot which fail to meet the requirements for this grade: 
Provided, That included in this amount not more than the following 
percentages shall be allowed for defects listed:
    (i) Five percent for tomatoes which are soft or affected by decay;
    (ii) Ten percent for tomatoes which are seriously damaged by 
shoulder bruises or by discolored or sunken scars on any parts of the 
tomatoes; and,
    (iii) Ten percent for tomatoes which are otherwise defective: And 
provided further, That not more than 5 percent shall be allowed for 
tomatoes which are very seriously damaged by any cause, exclusive of 
soft or decayed tomatoes.
    (d) U.S. No. 3--(1) For defects at shipping point. \2\ Ten percent 
for tomatoes in any lot which fail to meet the requirements of this 
grade: Provided, That not more than one-half of this tolerance, or 5 
percent, shall be allowed for tomatoes which are very seriously damaged 
by insects and not more than one-tenth of the tolerance, or 1 percent, 
for tomatoes which are soft or affected by decay; and,
    (2) For defects en route or at destination. Fifteen percent for 
tomatoes in any lot which fail to meet the requirements for this grade: 
Provided, That included in this amount not more than the following 
percentages shall be allowed for defects listed:
    (i) Five percent for tomatoes which are soft or affected by decay;
    (ii) Ten percent for tomatoes which are very seriously damaged by 
shoulder bruises or by discolored or sunken scars on any parts of the 
tomatoes; and,
    (iii) Ten percent for tomatoes which are otherwise defective: And 
provided further, That not more than 5 percent shall be allowed for 
tomatoes which are very seriously damaged by insects.
    (e) For off size. Ten percent for tomatoes in any lot which are 
smaller than the specified minimum diameter, or larger than the 
specified maximum diameter.
    (f) For off color. Ten percent for tomatoes in any lot which fail to 
meet the color specified, including therein not more than 5 percent for 
tomatoes which are green in color, when any term other than ``Green'' is 
specified.

                        Application of Tolerances



Sec.  51.1862  Application of tolerances.

    The contents of individual packages in the lot, based on sample 
inspection, are subject to the following limitations:
    (a) For packages which contain more than 5 pounds (2.27 kg), and a 
tolerance of 10 percent or more is provided, individual packages shall 
have not more than 1\1/2\ times the tolerance specified, and for a 
tolerance of less than 10 percent individual packages shall have not 
more than double the tolerance specified, except that at least one 
defective and one off size specimen may be allowed in any package: 
Provided, That the averages for the entire lot are within the tolerances 
specified for the grade; and,
    (b) For packages which contain 5 pounds (2.27 kg) or less individual 
packages shall have not more than 4 times the tolerance specified, 
except that at least one tomato which is soft, or affected by decay, and 
one off-size specimen may be permitted in any package: Provided, That 
the averages for the entire lot are within the tolerances specified for 
the grade.

                             Standard Weight



Sec.  51.1863  Standard weight.

    (a) When packages are marked to a net weight of 15 pounds (6.80 kg) 
or more, the net weight of the contents shall not be less than the 
designated net weight and shall not exceed the designated weight by more 
than 2 pounds (0.91 kg).
    (b) In order to allow for variations incident to proper sizing, not 
more than 15 percent, by count, of the packages in any lot may fail to 
meet the requirements for standard weight.

[[Page 437]]

                               Definitions



Sec.  51.1864  Similar varietal characteristics.

    Similar varietal characteristics means that the tomatoes are alike 
as to firmness of flesh and shade of color (for example, soft-fleshed, 
early maturing varieties are not mixed with firm-fleshed, midseason or 
late varieties, or bright red varieties mixed with varieties having a 
purplish tinge).



Sec.  51.1865  Mature.

    Mature means that the tomato has reached the stage of development 
which will insure a proper completion of the ripening process, and that 
the contents of two or more seed cavities have developed a jelly-like 
consistency and the seeds are well developed.



Sec.  51.1866  Soft.

    Soft means that the tomato yields readily to slight pressure.



Sec.  51.1867  Clean.

    Clean means that the tomato is practically free from dirt or other 
foreign material.



Sec.  51.1868  Well developed.

    Well developed means that the tomatoe shows normal growth. Tomatoes 
which are ridged and peaked at the stem end, contain dry tissue, and 
usually contain open spaces below the level of the stem scar, are not 
considered well developed.



Sec.  51.1869  Fairly well formed.

    Fairly well formed means that the tomato is not more than moderately 
kidney-shaped, lop-sided, elongated, angular, or otherwise moderately 
deformed.



Sec.  51.1870  Fairly smooth.

    Fairly smooth means that the tomato is not conspicuously ridged or 
rough.



Sec.  51.1871  Damage.

    Damage means any specific defect described in Sec.  51.1877, table 
II; or an equally objectionable variation of any one of these defects, 
any other defect, or any combination of defects, which materially 
detracts from the appearance, or the edible or marketing quality of the 
tomato.



Sec.  51.1872  Reasonably well formed.

    Reasonably well formed means that the tomato is not decidedly 
kidney-shaped, lop-sided, elongated, angular, or otherwise decidedly 
deformed.



Sec.  51.1873  Slightly rough.

    Slightly rough means that the tomato is not decidedly ridged or 
grooved.



Sec.  51.1874  Serious damage.

    Serious damage means any specific defect described in Sec.  51.1877, 
table II; or an equally objectionable variation of any one of these 
defects, any other defect, or any combination of defects, which 
seriously detracts from the appearance, or the edible or marketing 
quality of the tomato.



Sec.  51.1875  Misshapen.

    Misshapen means that the tomato is decidedly kidney-shaped, lop-
sided, elongated, angular or otherwise decidedly deformed: Provided, 
That the shape is not affected to an extent that the appearance or the 
edible quality of the tomato is very seriously affected.



Sec.  51.1876  Very serious damage.

    Very serious damage means any specific defect described in Sec.  
51.1877, Table II; or an equally objectionable variation of any one of 
these defects, any other defect, or any combination of defects, which 
very seriously detracts from the appearance, or the edible or marketing 
quality of the tomato.

[[Page 438]]



Sec.  51.1877  Classification of defects.

                                                    Table II
References to Area, Aggregate Area, Length or Aggregate Length are Based on a Tomato Having a Diameter of 2\1/2\
                                               Inches (64 mm) \1\
                                        [See footnote at end of Table II]
----------------------------------------------------------------------------------------------------------------
                Factor                          Damage               Serious damage        Very serious damage
----------------------------------------------------------------------------------------------------------------
Cuts and broken skins................  Not shallow or not well  Not shallow or not well  Fresh or healed and
                                        healed, or shallow,      healed, or shallow,      extending through the
                                        well healed cut more     well healed cut more     tomato wall.
                                        than \1/2\ inch (13      than \1/2\ inch (13
                                        mm) in length, or        mm) in length, or
                                        other shallow, well      other shallow, well
                                        healed skin breaks       healed skin breaks
                                        aggregating more than    aggregating more than
                                        a circle \3/8\ inch      a circle \1/2\ inch
                                        (10 mm) in diameter.     (13 mm) in diameter.
Puffiness............................  Open space in 1 or more  Open space in 1 or more  Open space in 2 or more
                                        locules materially       locules seriously        locules very seriously
                                        detracts from            detracts from            detracts from
                                        appearance of tomato     appearance of tomato     appearance of tomato
                                        cut through center at    cut through center at    cut through center at
                                        right angles to a line   right angles to a line   right angles to a line
                                        from stem to blossom     from stem to blossom     from stem to blossom
                                        end.                     end.                     end.
Catfaces.............................  Scars are rough or       Scars are rough or       Channels extend into
                                        deep, channels are       deep, channels are       the locule, wall has
                                        very deep or wide,       very deep or wide,       been weakened to the
                                        channels extend into a   channels extend into a   extent that slight
                                        locule, or a fairly      locule, or a fairly      pressure will cause a
                                        smooth catface           smooth catface           tomato to leak, or a
                                        aggregating more than    aggregating more than    fairly smooth catface
                                        a circle \1/2\ inch      a circle \3/4\ inch      aggregating more than
                                        (13 mm) in diameter.     (19 mm) in diameter.     a circle 1 inch (25
                                                                                          mm) in diameter.
Scars (other than catfaces)..........  No depth and             No depth and             No depth and
                                        aggregating more than    aggregating more than    aggregating more than
                                        a circle \3/8\ inch      a circle \5/8\ inch      a circle 1 inch (25
                                        (10 mm) in diameter.     (16 mm) in diameter.     mm) in diameter.
Growth cracks (radiating from or       Not well healed, more    Not well healed, more    Not well healed, more
 concentric to stem scar).              than \1/8\ inch (3 mm)   than \1/8\ inch (3 mm)   than \1/4\ inch (6 mm)
                                        in depth, individual     in depth, individual     in depth, individual
                                        radial cracks more       radial cracks more       radial cracks more
                                        than \1/2\ inch (13      than \3/4\ inch (19      than 1 inch (25 mm) in
                                        mm) in length,           mm) in length,           length, aggregate
                                        aggregate length of      aggregate length of      length of all radial
                                        all radial cracks more   all radial cracks more   cracks more than 2\7/
                                        than 1 inch (25 mm)      than 1\3/4\ inches (44   8\ inches (73 mm)
                                        measured from edge of    mm) measured from edge   measured from edge of
                                        stem scar. Any lot of    of stem scar. Any lot    stem scar. Any lot of
                                        tomatoes which are at    of tomatoes which are    tomatoes which are at
                                        least turning may have   at least turning may     least turning may have
                                        cracks which are not     have cracks which are    cracks which are not
                                        well healed provided     not well healed          well healed provided
                                        they are not leaking.    provided they are not    they are not leaking,
                                                                 leaking.                 not more than \1/8\
                                                                                          inch (3 mm) in depth,
                                                                                          individual radial
                                                                                          cracks are not more
                                                                                          than \3/4\ inch (19
                                                                                          mm) in length.
Hail.................................  Deep, rough, not well    Deep, rough, not well    Fresh, very deep or
                                        healed and corked        healed and corked        fairly smooth, shallow
                                        over, or fairly          over, or fairly          hailmarks aggregating
                                        smooth, shallow          smooth, shallow          more than a circle 1
                                        hailmarks aggregating    hailmarks aggregating    inch (25 mm) in
                                        more than a circle \3/   more than a circle \5/   diameter.
                                        8\ inch (10 mm) in       8\ inch (16 mm) in
                                        diameter.                diameter.
Insect injury........................  Materially detracts      Seriously detracts from  Very seriously detracts
                                        from the appearance of   the appearance of any    from the appearance of
                                        any insect is present    insect is present in     any insect is present
                                        in the fruit.            the fruit.               in the fruit.
----------------------------------------------------------------------------------------------------------------
\1\ Conversion to metric equivalent, made to nearest whole millimeter.


[38 FR 23932, Sept. 5, 1973, as amended at 38 FR 32920, Nov. 29, 1973. 
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 
46 FR 63203, Dec. 31, 1981]



       Subpart_United States Consumer Standards for Fresh Tomatoes

    Source: 18 FR 7144, Nov. 11, 1953, unless otherwise noted. 
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 
46 FR 63203, Dec. 31, 1981.

                                 General



Sec.  51.1900  General.

    These standards apply only to fieldgrown tomatoes and not to 
tomatoes grown in greenhouses.

[[Page 439]]

                                 Grades



Sec.  51.1901  U.S. Grade A.

    U.S. Grade A shall consist of tomatoes of similar varietal 
characteristics which are mature and are at least turning (see Sec.  
51.1904), but are not overripe or soft which are well developed, at 
least fairly well formed, fairly smooth, free from soft rot, freezing 
injury, and from damage caused by dirt, bruises, cuts, shriveling, 
sunscald, sunburn, puffiness, catfaces, growth cracks, scars, dry rot, 
other diseases, insects, hail, or mechanical or other means. Tomatoes on 
the shown face shall be reasonably representative in size and quality of 
the contents of the container. (See Sec.  51.1903.)
    (a) Incident to proper grading and handling, except for maturity, 
not more than 5 percent, by count, of the tomatoes in any lot may fail 
to meet the requirements of the grade, including not more than 1 percent 
for tomatoes which are affected by soft rot.



Sec.  51.1902  U.S. Grade B.

    U.S. Grade B shall consist of tomatoes of similar varietal 
characteristics which are mature and are at least turning (see Sec.  
51.1904), but are not overripe or soft and not badly misshapen; which 
are free from soft rot, freezing injury and from serious damage caused 
by dirt, bruises, cuts, shriveling, sunscald, sunburn, puffiness, 
catfaces, growth cracks, scars, dry rot, other diseases, insects hail, 
or mechanical or other means Tomatoes on the shown face shall be 
reasonably representative in size and quality of the contents of the 
container. (See Sec.  51.1903.)
    (a) Incident to proper grading and handling, except for maturity, 
not more than 5 percent, by count, of the tomatoes in any lot may fail 
to meet the requirements of the grade, including not more than 1 percent 
for tomatoes which are affected by soft rot.

                    Size and Maturity Classification



Sec.  51.1903  Size classification.

    The following terms may be used for describing the size of the 
tomatoes in any lot:

 
                   Small                               Medium
 
Under 3 oz................................  3 to 6 oz., inc.
 


 
                   Large                             Very Large
 
Over 6 to 10 oz., inc.....................  Over 10 oz.
 

    (a) The tomatoes may also be classed in terms of combinations of the 
above sizes, as ``Small to Medium,'' ``Medium to Large,'' ``Small to 
Very Large,'' etc., in accordance with the facts.
    (b) Incident to proper sizing, not more than 10 percent, by count, 
of the tomatoes in any lot may vary from the size specified.



Sec.  51.1904  Maturity classification.

    Tomatoes which are characteristically red when ripe, but are not 
overripe or soft, may be classified for maturity as follows:
    (a) Turning, when at least some part of the surface of the tomato, 
but less than one-half of the surface in the aggregate, is covered with 
pink color.
    (b) Pink, when the tomato shows from one-half to three-fourths of 
the surface in the aggregate covered with pink or red color.
    (c) Hard ripe, when the tomato shows three-fourths or more of the 
surface in the aggregate covered with pink or red color.
    (d) Firm ripe, when the tomato shows three-fourths or more of the 
surface in the aggregate covered with red color characteristic of 
reasonably well ripened tomatoes.
    (e) Incident to proper maturity determination, not more than a total 
of 10 percent, by count, of the tomatoes in any lot may fail to meet the 
maturity specified: Provided, That not more than 5 percent shall be 
allowed for tomatoes which are immature or are overripe or soft.

                                Off-Grade



Sec.  51.1905  Off-Grade tomatoes.

    Tomatoes which fail to meet the requirements of either of the 
foregoing grades shall be Off-Grade tomatoes.

                               Definitions



Sec.  51.1906  Similar varietal characteristics.

    Similar varietal characteristics means that the tomatoes are alike 
as to color,

[[Page 440]]

i.e., bright red varieties shall not be mixed with varieties which have 
a purplish tinge.



Sec.  51.1907  Mature.

    Mature means that the tomato has reached the stage of development 
which will insure a proper completion of the ripening process.



Sec.  51.1908  Well developed.

    Well developed means that the tomato shows normal growth. Tomatoes 
which are ridged and peaked at the stem end, contain dry tissue and 
usually open spaces, are not considered well developed.



Sec.  51.1909  Fairly well formed.

    Fairly well formed means that the tomato is not decidedly kidney-
shaped, lopsided, elongated, angular, or otherwise deformed.



Sec.  51.1910  Fairly smooth.

    Fairly smooth means that the tomato is not conspicuously ridged or 
rough.



Sec.  51.1911  Damaged.

    Damaged means any defect which materially affects the appearance, or 
edible, shipping or keeping quality of the tomatoes. Any one of the 
following defects or any combination thereof, the seriousness of which 
exceeds the maximum allowed for any one defect, shall be considered as 
damage:
    (a) Cuts which are not shallow, not well healed, or when more than 
\1/2\ inch in length.
    (b) Puffiness if the open space in one or more locules materially 
affects the appearance when the tomato is cut through the center at 
right angles to a line running from the stem to the blossom end.
    (c) Catfaces. These are irregular, dark, leathery scars at the 
blossom end of the fruit. Such scars damage the tomato when they are 
rough or deep, or when channels extend into the locule, or when they are 
fairly smooth and greater in area than a circle \3/8\ inch in diameter 
on a 2\1/2\ inch tomato. Smaller tomatoes shall have lesser areas of 
fairly smooth catfaces and larger tomatoes may have greater areas, 
provided that such catfaces do not affect the appearance of the tomatoes 
to a greater extent than that caused by fairly smooth catfaces which are 
permitted on a 2\1/2\ inch tomato.
    (d) Growth cracks. These are ruptures or cracks radiating from the 
stem scar, or concentric to the stem scar. They damage the tomato when 
not well healed, or when more than \1/2\ inch in length measured from 
the margin of the stem scar; except that very narrow, well healed cracks 
concentric to the stem scar shall not be considered as damage unless 
they are so numerous as to damage the appearance of the fruit.
    (e) Scars (except catfaces), when dark colored and shallow and 
aggregating more than \1/4\ inch in diameter on a tomato 2\1/2\ inches 
in diameter, or lighter colored shallow scars covering a greater area 
when they detract from the appearance to a greater extent than a dark-
colored, shallow scar \1/4\ inch in diameter. Smaller tomatoes shall 
have lesser areas of scars and larger tomatoes may have greater areas: 
Provided, That such scars do not affect the appearance of the tomatoes 
to a greater extent than that caused by scars which are permitted on a 
2\1/2\-inch tomato. A scar which penetrates the wall of the tomato shall 
be considered as damage.
    (f) Dry rot such as dry type Macrosporium or Phoma, when the spot is 
not adjacent to the stem scar, or when adjacent to the stem scar and 
more than \3/16\ inch in diameter.



Sec.  51.1912  Badly misshapen.

    Badly misshapen means that the tomato is so badly deformed that its 
appearance is seriously affected.



Sec.  51.1913  Serious damage.

    Serious damage means any defect which seriously affects the 
appearance, or edible, shipping, or keeping quality of the tomatoes. Any 
one of the following defects or any combination thereof, the seriousness 
of which exceeds the maximum allowed for any one defect, shall be 
considered as serious damage:
    (a) Soft ripe tomatoes or tomatoes affected by the soft rot.
    (b) Fresh holes or cuts, or any holes or cuts through the tomato 
wall, or healed cuts which seriously affect the appearance of the 
tomato.

[[Page 441]]

    (c) Tomatoes showing any effects of freezing.
    (d) Puffiness which causes the tomato to be distinctly light in 
weight.
    (e) Growth cracks, when not well healed, or when so extensive, deep 
or discolored that the appearance of the tomato is seriously affected.
    (f) Scars (except catfaces), when dark colored and shallow and 
aggregating more than \1/2\ inch in diameter on a tomato 2\1/2\ inches 
in diameter, or lighter colored, shallow scars covering a greater area 
when they detract from the appearance to a greater extent than a 
darkcolored, shallow scar \1/2\ inch in diameter. Smaller tomatoes shall 
have lesser areas of scars and larger tomatoes may have greater areas: 
Provided, That such scars do not affect the appearance of the tomatoes 
to a greater extent than that caused by scars which are permitted on a 
2\1/2\-inch tomato.
    (g) Dry rot such as dry type Macrosporium or Phoma, when the spot is 
not adjacent to the stem scar, or when adjacent to the stem scar and 
more than \1/4\ inch in diameter.
    (h) Fruit actually infested with worms.



 Subpart_United States Standards for Grades of Filberts in the Shell \1\
---------------------------------------------------------------------------

    \1\ Packing of the product in conformity with the requirements of 
these standards shall not excuse failure to comply with the provisions 
of the Federal Food, Drug and Cosmetic Act or with other applicable 
State laws and regulations.

    Source: 35 FR 11453, July 17, 1970, unless otherwise noted. 
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 
46 FR 63203, Dec. 31, 1981.

                                  Grade



Sec.  51.1995  U.S. No. 1.

    ``U.S. No. 1'' consists of filberts in the shell which meet the 
following requirements:
    (a) Similar type; and,
    (b) Dry.
    (c) Shells:
    (1) Well formed; and,
    (2) Clean and bright.
    (3) Free from:
    (i) Blanks; and,
    (ii) Broken or split shells.
    (4) Free from damage caused by:
    (i) Stains; and,
    (ii) Adhering husk; or,
    (iii) Other means.
    (d) Kernels:
    (1) Reasonably well developed; and,
    (2) Not badly misshapen.
    (3) Free from:
    (i) Rancidity;
    (ii) Decay;
    (iii) Mold; and,
    (iv) Insect injury.
    (4) Free from damage caused by:
    (i) Shriveling; and,
    (ii) Discoloration; or,
    (iii) Other means.
    (e) Size: The size shall be specified in connection with the grade 
in terms of minimum diameter, minimum and maximum diameters, or in 
accordance with one of the size classifications in Table I.

                                 Table I
------------------------------------------------------------------------
                                  Maximum size--Will  Minimum size--Will
                                    pass through a    not pass through a
      Size classifications         round opening of    round opening of
                                  the following size  the following size
------------------------------------------------------------------------
Round type varieties:
   Jumbo........................  No maximum........  \56/64\ inch.
   Large........................  \56/64\ inch......  \49/64\ inch.
   Medium.......................  \49/64\ inch......  \45/64\ inch.
   Small........................  \45/64\ inch......  No minimum.
Long type varieties:
   Jumbo........................  No maximum........  \47/64\ inch.
   Large........................  \48/64\ inch......  \44/64\ inch.
   Medium.......................  \45/64\ inch......  \34/64\ inch.
   Small........................  \35/64\ inch......  No minimum.
------------------------------------------------------------------------

    (f) Tolerances: In order to allow for variations incident to proper 
grading and handling, the following tolerances, by count, are permitted 
as specified:
    (1) For mixed types. 20 percent for filberts which are of a 
different type.
    (2) For defects. 10 percent for filberts which are below the 
requirements of this grade: Provided, That not more than one-half of 
this amount or 5 percent shall consist of blanks, and not more than 5 
percent shall consist of filberts with rancid, decayed, moldy or insect 
injured kernels, including not more than 3 percent for insect injury.
    (3) For off-size. 15 percent for filberts which fail to meet the 
requirements for thesize specified, but not more than two-thirds of this 
amount, or 10 percent shall consist of undersize filberts.

[[Page 442]]

                        Application of Standards



Sec.  51.1996  Application of standards.

    (a) The grade of a lot of filberts shall be determined on the basis 
of a composite sample drawn from containers in various locations in the 
lot. However, any container or group of cantainers in which the filberts 
are obviously of a quality, type or size materially different from that 
in the majority of containers shall be considered a separate lot, and 
shall be sampled separately.
    (b) In grading the sample, each filbert shall be examined for 
defects of the shell before being cracked for kernel examination. A 
filbert shall be classed as only one defective nut even though it may be 
defective externally and internally.

                               Definitions



Sec.  51.1997  Similar type.

    Similar type means that the filberts in each container are of the 
same general type and appearance. For example, nuts of the round type 
shall not be mixed with those of the long type in the same container.



Sec.  51.1998  Dry.

    Dry means that the shell is free from surface moisture, and that the 
shells and kernels combined do not contain more than 10 percent 
moisture.



Sec.  51.1999  Well formed.

    Well formed means that the filbert shell is not materially 
misshapen.



Sec.  51.2000  Clean and bright.

    Clean and bright means that the individual filbert and the lot as a 
whole are practically free from adhering dirt and other foreign 
material, and that the shells have characteristic color.



Sec.  51.2001  Blank.

    Blank means a filbert containing no kernel or a kernel filling less 
than one-fourth the capacity of the shell.



Sec.  51.2002  Split shell.

    Split shell means a shell having any crack which is open and 
conspicuous for a distance of more than one-fourth the circumference of 
the shell, measured in the direction of the crack.



Sec.  51.2003  Damage.

    Damage means any specific defect described in this section; or an 
equally objectionable variation of any one of these defects, any other 
defect, or any combination of defects which materially detracts from the 
appearance, or the edible or marketing quality of the filberts. The 
following specific defects shall be considered as damage:
    (a) Stains which are dark and materially affect the appearance of 
the individual shell.
    (b) Adhering husk when covering more than 5 percent of the surface 
of the shell in the aggregate.
    (c) Shriveling when the kernel is materially shrunken, wrinkled, 
leathery or tough.
    (d) Discoloration when the appearance of the kernel is materially 
affected by black color.



Sec.  51.2004  Reasonably well developed.

    Reasonably well developed means that the kernel fills one-half or 
more of the capacity of the shell.



Sec.  51.2005  Badly misshapen.

    Badly misshapen means that the kernel is so malformed that the 
appearance is materially affected.



Sec.  51.2006  Rancidity.

    Rancidity means that the kernel is noticeably rancid to the taste. 
An oily appearance of the flesh does not necessarily indicate a rancid 
condition.



Sec.  51.2007  Moldy.

    Moldy means that there is a visible growth of mold either on the 
outside or the inside of the kernel.



Sec.  51.2008  Insect injury.

    Insect injury means that the insect, frass or web is present inside 
the nut or the kernel shows definite evidence of insect feeding.

[[Page 443]]

                         Metric Conversion Table



Sec.  51.2009  Metric conversion table.

------------------------------------------------------------------------
                                                             Millimeters
                           Inches                                (mm)
------------------------------------------------------------------------
\62/64\....................................................         24.6
\59/64\....................................................         23.4
\56/64\....................................................         22.2
\49/64\....................................................         19.4
\48/64\....................................................         19.0
\47/64\....................................................         18.6
\45/64\....................................................         17.9
\44/64\....................................................         17.5
\42/64\....................................................         16.7
\35/64\....................................................         13.9
\34/64\....................................................         13.5
------------------------------------------------------------------------



   Subpart_United States Standards for Grades of Almonds in the Shell

    Source: 62 FR 2892, Jan. 21, 1997, unless otherwise noted.

                                 Grades



Sec.  51.2075  U.S. No. 1.

    ``U.S. No. 1'' consists of almonds in the shell which are of similar 
varietal characteristics and free from loose extraneous and foreign 
material. The shells are clean, fairly bright, fairly uniform color, and 
free from damage caused by discoloration, adhering hulls, broken shells 
or other means. The kernels are well dried, free from decay, rancidity, 
and free from damage caused by insects, mold, gum, skin discoloration, 
shriveling, brown spot or other means.
    (a) Unless otherwise specified, the almonds are of a size not less 
than \28/64\ of an inch (11.1 mm) in thickness.
    (b) In order to allow for variations incident to proper grading and 
handling, the following tolerances are provided as specified:
    (1) For external (shell) defects. 10 percent, by count, for almonds 
which fail to meet the requirements of this grade other than for variety 
and size;
    (2) For dissimilar varieties. 5 percent, by count, including therein 
not more than 1 percent for bitter almonds mixed with sweet almonds;
    (3) For size. 5 percent, by count, for almonds which are smaller 
than the specified minimum thickness;
    (4) For loose extraneous and foreign material. 2 percent, by weight, 
including therein not more than 1 percent which can pass through a round 
opening \24/64\ inch (9.5 mm) in diameter: Provided, that such material 
is practically free from insect infestation; and,
    (5) For internal (kernel) defects. 10 percent, by weight, for 
almonds with kernels failing to meet the requirements of this grade: 
Provided, that not more than one-half of this tolerance or 5 percent 
shall be allowed for kernels affected by decay or rancidity, damaged by 
insects or mold or seriously damaged by shriveling: And provided 
further, that no part of this tolerance shall be allowed for live 
insects inside the shell.

[62 FR 2892, Jan. 21, 1997, as amended at 78 FR 14908, Mar. 8, 2013]



Sec.  51.2076  U.S. No. 1 Mixed.

    ``U.S. No. 1 Mixed'' consists of almonds in the shell which meet the 
requirements of U.S. No. 1 grade, except that two or more varieties of 
sweet almonds are mixed.



Sec.  51.2077  U.S. No. 2.

    ``U.S. No. 2'' consists of almonds in the shell which meet the 
requirements of U.S. No. 1 grade, except that an additional tolerance of 
20 percent shall be allowed for almonds with shells damaged by 
discoloration.



Sec.  51.2078  U.S. No. 2 Mixed.

    ``U.S. No. 2 Mixed'' consists of almonds in the shell which meet the 
requirements of U.S. No. 2 grade, except that two or more varieties of 
sweet almonds are mixed.

                        Application of Tolerances



Sec.  51.2079  Application of tolerances.

    The tolerances for the foregoing grades are applied to the entire 
lot of almonds, based upon a composite sample drawn from containers 
throughout the lot.

                         Determination of Grade



Sec.  51.2080  Determination of grade.

    In grading the inspection sample, the percentage of loose hulls, 
pieces of shell, chaff and foreign material is determined on the basis 
of weight. Next, the percentages of nuts which are of dissimilar 
varieties, undersize or have

[[Page 444]]

adhering hulls or defective shells are determined by count, using an 
adequate portion of the total sample. Finally, the nuts in that portion 
of the sample are cracked and the percentage having internal defects is 
determined on the basis of weight.

[78 FR 14908, Mar. 8, 2013]

                               Definitions



Sec.  51.2081  Similar varietal characteristics.

    Similar varietal characteristics means that the almonds are similar 
in shape, and are reasonably uniform in degree of hardness of the 
shells, and that bitter almonds are not mixed with sweet almonds. For 
example, hard-shelled varieties, semi-soft shelled varieties, soft-
shelled varieties and paper-shelled varieties are not mixed together, 
nor are any two of these types mixed under this definition.



Sec.  51.2082  Loose extraneous and foreign material.

    Loose extraneous and foreign material means loose hulls, empty 
broken shells, pieces of shells, external insect infestation and any 
substance other than almonds in the shell or almond kernels.



Sec.  51.2083  Clean.

    Clean means that the shell is practically free from dirt and other 
adhering foreign material.



Sec.  51.2084  Fairly bright.

    Fairly bright means that the shells show good characteristic color.



Sec.  51.2085  Fairly uniform color.

    Fairly uniform color means that the shells do not show excessive 
variation in color, whether bleached or natural.



Sec.  51.2086  Well dried.

    Well dried means that the kernel is firm and brittle, not pliable or 
leathery.



Sec.  51.2087  Decay.

    Decay means that part or all of the kernel has become decomposed.



Sec.  51.2088  Rancidity.

    Rancidity means that the kernel is noticeably rancid to taste.



Sec.  51.2089  Damage.

    Damage means any defect which materially detracts from the 
appearance of the individual kernel, or the edible or shipping quality 
of the almond. Any one of the following defects or combination thereof, 
the seriousness of which exceeds the maximum allowed for any one defect 
shall be considered as damage:
    (a) Discoloration of the shell which is medium gray to black and 
affects more than one-eighth of the surface in the aggregate. Normal 
variations of a reddish or brownish color shall not be considered 
discoloration;
    (b) Adhering hulls which cover more than 5 percent of the shell 
surface in the aggregate;
    (c) Broken shells when a portion of the shell is missing, or the 
shell is broken or fractured to the extent that moderate pressure will 
permit the kernel to become dislodged;
    (d) Insect injury when the insect, web or frass is present or there 
is definite evidence of insect feeding;
    (e) Mold, when visible on the kernel, except when white or gray and 
easily rubbed off with the fingers;
    (f) Gum, when a film of shiny, resinous appearing substance affects 
an area aggregating more than the equivalent of a circle one-quarter 
inch (6.4 mm) in diameter;
    (g) Skin discoloration when more than one-half of the surface of the 
kernel is affected by very dark or black stains contrasting with the 
natural color of the skin;
    (h) Shriveling when the kernel is excessively thin for its size, or 
when materially withered, shrunken, leathery, tough or only partially 
developed: Provided, that partially developed kernels are not considered 
damaged if more than three-fourths of the pellicle is filled with meat. 
An almond containing two kernels shall not be classed as damaged if 
either kernel has more than three-fourths of the pellicle filled with 
meat; and,
    (i) Brown spot which affects an aggregate area on the kernel greater 
than

[[Page 445]]

the area of a circle one-eighth inch (3.2 mm) in diameter.



Sec.  51.2090  Serious damage.

    Serious damage means any defect which makes a kernel or piece of 
kernel unsuitable for human consumption, and includes decay, rancidity, 
insect injury and damage by mold. The following defect shall be 
considered as serious damage: Shriveling when the kernel is seriously 
withered, shrunken, leathery, tough or only partially developed: 
Provided, that partially developed kernels are not considered seriously 
damaged if more than one-fourth of the pellicle is filled with meat.



Sec.  51.2091  Thickness.

    Thickness means the greatest dimension between the two semi-flat 
surfaces of the shell measured at right angles to a plane extending 
between the seams of the shell.



      Subpart_United States Standards for Grades of Shelled Almonds

    Source: 62 FR 2894, Jan. 21, 1997, unless otherwise noted.

                                 Grades



Sec.  51.2105  U.S. Fancy.

    ``U.S. Fancy'' consists of shelled almonds of similar varietal 
characteristics which are whole, clean and well dried, and which are 
free from decay, rancidity, insect injury, foreign material, doubles, 
split or broken kernels, particles and dust, and free from injury caused 
by chipped and scratched kernels, and free from damage caused by mold, 
gum, shriveling, brown spot or other means. (See Sec. Sec.  51.2113 and 
51.2114.)
    In order to allow for variations incident to proper grading and 
handling, the following tolerances, by weight, shall be permitted:
    (a) For dissimilar varieties. 5 percent, including not more than 
one-fifth of this amount, or 1 percent, for bitter almonds mixed with 
sweet almonds;
    (b) For doubles. 3 percent;
    (c) For kernels injured by chipping and/or scratching. 5 percent;
    (d) For foreign material. One-twentieth of 1 percent (0.05 percent). 
No part of this percentage shall be allowed for glass and metal;
    (e) For particles and dust. One-tenth of 1 percent (0.10 percent); 
and,
    (f) For other defects. 2 percent, including not more than one-half 
of this amount, or 1 percent, for split or broken kernels, and including 
not more than one-half of the former amount, or 1 percent, for seriously 
damaged kernels.



Sec.  51.2106  U.S. Extra No. 1.

    ``U.S. Extra No. 1'' consists of shelled almonds of similar varietal 
characteristics which are whole, clean and well dried, and which are 
free from decay, rancidity, insect injury, foreign material, doubles, 
split or broken kernels, particles and dust, and free from damage caused 
by chipped and scratched kernels, mold, gum, shriveling, brown spot or 
other means. (See Sec. Sec.  51.2113 and 51.2114.)
    In order to allow for variations incident to proper grading and 
handling, the following tolerances, by weight, shall be permitted:
    (a) For dissimilar varieties. 5 percent, including not more than 
one-fifth of this amount, or 1 percent, for bitter almonds mixed with 
sweet almonds;
    (b) For doubles. 5 percent;
    (c) For kernels damaged by chipping and/or scratching. 5 percent;
    (d) For foreign material. One-twentieth of 1 percent (0.05 percent). 
No part of this percentage shall be allowed for glass and metal;
    (e) For particles and dust. One-tenth of 1 percent (0.10 percent); 
and,
    (f) For other defects. 4 percent, including not more than one-fourth 
of this amount, or 1 percent, for split or broken kernels, and including 
not more than three-eighths of the former amount, or 1\1/2\ percent, for 
seriously damaged kernels.



Sec.  51.2107  U.S. No. 1.

    ``U.S. No. 1'' consists of shelled almonds of similar varietal 
characteristics which are whole, clean and well dried, and which are 
free from decay, rancidity, insect injury, foreign material, doubles, 
split or broken kernels, particles and dust, and free from damage caused 
by chipped and scratched kernels, mold, gum, shriveling, brown

[[Page 446]]

spot or other means. (See Sec. Sec.  51.2113 and 51.2114.)
    In order to allow for variations incident to proper grading and 
handling, the following tolerances, by weight, shall be permitted:
    (a) For dissimilar varieties. 5 percent, including not more than 
one-fifth of this amount, or 1 percent, for bitter almonds mixed with 
sweet almonds;
    (b) For doubles. 15 percent;
    (c) For kernels damaged by chipping and/or scratching. 10 percent;
    (d) For foreign material. One-twentieth of 1 percent (0.05 percent). 
No part of this percentage shall be allowed for glass and metal;
    (e) For particles and dust. One-tenth of 1 percent (0.10 percent); 
and,
    (f) For other defects. 5 percent including not more than one-fifth 
of this amount, or 1 percent, for split or broken kernels, and including 
not more than three-tenths of the former amount, or 1\1/2\ percent, for 
seriously damaged kernels.



Sec.  51.2108  U.S. Select Sheller Run.

    ``U.S. Select Sheller Run'' consists of shelled almonds of similar 
varietal characteristics which are whole, clean and well dried, and 
which are free from decay, rancidity, insect injury, foreign material, 
doubles, split or broken kernels, particles and dust, and free from 
damage caused by chipped and scratched kernels, mold, gum, shriveling, 
brown spot or other means. (See Sec. Sec.  51.2113 and 51.2114.)
    In order to allow for variations incident to proper grading and 
handling, the following tolerances, by weight, shall be permitted:
    (a) For dissimilar varieties. 5 percent, including not more than 
one-fifth of this amount, or 1 percent, for bitter almonds mixed with 
sweet almonds;
    (b) For doubles. 15 percent;
    (c) For kernels damaged by chipping and/or scratching. 20 percent;
    (d) For foreign material. One-tenth of 1 percent (0.10 percent). No 
part of this percentage shall be allowed for glass and metal;
    (e) For particles and dust. One-tenth of 1 percent (0.10 percent);
    (f) For split and broken kernels. 5 percent: Provided, that not more 
than two-fifths of this amount, or 2 percent, shall be allowed for 
pieces which will pass through a round opening \20/64\ inch (7.9 mm) in 
diameter; and,
    (g) For other defects. 3 percent, including not more than two-thirds 
of this amount, or 2 percent, for serious damage.



Sec.  51.2109  U.S. Standard Sheller Run.

    ``U.S. Standard Sheller Run'' consists of shelled almonds of similar 
varietal characteristics which are whole, clean and well dried, and 
which are free from decay, rancidity, insect injury, foreign material, 
doubles, split or broken kernels, particles and dust, and free from 
damage caused by chipped and scratched kernels, mold, gum, shriveling, 
brown spot or other means. (See Sec. Sec.  51.2113 and 51.2114.)
    In order to allow for variations incident to proper grading and 
handling, the following tolerances, by weight, shall be permitted:
    (a) For dissimilar varieties. 5 percent, including not more than 
one-fifth of this amount, or 1 percent, for bitter almonds mixed with 
sweet almonds;
    (b) For doubles. 25 percent;
    (c) For kernels damaged by chipping and/or scratching or split and 
broken. 35 percent; Provided, that not more than three-sevenths of this 
amount, or 15 percent, shall be allowed for split and broken: And 
Provided Further, that not more than one-third of this latter amount, or 
5 percent, shall be allowed for pieces which will pass through a round 
opening \20/64\ inch (7.9 mm) in diameter;
    (d) For foreign material. Two-tenths of 1 percent (0.20 percent). No 
part of this percentage shall be allowed for glass and metal;
    (e) For particles and dust. One-tenth of 1 percent (0.10 percent); 
and,
    (f) For other defects. 3 percent, including not more than two-thirds 
of this amount, or 2 percent, for serious damage.



Sec.  51.2110  U.S. No. 1 Whole and Broken.

    ``U.S. No. 1 Whole and Broken'' consists of shelled almonds of 
similar varietal characteristics which are clean and well dried, and 
which are free from decay, rancidity, insect injury, foreign material, 
doubles, particles and dust, and free from damage caused by mold,

[[Page 447]]

gum, shriveling, brown spot or other means.
    (a) In this grade not less than 30 percent, by weight, of the 
kernels shall be whole. Doubles shall not be considered as whole kernels 
in determining the percentage of whole kernels.
    (b) Unless otherwise specified, the minimum diameter shall be not 
less than \20/64\ of an inch (7.9 mm). (See Sec. Sec.  51.2113 and 
51.2114.)
    (c) In order to allow for variations incident to proper grading and 
handling, the following tolerances, by weight, shall be permitted:
    (1) For dissimilar varieties. 5 percent, including not more than 
one-fifth of this amount, or 1 percent, for bitter almonds mixed with 
sweet almonds;
    (2) For doubles. 35 percent;
    (3) For foreign material. Two-tenths of 1 percent (0.20 percent). No 
part of this percentage shall be allowed for glass and metal;
    (4) For particles and dust. One-tenth of 1 percent (0.10 percent);
    (5) For undersize. 5 percent; and,
    (6) For other defects. 5 percent, including not more than three-
fifths of this amount, or 3 percent, for serious damage.



Sec.  51.2111  U.S. No. 1 Pieces.

    ``U.S. No. 1 Pieces'' consists of shelled almonds which are not 
bitter, which are clean and well dried, and which are free from decay, 
rancidity, insect injury, foreign material, particles and dust, and free 
from damage caused by mold, gum, shriveling, brown spot or other means.
    (a) Unless otherwise specified, the minimum diameter shall be not 
less than \8/64\ of an inch (3.2 mm). (See Sec. Sec.  51.2113 and 
51.2114.)
    (b) In order to allow for variations incident to proper grading and 
handling, the following tolerances, by weight, shall be permitted:
    (1) For bitter almonds mixed with sweet almonds. 1 percent;
    (2) For foreign material. Two-tenths of 1 percent (0.20 percent). No 
part of this percentage shall be allowed for glass and metal;
    (3) For particles and dust. 1 percent; and
    (4) For other defects. 5 percent, including not more than three-
fifths of this amount, or 3 percent, for serious damage.

                             Mixed Varieties



Sec.  51.2112  Mixed varieties.

    Any lot of shelled almonds designated as ``one type'' or 
undesignated as to type, which consists of a mixture of two or more 
dissimilar varieties which meet the other requirements of any of the 
grades of U.S. No. 1, U.S. Select Sheller Run, U.S. Standard Sheller 
Run, U.S. No. 1 Whole and Broken may be designated as: ``U.S. No. 1 
Mixed;'' ``U.S. Select Sheller Run Mixed;'' ``U.S. Standard Sheller Run 
Mixed;'' ``U.S. No. 1 Whole and Broken Mixed;'' respectively; but no lot 
of any of these grades may include more than 1 percent of bitter almonds 
mixed with sweet almonds.

                                  Size



Sec.  51.2113  Size requirements.

    The size may be specified in terms of range in count of whole almond 
kernels per ounce or in terms of minimum, or minimum and maximum 
diameter. When a range in count is specified, the whole kernels shall be 
fairly uniform in size, and the average count per ounce shall be within 
the range specified. Doubles and broken kernels shall not be used in 
determining counts. Count ranges per ounce commonly used are shown 
below, but other ranges may be specified: Provided, that the kernels are 
fairly uniform in size.

16 to 18, inclusive.
18 to 20, inclusive.
20 to 22, inclusive.
22 to 24, inclusive.
23 to 25, inclusive.
24 to 26, inclusive.
26 to 28, inclusive.
27 to 30, inclusive.
30 to 34, inclusive.
34 to 40, inclusive.
40 to 50, inclusive.
50 and smaller.



Sec.  51.2114  Tolerances for size.

    (a) When a range is specified as, for example, ``\18/20\,'' no 
tolerance for counts above or below the range shall be allowed.
    (b) When the minimum, or minimum and maximum diameter are specified, 
a

[[Page 448]]

total tolerance of not more than 10 percent, by weight, may fail to meet 
the specified size requirements: Provided, that not more than one-half 
of this amount, or 5 percent, may be below the minimum size specified.

                        Application of Tolerances



Sec.  51.2115  Application of tolerances.

    The tolerances for the grades are to be applied to the entire lot, 
and a composite sample shall be taken for determining the grade. 
However, any container or group of containers in which the almonds are 
found to be materially inferior to those in the majority of the 
containers shall be considered a separate lot.

                               Definitions



Sec.  51.2116  Similar varietal characteristics.

    Similar varietal characteristics means that the kernels are similar 
in shape and appearance. For example, long types shall not be mixed with 
short types, or broad types mixed with narrow types, and bitter almonds 
shall not be mixed with sweet almonds. Color of the kernels shall not be 
considered, since there is often a marked difference in skin color of 
kernels of the same variety.
    (a) When a lot is specified as ``one type,'' all kernels shall be 
the same in shape and appearance; and,
    (b) When a lot is specified and carton marked as ``California,'' 
kernels present may include any one or a combination of blanchable 
varieties within the ``California'' Marketing Classification. In 
addition, Nonpareil or similar types may be included provided that it 
does not exceed twenty-five percent (25%), by weight, of the lot.



Sec.  51.2117  Whole.

    Whole means that there is less than one-eighth of the kernel chipped 
off or missing, and that the general contour of the kernel is not 
materially affected by the missing part.



Sec.  51.2118  Clean.

    Clean means that the kernel is practically free from dirt and other 
foreign substance.



Sec.  51.2119  Well dried.

    Well dried means that the kernel is firm and brittle, and not 
pliable or leathery.



Sec.  51.2120  Decay.

    Decay means that part or all of the kernel has become decomposed.



Sec.  51.2121  Rancidity.

    Rancidity means that the kernel is noticeably rancid to the taste.



Sec.  51.2122  Insect injury.

    Insect injury means that the insect, web, or frass is present or 
there is definite evidence of insect feeding.



Sec.  51.2123  Foreign material.

    Foreign material means pieces of shell, hulls or other foreign 
matter which will not pass through a round opening \8/64\ of an inch 
(3.2 mm) in diameter.



Sec.  51.2124  Doubles.

    Doubles means kernels that developed in shells containing two 
kernels. One side of a double kernel is flat or concave.



Sec.  51.2125  Split or broken kernels.

    Split or broken kernels means seven-eighths or less of complete 
whole kernels but which will not pass through a round opening \8/64\ of 
an inch (3.2 mm) in diameter.



Sec.  51.2126  Particles and dust.

    Particles and dust means fragments of almond kernels or other 
material which will pass through a round opening \8/64\ of an inch (3.2 
mm) in diameter.



Sec.  51.2127  Injury.

    Injury means any defect which more than slightly detracts from the 
appearance of the individual almond. The following shall be considered 
as injury:
    (a) Chipped and scratched kernels when the affected area on an 
individual kernel aggregates more than the equivalent of a circle one-
eighth inch (3.2 mm) in diameter.



Sec.  51.2128  Damage.

    Damage means any defect which materially detracts from the 
appearance of the individual kernel, or the edible

[[Page 449]]

or shipping quality of the almonds. Any one of the following defects or 
combination thereof, the seriousness of which exceeds the maximum 
allowed for any one defect shall be considered as damage:
    (a) Chipped and scratched kernels, when the affected area on an 
individual kernel aggregates more than the equivalent of a circle one-
quarter inch (6.4 mm) in diameter;
    (b) Mold, when visible on the kernel, except when white or gray and 
easily rubbed off with the fingers;
    (c) Gum, when a film of shiny, resinous appearing substance affects 
an area aggregating more than the equivalent of a circle one-quarter 
inch (6.4 mm) in diameter;
    (d) Shriveling, when the kernel is excessively thin for its size, or 
when materially withered, shrunken, leathery, tough or only partially 
developed: Provided, that partially developed kernels are not considered 
damaged if more than three-fourths of the pellicle is filled with meat;
    (e) Brown spot on the kernel, either single or multiple, when the 
affected area aggregates more than the equivalent of a circle one-eighth 
inch (3.2 mm) in diameter; and,
    (f) Skin discoloration when more than one-half of the surface of the 
kernel is affected by very dark or black stains contrasting with the 
natural color of the skin.



Sec.  51.2129  Serious damage.

    Serious damage means any defect which makes a kernel or piece of 
kernel unsuitable for human consumption, and includes decay, rancidity, 
insect injury and damage by mold.



Sec.  51.2130  Diameter.

    Diameter means the greatest dimension of the kernel, or piece of 
kernel at right angles to the longitudinal axis. Diameter shall be 
determined by passing the kernel or piece of kernel through a round 
opening.



Sec.  51.2131  Fairly uniform in size.

    Fairly uniform in size means that, in a representative sample, the 
weight of 10 percent, by count, of the largest whole kernels shall not 
exceed 1.70 times the weight of 10 percent, by count, of the smallest 
whole kernels.



  Subpart_United States Standards for Shelled English Walnuts (Juglans 
                                 Regia)

    Source: 23 FR 10354, Dec. 25, 1958, unless otherwise noted. 
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 
46 FR 63203, Dec. 31, 1981.

                                 General



Sec.  51.2275  Application.

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



Sec.  51.2276  [Reserved]

                                 Grades



Sec.  51.2277  U.S. No. 1.

    ``U.S. No. 1'' consists of portions of walnut kernels which are well 
dried, clean, free from shell, foreign material, insect injury, decay, 
rancidity, and free from damage caused by shriveling, mold, 
discoloration of the meat or other means. (See Sec.  51.2280.)
    (a) Color shall be specified in connection with this grade in terms 
of ``extra light,'' ``light,'' ``light amber,'' or ``amber'' from the 
USDA Walnut Color Chart or in terms of ``red'' color. The color 
classifications in the USDA Walnut Color Chart shall not apply to 
``red'' color. Furthermore, ``red'' color shall not be mixed with 
``extra light,'' ``light,'' ``light amber,'' or ``amber'' colors. (See 
Sec. Sec.  51.2281 and 51.2282.)
    (b) Size shall be specified in connection with this grade in terms 
of one of the size classifications. (See Sec. Sec.  51.2284 and 
51.2285.)

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



Sec.  51.2278  U.S. Commercial.

    ``U.S. Commercial'' consists of portions of walnut kernels which 
meet the

[[Page 450]]

requirements of U.S. No. 1 grade, except for increased tolerances. (See 
Sec.  51.2280.)
    (a) Color of walnuts based on the USDA Walnut Color Chart shall be 
not darker than the ``amber'' classification. There are no color 
requirements for ``red'' color. Color may be specified in connection 
with the grade in terms of one of the color classifications in the USDA 
Walnut Color Chart or ``red'' color. ``Red'' color shall not be mixed 
with ``extra light,'' ``light,'' ``light amber,'' or ``amber'' colors. 
(See Sec. Sec.  51.2281 and 51.2282.)
    (b) Size shall be specified in connection with this grade in terms 
of one of the size classifications. (See Sec. Sec.  51.2284 and 
51.2285.)

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

                              Unclassified



Sec.  51.2279  [Reserved]

                      Tolerances for Grade Defects



Sec.  51.2280  Tolerances for grade defects.

    (a) All percentages shall be claculated on the basis of weight.
    (b) In order to allow for variations, other than for color and size, 
incident to proper grading and handling, tolerances shall be permitted 
for the respective grades as indicated in Table I:

                                                     Table I
                                                    [Percent]
----------------------------------------------------------------------------------------------------------------
                                                            Tolerances for grade defects
                                   -----------------------------------------------------------------------------
               Grade                 Total                                                   Shell and foreign
                                    defects      Serious damage      Very serious damage          material
----------------------------------------------------------------------------------------------------------------
U. S. No. 1.......................        5  2 (included in 5       1 (included in 2       0.05 (included in 1
                                              percent total          percent serious        percent very serious
                                              defects).              damage).               damage).
U.S. Commercial...................        8  4 (included in 8       2 (included in 4       0.05 (included in 2
                                              percent total          percent serious        percent very serious
                                              defects).              damage).               damage).
----------------------------------------------------------------------------------------------------------------

                           Color Requirements



Sec.  51.2281  Color classifications.

    The following classifications are provided to describe the color of 
any lot:
    (a) ``Extra light,'' ``light,'' ``light amber,'' and ``amber:'' The 
portions of kernels in the lot shall be not darker than the darkest 
color permitted in the specified classification as shown on the USDA 
Walnut Color Chart.
    (b) ``Red:'' There are no color requirements.

[82 FR 39657, Aug. 22, 2017]



Sec.  51.2282  Tolerances for color.

    (a) All percentages shall be calculated on the basis of weight.
    (b) In order to allow for variations incident to proper grading and 
handling, tolerances shall be permitted for the respective color 
classifications as indicated in Table II:

                                                    Table II
----------------------------------------------------------------------------------------------------------------
                                                               Tolerances for color
                                 -------------------------------------------------------------------------------
      Color classification         Darker than extra   Darker than light   Darker than light   Darker than amber
                                       light \1\              \1\              amber \1\              \1\
----------------------------------------------------------------------------------------------------------------
Extra light.....................  15 percent........  2 percent
                                                       (included in 15
                                                       percent darker
                                                       than extra light).
Light...........................  ..................  15 percent........  2 percent
                                                                           (included in 15
                                                                           percent darker
                                                                           than light).

[[Page 451]]

 
Light amber.....................  ..................  ..................  15 percent........  2 percent
                                                                                               (included in 15
                                                                                               percent darker
                                                                                               than light
                                                                                               amber).
Amber...........................  ..................  ..................  ..................  10 percent.
Red.............................  ..................  ..................  ..................  ..................
----------------------------------------------------------------------------------------------------------------
\1\ See illustration of this term on USDA Walnut Color Chart.


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



Sec.  51.2283  Off color.

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

[82 FR 39657, Aug. 22, 2017]

                            Size Requirements



Sec.  51.2284  Size classification.

    The following classifications are provided to describe the size of 
any lot: ``Halves'', ``Pieces and Halves'', ``Pieces'' or ``Small 
Pieces''. The size of portions of kernels in the lot shall conform to 
the requirements of the specified classification as defined below:
    (a) Halves. Lot consists of 85 percent or more, by weight, half 
kernels, and the remainder three-fourths half kernels. (See Sec.  
51.2285.)
    (b) Pieces and halves. Lot consists of 20 percent or more, by 
weight, half kernels, and the remainder portions of kernels that cannot 
pass through a sieve with \24/64\ inch round openings. When a lot 
exceeds this minimum requirement, the actual percentage of halves may be 
specified. (See Sec.  51.2285.)
    (c) Pieces. Lot consists of portions of kernels that cannot pass 
through a sieve with \24/64\ inch round openings. (See Sec.  51.2285.)
    (d) Small pieces. Lot consists of portions of kernels that pass 
through a sieve with \24/64\ inch round openings, but that cannot pass 
through a sieve with \8/64\ inch round openings. When desired, the 
actual size ranges within such size ranges may be specified. (See Sec.  
51.2285.)



Sec.  51.2285  Tolerances for size.

    (a) All percentages shall be calculated on the basis of weight.
    (b) In order to allow for variations incident to proper sizing and 
handling, tolerances shall be permitted for the respective size 
classifications as indicated in Table III:

                                                                        Table III
                                                                        [Percent]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     Tolerances for size
                                    --------------------------------------------------------------------------------------------------------------------
        Size classification                                   Will not pass through
                                       Smaller than three-     \24/64\ inch round     Pass through \24/64\   Pass through \16/64\   Pass through \8/64\
                                         fourths halves               hole              inch round hole        inch round hole        inch round hole
--------------------------------------------------------------------------------------------------------------------------------------------------------
Halves.............................  5.....................  ......................  .....................  1 (included in 5
                                                                                                             percent).
Pieces and halves \1\..............  ......................  ......................  18...................  3 (included in 18      1 (included in 2
                                                                                                             percent).              percent).
Pieces.............................  ......................  ......................  25...................  5 (included in 25      1 (included in 5
                                                                                                             percent).              percent).
Small pieces \2\...................  ......................  10....................  .....................  .....................  2.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ No part of any tolerance shall be used to reduce the percentage of halves required or specified in a lot of ``pieces and halves''.
\2\ The tolerances of 10 percent and 2 percent for ``small pieces'' classification shall apply, respectively, to any smaller maximum or any larger
  minimum sizes specified.


[[Page 452]]

                        Application of Tolerances



Sec.  51.2286  Application of tolerances.

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

                               Definitions



Sec.  51.2287  Well dried.

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



Sec.  51.2288  Clean.

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



Sec.  51.2289  Shell.

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



Sec.  51.2290  Insect injury.

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



Sec.  51.2291  Rancidity.

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



Sec.  51.2292  Damage.

    Damage means any defect, other than color, which materially affects 
the appearance, or the edible or shipping quality of the individual 
portion of kernel, or of the lot as a whole. Any one of the following 
defects or any combination of defects the seriousness of which exceeds 
the maximum allowed for any one defect shall be considered as damage:
    (a) Shriveling when more than one-eighth of the portion of kernel is 
severely shriveled, or a greater area is affected by lesser degrees of 
shriveling producing an equally objectionable appearance, except that 
kernels which are thin in corss-section but which are otherwise normally 
developed shall not be considered as damaged;
    (b) Mold when plainly visible;
    (c) Discoloration of the meat when more than one-eighth the volume 
of the portion of kernel is severely discolored, or a greater volume is 
affected by lesser degrees of discoloration producing an equally 
objectionable appearance;
    (d) Not well dried; and,
    (e) Not clean.



Sec.  51.2293  Serious damage.

    Serious damage means any defect, other than color, which seriously 
affects the appearance, or the edible or shipping quality of the 
individual portion of kernel or of the lot as a whole. Any one of the 
following defects or any combination of defects the seriousness of which 
exceeds the maximum allowed for any one defect shall be considered as 
serious damage:
    (a) Shriveling when more than one-fourth of the kernel is severely 
shriveled, or a greater area is affected by lesser degrees of shriveling 
producing an equally objectionable appearance;
    (b) Mold when plainly visible on more than one-eighth of the surface 
of the kernel in the aggregate; and,
    (c) Discoloration of the meat when more than one-fourth the volume 
of the portion of kernel is severely discolored, or a greater volume is 
affected by lesser degrees of discoloration producing an equally 
objectionable appearance.



Sec.  51.2294  Very serious damage.

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

[[Page 453]]

    (a) Shriveling when more than 50 percent of the portion of kernel is 
severely shriveled;
    (b) Mold when plainly visible on more than one-fourth of the surface 
of the portion of kernel in the aggregate;
    (c) Discoloration of the meat when more than one-half the volume of 
the portion of kernel is severely discolored;
    (d) Insect injury;
    (e) Rancidity or decay; and,
    (f) Shell, or any foreign material.



Sec.  51.2295  Half kernel.

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



Sec.  51.2296  Three-fourths half kernel.

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



         Subpart_United States Standards for Grades of Kiwifruit

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



Sec.  51.2335  Grades.

    (a) ``U.S. Fancy'' consists of kiwifruit which meet the following 
requirements:
    (1) Basic Requirements:
    (i) Similar varietal characteristics;
    (ii) Mature;
    (iii) Not soft, overripe, or shriveled;
    (iv) Carefully packed;
    (v) Clean; and,
    (vi) Well formed.
    (2) Free From:
    (i) Worm holes;
    (ii) Broken skins which are not healed;
    (iii) Sunscald;
    (iv) Freezing injury;
    (v) Internal breakdown; and,
    (vi) Decay.
    (3) Free From Injury By:
    (i) Bruises;
    (ii) Leaf or limbrubs;
    (iii) Discoloration;
    (iv) Hail;
    (v) Growth cracks;
    (vi) Scab;
    (vii) Scars;
    (viii) Heat, sprayburn, or sunburn;
    (ix) Scale;
    (x) Insects;
    (xi) Other diseases; and,
    (xii) Mechanical or other means.
    (4) Tolerances. (See Sec.  51.2336)
    (b) ``U.S. No. 1'' consists of kiwifruit which meet the following 
requirements:
    (1) Basic Requirements:
    (i) Similar varietal characteristics;
    (ii) Mature;
    (iii) Not soft, overripe, or shriveled;
    (iv) Carefully packed;
    (v) Clean; and,
    (vi) Fairly well formed.
    (2) Free From:
    (i) Worm holes;
    (ii) Broken skins which are not healed;
    (iii) Sunscald;
    (iv) Freezing injury;
    (v) Internal breakdown; and,
    (vi) Decay.
    (3) Free From Damage By:
    (i) Bruises;
    (ii) Leaf or limbrubs;
    (iii) Discoloration;
    (iv) Hail;
    (v) Growth cracks;
    (vi) Scab;
    (vii) Scars;
    (viii) Heat, sprayburn, or sunburn;
    (ix) Scale;
    (x) Insects;
    (xi) Other diseases; and,
    (xii) Mechanical or other means.
    (4) Tolerances. (See Sec.  51.2336):
    (c) ``U.S. No. 2'' consists of kiwifruit which meet the following 
requirements:
    (1) Basic Requirements:
    (i) Similar varietal characteristics;
    (ii) Mature;
    (iii) Not soft, overripe, or shriveled;
    (iv) Carefully packed;
    (v) Fairly clean; and,
    (vi) Not badly misshapen.
    (2) Free From:
    (i) Worm holes;
    (ii) Broken skins which are not healed;
    (iii) Sunscald;
    (iv) Freezing injury;
    (v) Internal breakdown; and,
    (vi) Decay.
    (3) Free From Serious Damage By:
    (i) Bruises;
    (ii) Leaf or limbrubs;
    (iii) Discoloration;
    (iv) Hail;

[[Page 454]]

    (v) Growth cracks;
    (vi) Scab;
    (vii) Scars;
    (viii) Heat, sprayburn, or sunburn;
    (ix) Scale;
    (x) Insects;
    (xi) Other diseases; and,
    (xii) Mechanical or other means.
    (4) Tolerances. (See Sec.  51.2336)

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



Sec.  51.2336  Tolerances.

    In order to allow for variations incident to proper grading and 
handling, the following tolerances by count, shall be permitted in any 
lot:
    (a) U.S. Fancy and U.S. No. 1.
    (1) For defects at shipping point. \2\ 8 percent for fruit which 
fail to meet the requirements of the specified grade: Provided, That 
included in this amount not more than 4 percent shall be allowed for 
defects causing serious damage, including in this latter amount not more 
than 1 percent for fruit affected by internal breakdown or decay.
---------------------------------------------------------------------------

    \2\ Shipping point, as used in these standards, means the point of 
origin of the shipment in the producing area or at port of loading for 
ship stores or overseas shipment, or, in the case of shipments from 
outside the continental United States, the port of entry into the United 
States.
---------------------------------------------------------------------------

    (2) For defects en route or at destination. 12 percent for fruit 
which fail to meet the requirements of the specified grade: Provided, 
That included in this amount not more than the following percentages 
shall be allowed for defects:
    (i) 8 percent for permanent defects;
    (ii) 6 percent for defects causing serious damage, including therein 
not more than 4 percent for serious damage by permanent defects and not 
more than 2 percent for fruit affected by internal breakdown or decay.
    (b) U.S. No. 2.
    (1) For defects at shipping point. \2\ 8 percent for fruit which 
fail to meet the requirements of this grade: Provided, That included in 
this amoung not more than 4 percent shall be allowed for sunscald, 
insects, internal breakdown or decay, including in this latter amount 
not more than 1 percent for fruit affected by internal breakdown or 
decay.
    (2) For defects en route or at destination. 12 percent for fruit 
which fail to meet the requirements of this grade: Provided, That 
included in this amount not more than the following percentages shall be 
allowed for defects:
    (i) 8 percent for permanent defects including therein not more than 
4 percent for sunscald, or insects; and,
    (ii) 2 percent for internal breakdown or decay.



Sec.  51.2337  Application of tolerances.

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

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



Sec.  51.2338  Standard pack.

    (a) Fruit shall be fairly uniform in size and shall be packed in 
boxes, flats, lugs, or cartons and arranged according to approved and 
recognized methods. Containers shall be well filled; contents tightly 
packed but not be excessively or unnecessarily bruised by overfilling or 
oversizing. Fruit in the shown face of the container shall be reasonably 
representative in size and quality of the contents.
    (b) When packed in closed containers the size shall be indicated by 
marking the container with the numerical count.
    (c) Boxes, flats, lugs, or cartons:
    (1) Fruit packed in containers with cell compartments, cardboard 
fillers or molded trays shall be of proper size for the cells, fillers, 
or molds in which they are packed, and conform to the marked count.
    (2) In order to allow for variations incident to proper packing in 
other types

[[Page 455]]

of containers, for example, lugs, cartons, or boxes, the number of fruit 
shall not vary more than two from the marked count.
    (d) ``Fairly uniform in size'' means that fruit in containers marked 
numerically to denote size may not vary in diameter more than \1/2\ inch 
(12.7mm) in sizes 30 or larger; \3/8\ inch (9.5mm) is sizes 31 through 
38; and \1/4\ inch (6.4mm) in sizes 39 or smaller. Not more than 5 
percent, by count, of the fruit in any container may exceed the diameter 
range specified.
    (e) ``Diameter'' means the greatest dimension measured at right 
angles to a line from stem to blossom end.
    (f) In order to allow for variations incident to proper sizing and 
packing, not more than 10 percent, by count, of containers in any lot 
may fail to meet these requirements.

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



Sec.  51.2339  Definitions.

    Similar varietal characteristics means the fruit in any lot and 
container are similar in shape, color of skin and flesh.
    Mature means the fruit has reached the stage of development which 
will ensure the proper completion of the ripening process. The minimum 
average soluble solids, unless otherwise specified, shall be not less 
than 6.5 percent.
    Clean means the fruit is practically free from dirt, dust, or other 
foreign material.
    Fairly clean means the fruit is reasonably free from dirt, dust, or 
other foreign material.
    Well formed means the fruit has the shape characteristic of the 
variety and slight bumps or other roughness are permitted providing they 
do not detract from the appearance.
    Fairly well formed means the fruit has the shape characteristic of 
the variety but slight bumps or other roughness are permitted providing 
they do not materially detract from appearance.
    Badly misshapen means the fruit is so decidely deformed that its 
appearance is seriously affected.
    Carefully packed means the fruit shows no evidence of rough 
handling.
    Injury means any defect described in Sec.  51.2340, or an equally 
objectionable variation of any one of these defects, any other defect, 
or any combination of defects, which more than slightly detracts from 
the appearance, or the edible or marketing quality.
    Damage means any defect described in Sec.  51.2340 or an equally 
objectionable variation of any one of these defects, any other defect, 
or any combination of defects, which materially detracts from the 
appearance, or the edible or marketing quality.
    Serious damage means any defect described in Sec.  51.2340 or an 
equally objectionable variation of any one of these defects, any other 
defect, or any combination of defects, which seriously detracts from the 
appearance, or the edible or marketing quality.
    Permanent defects means those which are not subject to change during 
shipment or storage, for example, shape, scars, or growth cracks.
    Condition defects means those defects which are subject to change 
during shipment or storage, for example, decay, soft, shriveling, 
discoloration, or bruises.

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

[[Page 456]]



Sec.  51.2340  Classification of defects.

------------------------------------------------------------------------
    Defects            Injury             Damage         Serious damage
------------------------------------------------------------------------
Bruises........  When any slight    When surface of    When surface of
                  indentation of     fruit is           the fruit is
                  the fruit or       indented and       indented and
                  discoloration of   discoloration of   discoloration of
                  the flesh          the flesh          the flesh
                  extends more       extends deeper     extends deeper
                  than \1/16\ inch   than \1/8\ inch    than \1/4\ inch
                  (1.6 mm) in        (3.2 mm), or       (6.4 mm), or
                  depth.             causing slight     causing
                                     discoloration      discoloration
                                     exceeding the      exceeding the
                                     area of a circle   area of a circle
                                     \3/8\ inch (9.5    \1/2\ inch (12.7
                                     mm) in diameter,   mm) in diameter,
                                     or lesser          or lesser
                                     bruises            bruises which
                                     aggregating an     seriously
                                     area of a circle   detract from the
                                     \3/8\ inch (9.5    appearance,
                                     mm) in diameter    edible or
                                     which materially   shipping
                                     detract from the   quality.
                                     appearance,
                                     edible or
                                     shipping quality.
Leaf or          When not smooth,   When not smooth,   When smooth and
 Limbrubs.        or not light       or not light       light colored
                  colored, or        colored, or        and aggregating
                  aggregating more   aggregating more   more than the
                  than the area of   than the area of   area of a circle
                  a circle \3/8\     a circle \1/2\     1-\1/2\ inches
                  inch (9.5 mm) in   inch (12.7 mm)     (38.1 mm) in
                  diameter.          in diameter.       diameter, or
                                                        dark or slightly
                                                        rough and
                                                        barklike scars
                                                        aggregating more
                                                        than the area of
                                                        a circle \3/4\
                                                        inch (19.1 mm)
                                                        in diameter.
Discoloration..  When color and     When color and     When color and
                  pattern causes a   pattern causes     pattern causes a
                  distinct           an unattractive    distinct
                  noticeable         appearance         unattractive
                  appearance         (except for        appearance
                  (except for        water staining)    (except for
                  water staining)    affecting more     water staining)
                  affecting more     than 10% of        affecting more
                  than 5% of         surface.           than 25% of
                  surface.                              surface.
Hail Injury....  When unhealed or   When unhealed or   When unhealed or
                  deep, or           deep, or           deep, or
                  aggregating more   aggregating more   aggregating more
                  than the area of   than the area of   than the area of
                  a circle \1/16\    a circle \1/4\     a circle \1/2\
                  inch (1.6 mm) in   inch (6.4 mm) in   inch (12.7 mm)
                  diameter.          diameter.          in diameter.
Growth Cracks..  When not healed,   When not healed,   When not healed
                  or more than one   or more than one   and more than \1/
                  in number, or      in number, or      8\ inch (3.2 mm)
                  more than \1/8\    more than \1/8\    in length or
                  inch (3.2 mm) in   inch (3.2 mm) in   depth, or healed
                  length or depth.   depth, or more     and more than \3/
                                     than \3/8\ inch    16\ inch (4.8
                                     (9.5 mm) in        mm) in depth, or
                                     length if within   healed and
                                     the stem cavity,   aggregating more
                                     or more than \1/   than \5/8\ inch
                                     4\ inch (6.4 mm)   (15.9 mm) in
                                     in length if       length if within
                                     outside the stem   the stem cavity,
                                     cavity.            or healed and
                                                        aggregating more
                                                        than \1/2\ inch
                                                        (12.7 mm) in
                                                        length if
                                                        outside the stem
                                                        cavity.
Scab...........  When cracked, or   When cracked, or   When the
                  the aggregate      the aggregate      aggregate area
                  area exceeds       area exceeds       exceeds that of
                  that of a circle   that of a cricle   a circle \1/2\
                  \1/8\ inch (3.2    \1/4\ inch (6.4    inch (12.7 mm)
                  mm) in diameter.   mm) in diameter.   in diameter.
Scars..........  When not smooth,   When not smooth,   When the surface
                  or surface of      or surface of      of the fruit is
                  the fruit is       the fruit is       depressed more
                  depressed more     depressed more     than \3/16\ inch
                  than \1/32\ inch   than \1/16\ inch   (4.8 mm), or
                  (.8 mm), or not    (1.6 mm), or       when exceeding
                  light in color,    when exceeding     any of the
                  or when            any of the         following
                  exceeding any of   following          aggregate areas,
                  the following      aggregate areas,   or a combination
                  aggregate areas,   or a combination   of two or more
                  or a combination   of two or more     types of scars,
                  of two or more     types of scars,    the seriousness
                  types of scars,    the seriousness    of which exceeds
                  the seriousness    of which exceeds   the maximum
                  of which exceeds   the maximum        allowed for any
                  the maximum        allowed for any    one type: (1)
                  allowed for any    one type: (1)      Dark or rough
                  one type: (1)      Dark or rough      scars when the
                  Dark or rough      scars when the     area exceeds
                  scars when the     area exceeds       that of a circle
                  area exceeds       that of a circle   \3/4\ inch (19.1
                  that of a circle   \1/4\ inch (6.4    mm) in diameter;
                  \1/8\ inch (3.2    mm) in diameter;   (2) Not dark or
                  mm) in diameter;   (2) Fairly light   rough when the
                  (2) Fairly light   colored, fairly    area exceeds one-
                  colored, fairly    smooth scars       fourth of the
                  smooth scars       when the area      fruit surface.
                  when the area      exceeds that of
                  exceeds that of    a circle \1/2\
                  a circle \1/4\     inch (12.7 mm)
                  inch (6.4 mm) in   in diameter; (3)
                  diameter; (3)      Light colored,
                  Light colored,     smooth scars
                  smooth scars       when the area
                  when the area      exceeds that of
                  exceeds that of    a circle \3/4\
                  a circle \1/2\     inch (19.1 mm)
                  inch (12.7 mm)     in diameter.
                  in diameter.
Heat, Sprayburn  When the normal    When the skin is   When the skin is
 and Sunburn.     color of the       blistered,         blistered,
                  skin or flesh is   cracked or         cracked or
                  more than          decidedly          decidedly
                  slightly           flattened, or      flattened, or
                  changed, or any    the normal color   causing any dark
                  indentation is     of the skin or     discoloration of
                  present.           flesh has          the flesh, or
                                     materially         more than two
                                     changed, or more   indentations are
                                     than one           present, or the
                                     indentation, or    aggregate area
                                     indentation        of indentations
                                     exceeds \3/16\     exceeds that of
                                     inch (4.8 mm) in   a circle \3/8\
                                     diameter.          inch (9.5 mm) in
                                                        diameter, or
                                                        when causing a
                                                        noticeable
                                                        brownish or
                                                        darker
                                                        discoloration
                                                        over more than
                                                        one-fourth of
                                                        surface.

[[Page 457]]

 
Scale or Scale   When more than     When the           When the
 Marks.           one large scale    aggregate area     aggregate area
                  or scale mark or   exceds that of a   exceeds that of
                  more than three    circle \1/4\       a circle \3/8\
                  scales or scale    inch (6.4 mm) in   inch (9.5 mm) in
                  marks of any       diameter.          diameter.
                  size are present.
Insects........  When feeding       When feeding       When feeding
                  injury is          injury             injury seriously
                  evident on fruit   materially         detracts from
                  or any insect is   detracts from      appearance or
                  present in fruit.  appearance or      any insect is
                                     any insect is      present in
                                     present in fruit.  fruit.
------------------------------------------------------------------------
Classification of defects guidelines are based on fruit 2 inches or
  smaller in diameter. Accordingly, larger fruit are permitted to have
  defects relative to their size.



Sec.  51.2341  Sample size for grade determination.

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

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



  Subpart_United States Standards for Grades of Pistachio Nuts in the 
                                  Shell

    Source: 51 FR 27814, Aug. 4, 1986, unless otherwise noted.



Sec.  51.2540  General.

    (a) Compliance with the provisions of these standards shall not 
excuse failure to comply with provisions of applicable Federal or State 
laws.
    (b) These standards are applicable to pistachio nuts in the shell 
which may be in a natural, dyed, raw, roasted, or salted state; or in 
any combination thereof. However, nuts of obviously dissimilar forms 
shall not be commingled.



Sec.  51.2541  U.S. Fancy, U.S. Extra No. 1, U.S. No. 1 And U.S. Select Grades.

    ``U.S. Fancy,'' ``U.S. Extra No. 1,'' ``U.S. No. 1,'' and ``U.S. 
Select'' consists of pistachio nuts in the shell which meet the 
following requirements:
    (a) Basic requirements:
    (1) Free from:
    (i) Foreign material;
    (ii) Loose kernels;
    (iii) Shell pieces;
    (iv) Particles and dust; and,
    (v) Blanks.
    (b) Shells:
    (1) Free from:
    (i) Non-split shells; and,
    (ii) Shells not split on suture.
    (2) Free from damage by:
    (i) Adhering hull material;
    (ii) Light stained;
    (iii) Dark stained; and,
    (iv) Other External (shell) defects.
    (c) Kernels:
    (1) Well dried, or, very well dried when specified in connection 
with the grade.
    (2) Free from damage by:
    (i) Immature kernels;
    (ii) Kernel spotting; and,
    (iii) Other Internal (kernel) defects.
    (3) Free from serious damage by:
    (i) Minor insect or vertebrate injury;
    (ii) Insect damage;
    (iii) Mold;
    (iv) Rancidity;
    (v) Decay; and,
    (vi) Other Internal (kernel) defects.
    (d) The nuts are of a size not less than \30/64\ inch in diameter as 
measured by a round hole screen.
    (e) For tolerances, see Sec.  51.2544.

[68 FR 50682, Aug. 22, 2003]



Sec.  51.2542  U.S. Artificially Opened.

    ``U.S. Artificially Opened'' consists of artificially opened 
pistachio nuts in the shell which meet the following requirements:
    (a) Basic Requirements:
    (1) Free from:
    (i) Foreign material;
    (ii) Loose kernels;
    (iii) Shell pieces;
    (iv) Particles and dust; and,
    (v) Blanks.
    (b) Shells:
    (1) Free from:

[[Page 458]]

    (i) Non-split shells; and,
    (ii) Shells not split on suture.
    (2) Free from damage by:
    (i) Adhering hull material;
    (ii) Light stained;
    (iii) Dark stained; and,
    (iv) Other External (shell) defects.
    (c) Kernels:
    (1) Well dried, or, very well dried when specified in connection 
with the grade.
    (2) Free from damage by:
    (i) Immature kernels;
    (ii) Kernel spotting; and,
    (iii) Other Internal (kernel) defects.
    (3) Free from serious damage by:
    (i) Minor insect or vertebrate injury;
    (ii) Insect damage;
    (iii) Mold;
    (iv) Rancidity;
    (v) Decay; and,
    (vi) Other Internal (kernel) defects.
    (d) The nuts are of a size not less than \30/64\ inch in diameter as 
measured by a round hole screen.
    (e) For tolerances, see Sec.  51.2544.

[68 FR 50683, Aug. 22, 2003]



Sec.  51.2543  U.S. Non-Split.

    ``U.S. Non-Split'' consists of non-split pistachio nuts in the shell 
which meet the following requirements:
    (a) Basic requirements:
    (1) Free from:
    (i) Foreign material;
    (ii) Loose kernels;
    (iii) Shell pieces;
    (iv) Particles and dust; and,
    (v) Blanks.
    (b) Shells:
    (1) Free from damage by:
    (i) Adhering hull material; and,
    (ii) Dark stain.
    (c) Kernels:
    (1) Well dried, or very well dried when specified in connection with 
the grade.
    (2) Free from damage by:
    (i) Immature kernels;
    (ii) Kernel spotting; and,
    (iii) Other internal (kernel) defects.
    (3) Free from serious damage by:
    (i) Minor insect or vertebrate injury;
    (ii) Insect damage;
    (iii) Mold;
    (iv) Rancidity;
    (v) Decay; and,
    (vi) Other Internal (kernel) defects.
    (d) The nuts are of a size not less than \30/64\ inch in diameter as 
measured by a round hole screen.
    (e) For Tolerances, see Sec.  51.2544.

[68 FR 50683, Aug. 22, 2003]



Sec.  51.2544  Tolerances.

    (a) In order to allow for variations incident to proper grading and 
handling, the tolerances in Tables I, II, and III of this section are 
provided.

                                               Table I--Tolerances
                                                    [Percent]
----------------------------------------------------------------------------------------------------------------
                                                                                          U.S.
           Factor              U.S. fancy   U.S. extra   U.S. No. 1    U.S. select    artificially    U.S. non-
                                              No. 1                                      opened         split
----------------------------------------------------------------------------------------------------------------
External (shell) Defects
 (tolerances by weight):
(a) Non-split and not split             2            3            6              10              10          N/A
 on suture..................
(1) Non-split included in               1            2            3               4               4          N/A
 (a)........................
(b) Adhering hull material..            1            1            1               2               2            2
(c) Light stained...........            7           12           25             N/A             N/A          N/A
(1) Dark stained, included              2            3            3               3               3            3
 in (c).....................
(d) Damage by other means...            1            1            2               3              10          N/A
(e) Total External Defects..            9           16          N/A             N/A             N/A          N/A
(f) Undersized (Less than               5            5            5               5               4            5
 \30/64\ inch in diameter)..
----------------------------------------------------------------------------------------------------------------


                                              Table II--Tolerances
----------------------------------------------------------------------------------------------------------------
                                                                                          U.S.
  Factor internal (kernel)     U.S. fancy   U.S. extra   U.S. No. 1    U.S. select    artificially    U.S. non-
   defects (tolerances by      (percent)      No. 1      (percent)      (percent)        opened         split
           weight)                          (percent)                                   (percent)     (percent)
----------------------------------------------------------------------------------------------------------------
(a) Damage..................            3            6            6               6               6            6
(b) Serious Damage (Minor               3            4            4               4               4            4
 Insect or Vertebrate
 Injury, Mold, Rancid,
 Decay).....................

[[Page 459]]

 
(1) Insect Damage, included             1            2            2               2               2            2
 in (b).....................
(c) Total Internal Defects..            4            8            9               9               9            9
----------------------------------------------------------------------------------------------------------------


                                                                  Table III--Tolerances
                                                                        [Percent]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                 U.S.
                             Factor                                U.S. fancy    U.S. extra    U.S. No. 1     U.S. select    artificially     U.S. non-
                                                                                    No. 1                                       opened          split
--------------------------------------------------------------------------------------------------------------------------------------------------------
Other Defects (tolerances by weight):
(a) Shell pieces and blanks.....................................          2             2             2               2               2             2
(1) Blanks, included in (a).....................................          1             1             1               1               1             1
(b) Foreign material (No glass, metal or live insects shall be             .25           .25           .25             .25             .25           .25
 permitted).....................................................
(c) Particles and dust..........................................           .25           .25           .25             .25             .25           .25
(d) Loose kernels...............................................          4             5             6               6               6             6
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (b) [Reserved]

[68 FR 50683, Aug. 22, 2003, as amended at 69 FR 76835, Dec. 23, 2004]



Sec.  51.2545  Application of tolerances.

    The tolerances for the grades apply to the entire lot and shall be 
based on a composite sample drawn from containers throughout the lot. 
Any container or group of containers which have nuts obviously different 
in quality or size from those in the majority of the containers shall be 
considered a separate lot and shall be sampled separately.

[68 FR 50684, Aug. 22, 2003]



Sec.  51.2546  Size.

    Nuts may be considered as meeting a size designation specified in 
Table IV or a range in number of nuts per ounce, provided, the weight of 
10 percent, by count, of the largest nuts in a sample does not exceed 
1.50 times the weight of 10 percent, by count, of the smallest and the 
average number of nuts per ounce is not more than one-half nut above or 
below the extremes of the range specified.

                           Table IV--Nut Size
------------------------------------------------------------------------
                                            Average number of nuts per
           Size designations                        ounce \1\
------------------------------------------------------------------------
Colossal...............................  Less than 18.
Extra Large............................  18 to 20.
Large..................................  21 to 25.
Medium.................................  26 to 30.
Small..................................  More than 30.
------------------------------------------------------------------------
\1\ Before Roasting.


[68 FR 50684, Aug. 22, 2003]



Sec.  51.2547  Definitions.

    (a) Well dried means the kernel is firm and crisp.
    (b) Very well dried means the kernel is firm and crisp and the 
average moisture content of the lot does not exceed 7.00 percent or is 
specified. (See Sec.  51.2548.)
    (c) Loose kernels means edible kernels or kernel portions which are 
out of the shell and which cannot be considered particles and dust.
    (d) External (shell) defects means any blemish affecting the hard 
covering around the kernel. Such defects include, but are not limited 
to, non-split shells, shells not split on suture, adhering hull 
material, light stained, or dark stained.

[[Page 460]]

    (1) Damage by external (shell) defects means any specific defect 
described in paragraphs (d)(1) (i) through (v) of this section, or an 
equally objectionable variation of any one of these defects, any other 
defect, or any combination of defects, which materially detracts from 
the appearance or the edible or marketing quality of the individual 
shell or of the lot. (For tolerances see Sec.  51.2544, Table I.)
    (i) Non-split shells means shells are not opened or are partially 
opened and will not allow an \18/1000\ (.018) inch thick by \1/4\ (.25) 
inch wide gauge to slip into the opening.
    (ii) Not split on suture means shells are split other than on the 
suture and will allow an \18/1000\ (.018) inch thick by \1/4\ (.25) inch 
wide gauge to slip into the opening.
    (iii) Adhering hull material means an aggregate amount covers more 
than one-eighth of the total shell surface, or when readily noticeable 
on dyed shells.
    (iv) Light stained on raw or roasted nuts, means an aggregate amount 
of yellow to light brown or light gray discoloration is noticeably 
contrasting with the predominate color of the shell and affects more 
than one-fourth of the total shell surface or, on dyed nuts, when 
readily noticeable.
    (v) Dark stained on raw or roasted nuts, means an aggregate amount 
of dark brown, dark gray or black discoloration affects more than one-
eighth of the total shell surface, or, on dyed nuts, when readily 
noticeable, provided that speckled appearing stain located within the 
area of one-fourth of the shell nearest the stem end shall be 
disregarded.
    (e) Internal (kernel) defects means any blemish affecting the 
kernel. Such defects include, but are not limited to evidence of 
insects, immature kernels, rancid kernels, mold, or decay.
    (1) Damage by internal (kernel) defects means any specific defect 
described in paragraphs (e)(1)(i) through (ii) of this section; or an 
equally objectionable variation of any one of these defects, any other 
defect, or any combination of defects, which materially detracts from 
the appearance or the edible or marketing quality of the individual 
kernel or of the lot. (For tolerances see Sec.  51.2544, Table II.)
    (i) Immature kernels are excessively thin or when a kernel fills 
less than three-fourths, but not less than one-half the shell cavity.
    (ii) Kernel spotting refers to dark brown or dark gray spots 
aggregating more than one-eighth of the surface of the kernel.
    (2) Serious damage by internal (kernel) defects means any specific 
defect described in paragraphs (e)(2)(i) through (v) of this section; or 
an equally objectionable variation of any one of these defects, any 
other defect, or any combination of defects, which seriously detracts 
from the appearance or the edible or the marketing quality of the 
individual kernel or of the lot. (For tolerances see Sec.  51.2544, 
Table II.)
    (i) Minor insect or vertebrate injury means the kernel shows 
conspicuous evidence of feeding.
    (ii) Insect damage is an insect, insect fragment, web or frass 
attached to the kernel. No live insects shall be permitted.
    (iii) Mold which is readily visible on the shell or kernel.
    (iv) Rancidity means the kernel is distinctly rancid to taste. 
Staleness of flavor shall not be classed as rancidity.
    (v) Decay means one-sixteenth or more of the kernel surface is 
decomposed.
    (f) Other defects means defects which cannot be considered internal 
defects or external defects. Such defects include, but are not limited 
to shell pieces, blanks, foreign material or particles and dust. The 
following shall be considered other defects. (For tolerances see Sec.  
51.2544, Table III.)
    (1) Shell pieces means open in-shell nuts not containing a kernel, 
half shells or pieces of shell which are loose in the sample.
    (2) Blank means a non-split shell not containing a kernel or 
containing a kernel that fills less than one-half the shell cavity.
    (3) Foreign material means leaves, sticks, loose hulls or hull 
pieces, dirt, rocks, insects or insect fragments not attached to nuts, 
or any substance other than pistachio shells or kernels. Glass, metal or 
live insects shall not be permitted.

[[Page 461]]

    (4) Particles and dust means pieces of nut kernels which will pass 
through a \5/64\ inch round opening.
    (5) Undersize means pistachio nuts in the shell which fall through a 
\30/64\ inch round hole screen.

[68 FR 50684, Aug. 22, 2003]



Sec.  51.2548  Average moisture content determination.

    (a) Determining average moisture content of the lot is not a 
requirement of the grades, except when nuts are specified as ``very well 
dried.'' It may be carried out upon request in connection with grade 
analysis or as a separate determination.
    (b) Nuts shall be obtained from a randomly drawn composite sample. 
Official certification shall be based on the air-oven method or other 
officially approved methods or devices. Results obtained by methods or 
devices not officially approved may be reported and shall include a 
description of the method or device and the owner of any equipment used.

[68 FR 50685, Aug. 22, 2003]



Sec.  51.2549  Metric conversion table.

    Use the following table for metric conversion:

------------------------------------------------------------------------
                         Inches                             Millimeters
------------------------------------------------------------------------
\5/64\..................................................            1.98
\18/100\................................................             .46
\1/4\...................................................            6.35
\30/64\.................................................           11.88
------------------------------------------------------------------------
                         Ounces                                Grams
------------------------------------------------------------------------
1.......................................................           28.35
2.......................................................           56.70
------------------------------------------------------------------------


[68 FR 50685, Aug. 22, 2003]



  Subpart_United States Standards for Grades of Shelled Pistachio Nuts

    Source: 55 FR 28747, July 13, 1990, unless otherwise noted.



Sec.  51.2555  General.

    (a) Compliance with the provisions of these standards shall not 
excuse failure to comply with provisions of applicable Federal or State 
laws.
    (b) These standards are applicable to raw, roasted, salted or 
salted/roasted pistachio kernels.

[55 FR 28747, July 13, 1990, as amended at 68 FR 50685, Aug. 22, 2003]



Sec.  51.2556  Grades.

    (a) ``U.S. Fancy,'' ``U.S. Extra No. 1,'' and ``U.S. No. 1'' consist 
of pistachio kernels which meet the following requirements:
    (1) Well dried, or very well dried when specified in connection with 
the grade.
    (2) Free from:
    (i) Foreign material, including in-shell nuts, shells, or shell 
fragments.
    (3) Free from damage by:
    (i) Immature kernels;
    (ii) Kernel spotting; and
    (iii) Other defects.
    (4) Free from serious damage by:
    (i) Mold;
    (ii) Minor insect or vertebrate injury;
    (iii) Insect damage;
    (iv) Rancidity;
    (v) Decay; and,
    (vi) Other defects.
    (5) Unless otherwise specified, kernels shall meet the size 
classification of Jumbo Whole Kernels (See Sec.  51.2559).
    (b) [Reserved]

[68 FR 50685, Aug. 22, 2003]



Sec.  51.2557  Tolerances.

    (a) In order to allow for variations incident to proper grading and 
handling, the tolerances, by weight, in Table I are provided.

                           Table 1--Tolerances
------------------------------------------------------------------------
                                               U.S. extra
    Factor (tolerances by       U.S. fancy       No. 1       U.S. No. 1
           weight)              (percent)      (percent)      (percent)
------------------------------------------------------------------------
(a) Damage..................           2.0            2.5            3.0
(b) Serious Damage (Minor              1.5            2.0            2.5
 Insect or Vertebrate
 Injury, Mold, Rancid,
 Decay).....................
(1) Insect Damage, included             .3             .4             .5
 in (b).....................

[[Page 462]]

 
(c) Foreign Material........            .03            .05            .1
------------------------------------------------------------------------


[55 FR 28747, July 13, 1990; 55 FR 29938, July 23, 1990, as amended at 
68 FR 50685, Aug. 22, 2003; 69 FR 76835, Dec. 23, 2004]



Sec.  51.2558  Application of tolerances.

    The tolerances for the grades apply to the entire lot and shall be 
based on a composite sample representative of the lot. Any container or 
group of containers which have kernels obviously different in quality or 
size from those in the majority of containers shall be considered a 
separate lot and shall be sampled separately.



Sec.  51.2559  Size classifications.

    (a) The size of pistachio kernels may be specified in connection 
with the grade in accordance with one of the following size 
classifications.
    (1) Jumbo Whole Kernels: 80 percent or more by weight shall be whole 
kernels and not more than 5 percent of the total sample shall pass 
through a \24/64\ inch round hole screen with not more than 1 percent 
passing through a \16/64\ inch round hole screen.
    (2) Large Whole Kernels: 80 percent or more, by weight, shall be 
whole kernels and not more than 2 percent of the total sample shall pass 
through a \16/64\ inch round hole screen.
    (3) Large Split Kernels: 75 percent or more, by weight, shall be 
half kernels split lengthwise and not more than 5 percent of the total 
sample shall pass through a \16/64\ inch round hole screen.
    (4) Whole and Broken Kernels: means a mixture of any combination of 
whole kernels or pieces. The percentage of whole kernels and/or pieces 
may be specified. Not more than 5 percent of the total sample shall pass 
through a \5/64\ inch round hole screen.
    (b) [Reserved]

[68 FR 50685, Aug. 22, 2003]



Sec.  51.2560  Definitions.

    (a) Well dried means the kernel is firm and crisp.
    (b) Very well dried means the kernel is firm and crisp and the 
average moisture content of the lot does not exceed 7 percent or is 
specified (See Sec.  51.2561).
    (c) Foreign material means leaves, sticks, in-shell nuts, shells or 
pieces of shells, dirt, or rocks, or any other substance other than 
pistachio kernels. No allowable tolerances for metal or glass.
    (d) Whole kernel means \3/4\ of a kernel or more.
    (e) Splits means more than \3/4\ of a half kernel split lengthwise.
    (f) Damage means any specific defect described in paragraph (f) (1) 
through (2) of this section or an equally objectionable variation of any 
one of these defects, any other defect, or any combination of defects, 
which materially detracts from the appearance or the edible or marketing 
quality of the individual kernel or of the lot. (For tolerances, see 
Sec.  51.2557, Table I.)
    (1) Immature kernels are excessively thin kernels and can have 
black, brown or gray surface with a dark interior color and the 
immaturity has adversely affected the flavor of the kernel.
    (2) Kernel spotting refers to dark brown or dark gray spots 
aggregating more than one-eighth of the surface of the kernel.
    (g) Serious damage means any specific defect described in paragraph 
(g) (1) through (5) of this section, or an equally objectionable 
variation of any one of these defects, any other defect, or any 
combination of defects, which seriously detracts from the appearance or 
the edible or marketing quality of the individual kernel or of the lot. 
(For tolerances see Sec.  51.2557 Table I.)
    (1) Mold which is readily visible on the kernel.
    (2) Minor insect or vertebrate injury means the kernel shows 
conspicuous evidence of feeding.
    (3) Insect damage is an insect, insect fragment, web or frass 
attached to the kernel. No live insects shall be permitted.
    (4) Rancidity means the kernel is distinctly rancid to taste. 
Staleness of flavor shall not be classed as rancidity.
    (5) Decay means one-sixteenth or more of the kernel is decomposed.

[68 FR 50685, Aug. 22, 2003]

[[Page 463]]



Sec.  51.2561  Average moisture content.

    (a) Determining average moisture content of the lot is not a 
requirement of the grades, except when kernels are specified as ``very 
well dried.'' It may be carried out upon request in connection with 
grade analysis or as a separate determination.
    (b) Kernels shall be obtained from a randomly drawn composite 
sample. Official certification shall be based on the air-oven method or 
other officially approved methods or devices. Results obtained by 
methods or devices not officially approved may be reported and shall 
include a description of the method or device and owner of any equipment 
used.



Sec.  51.2562  Metric Conversion Table.

    Use the following table for metric conversion:

------------------------------------------------------------------------
               Inches                            Millimeters
------------------------------------------------------------------------
                   \5/64\                                 1.98
                  \16/64\                                 6.35
                  \24/64\                                 9.53
               Ounces                                 Grams
                        1                                28.35
                        2                                56.7
------------------------------------------------------------------------


[68 FR 50686, Aug. 22, 2003]



    Subpart_United States Standards for Grades for Sweet Cherries \1\
---------------------------------------------------------------------------

    \1\ Packing of the product in conformity with the requirements of 
these standards shall not excuse failure to comply with the provisions 
of the Federal Food, Drug and Cosmetic Act or with applicable State laws 
and regulations.

    Source: 36 FR 8502, May 7, 1971, unless otherwise noted. 
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 
46 FR 63203, Dec. 31, 1981.

                                 Grades



Sec.  51.2646  U.S. No. 1.

    ``U.S. No. 1'' consists of sweet cherries which meet the following 
requirements:
    (a) Similar varietal characteristics;
    (b) Mature;
    (c) Fairly well colored;
    (d) Well formed; and
    (e) Clean.
    (f) Free from:
    (1) Decay;
    (2) Insect larvae or holes caused by them;
    (3) Soft, overripe or shriveled;
    (4) Undeveloped doubles; and,
    (5) Sunscald.
    (g) Free from damage by any other cause. (See Sec.  51.2655.)
    (h) Size. Unless otherwise specified, the minimum diameter of each 
cherry shall be not less than three-fourths inch. The maximum diameter 
of the cherries in any lot may be specified in accordance with the 
facts.
    (i) For tolerances see Sec.  51.2648.



Sec.  51.2647  U.S. Commercial.

    ``U.S. Commercial'' consists of sweet cherries which meet the 
requirements for the U.S. No. 1 grade except for minimum diameter and 
except for increased tolerances.
    (a) Size. Unless otherwise specified, the diameter of each cherry 
shall be not less than five-eighths inch. The maximum diameter of the 
cherries in any lot may be specified in accordance with the facts.
    (b) For tolerances see Sec.  51.2648.

                               Tolerances



Sec.  51.2648  Tolerances.

    In order to allow for variations incident to proper grading and 
handling in each of the foregoing grades, the following tolerances, by 
count, are provided as specified:
    (a) For defects at shipping point\2\--(1) U.S. No. 1. 8 percent for 
cherries which fail to meet the requirements for this grade: Provided, 
That included in this amount not more than 4 percent shall be allowed 
for defects causing serious damage, including in this latter amount not 
more than one-half of 1 percent for cherries which are affected by 
decay.
---------------------------------------------------------------------------

    \2\ Shipping point, as used in these standards, means the point of 
origin of the shipment in the producing area or at port of loading for 
ship stores or overseas shipment, or, in the case of shipments from 
outside the continental United States, the port of entry into the United 
States.
---------------------------------------------------------------------------

    (2) U.S. Commercial. 16 percent for cherries which fail to meet the 
requirements for this grade: Provided, That included in this amount not 
more than 4

[[Page 464]]

percent shall be allowed for defects causing serious damage, including 
in this latter amount not more than one-half of 1 percent for cherries 
affected by decay.
    (b) For defects en route or at destination--(1) U.S. No. 1. 12 
percent for cherries in any lot which fail to meet the requirements for 
this grade: Provided, That included in this amount not more than the 
following percentages shall be allowed for defects listed:
    (i) 8 percent for cherries which fail to meet the requirements for 
this grade because of permanent defects; or,
    (ii) 6 percent for cherries which are seriously damaged, including 
therein not more than 4 percent for cherries which are seriously damaged 
by permanent defects and not more than 2 percent for cherries which are 
affected by decay.
    (2) U.S. Commercial. 24 percent for cherries in any lot which fail 
to meet the requirements for this grade: Provided, That included in this 
amount not more than the following percentages shall be allowed for 
defects listed:
    (i) 16 percent for cherries which fail to meet the requirements for 
this grade because of permanent defects; or,
    (ii) 6 percent for cherries which are seriously damaged, including 
therein not more than 4 percent for cherries which are seriously damaged 
by permanent defects and not more than 2 percent for cherries which are 
affected by decay.
    (c) For off-size. 5 percent for cherries which fail to meet the 
specified minimum diameter and 10 percent for cherries that fail to meet 
any specified maximum diameter.

                        Application of Tolerances



Sec.  51.2649  Application of tolerances.

    Individual samples shall have not more than double the tolerances 
specified, except that at least two defective and two off-size specimens 
may be permitted in any sample: Provided, That the averages for the 
entire lot are within the tolerances specified for the grade.

                               Definitions



Sec.  51.2650  Similar varietal characteristics.

    Similar varietal characteristics means that the cherries in any 
container are similar in color and shape.



Sec.  51.2651  Mature.

    Mature means that the cherries have reached the stage of growth 
which will insure the proper completion of the ripening process.



Sec.  51.2652  Fairly well colored.

    Fairly well colored means that at least 95 percent of the surface of 
the cherry shows characteristic color for mature cherries of the 
variety.



Sec.  51.2653  Well formed.

    Well formed means that the cherry has the normal shape 
characteristic of the variety, except that mature well developed doubles 
shall be considered well formed when each of the halves is approximately 
evenly formed.



Sec.  51.2654  Clean.

    Clean means that the cherries are practically free from dirt, dust, 
spray residue, or other foreign material.



Sec.  51.2655  Damage.

    Damage means any specific defect described in this section; or an 
equally objectionable variation of any one of these defects, any other 
defect, or any combination of defects, which materially detracts from 
the appearance, or the edible or marketing quality of the fruit. The 
following specific defects shall be considered as damage:
    (a) Cracks within the stem cavity when deep or not well healed, or 
when the appearance is affected to a greater extent than that of a 
cherry which has a superficial well healed crack one-sixteenth inch in 
width extending one-half the greatest circumference of the stem cavity;
    (b) Cracks outside of the stem cavity when deep or not well healed, 
or when the crack has weakened the cherry to the extent that it is 
likely to split or break in the process of proper grading, packing, and 
handling, or when materially affecting the appearance;

[[Page 465]]

    (c) Hail injury when deep or not well healed, or when the aggregate 
area exceeds the area of a circle three-sixteenths inch in diameter;
    (d) Insects when scale or more than one scale mark is present, or 
when the appearance is materially affected by any insect;
    (e) Limbrubs when affecting the appearance of the cherry to a 
greater extent than the amount of scarring permitted;
    (f) Pulled stems when the skin or flesh is torn, or when the cherry 
is leaking;
    (g) Russeting when affecting the appearance of the cherry to a 
greater extent than the amount of scarring permitted;
    (h) Scars when excessively deep or rough or dark colored and the 
aggregate area exceeds the area of a circle three-sixteenths inch in 
diameter, or when smooth or fairly smooth, light colored and superficial 
and the aggregate area exceeds the area of a circle one-fourth inch in 
diameter;
    (i) Skin breaks when not well healed or when the appearance of the 
cherry is materially affected; and,
    (j) Sutures when excessively deep or when affecting the shape of the 
cherry to the extent that it is not well formed.



Sec.  51.2656  Diameter.

    Diameter means the greatest dimension measured at right angles to a 
line from the stem to the blossom end of the cherry.



Sec.  51.2657  Serious damage.

    Serious damage means any specific defect described in this section; 
or an equally objectionable variation of any one of these defects, any 
other defect, or any combination of defects which seriously detracts 
from the appearance or the edible or marketing quality of the fruit. The 
following specific defects shall be considered as serious damage:
    (a) Decay;
    (b) Insect larvae or holes caused by them;
    (c) Skin breaks which are not well healed;
    (d) Cracks which are not well healed; and,
    (e) Pulled stems with skin or flesh of cherry torn or which causes 
the cherry to leak.

[36 FR 8502, May 5, 1971; 36 FR 9061, May 19, 1971. Redesignated at 42 
FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 
31, 1981]



Sec.  51.2658  Permanent defects.

    Permanent defects means defects which are not subject to change 
during shipping or storage; including, but not limited to factors of 
shape, scarring, skin breaks, injury caused by hail or insects, and 
mechanical injury which is so located as to indicate that it occurred 
prior to shipment.



Sec.  51.2659  Condition defects.

    Condition defects means defects which may develop or change during 
shipment or storage; including, but not limited to decayed or soft 
cherries and such factors as pitting, shriveling, sunken areas, brown 
discoloration and bruising which is so located as to indicate that it 
occurred after packing.

                         Metric Conversion Table



Sec.  51.2660  Metric conversion table.

------------------------------------------------------------------------
                                                             Millimeters
                           Inches                                (mm)
------------------------------------------------------------------------
\8/64\ equals..............................................          3.2
\16/64\ equals.............................................          6.4
\24/64\ equals.............................................          9.5
\32/64\ equals.............................................         12.7
\40/64\ equals.............................................         15.9
\48/64\ equals.............................................         19.1
\51/64\ equals.............................................         20.2
\52/64\ equals.............................................         20.6
\54/64\ equals.............................................         21.4
\56/64\ equals.............................................         22.2
1 equals...................................................         25.4
1\8/64\ equals.............................................         28.6
1\16/64\ equals............................................         31.8
1\24/64\ equals............................................         34.9
------------------------------------------------------------------------



     Subpart_United States Standards for Shelled Runner Type Peanuts

    Source: 21 FR 4850, June 30, 1956, unless otherwise noted. 
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 
46 FR 63203, Dec. 31, 1981.

                                 Grades



Sec.  51.2710  U.S. No. 1 Runner.

    ``U.S. No. 1 Runner'' consists of shelled Runner type peanut kernels 
of

[[Page 466]]

similar varietal characteristics which are whole and free from foreign 
material, damage and minor defects, and which will not pass through a 
screen having \16/64\ x \3/4\ inch openings.
    (a) In order to allow for variations incident to proper grading and 
handling, the following tolerances, by weight, shall be permitted:
    (1) 1 percent for other varieties of peanuts;
    (2) 3 percent for sound peanuts which are split or broken;
    (3) 1.5 percent for damaged or unshelled peanuts;
    (4) 0.5 percent for minor defects: Provided, That in addition, any 
unused part of the tolerance for damaged or unshelled peanuts shall be 
allowed for minor defects;
    (5) 0.1 percent for foreign material; and,
    (6) 3 percent for sound whole peanuts which will pass through the 
prescribed screen.

[21 FR 4850, June 30, 1956, as amended at 21 FR 5669, July 28, 1956. 
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 
46 FR 63203, Dec. 31, 1981]



Sec.  51.2711  U.S. Runner Splits.

    ``U.S. Runner Splits'' consists of shelled Runner type peanut 
kernels of similar varietal characteristics which are split or broken, 
but which are free from foreign material, damage and minor defects, and 
which will not pass through a screen having \17/64\ inch round openings.
    (a) In order to allow for variations incident to proper grading and 
handling, the following tolerances, by weight, shall be permitted:
    (1) 2 percent for other varieties of peanuts;
    (2) 2 percent for damaged or unshelled peanuts and minor defects;
    (3) 0.2 percent for foreign material;
    (4) 2 percent for sound portions of peanuts which will pass through 
the prescribed screen; and,
    (5) 4 percent for sound whole peanuts.



Sec.  51.2712  U.S. No. 2 Runner.

    ``U.S. No. 2 Runner'' consists of shelled Runner type peanut kernels 
of similar varietal characteristics which may be split or broken, but 
which are free from foreign material, damage and minor defects, and 
which will not pass through a screen having \17/64\ inch round openings.
    (a) In order to allow for variations incident to proper grading and 
handling, the following tolerances, by weight, shall be permitted:
    (1) 2 percent for other varieties of peanuts;
    (2) 2.5 percent for damaged or unshelled peanuts and minor defects;
    (3) 0.2 percent for foreign material; and,
    (4) 6 percent for sound peanuts and portions of peanuts which will 
pass through the prescribed screen.

                        Application of Tolerances



Sec.  51.2713  Application of tolerances.

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

                               Definitions



Sec.  51.2714  Similar varietal characteristics.

    Similar varietal characteristics means that the peanut kernels in 
the lot are not of distinctly different varieties. For example, Spanish 
type shall not be mixed with Runners.



Sec.  51.2715  Whole.

    Whole means that the peanut kernel is not split or broken.



Sec.  51.2716  Split.

    Split means the separated half of a peanut kernel.



Sec.  51.2717  Broken.

    Broken means that more than one-fourth of the peanut kernel is 
broken off.



Sec.  51.2718  Foreign material.

    Foreign material means pieces or loose particles of any substance 
other than peanut kernels or skins.

[[Page 467]]



Sec.  51.2719  Unshelled.

    Unshelled means a peanut kernel with part or all of the hull (shell) 
attached.



Sec.  51.2720  Minor defects.

    Minor defects means that the peanut kernel is not damaged but is 
affected by one or more of the following:
    (a) Skin discoloration which is dark brown, dark gray, dark blue or 
black and covers more than one-fourth of the surface;
    (b) Flesh discoloration which is darker than a light yellow color or 
consists of more than a slight yellow pitting of the flesh;
    (c) Sprout extending more than one-eighth of an inch from the tip of 
the kernel; and,
    (d) Dirt when the surface of the kernel is distinctly dirty, and its 
appearance is materially affected.



Sec.  51.2721  Damage.

    Damage means that the peanut kernel is affected by one or more of 
the following:
    (a) Rancidity or decay;
    (b) Mold;
    (c) Insects, worm cuts, web or frass;
    (d) Freezing injury causing hard, translucent or discolored flesh; 
and
    (e) Dirt when the surface of the kernel is heavily smeared, thickly 
flecked or coated with dirt, seriously affecting its appearance.



   Subpart_United States Standards for Grades of Shelled Spanish Type 
                                 Peanuts

    Source: 30 FR 7595, June 11, 1965, unless otherwise noted. 
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 
46 FR 63203, Dec. 31, 1981.

                                 Grades



Sec.  51.2730  U.S. No. 1 Spanish.

    ``U.S. No. 1 Spanish'' consists of shelled Spanish type peanut 
kernels which are whole and free from foreign material, damage and minor 
defects, and which will not pass through a screen having \15/64\ x \3/4\ 
inch openings.
    (a) In order to allow for variations incident to proper grading and 
handling, the following tolerances, by weight, shall be permitted:
    (1) 1 percent for other types of peanuts;
    (2) 3 percent for sound peanuts which are split or broken;
    (3) 1.5 percent for damaged or unshelled peanuts;
    (4) 0.5 percent for minor defects: Provided, That in addition, any 
unused part of the tolerance for damaged or unshelled peanuts shall be 
allowed for minor defects;
    (5) 0.1 percent for foreign material; and,
    (6) 2 percent for sound whole peanuts which will pass through the 
prescribed screen.



Sec.  51.2731  U.S. Spanish Splits.

    ``U.S. Spanish Splits'' consists of shelled Spanish type peanut 
kernels which are split or broken, but which are free from foreign 
material, damage and minor defects, and which will not pass through a 
screen having \16/64\ inch round openings.
    (a) In order to allow for variations incident to proper grading and 
handling, the following tolerances, by weight, shall be permitted:
    (1) 2 percent for other types of peanuts;
    (2) 2 percent for damaged or unshelled peanuts and minor defects;
    (3) 0.2 percent for foreign material;
    (4) 2 percent for sound portions of peanuts which will pass through 
the prescribed screen; and,
    (5) 4 percent for sound whole kernels.



Sec.  51.2732  U.S. No. 2 Spanish.

    ``U.S. No. 2 Spanish'' consists of shelled Spanish type peanut 
kernels which may be split or broken, but which are free from foreign 
material, damage, and minor defects, and which will not pass through a 
screen having \16/64\ inch round openings.
    (a) In order to allow for variations incident to proper grading and 
handling, the following tolerances, by weight, shall be permitted:
    (1) 2 percent for other types of peanuts;
    (2) 2.5 percent for damaged or unshelled peanuts and minor defects;
    (3) 0.2 percent for foreign material; and,

[[Page 468]]

    (4) 6 percent for sound peanuts and portions of peanuts which will 
pass through the prescribed screen.

                        Application of Tolerances



Sec.  51.2733  Application of tolerances.

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

                               Definitions



Sec.  51.2734  Spanish type.

    Spanish type means peanuts of varieties which belong to the Spanish 
classification group and which are free from kernels of Runner, 
Virginia, or other types.



Sec.  51.2735  Whole.

    Whole means that the peanut kernel is not split or broken.



Sec.  51.2736  Split.

    Split means the separated half of a peanut kernel.



Sec.  51.2737  Broken.

    Broken means that more than one-fourth of the peanut kernel is 
broken off.



Sec.  51.2738  Foreign material.

    Foreign material means pieces or loose particles of any substance 
other than peanut kernels or skins.



Sec.  51.2739  Damage.

    Damage means any specific defect described in this section; or any 
other defect, or any combination of defects which materially detracts 
from the edible quality of the peanut. The following specific defects 
shall be considered as damage:
    (a) Rancidity or decay;
    (b) Mold;
    (c) Insects, worm cuts, web or frass;
    (d) Freezing injury causing hard, translucent, or discolored flesh; 
and,
    (e) Dirt when the surface of the kernel is heavily smeared, thickly 
flecked or coated with dirt, seriously affecting its appearance.



Sec.  51.2740  Minor defects.

    Minor defects means that the peanut kernel is not damaged but is 
affected by one or more of the following:
    (a) Skin discoloration which is dark brown, dark gray, dark blue or 
black and covers more than one-fourth of the surface;
    (b) Flesh discoloration which is darker than a light yellow color or 
consists of more than a slight yellow pitting of the flesh;
    (c) Sprout extending more than one-eighth of an inch from the tip of 
the kernel; and,
    (d) Dirt when the surface of the kernel is distinctly dirty, and its 
appearance is materially affected.



Sec.  51.2741  Unshelled.

    Unshelled means a peanut kernel with part or all of the hull (shell) 
attached.



    Subpart_United States Standards for Shelled Virginia Type Peanuts

    Source: 24 FR 6182, Aug. 1, 1959; 24 FR 6671, Aug. 18, 1959, unless 
otherwise noted. Redesignated at 42 FR 32514, June 27, 1977, and further 
redesignated at 46 FR 63203, Dec. 31, 1981.

                                 Grades



Sec.  51.2750  U.S. Extra Large Virginia.

    ``U.S. Extra Large Virginia'' consists of shelled Virginia type 
peanut kernels of similar varietal characteristics which are whole and 
free from foreign material, damage and minor defects, and which will not 
pass through a screen having \20/64\ x 1 inch openings. Unless otherwise 
specified, the peanuts in any lot shall average not more than 512 per 
pound.
    (a) In order to allow for variations incident to proper grading and 
handling, the following tolerances, by weight, shall be permitted:
    (1) 0.75 percent for other varieties of peanuts;
    (2) 3 percent for sound peanuts which are split or broken;

[[Page 469]]

    (3) 1 percent for damaged or unshelled peanuts;
    (4) 0.75 percent for minor defects: Provided, That in addition, any 
unused part of the tolerance for damaged or unshelled peanuts shall be 
allowed for minor defects;
    (5) 0.1 percent for foreign material; and,
    (6) 3 percent for sound, whole peanuts which will pass through the 
prescribed screen.



Sec.  51.2751  U.S. Medium Virginia.

    ``U.S. Medium Virginia'' consists of shelled Virginia type peanut 
kernels of similar varietal characteristics which are whole and free 
from foreign material, damage and minor defects, and which will not pass 
through a screen having \18/64\ x 1 inch openings. Unless otherwise 
specified, the peanuts in any lot shall average not more than 640 per 
pound.
    (a) In order to allow for variations incident to proper grading and 
handling, the following tolerances, by weight, shall be permitted:
    (1) 1 percent for other varieties of peanuts;
    (2) 3 percent for sound peanuts which are split or broken;
    (3) 1.25 percent for damaged or unshelled peanuts;
    (4) 0.75 percent for minor defects: Provided, That in addition, any 
unused part of the tolerance for damaged or unshelled peanuts shall be 
allowed for minor defects;
    (5) 0.1 percent for foreign material; and,
    (6) 3 percent for sound, whole peanuts which will pass through the 
prescribed screen.



Sec.  51.2752  U.S. No. 1 Virginia.

    ``U.S. No. 1 Virginia'' consists of shelled Virginia type peanut 
kernels of similar varietal characteristics which are whole and free 
from foreign material, damage and minor defects, and which will not pass 
through a screen having \15/64\ x 1 inch openings. Unless otherwise 
specified, the peanuts in any lot shall average not more than 864 per 
pound.
    (a) In order to allow for variations incident to proper grading and 
handling, the following tolerances by weight, shall be permitted:
    (1) 1 percent for other varieties of peanuts;
    (2) 3 percent for sound peanuts which are split or broken;
    (3) 1.25 percent for damaged or unshelled peanuts;
    (4) 0.75 percent for minor defects: Provided, That in addition, any 
unused part of the tolerance for damaged or unshelled peanuts shall be 
allowed for minor defects;
    (5) 0.1 percent for foreign material; and,
    (6) 3 percent for sound, whole peanuts which will pass through the 
prescribed screen.

[24 FR 6671, Aug. 18, 1959. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981]



Sec.  51.2753  U.S. Virginia Splits.

    ``U.S. Virginia Splits'' consists of shelled Virginia type peanut 
kernels of similar varietal characteristics which are free from foreign 
material, damage and minor defects, and which will not pass through a 
screen having \20/64\ inch round openings. Not less than 90 percent, by 
weight, shall be splits.
    (a) In order to allow for variations incident to proper grading and 
handling, the following tolerances, by weight, shall be permitted:
    (1) 2 percent for other varieties of peanuts;
    (2) 2 percent for damaged or unshelled peanuts and minor defects;
    (3) 0.2 percent for foreign materials; and,
    (4) 3 percent for sound peanuts and portions of peanuts which will 
pass through the prescribed screen.

[24 FR 6671, Aug. 18, 1959. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981]



Sec.  51.2754  U.S. No. 2 Virginia.

    ``U.S. No. 2 Virginia'' consists of shelled Virginia type peanut 
kernels of similar varietal characteristics which may be split or 
broken, but which are free from foreign material, damage and minor 
defects, and which will not pass through a screen having \17/64\ inch 
round openings.
    (a) In order to allow for variations incident to proper grading and 
handling,

[[Page 470]]

the following tolerances, by weight, shall be permitted:
    (1) 2 percent for other varieties of peanuts;
    (2) 2.5 percent for damaged or unshelled peanuts and minor defects;
    (3) 0.2 percent for foreign material; and,
    (4) 6 percent for sound peanuts and portions of peanuts which will 
pass through the prescribed screen.

                        Application of Tolerances



Sec.  51.2755  Application of tolerances.

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

                               Definitions



Sec.  51.2756  Similar varietal characteristics.

    Similar varietal characteristics means that the peanut kernels in 
the lot are not of distinctly different varieties. For example, Spanish 
type shall not be mixed with Virginia type.



Sec.  51.2757  Whole.

    Whole means that the peanut kernel is not split or broken.



Sec.  51.2758  Split.

    Split means the separated half of a peanut kernel.



Sec.  51.2759  Broken.

    Broken means that more than one-fourth of the peanut kernel is 
broken off.



Sec.  51.2760  Foreign material.

    Foreign material means pieces or loose particles of any substance 
other than peanut kernels or skins.



Sec.  51.2761  Unshelled.

    Unshelled means a peanut kernel with part or all of the hull (shell) 
attached.



Sec.  51.2762  Minor defects.

    Minor defects means that the peanut kernel is not damaged but is 
affected by one or more of the following:
    (a) Skin discoloration which is dark brown, dark gray, dark blue or 
black and covers more than one-fourth of the surface;
    (b) Flesh discoloration which is darker than a light yellow color or 
consists of more than a slight yellow pitting of the flesh;
    (c) Sprout extending more than one-eighth of an inch from the tip of 
the kernel; and,
    (d) Dirt when the surface of the kernel is distinctly dirty, and its 
appearance is materially affected.



Sec.  51.2763  Damage.

    Damage means that the peanut kernel is affected by one or more of 
the following:
    (a) Rancidity or decay;
    (b) Mold;
    (c) Insects, worm cuts, web or frass;
    (d) Freezing injury causing hard, translucent or discolored flesh; 
and,
    (e) Dirt when the surface of the kernel is heavily smeared, thickly 
flecked or coated with dirt, seriously affecting its appearance.



    Subpart_United States Standards for Grades of Onions (Other Than 
                 Bermuda-Granex-Grano and Creole Types)

    Source: 60 FR 46977, Sept. 8, 1995, unless otherwise noted.

                                 Grades



Sec.  51.2830  U.S. No. 1.

    U.S. No. 1 consists of onions which meet the following requirements:
    (a) Basic requirements:
    (1) Similar varietal characteristics, except color when designated 
as a specialty or mixed pack;
    (2) Mature;
    (3) Fairly firm; and,
    (4) Fairly well shaped.
    (b) Free from:
    (1) Decay;
    (2) Wet sunscald;
    (3) Doubles;
    (4) Bottlenecks; and,

[[Page 471]]

    (5) Scallions.
    (c) Free from damage caused by:
    (1) Seedstems;
    (2) Splits;
    (3) Tops;
    (4) Roots;
    (5) Dry sunken areas;
    (6) Sunburn;
    (7) Sprouts;
    (8) Freezing;
    (9) Peeling;
    (10) Cracked fleshy scales;
    (11) Watery scales;
    (12) Dirt or staining;
    (13) Foreign matter;
    (14) Mechanical;
    (15) Translucent scales;
    (16) Disease;
    (17) Insects; and,
    (18) Other means.
    (d) For tolerances see Sec.  51.2837.
    (e) Size. Unless otherwise specified the diameter shall be not less 
than 1\1/2\ inches, and yellow, brown, or red onions shall have 40 
percent or more, and white onions shall have 30 percent or more, by 
weight, of the onions in any lot 2 inches or larger in diameter.
    (f) When a percentage of the onions is specified to be of any 
certain size or larger, no part of any tolerance shall be allowed to 
reduce the specified percentage, but individual packages in a lot may 
have as much as 25 percentage points less than the percentage specified, 
except that individual packages containing 10 pounds or less shall have 
no requirements as to percentage of a certain size or larger: Provided, 
that any lot, regardless of package size, shall average within the 
percentage specified. (See Sec. Sec.  51.2836 and 51.2837) \1\
---------------------------------------------------------------------------

    \1\ Any lot of onions quoted as being of size smaller than 1\1/2\ 
inches minimum, such as ``U.S. No. 1, 1\1/4\ inches min.'' is not 
required to meet the percentages which shall be 2 inches or larger as 
specified in the U.S. No. 1 grade.

[60 FR 46977, Sept. 8, 1995, as amended at 79 FR 63294, Oct. 23, 2014]



Sec.  51.2831  U.S. Export No. 1.

    U.S. Export No. 1 consists of onions which meet the following 
requirements:
    (a) Basic requirements:
    (1) Similar varietal characteristics, except color when designated 
as a specialty or mixed pack;
    (2) Mature;
    (3) Dormant;
    (4) Fairly firm; and,
    (5) Fairly well shaped.
    (b) Free from:
    (1) Decay;
    (2) Wet sunscald;
    (3) Doubles;
    (4) Bottlenecks; and,
    (5) Scallions.
    (c) Free from damage caused by:
    (1) Seedstems;
    (2) Splits;
    (3) Tops;
    (4) Roots;
    (5) Dry sunken areas;
    (6) Sunburn;
    (7) Sprouts;
    (8) Freezing;
    (9) Peeling;
    (10) Cracked fleshy scales;
    (11) Watery scales;
    (12) Dirt or staining;
    (13) Foreign matter;
    (14) Mechanical;
    (15) Translucent scales;
    (16) Disease;
    (17) Insects; and,
    (18) Other means.
    (d) Unless otherwise specified onions are packed in accordance with 
Export Packing Requirements set forth in Sec.  51.2840. (See Sec.  
51.2837.)

[60 FR 46977, Sept. 8, 1995, as amended at 79 FR 63294, Oct. 23, 2014]



Sec.  51.2832  U.S. Commercial.

    U.S. Commercial consists of onions which meet the following 
requirements:
    (a) Basic requirements:
    (1) Similar varietal characteristics, except color when designated 
as a specialty or mixed pack;
    (2) Mature;
    (3) Not soft or spongy; and,
    (4) Not badly misshapen.
    (b) Free from:
    (1) Decay;
    (2) Wet sunscald;
    (3) Doubles;
    (4) Bottlenecks; and,
    (5) Scallions.
    (c) Free from damage caused by:
    (1) Seedstems;
    (2) Tops;

[[Page 472]]

    (3) Roots;
    (4) Dry sunken areas;
    (5) Sunburn;
    (6) Sprouts;
    (7) Freezing;
    (8) Cracked fleshy scales;
    (9) Watery scales;
    (10) Mechanical;
    (11) Translucent scales;
    (12) Disease;
    (13) Insects; and,
    (14) Other means.
    (d) Free from serious damage caused by:
    (1) Staining;
    (2) Dirt; and,
    (3) Other foreign matter.
    (e) For tolerances see Sec.  51.2837.
    (f) Size. Unless otherwise specified, the diameter shall be not less 
than 1\1/2\ inches. (See Sec. Sec.  51.2836 and 51.2837.)

[60 FR 46977, Sept. 8, 1995, as amended at 79 FR 63294, Oct. 23, 2014]



Sec.  51.2833  U.S. No. 1 Boilers.

    U.S. No. 1 Boilers consists of onions which meet all the 
requirements for the U.S. No. 1 grade except for size. (See Sec.  
51.2830.) Size: The diameter of onions of this grade shall be not less 
than 1 inch nor more than 1\7/8\ inches. (See Sec.  51.2837.)



Sec.  51.2834  U.S. No. 1 Picklers.

    U.S. No. 1 Picklers consists of onions which meet all the 
requirements for the U.S. No. 1 grade except for size. (See Sec.  
51.2830.) Size: The maximum diameter of onions of this grade shall be 
not more than 1 inch. (See Sec.  51.2837.)



Sec.  51.2835  U.S. No. 2.

    U.S. No. 2 consists of onions which meet the following requirements:
    (a) Basic requirements:
    (1) One type, except when designated as a specialty or mixed pack;
    (2) Mature; and,
    (3) Not soft or spongy.
    (b) Free from:
    (1) Decay;
    (2) Wet sunscald; and,
    (3) Scallions.
    (c) Free from serious damage caused by:
    (1) Watery scales;
    (2) Dirt or Staining;
    (3) Foreign Matter;
    (4) Seedstems;
    (5) Sprouts;
    (6) Mechanical;
    (7) Dry sunken areas;
    (8) Disease;
    (9) Freezing;
    (10) Insects; and,
    (11) Other means.
    (d) For tolerances see Sec.  51.2837.
    (e) Size. Unless otherwise specified, the diameter shall not be less 
than 1\1/2\ inches. (See Sec. Sec.  51.2836 and 51.2837.)

[60 FR 46977, Sept. 8, 1995, as amended at 79 FR 63294, Oct. 23, 2014]

                          Size Classifications



Sec.  51.2836  Size classifications.

    The size of onions may be specified in accordance with one of the 
following classifications.

----------------------------------------------------------------------------------------------------------------
                                                                  Minimum diameter          Maximum diameter
                      Size designation                       ---------------------------------------------------
                                                                 Inches    Millimeters     Inches    Millimeters
----------------------------------------------------------------------------------------------------------------
Small.......................................................            1         25.4       2\1/4\         57.2
Repacker/Prepacker \1\......................................       1\3/4\         44.5            3         76.2
Medium......................................................            2         50.8       3\1/4\         82.6
Large or Jumbo..............................................            3         76.2        (\2\)
Colossal....................................................       3\3/4\         95.3        (\2\)
----------------------------------------------------------------------------------------------------------------
\1\ In addition to the sizes specified, a lot of onions designated as Repacker or Prepacker shall contain at
  least 60 percent or more 2 inches or larger in diameter.
\2\ No requirement.


[[Page 473]]

                               Tolerances



Sec.  51.2837  Tolerances.

    In order to allow for variations incident to proper grading and 
handling in each of the foregoing grades the following tolerances, by 
weight, are provided as specified:
    (a) For defects:
    (1) U.S. No. 1, U.S. Export No. 1, U.S. No. 1 Boilers and U.S. No. 1 
Picklers grades. (i) Not more than 10 percent of the onions in a lot may 
be damaged by peeling; and,
    (ii) Not more than 5 percent of the onions in a lot may be below the 
remaining requirements of these grades, but not more than two-fifths of 
this tolerance, or 2 percent, may be allowed for onions which are 
affected by decay or wet sunscald (see Sec.  51.2839.)
    (2) U.S. Commercial and U.S. No. 2 grades. (i) Not more than 5 
percent of the onions in a lot may be below the requirements of these 
grades, but not more than two-fifths of this tolerance, or 2 percent, 
may be allowed for onions which are affected by decay or wet sunscald. 
(See Sec.  51.2839.)
    (ii) [Reserved]
    (b) For off-size:
    (1) U.S. No. 1, U.S. No. 1 Boilers, U.S. Commercial, and U.S. No. 2 
grades. Not more than 5 percent of the onions in a lot may be below the 
specified minimum size, and not more than 10 percent may be above any 
specified maximum size. (See Sec.  51.2839.)
    (2) U.S. No. 1 Pickler grade. Not more than 10 percent of the onions 
in a lot may be above the maximum size specified for this grade. (See 
Sec.  51.2839.)

                Samples for Grade and Size Determination



Sec.  51.2838  Samples for grade and size determination.

    Individual samples shall consist of at least 20 pounds for onions 
packed to meet larger than 2\1/4\ inches maximum diameter. When 
individual packages contain 20 pounds or more and the onions are packed 
for Large or Jumbo size or larger the package shall be the sample. When 
individual packages contain less than 20 pounds, a sufficient number of 
adjoining packages are opened to provide at least a 20 pound sample, 
except that for onions packed to meet 2\1/4\ inches maximum diameter or 
smaller, the sample may consist of either 20 pounds or the individual 
package.

                        Application of Tolerances



Sec.  51.2839  Application of tolerances.

    Individual samples are subject to the following limitations:
    (a) Samples which contain more than 20 pounds shall have not more 
than one and one half times a specified tolerance of 10 percent or more, 
and not more than double a specified tolerance of less than 10 percent, 
except that at least one defective and one off-size onion may be 
permitted in any sample: Provided, that en-route or at destination when 
onions in containers of 50 pounds or more are packed to a minimum size 
of 3 inches or larger not more than three onions or more than 4 percent 
(whichever is the larger amount) may be affected by decay or wet 
sunscald: And provided further, that the averages for the entire lot are 
within the tolerances specified for the grade; and,
    (b) Samples which contain 20 pounds or less shall have not more than 
double the tolerance specified, except that at least one defective and 
one off-size onion may be permitted in any sample: Provided, that the 
averages for the entire lot are within the tolerances specified for the 
grade.

                       Export Packing Requirements



Sec.  51.2840  Export packing requirements.

    Onions specified as meeting Export Packing Requirements shall be 
packed in containers having a net capacity of 25 kilograms 
(approximately 56 pounds).

                               Definitions



Sec.  51.2841  Mature.

    Mature means well cured. Midseason onions which are not customarily 
held in storage shall be considered mature when harvested in accordance 
with good commercial practice at a stage which will not result in the 
onions becoming soft or spongy.

[[Page 474]]



Sec.  51.2842  Dormant.

    Dormant means that at least 90 percent of the onions in any lot show 
no evidence of growth as indicated by distinct elongation of the growing 
point or distinct yellow or green color in the tip of the growing point.



Sec.  51.2843  Fairly firm.

    Fairly firm means that the onion may yield slightly to moderate 
pressure but is not appreciably soft or spongy.



Sec.  51.2844  Fairly well shaped.

    Fairly well shaped means having the shape characteristic of the 
variety, but onions may be slightly off-type or slightly misshapen.



Sec.  51.2845  Wet sunscald.

    Wet sunscald means sunscald which is soft, mushy, sticky or wet.



Sec.  51.2846  Doubles.

    Doubles means onions which have developed more than one distinct 
bulb joined only at the base.



Sec.  51.2847  Bottlenecks.

    Bottlenecks are onions which have abnormally thick necks with only 
fairly well developed bulbs.



Sec.  51.2848  Scallions.

    Scallions are onions which have thick necks and relatively small and 
poorly developed bulbs.



Sec.  51.2849  Damage.

    Damage means any specific defect described in this section; or any 
equally objectionable variation of any one of these defects, any other 
defect, or any combination of defects, which materially detracts from 
the appearance, or the edible or marketing quality of the onions. The 
following specific defects shall be considered as damage:
    (a) Seedstems which are tough or woody, or which are more than \1/4\ 
inch in diameter;
    (b) Splits when onions with two or more hearts are not practically 
covered by one or more outer scales;
    (c) Tops when more than 30 percent of the onions in a lot have tops 
3 inches or more in length;
    (d) New roots when most roots on an individual onion have grown to a 
length of 1 inch or more in length;
    (e) Dry roots when more than 20 percent of the onions in a lot have 
practically all roots 2 inches or more in length;
    (f) Dry sunken areas when the affected areas exceed the equivalent 
to that of a circle \1/2\ inch in diameter on an onion 2\3/4\ inches in 
diameter which does not have the outer papery scale covering the 
affected areas or when the affected areas exceed the equivalent to that 
of a circle \3/4\ inch in diameter on an onion 2\3/4\ inches in diameter 
which has the outer papery scale covering the affected areas. 
Correspondingly lesser or greater areas are allowed on smaller or larger 
onions;
    (g) Sunburn when more than 33 percent of the onions in a lot have a 
medium green color on one-third of the surface;
    (h) Sprouts when visible, or when concealed within the dry top and 
more than \3/4\ inch in length on an onion 2 inches or larger in 
diameter, or proportionately shorter on smaller onions;
    (i) Peeling when more than one-half of the thin papery skin is 
missing, leaving the underlying fleshy scale unprotected;
    (j) Cracked fleshy scales when one or more of the fleshy scales are 
cracked;
    (k) Watery scales when more than the equivalent of the entire outer 
fleshy scale is affected by an off-color, watersoaked condition. The 
off-color must be of some shade of brown or yellow;
    (l) Dirt, staining or other foreign matter when more than 20 percent 
of the onions in a yellow, brown or red lot, or more than 15 percent of 
the onions in a white lot are appreciably stained. Onions with adhering 
dirt or other foreign matter shall be judged on the same basis as 
stained onions;
    (m) Mechanical when any cut extends deeper than one fleshy scale, or 
when any bruise breaks a fleshy scale; and,
    (n) Translucent scales when more than the equivalent of two entire 
outer fleshy scales have a watersoaked condition.

[[Page 475]]



Sec.  51.2850  Diameter.

    Diameter means the greatest dimension measured at right angles to a 
straight line running from the stem to the root.



Sec.  51.2851  Badly misshapen.

    Badly misshapen means that the onion is so misshapen that its 
appearance is seriously affected.



Sec.  51.2852  Serious damage.

    Serious damage means any specific defect described in this section; 
or any equally objectionable variation of any one of these defects, any 
other defect, or any combination of defects, which seriously detracts 
from the appearance, or the edible or marketing quality of the onions. 
The following specific defects shall be considered as serious damage:
    (a) Watery scales when more than the equivalent of two entire outer 
fleshy scales are affected by an off-colored, watersoaked condition. The 
off-color must be of some shade of brown or yellow;
    (b) Dirt, staining or other foreign matter when more than 25 percent 
of the onions in a lot are badly stained. Onions with adhering dirt or 
other foreign matter shall be judged on the same basis as stained 
onions;
    (c) Seedstems when more than \1/2\ inch in diameter;
    (d) Sprouts when the visible length is more than \1/2\ inch;
    (e) Mechanical when any cut extends deeper than two fleshy scales, 
or when cuts seriously damage the appearance of the onion; and,
    (f) Dry sunken areas when extending deeper than one fleshy scale, or 
when affecting an area equivalent to that of a circle 1 inch in diameter 
on an onion 2\3/4\ inches in diameter, or correspondingly lesser or 
greater areas on smaller or larger onions.



Sec.  51.2853  One type.

    One type means that the onions are within the same general color 
category.

                         Metric Conversion Table



Sec.  51.2854  Metric conversion table.

------------------------------------------------------------------------
                                                             Millimeters
                           Inches                                (mm)
------------------------------------------------------------------------
\1/8\......................................................          3.2
\1/4\......................................................          6.4
\3/8\......................................................          9.5
\1/2\......................................................         12.7
\5/8\......................................................         15.9
\3/4\......................................................         19.1
\7/8\......................................................         22.2
1..........................................................         25.4
1\1/4\.....................................................         31.8
1\1/2\.....................................................         38.1
1\3/4\.....................................................         44.5
2..........................................................         50.8
2\1/2\.....................................................         63.5
2\3/4\.....................................................         69.9
3..........................................................         76.2
3\1/2\.....................................................         88.9
4..........................................................        101.6
------------------------------------------------------------------------



   Subpart_United States Standards for Grades of Walnuts in the Shell

    Source: 29 FR 12865, Sept. 12, 1964, unless otherwise noted. 
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 
46 FR 63203, Dec. 31, 1981.

                                 General



Sec.  51.2945  Application.

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



Sec.  51.2946  [Reserved]



Sec.  51.2947  Method of inspection.

    In determining the grade of a lot of walnuts, all of the nuts in the 
sample first should be graded for size and then examined for external 
defects. The same nuts then should be cracked and examined for internal 
defects. The nuts must meet the requirements for both external and 
internal quality in order to meet a designated grade.

                                 Grades



Sec.  51.2948  U.S. No. 1.

    ``U.S. No. 1'' consists of walnuts in shells which are dry, 
practically clean, bright and free from splits, injury by discoloration, 
and free from damage caused by broken shells, perforated

[[Page 476]]

shells, adhering hulls or other means. The kernels are well dried, free 
from decay, dark discoloration, rancidity, and free from damage caused 
by mold, shriveling, insects or other means. (See Sec.  51.2954.)
    (a) Kernel color shall be specified in connection with this grade in 
terms of ``extra light,'' ``light,'' ``light amber,'' or ``amber'' from 
the USDA Walnut Color Chart or in terms of ``red'' color. The color 
classifications in the USDA Walnut Color Chart shall not apply to 
``red'' color. Furthermore, ``red'' color shall not be mixed with 
``extra light,'' ``light,'' ``light amber,'' or ``amber'' colors. When 
kernel color is based on the color classifications from the USDA Walnut 
Color Chart, at least 70 percent, by count, of the walnuts have kernels 
which are not darker than ``light amber,'' and which are free from grade 
defects: Provided, That at least four-sevenths of the above amount, or 
40 percent of the walnuts have kernels which are not darker than 
``light.'' Higher percentages of nuts with kernels not darker than 
``light amber'' which are free from grade defects and/or higher 
percentages with kernels not darker than ``light'' which are free from 
grade defects, may be specified in accordance with the facts. (See Sec.  
51.2954.)
    (b) Size shall be specified in connection with the grade. (See Sec.  
51.2952.)

[29 FR 12865, Sept. 12, 1964. Redesignated at 42 FR 32514, June 27, 
1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended 
at 82 FR 39657, Aug. 22, 2017]



Sec.  51.2949  U.S. No. 2.

    ``U.S. No. 2'' consists of walnuts in shells which are dry, 
practically clean and free from splits, and free from damage caused by 
broken shells, perforated shells, adhering hulls, discoloration or other 
means. The kernels are well dried, free from decay, dark discoloration, 
rancidity, and free from damage caused by mold, shriveling, insects or 
other means. (See Sec.  51.2954.)
    (a) Kernel color shall be specified in connection with this grade in 
terms of ``extra light,'' ``light,'' ``light amber,'' or ``amber'' from 
the USDA Walnut Color Chart or in terms of ``red'' color. The color 
classifications in the USDA Walnut Color Chart shall not apply to 
``red'' color. Furthermore, ``red'' color shall not be mixed with 
``extra light,'' ``light,'' ``light amber,'' or ``amber'' colors. When 
kernel color is based on the color classifications from the USDA Walnut 
Color Chart, at least 60 percent, by count, of the walnuts have kernels 
which are not darker than ``light amber,'' and which are free from grade 
defects. Higher percentages of nuts with kernels not darker than ``light 
amber'' which are free from grade defects, and/or percentages with 
kernels not darker than ``light'' which are free from grade defects, may 
be specified in accordance with the facts. (See Sec.  51.2954.)
    (b) Size shall be specified in connection with the grade. (See Sec.  
51.2952.)

[29 FR 12865, Sept. 12, 1964. Redesignated at 42 FR 32514, June 27, 
1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended 
at 82 FR 39657, Aug. 22, 2017]



Sec.  51.2950  U.S. No. 3.

    ``U.S. No. 3'' consists of walnuts in shells which are dry, fairly 
clean, free from splits, and free from damage caused by broken shells, 
and free from serious damage caused by discoloration, perforated shells, 
adhering hulls or other means. The kernels are well dried, free from 
decay, dark discoloration, rancidity, and free from damage caused by 
mold, shriveling, insects or other means. (See Sec.  51.2954.)
    (a) Kernel color may be specified in connection with this grade in 
terms of ``light amber'' or ``light'' from the USDA Walnut Color Chart 
or in terms of ``red'' color. The color classifications in the USDA 
Walnut Color Chart shall not apply to ``red'' color. Furthermore, 
``red'' color shall not be mixed with ``extra light,'' ``light,'' 
``light amber,'' or ``amber'' colors. When kernel color is based on the 
color classifications from the USDA Walnut Color Chart, there is no 
requirement in this grade for the percentage of walnuts having kernels 
which are ``light amber'' or ``light.'' However, the percentage, by 
count, of nuts with kernels not darker than ``light amber'' which are 
free from grade defects and/or the percentage with kernels not darker 
than ``light'' which are free from grade defects, may be specified in 
accordance with the facts. (See Sec.  51.2954.)

[[Page 477]]

    (b) Size shall be specified in connection with the grade. (See Sec.  
51.2952.)

[29 FR 12865, Sept. 12, 1964. Redesignated at 42 FR 32514, June 27, 
1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended 
at 82 FR 39657, Aug. 22, 2017]

                              Unclassified



Sec.  51.2951  [Reserved]

                           Size Specifications



Sec.  51.2952  Size specifications.

    Size shall be specified in accordance with the facts in terms of one 
of the following classifications:
    (a) Mammoth size. Mammoth size means walnuts of which not over 12 
percent, by count, pass through a round opening \96/64\ inches in 
diameter;
    (b) Jumbo size. Jumbo size means walnuts of which not over 12 
percent, by count, pass through a round opening \80/64\ inches in 
diameter;
    (c) Large size. Large size means walnuts of which not over 12 
percent, by count, pass through a round opening \77/64\ inches in 
diameter; except that for walnuts of the Eureka variety and type, such 
limiting dimension as to diameter shall be \76/64\ inches;
    (d) Medium size. Medium size means walnuts of which at least 88 
percent, by count, pass through a round opening \77/64\ inches in 
diameter, and of which not over 12 percent, by count, pass through a 
round opening \73/64\ inches in diameter;
    (e) Standard size. Standard size means walnuts of which not over 12 
percent, by count, pass through a round opening \73/64\ inches in 
diameter;
    (f) Baby size. Baby size means walnuts of which at least 88 percent, 
by count, pass through a round opening \74/64\ inches in diameter, and 
of which not over 10 percent, by count, pass through a round opening 
\60/64\ inch in diameter; and,
    (g) Minimum diameter, or minimum and maximum diameter. In lieu of 
one of the foregoing classifications, size of walnuts may be specified 
in terms of minimum diameter, or minimum and maximum diameter: Provided, 
That not more than 12 percent, by count, pass through a round hole of 
the specified minimum diameter, and at least 88 percent, by count, pass 
through a round hole of any specified maximum diameter.

                     Variety or Type Specifications



Sec.  51.2953  Variety or type specifications.

    The variety or type of any lot, of walnuts in the shell may be 
specified in accordance with the facts as follows:
    (a) If the lot is of one named variety, that variety name may be 
specified, Provided, That not over 10 percent, by count, of the walnuts 
in the lot are of another variety or type than that specified; and,
    (b) If the lot is a mixture of two or more distinct varieties or 
types it may be specified as ``Mixed Varieties''.

                      Tolerances for Grade Defects



Sec.  51.2954  Tolerances for grade defects.

    In order to allow for variations incident to proper grading and 
handling, the following tolerances shall be permitted for nuts which 
fail to meet the requirements of the respective grades as indicated. 
Terms in quotation marks refer to color classifications illustrated on 
the color chart.

                                          Tolerances for Grade Defects
----------------------------------------------------------------------------------------------------------------
                                                                          Kernel color
                                  External (shell)  Internal (kernel)    based on USDA     Kernel color based on
             Grade                    defects            defects          Walnut Color              red
                                                                             Chart
----------------------------------------------------------------------------------------------------------------
U.S. No. 1.....................  10%, by count,     10% total, by      No tolerance to
                                  for splits. 5%,    count, including   reduce the
                                  by count, for      not more than 6%   required 70% of
                                  other shell        which are          ``light amber''
                                  defects,           damaged by mold    kernels or the
                                  including not      or insects or      required 40% of
                                  more than 3%       seriously          ``light''
                                  seriously          damaged by other   kernels or any
                                  damaged.           means, of which    larger
                                                     not more than \5/  percentage of
                                                     6\ or 5% may be    ``light amber''
                                                     damaged by         or ``light''
                                                     insects, but no    kernels
                                                     part of any        specified.
                                                     tolerance shall
                                                     be allowed for
                                                     walnuts
                                                     containing live
                                                     insects.

[[Page 478]]

 
U.S. No. 2.....................  10%, by count,     15% total, by      No tolerance to
                                  for splits. 10%,   count, including   reduce the
                                  by count, for      not more than 8%   required 60% or
                                  other shell        which are          any specified
                                  defects,           damaged by mold    larger
                                  including not      or insects or      percentage of
                                  more than 5%       seriously          ``light amber''
                                  serious damage     damaged by other   kernels, or any
                                  by adhering        means, of which    specified
                                  hulls.             not more than 5/   percentage of
                                                     8 or 5% may be     ``light''
                                                     damaged by         kernels.
                                                     insects, but no
                                                     part of any
                                                     tolerance shall
                                                     be allowed for
                                                     walnuts
                                                     containing live
                                                     insects.
U.S. No. 3.....................  Same as above      Same as above      No tolerance to    ......................
                                  tolerance for      tolerance for      reduce any
                                  U.S. No. 2.        U.S. No. 2.        percentage of
                                                                        ``light amber''
                                                                        or ``light''
                                                                        kernel specified.
----------------------------------------------------------------------------------------------------------------


[41 FR 44187, Oct. 7, 1976. Redesignated at 42 FR 32514, June 27, 1977, 
and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 82 
FR 39658, Aug. 22, 2017]

                        Application of Tolerances



Sec.  51.2955  Application of tolerances.

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

                               Definitions



Sec.  51.2956  Practically clean.

    Practically clean means that, from the viewpoint of general 
appearance, the walnuts are practically free from adhering dirt or other 
foreign matter, and that individual walnuts are not damaged by such 
means. A slightly chalky deposit on the shell is characteristic of many 
bleached nuts and shall not be considered as dirt or foreign matter.



Sec.  51.2957  Bright.

    Bright means a fairly light, attractive appearance. A slight chalky 
deposit on the shell shall not be considered as affecting brightness.



Sec.  51.2958  Splits.

    Splits means walnuts with the seam opened completely around the nut 
so that the two halves of the shell are held together only by the 
kernel.



Sec.  51.2959  Injury by discoloration.

    Injury by discoloration means that the color of the affected portion 
of the shell objectionably contrasts with the color of the rest of the 
shell of the individual nut.



Sec.  51.2960  Damage.

    Damage means any specific defect mentioned in this section; or any 
equally objectionable variation of any one of these defects, any other 
defect, or any combination of defects which materially detracts from the 
appearance or the edible or shipping quality of the individual walnut or 
the lot as a whole. The following specific defects shall be considered 
as damage:
    (a) Broken shells when the area from which a portion of the shell is 
missing is greater than the area of a circle one-fourth inch in 
diameter; or when the two halves of the shell have become completely 
broken apart and separated from each other;
    (b) Perforated shells when the area affected aggregates more than 
that of a circle one-fourth inch in diameter. The term ``perforated 
shells'' means imperfectly developed areas on the shell resembling 
abrasions and usually including small holes penetrating the shell wall;

[[Page 479]]

    (c) Adhering hulls when affecting more than 5 percent of the shell 
surface;
    (d) Discoloration (or stain) which covers, in the aggregate, one-
fifth or more of the surface of the shell of an individual nut, and 
which is brown, reddish brown, gray, or other color in pronounced 
contrast with the color of the rest of the shell or the majority of 
shells in the lot, or darker discoloration covering a smaller area if 
the appearance is equally objectionable;
    (e) Mold when attached to the kernel and conspicuous; or when 
inconspicuous white or gray mold affects an aggregate area larger than 
one square centimeter or one-eighth of the entire surface of the kernel, 
whichever is the lesser area;
    (f) Shriveling when more than 5 percent of the surface of the 
kernel, including both halves, is severely shriveled, or a greater area 
is affected by lesser degrees of shriveling producing an equally 
objectionable appearance. Kernels which are thin in cross section but 
which are otherwise normally developed shall not be considered as 
damaged; and,
    (g) Insects when an insect or insect fragment, web or frass is 
present inside the shell, or the kernel shows distinct evidence of 
insect feeding.



Sec.  51.2961  Well dried.

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



Sec.  51.2962  Decay.

    Decay means that any portion of the kernel is decomposed.



Sec.  51.2963  Dark discoloration.

    Dark discoloration means that the color of the skin of the kernel is 
darker than ``amber''. (See color chart.)



Sec.  51.2964  Rancidity.

    Rancidity means the stage of deterioration in which the kernel has 
developed a rancid flavor. Rancidity should not be confused with a 
slightly astringent flavor of the pellicle (skin) or with staleness, the 
stage at which the flavor is flat but not distasteful.



Sec.  51.2965  Fairly clean.

    Fairly clean means that, from the viewpoint of general appearance, 
the lot is not seriously damaged by adhering dirt or other foreign 
matter, and that individual walnuts are not coated or caked with dirt or 
foreign matter. Both the amount of surface affected and the color of the 
dirt shall be taken into consideration.



Sec.  51.2966  Serious damage.

    Serious damage means any specific defect mentioned in this section; 
or an equally objectionable variation of any one of these defects, any 
other defect, or any combination of defects which seriously detracts 
from the appearance or the edible or shipping quality of the walnut. The 
following specific defects shall be considered as serious damage:
    (a) Discoloration (or stain) which covers, in the aggregate, one-
third or more of the surface of the shell of an individual nut and which 
is brown, reddish brown, gray, or other color in pronounced contrast 
with the color of the rest of the shell or the majority of shells in the 
lot, or darker discoloration covering a smaller area if the appearance 
is equally objectionable;
    (b) Perforated shells when the area affected aggregates more than 
that of a circle three-eighths of an inch in diameter. The term 
``perforated shells'' means imperfectly developed areas on the shell 
resembling abrasions and usually including small holes penetrating the 
shell wall;
    (c) Adhering hulls when affecting more than one-eighth of the shell 
surface in the aggregate;
    (d) Shriveling when both halves of the kernel are affected by severe 
shriveling over an area totaling more than one-eighth of the surface; or 
when both halves are affected over a greater area by lesser degrees of 
shriveling producing an equally objectionable appearance. When one of 
the halves of the kernel shows no shriveling, the kernel shall not be 
considered seriously damaged unless the other half shows shriveling to 
the extent that over 50 percent of its surface is severely shriveled, or 
a greater area is affected by lesser degrees of shriveling producing an 
equally objectionable appearance. Kernels which are thin in cross 
section, but

[[Page 480]]

which are otherwise normally developed shall not be considered as 
damaged;
    (e) Rancidity or decay; and,
    (f) Uncured kernels which are wet, rubbery and ``green''.



          Subpart_United States Standards for Florida Avocados

    Source: 22 FR 6205, Aug. 3, 1957, unless otherwise noted. 
Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 
46 FR 63203, Dec. 31, 1981.

                                 Grades



Sec.  51.3050  U.S. No. 1.

    ``U.S. No. 1'' consists of avocados of similar varietal 
characteristics which are mature but not overripe, well formed, clean, 
well colored, well trimmed and which are free from decay, anthracnose, 
and freezing injury and are free from damage caused by bruises, cuts or 
other skin breaks, pulled stems, russeting or similar discoloration, 
scars or scab, sunburn, sunscald or sprayburn, cercospora spot, other 
disease, insects, or mechanical or other means.
    (a) Tolerances. In order to allow for variations incident to proper 
grading and handling, not more than a total of 10 percent, by count, of 
the avocados in any lot may fail to meet the requirements of this grade: 
Provided, That not more than one-half of this amount, or 5 percent, 
shall be allowed for avocados affected by decay or anthracnose, 
including therein not more than 1 percent for avocados affected by 
decay. (See Sec. Sec.  51.3055 and 51.3056.)



Sec.  51.3051  U.S. Combination.

    ``U.S. Combination'' consists of a combination of U.S. No. 1 and 
U.S. No. 2 avocados: Provided, That at least 60 percent, by count, of 
the avocados in each container meet the requirements of the U.S. No. 1 
grade.
    (a) Tolerances. In order to allow for variations incident to proper 
grading and handling, not more than a total of 10 percent, by count, of 
the avocados in any lot may fail to meet the requirements of the U.S. 
No. 2 grade: Provided, That not more than one-half of this amount, or 5 
percent, shall be allowed for avocados affected by decay or seriously 
damaged by anthracnose, including therein not more than 1 percent for 
avocados affected by decay. No part of any tolerance shall be allowed to 
reduce for the lot as a whole the percentage of U.S. No. 1 fruit 
required or specified in the combination, but individual containers may 
have not more than 10 percent less than the percentage of U.S. No. 1 
fruit required or specified. (See Sec. Sec.  51.3055 and 51.3056.)



Sec.  51.3052  U.S. No. 2.

    ``U.S. No. 2'' consists of avocados of similar varietal 
characteristics which are mature but not overripe, fairly well formed, 
clean, fairly well colored, well trimmed and which are free from decay 
and freezing injury and are free from serious damage caused by 
anthracnose, bruises, cuts or other skin breaks, pulled stems, russeting 
or similar discoloration, scars or scab, sunburn, sunscald or sprayburn, 
cercospora spot, other disease, insects, or mechanical or other means.
    (a) Tolerances. In order to allow for variations incident to proper 
grading and handling, not more than a total of 10 percent, by count, of 
the avocados in any lot may fail to meet the requirements of this grade: 
Provided, That not more than one-half of this amount, or 5 percent, 
shall be allowed for avocados affected by decay or seriously damaged by 
anthracnose, including therein not more than 1 percent for avocados 
affected by decay. (See Sec. Sec.  51.3055 and 51.3056.)



Sec.  51.3053  U.S. No. 3.

    ``U.S. No. 3'' consists of avocados of similar varietal 
characteristics which are mature but not overripe, which are not badly 
misshapen, and which are free from decay and are free from serious 
damage caused by anthracnose and are free from very serious damage 
caused by freezing injury, bruises, cuts or other skin breaks, pulled 
stems, russeting or similar discoloration, scars or scab, sunburn, 
sunscald or sprayburn, cercospora spot, other disease, insects, dirt or 
mechanical or other means.
    (a) Tolerances. In order to allow for variations incident to proper 
grading and handling, not more than a total of

[[Page 481]]

10 percent, by count, of the avocados in any lot may fail to meet the 
requirements of this grade, including therein not more than 2 percent 
for avocados affected by decay. (See Sec. Sec.  51.3055 and 51.3056.)

                              Unclassified



Sec.  51.3054  Unclassified.

    ``Unclassified'' consists of avocados which have not been classified 
in accordance with any of the foregoing grades. The term 
``unclassified'' is not a grade within the meaning of these standards, 
but is provided as a designation to show that no grade has been applied 
to the lot.

                              Standard Pack



Sec.  51.3055  Standard pack.

    (a) The avocados shall be packed in accordance with good commercial 
practice and the pack shall be at least fairly tight. The weight of the 
smallest fruit in any container shall be not less than 75 percent of the 
weight of the largest fruit in the container. Size of the avocados may 
be specified by count.
    (b) In order to allow for variations incident to proper sizing and 
packing, not more than 5 percent, by count, of the avocados in any 
container may weigh less than 75 percent of the weight of the largest 
fruit: Provided, That no fruit in any container shall weigh less than 60 
percent of the weight of the largest fruit in the container. In 
addition, not more than 5 percent of the containers in any lot may fail 
to meet the requirement as to tightness of pack.

                        Application of Tolerances



Sec.  51.3056  Application of tolerances.

    (a) The contents of individual packages in the lot, based on sample 
inspection, are subject to the following limitations: Provided, That the 
averages for the entire lot are within the tolerances specified for the 
grade:
    (1) For packages which contain more than 20 avocados and a tolerance 
of 10 percent or more is provided, individual packages in any lot shall 
have not more than one and one-half times the tolerance specified. For 
packages which contain more than 20 avocados and a tolerance of less 
than 10 percent is provided, individual packages in any lot shall have 
not more than double the tolerance specified, except that at least one 
defective and one off-size specimen may be permitted in any package; 
and,
    (2) For packages which contain 20 avocados or less, individual 
packages shall have not more than double the tolerance specified, except 
that at least one defective and one off-size specimen may be permitted 
in any package.

                               Definitions



Sec.  51.3057  Similar varietal characteristics.

    Similar varietal characteristics means that the avocados in any 
container are similar in shape, texture, and color of skin and flesh.



Sec.  51.3058  Mature.

    Mature means that the avocado has reached a stage of growth which 
will insure a proper completion of the ripening process.



Sec.  51.3059  Overripe.

    Overripe means that the avocado is dead ripe with flesh soft or 
discolored and past commercial use.



Sec.  51.3060  Well formed.

    Well formed means that the avocado has the normal shape 
characteristic of the variety.



Sec.  51.3061  Clean.

    Clean means that the avocado is practically free from dirt, staining 
or other foreign material.



Sec.  51.3062  Well colored.

    Well colored means that the avocado has the color characteristic of 
the variety.



Sec.  51.3063  Well trimmed.

    Well trimmed means that the stem, when present, is cut off fairly 
smoothly at a point not more than one-fourth inch beyond the shoulder of 
the avocado.



Sec.  51.3064  Damage.

    Damage means any defect which materially affects the appearance, or 
the

[[Page 482]]

edible or shipping quality of the individual fruit, or the general 
appearance of the avocados in the container. Any one of the following 
defects, or any combination of defects the seriousness of which exceeds 
the maximum allowed for any one defect, shall be considered as damage:
    (a) Cuts or other skin breaks when not healed and penetrating 
beneath the epidermis or the aggregate area exceeds that of a rectangle 
1 inch in length and one-eighth inch in width, or when healed and the 
appearance is materially affected;
    (b) Pulled stems when the exposed stem cavity is excessively deep, 
or when skin surrounding the stem cavity is more than slightly torn;
    (c) Russeting or similar discoloration when the appearance of the 
avocado is affected to a greater extent than that of an avocado which 
has light brown surface discoloration aggregating 10 percent of the 
fruit surface;
    (d) Scars or scab when the appearance of the avocado is affected to 
a greater extent than that of an avocado which has light brown 
superficial, fairly smooth scars aggregating 10 percent of the fruit 
surface;
    (e) Sunburn when the appearance of the avocado is affected to a 
greater extent than that of an avocado which has greenish-yellow colored 
sunburn aggregating 10 percent of the fruit surface; and,
    (f) Sunscald or sprayburn when not well healed, or when soft, or 
when the appearance of the avocado is affected to a greater extent than 
that of an avocado which has light brown, superficial scars aggregating 
10 percent of the fruit surface.



Sec.  51.3065  Fairly well formed.

    Fairly well formed means that the avocado may be slightly abnormal 
in shape but not to the extent that the appearance is seriously 
affected.



Sec.  51.3066  Fairly well colored.

    Fairly well colored means that the avocado shows a shade of color 
which is fairly characteristic of the variety.



Sec.  51.3067  Serious damage.

    Serious damage means any defect which seriously affects the 
appearance, or the edible or shipping quality of the individual fruit, 
or the general appearance of the avocados in the container. Any one of 
the following defects, or any combination of defects the seriousness of 
which exceeds the maximum allowed for any one defect, shall be 
considered as serious damage:
    (a) Anthracnose when any spot exceeds the area of a circle one-
fourth inch in diameter, or when more than 3 spots each of which exceeds 
the area of a circle three-sixteenths inch in diameter;
    (b) Cuts or other skin breaks when not healed and penetrating into 
the flesh of the fruit, or the aggregate area exceeds that of a 
rectangle 1 inch in length and one-fourth inch in width, or when healed 
and the appearance is seriously affected;
    (c) Pulled stems when the skin surrounding the exposed stem cavity 
is torn more than an aggregate area of a circle one-fourth inch in 
diameter, or when the flesh is torn;
    (d) Russeting or similar discoloration when the appearance of the 
avocado is affected to a greater extent than that of an avocado which 
has light brown surface discoloration aggregating 25 percent of the 
fruit surface;
    (e) Scars or scab when the appearance of the avocado is affected to 
a greater extent than that of an avocado which has light brown 
superficial fairly smooth scars aggregating 25 percent of the fruit 
surface;
    (f) Sunburn when the appearance of the avocado is affected to a 
greater extent than that of an avocado which has greenish-yellow colored 
sunburn aggregating 25 percent of the fruit surface;
    (g) Sunscald or sprayburn when not well healed, or when soft, or 
when the appearance of the avocado is affected to a greater extent than 
that of an avocado which has light brown superficial, fairly smooth 
scars aggregating 25 percent of the fruit surface; and
    (h) Cercospora spot when any spot exceeds the area of a circle one-
fourth inch in diameter, or when more than 3 spots each of which exceeds 
the area of a circle three-sixteenths inch in diameter, or when the 
aggregate area of all spots exceeds the area of a circle 1 inch in 
diameter.

[[Page 483]]



Sec.  51.3068  Badly misshapen.

    Badly misshapen means that the avocado is so badly curved, 
constricted, pointed or otherwise deformed that the appearance is very 
seriously affected.



Sec.  51.3069  Very serious damage.

    Very serious damage means any defect which very seriously affects 
the appearance, or the edible or shipping quality of the avocado. Any 
one of the following defects, or any combination of defects the 
seriousness of which exceeds the maximum allowed for any one defect, 
shall be considered as very serious damage:
    (a) Cuts or other skin breaks when not healed and penetrating into 
the flesh of the fruit, or any skin break very seriously affecting the 
appearance, or the edible or shipping quality;
    (b) Pulled stems when the skin surrounding the exposed stem cavity 
is torn more than an aggregate area of a circle one-half inch in 
diameter, or when the flesh is torn;
    (c) Russeting or similar discoloration when the appearance of the 
avocado is affected to a greater extent than that of an avocado which 
has light brown surface discoloration aggregating 50 percent of the 
fruit surface;
    (d) Scars or scab when the appearance of the avocado is affected to 
a greater extent than that of an avocado which has light brown 
superficial, fairly smooth scars aggregating 50 percent of the fruit 
surface;
    (e) Sunburn when the appearance of the avocado is affected to a 
greater extent than that of an avocado which has greenish-yellow colored 
sunburn aggregating 50 percent of the fruit surface; and,
    (f) Sunscald or sprayburn when not well healed, or when the 
appearance of the avocado is affected to a greater extent than that of 
an avocado which has light brown superficial, fairly smooth scars 
aggregating 50 percent of the fruit surface.



Subpart_United States Standards for Grades of Bermuda-Granex-Grano Type 
                                 Onions

    Source: 60 FR 46980, Sept. 8, 1995, unless otherwise noted.

                                 Grades



Sec.  51.3195  U.S. No. 1.

    U.S. No. 1 consists of onions which meet the following requirements:
    (a) Basic requirements:
    (1) Similar varietal characteristics, except color when designated 
as a specialty or mixed pack;
    (2) Mature;
    (3) Fairly firm; and,
    (4) Fairly well shaped.
    (b) Free from:
    (1) Decay;
    (2) Wet sunscald;
    (3) Doubles; and,
    (4) Bottlenecks.
    (c) Free from damage caused by:
    (1) Seedstems;
    (2) Splits;
    (3) Dry sunken areas;
    (4) Sunburn;
    (5) Sprouting;
    (6) Staining;
    (7) Dirt or foreign material;
    (8) Mechanical;
    (9) Tops;
    (10) Roots;
    (11) Translucent scales;
    (12) Watery scales;
    (13) Moisture;
    (14) Disease;
    (15) Insects; and,
    (16) Other means.
    (d) For size and tolerances see Sec. Sec.  51.3198 and 51.3199.

[60 FR 46980, Sept. 8, 1995, as amended at 79 FR 63294, Oct. 23, 2014]



Sec.  51.3196  U.S. Combination.

    U.S. Combination consists of a combination of U.S. No. 1 and U.S. 
No. 2 onions: Provided, That at least 50 percent, by weight, of the 
onions in each lot meet the requirements of U.S. No. 1 grade. (See 
Sec. Sec.  51.3198 and 51.3199.)



Sec.  51.3197  U.S. No. 2.

    U.S. No. 2 consists of onions which meet the following requirements:
    (a) Basic requirements:
    (1) Similar varietal characteristics, except color when designated 
as a specialty or mixed pack;
    (2) Not soft or spongy.
    (b) Free from:
    (1) Decay;
    (2) Wet sunscald; and,
    (3) Bottlenecks.

[[Page 484]]

    (c) Free from serious damage caused by:
    (1) Seedstems;
    (2) Dry sunken areas;
    (3) Sprouting;
    (4) Staining;
    (5) Dirt or other foreign material;
    (6) Mechanical;
    (7) Watery scales;
    (8) Insects;
    (9) Disease; and,
    (10) Other means.
    (d) For size and tolerances see Sec. Sec.  51.3198 and 51.3199.

[60 FR 46980, Sept. 8, 1995, as amended at 79 FR 63295, Oct. 23, 2014]

                          Size Classifications



Sec.  51.3198  Size classifications.

    Size shall be specified in connection with the grade in terms of 
minimum diameter, range in diameter, minimum diameter with a percentage 
of a certain size or larger, or in accordance with one of the size 
classifications listed below: Provided, that unless otherwise specified, 
onions shall not be less than 1\1/2\ inches in diameter, with 60 percent 
or more 2 inches or larger in diameter.

----------------------------------------------------------------------------------------------------------------
                                                                  Minimum diameter          Maximum diameter
                      Size designation                       ---------------------------------------------------
                                                                 Inches    Millimeters     Inches    Millimeters
----------------------------------------------------------------------------------------------------------------
Small.......................................................            1         25.4       2\1/4\         57.2
Repacker/Prepacker \1\......................................       1\3/4\         44.5            3         76.2
Medium......................................................            2         50.8       3\1/4\         82.6
Large or Jumbo..............................................            3         76.2        (\2\)
Colossal....................................................       3\3/4\         95.3        (\2\)
----------------------------------------------------------------------------------------------------------------
\1\ In addition to the sizes specified, a lot of onions designated as Repacker or Prepacker shall contain at
  least 60 percent or more 2 inches or larger in diameter.
\2\ No requirement.

                               Tolerances



Sec.  51.3199  Tolerances.

    In order to allow for variations incident to proper grading and 
handling in each of the foregoing grades the following tolerances, by 
weight, are provided as specified:
    (a) For defects:
    (1) U.S. No. 1 and U.S. No. 2 grades. Not more than 10 percent of 
the onions in a lot may fail to meet the requirements of these grades, 
but not more than one-fifth of this tolerance, or 2 percent, may be 
allowed for onions which are affected by decay or wet sunscald.
    (2) U.S. Combination grade. When applying the foregoing tolerances 
to this grade no part of any tolerance shall be allowed to reduce, for 
the lot as a whole, the 50 percent of onions of the U.S. No. 1 grade, 
but individual containers shall have not less than 40 percent of the 
U.S. No. 1 grade.
    (b) For size:
    (1) Not more than 5 percent of the onions in a lot may be smaller 
than the minimum diameter specified. In addition, not more than 10 
percent of the onions in a lot may be larger than the maximum diameter 
specified.
    (2) When a percentage of the onions is specified to be a certain 
size and larger, individual packages containing more than 10 pounds may 
have not less than one-half of the percentage specified: Provided, that 
the entire lot averages within the percentage specified.

                Samples for Grade and Size Determination



Sec.  51.3200  Samples for grade and size determination.

    Individual samples shall consist of at least 20 pounds for onions 
packed to meet larger than 2\1/4\ inches maximum diameter. When 
individual packages contain 20 pounds or more and the onions are packed 
for Large or Jumbo size or larger the package shall be the sample. When 
individual packages contain less than 20 pounds, a sufficient number of 
adjoining packages are opened to provide at least a 20 pound sample, 
except that for onions packed to meet 2\1/4\ inches maximum diameter or 
smaller, the sample may consist of either 20 pounds or the individual 
package.

[[Page 485]]

                        Application of Tolerances



Sec.  51.3201  Application of tolerances.

    Individual samples are subject to the following limitations:
    (a) Samples which contain more than 20 pounds shall have not more 
than one and one half times a specified tolerance of 10 percent or more, 
and not more than double a specified tolerance of less than 10 percent, 
except that at least one defective and one off-size onion may be 
permitted in any sample: Provided, that en-route or at destination when 
onions in containers of 50 pounds or more are packed to a minimum size 
of 3 inches or larger not more than three onions or more than 4 percent 
(whichever is the larger amount) may be affected by decay or wet 
sunscald: And provided further, that the averages for the entire lot are 
within the tolerances specified for the grade; and,
    (b) Samples which contain 20 pounds or less shall have not more than 
double the tolerance specified, except that at least one defective and 
one off-size onion may be permitted in any sample: Provided, that the 
averages for the entire lot are within the tolerances specified for the 
grade.

                               Definitions



Sec.  51.3202  Similar varietal characteristics.

    Similar varietal characteristics means that the onions in any 
container are similar in color, shape and character of growth.



Sec.  51.3203  Mature.

    Mature means that the onion is fairly well cured, and at least 
fairly firm.



Sec.  51.3204  Fairly firm.

    Fairly firm means that the onion may yield slightly to moderate 
pressure but is not appreciably soft or spongy.



Sec.  51.3205  Fairly well shaped.

    Fairly well shaped means that the onion shows the characteristic 
shape, not appreciably three-, four- or five-sided, thick necked or 
badly pinched.



Sec.  51.3206  Wet sunscald.

    Wet sunscald means any sunscald which is soft, mushy, sticky or wet.



Sec.  51.3207  Doubles.

    Doubles means onions which have developed more than one distinct 
bulb joined only at the base.



Sec.  51.3208  Bottlenecks.

    Bottlenecks means onions which have abnormally thick necks with only 
fairly well developed bulbs.



Sec.  51.3209  Damage.

    Damage unless otherwise specifically defined in this section, means 
any defect which materially affects the appearance, or the edible or 
shipping quality of the onions. Any one of the following defects, or 
combination of defects the seriousness of which exceeds the maximum 
allowed for any one defect, shall be considered as damage:
    (a) Seedstems which are tough or woody, or which are more than \1/4\ 
inch in diameter;
    (b) Splits when well cured onions are not practically covered by an 
outer scale, or when fairly well cured onions are not completely covered 
by one outer scale;
    (c) Dry sunken areas when the affected areas exceed the equivalent 
to that of a circle \1/2\ inch in diameter on an onion 2\3/4\ inches in 
diameter which does not have the outer papery scale covering the 
affected areas or when the affected areas exceed the equivalent to that 
of a circle \3/4\ inch in diameter on an onion 2\3/4\ inches in diameter 
which has the outer papery scale covering the affected areas. 
Correspondingly lesser or greater areas are allowed on smaller or larger 
onions;
    (d) Sunburn when dark green in color and affecting an area 
equivalent to that of a circle 1 inch in diameter on an onion 2\3/4\ 
inches in diameter or correspondingly smaller or larger areas on smaller 
or larger onions, or when medium to light green in color and affecting 
more than 10 percent of the surface of the onion;
    (e) Sprouting when any sprout is visible, or when concealed within 
the neck scales and are more than \3/4\ inch in length on an onion 2 
inches or larger in

[[Page 486]]

diameter, or proportionately shorter on smaller onions;
    (f) Staining, dirt or other foreign material when more than 20 
percent of the onions in a yellow, brown or red lot, or more than 15 
percent of the onions in a white lot are appreciably stained. Onions 
with adhering dirt or other foreign matter shall be judged on the same 
basis as stained onions;
    (g) Mechanical when any cut extends deeper than one fleshy scale, or 
when any bruise breaks a fleshy scale;
    (h) Tops when more than 30 percent of the onions in a lot have tops 
3 inches or more in length;
    (i) New roots when most roots on an individual onion have grown to a 
length of 1 inch or more;
    (j) Dry roots when practically all roots are 2 inches or more in 
length;
    (k) Translucent scales when more than the equivalent of two entire 
outer fleshy scales have a watersoaked condition; and,
    (l) Watery scales when more than the equivalent of the entire outer 
fleshy scale is affected by an off-color, watersoaked condition. The 
off-color must be of some shade of brown or yellow.



Sec.  51.3210  Serious damage.

    Serious damage unless otherwise specifically defined in this 
section, means any defect which seriously affects the appearance, or the 
edible or shipping quality of the onions. Any one of the following 
defects, or any combination of defects the seriousness of which exceeds 
the maximum allowed for any one defect, shall be considered as serious 
damage:
    (a) Seedstems when more than \1/2\ inch in diameter;
    (b) Dry sunken areas when extending deeper than one fleshy scale, or 
when affecting an area equivalent to that of a circle 1 inch in diameter 
on an onion 2\3/4\ inches in diameter, or correspondingly lesser or 
greater areas on smaller or larger onions;
    (c) Sprouting when any visible sprout is more than \1/2\ in length;
    (d) Staining, dirt or foreign material when more than 25 percent of 
the onions in any lot are badly stained. Onions with adhering dirt or 
other foreign matter shall be judged on the same basis as stained 
onions;
    (e) Mechanical when any cut extends deeper than two fleshy scales, 
or when cuts seriously damage the appearance of the onion; and,
    (f) Watery scales when more than the equivalent of two entire outer 
fleshy scales are affected by an off-colored, watersoaked condition. The 
off-color must be of some shade of brown or yellow.



Sec.  51.3211  Diameter.

    Diameter means the greatest dimension of the onion at right angles 
to a line running from the stem to the root.

                         Metric Conversion Table



Sec.  51.3212  Metric conversion table.

------------------------------------------------------------------------
                                                             Millimeters
                           Inches                                (mm)
------------------------------------------------------------------------
\1/8\......................................................          3.2
\1/4\......................................................          6.4
\3/8\......................................................          9.5
\1/2\......................................................         12.7
\5/8\......................................................         15.9
\3/4\......................................................         19.1
\7/8\......................................................         22.2
1..........................................................         25.4
1\1/4\.....................................................         31.8
1\1/2\.....................................................         38.1
1\3/4\.....................................................         44.5
2..........................................................         50.8
2\1/2\.....................................................         63.5
2\3/4\.....................................................         69.9
3..........................................................         76.2
3\1/2\.....................................................         88.9
4..........................................................        101.6
------------------------------------------------------------------------



 Subpart_United States Standards for Grades of Potatoes for Processing 
                                   \1\

    Source: 48 FR 10802, Mar. 15, 1983, unless otherwise noted.
---------------------------------------------------------------------------

    \1\ Compliance with the provisions of these standards shall not 
excuse failure to comply with provisions of applicable Federal or State 
laws.
---------------------------------------------------------------------------



Sec.  51.3410  Grades.

    (a) ``U.S. No. 1 Processing'' consists of potatoes which meet the 
following requirements:
    (1) Basic requirements:
    (i) Similar varietal characteristics;
    (ii) Moderately firm; and,
    (iii) Fairly well shaped.
    (2) Free from:

[[Page 487]]

    (i) Freezing or freezing injury;
    (ii) Blackheart;
    (iii) Late Blight Tuber Rot;
    (iv) Southern Bacterial Wilt;
    (v) Bacterial Ring Rot;
    (vi) Insects, worms or larvae;
    (vii) Soft rot and wet breakdown; and,
    (viii) Loose sprouts, dirt and foreign material.
    (3) Free from damage by any cause.
    (4) Size. Unless otherwise specified, individual potatoes shall be 
not less than 2 inches in diameter or 4 ounces in weight. Percentage(s) 
of a larger size(s) and/or a maximum size may be specified.
    (b) ``U.S. No. 2 Processing'' consists of potatoes or usable pieces 
of potatoes which meet the following requirements:
    (1) Basic requirements:
    (i) Similar varietal characteristics;
    (ii) Moderately firm; and,
    (iii) Not seriously misshapen.
    (2) Free from:
    (i) Freezing or freezing injury;
    (ii) Blackheart;
    (iii) Late Blight Tuber Rot;
    (iv) Southern Bacterial Wilt;
    (v) Bacterial Ring Rot;
    (vi) Insects, worms or larvae;
    (vii) Soft rot and wet breakdown; and,
    (viii) Loose sprouts, dirt and foreign material.
    (3) Free from serious damage by any cause.
    (4) Size. Unless otherwise specified, whole potatoes shall be not 
less than 1\1/2\ inches in diameter, or usable pieces shall be not less 
than 4 ounces in weight. Percentage(s) of a larger size(s) and/or 
maximum size may be specified.



Sec.  51.3411  Usable piece.

    ``Usable Piece'' means that portion of the potato remaining after 
trimming, or as it occurs in the sample:
    (a) Not have any unusable material;
    (b) Unless otherwise specified, weigh at least 4 ounces; and,
    (c) Must have at least 50% of peel remaining after trimming.



Sec.  51.3412  Unusable material.

    ``Unusable Material'' consists of defective portions of potatoes, 
and potatoes which are frozen, affected by freezing injury, soft rot, 
wet breakdown, insects, worms, larvae, Blackheart, Late Blight Tuber 
Rot, Southern Bacterial Wilt, Bacterial Ring Rot, or which are seriously 
damaged by internal defects.



Sec.  51.3413  Size.

    (a) The minimum size, maximum size or range in size may be specified 
in connection with the grade in terms of diameter or weight.
    (b) Diameter means the greatest dimension in terms of inches or 
fractions of an inch measured at right angles to the longitudinal axis, 
without regard to the position of the stem-end.
    (c) Weight means the minimum or maximum weight measured in terms of 
whole ounces. When a maximum weight is specified, the potato shall not 
be considered as oversize until it weighs the next higher ounce.



Sec.  51.3414  Application of standards.

    In the application of these standards to determine the percentages 
of potatoes in any lot which meet the requirements of the respective 
grades or size categories, tolerances do not apply. However, for lots 
which are graded or pre-sorted for size or quality, offered for 
inspection and required to meet one of the grades, the following 
tolerances, by weight, are provided:
    (a) For defects:
    (1) U.S. No. 1 Processing. 10 percent for potatoes which fail to 
meet the requirements of this grade including not more than one-half of 
this tolerance, or 5 percent, for serious damage by any means, including 
therein not more than 2 percent for potatoes which are frozen or 
affected by soft rot or wet breakdown.
    (2) U.S. No. 2 Processing. 10 percent for potatoes which fail to 
meet the requirements of this grade including not more than one-half of 
this tolerance, or 5 percent, for potatoes which are seriously damaged 
by internal defects occurring entirely within the vascular ring, 
including therein not more than 2 percent for potatoes which are frozen 
or affected by soft rot or wet breakdown.
    (b) For loose sprouts, dirt and foreign material: 2 percent.
    (c) For off-size:

[[Page 488]]

    (1) Undersize. 3 percent when the minimum size specified is less 
than 2\1/4\ inches in diameter or less than 5 ounces in weight; and 5 
percent when the minimum size specified is 2\1/4\ inches or more in 
diameter or 5 ounces or more in weight.
    (2) Oversize. 10 percent.



Sec.  51.3415  Definitions.

    Similar varietal characteristics means that the potatoes in any lot 
have the same general shape, color, and character of skin and color of 
flesh.
    Fairly well shaped means that the potato is not materially pointed, 
dumbbell-shaped, or otherwise deformed. \2\
---------------------------------------------------------------------------

    \2\ USDA Visual Aid, POT-L 1 Jan 81. This publication may be 
examined in the Fruit and Vegetable Division, Fresh Products Branch, 
AMS, U.S. Department of Agriculture, South Building, Washington, DC 
20250, or any field office of the Fresh Fruit and Vegetable Inspection 
Service. Copies of this visual aid may be purchased from the John Henry 
Company, P.O. Box 17099, Lansing, MI 48901 or United Fresh Fruit and 
Vegetable Association, N. Washington at Madison, Alexandria, VA 22314.
---------------------------------------------------------------------------

    Moderately firm means that the potato is not seriously shriveled or 
flabbly. \2\
    Not seriously misshapen means that the potato is not seriously 
deformed and causing more than 10% waste when determining the non-
peelable area directly due to shape.
    Soft rot or wet breakdown means any soft, mushy or leaky condition 
of the tissue such as Leak, slimy soft rot, wet type Fusarium Tuber Rot, 
or wet breakdown following freezing injury or heat injury.
    Loose sprouts, dirt and foreign material means unattached sprouts or 
sprouts that become detached during the grading of the sample, stems, 
vines, adhering dirt, loose dirt, stones, trash and other extraneous 
material.
    Damage means any defect listed in Sec.  51.3416, or an equally 
objectionable variation of any one of these defects, any other defect, 
or any combination of defects, which cannot be removed without a loss of 
more than 5 percent of the total weight of the potato.
    Serious Damage means any defect listed in Sec.  51.3416, or an 
equally objectionable variation of any of these defects, any other 
defect, or any combination of defects, which cannot be removed without a 
loss of more than 10 percent of the total weight of the potato.
    External Defects are defects which can be detected externally. 
Cutting may be required to determine the extent of the injury.
    Internal Defects are defects which cannot be detected without 
cutting the potato.



Sec.  51.3416  Classification of defects.

                            External Defects
------------------------------------------------------------------------
                                    Maximum allowed     Maximum allowed
             Defects                for U.S. No. 1      for U.S. No. 2
                                      processing          processing
------------------------------------------------------------------------
Air cracks......................  5% waste..........  10% waste.
Blackleg........................  5% waste..........  10% waste.
Bruises.........................  5% waste..........  10% waste
Cuts............................  Smooth, not more    Smooth, not more
                                   than 10% of         than \1/3\ of
                                   surface.            surface.
Enlarged lenticels, discolored    5% waste..........  10% waste.
 or sunken.
Flea Beetle.....................  5% waste..........  10% waste
Folded end......................  5% waste..........  10% waste.
Fusarium tuber rot..............  5% waste..........  10% waste.
Grass, wireworm.................  5% waste..........  10% waste.
Greening, light.................  5% waste..........  10% waste.
Growth cracks...................  See Footnote No. 2  10% waste.
Grub............................  5% waste..........  10% waste.
Ingrown sprouts.................  5% waste..........  10% waste.
Nematodes.......................  5% waste..........  10% waste.
Rhizoctonia, solid or thick       Not more than 10%   Not more than 25%
 mounded.                          of surface.         of surface.
Rodent, bird damage.............  5% waste..........  10% waste.
Scab, pitted....................  5% waste..........  10% waste.
Scab, russet....................  25% of surface or   50% of surface or
                                   5% waste.           10% waste.
Scab, surface...................  25% of surface or   50% of surface or
                                   5% waste.           10% waste.
Scab, surface (elephant hide)...  10% of surface or   25% of surface or
                                   5% waste.           10% waste.
Second growth...................  5% waste..........  10% waste.
Scaling, surface cracks--when     10% of surface or   25% of surface or
 cracked, thick and has depth.     5% waste.           10% waste.
Sunburn.........................  5% waste..........  10% waste.
Sunken discolored areas.........  5% waste..........  10% waste.
------------------------------------------------------------------------


[[Page 489]]


                            Internal Defects
------------------------------------------------------------------------
                                    Maximum allowed     Maximum allowed
             Defects                for U.S. No. 1      for U.S. No. 2
                                      processing          processing
------------------------------------------------------------------------
   Occurring outside of or not entirely confined to the vascular ring
------------------------------------------------------------------------
Internal Black Spot, Internal     5% waste..........  10% waste.
 Discoloration, Vascular
 Browning, Fusarium Wilt, Net
 Necrosis, Other Necrosis, Stem
 End Browning.
------------------------------------------------------------------------
               Occurring entirely within the vascular ring
------------------------------------------------------------------------
Hollow Heart or Hollow Heart      Area affected not   Area affected not
 with Discoloration.               to exceed that of   to exceed that of
                                   a circle \7/8\      a circle 1\1/4\
                                   inch in diameter    inches in
                                   in a 10 ounce       diameter in a 10
                                   potato. \1\.        ounce potato. \1\
Light Brown Discoloration (Brown  Area affected not   Area affected not
 Center).                          to exceed that of   to exceed that of
                                   a circle \7/8\      a circle 1\1/4\
                                   inch in diameter    inches in
                                   in a 10 ounce       diameter in a 10
                                   potato. \1\.        ounce potato. \1\
Internal Brown Spot and similar   Not more than the   Not more than the
 discoloration (Heat Necrosis).    equivalent of 3     equivalent of 6
                                   scattered spots     scattered spots
                                   \1/8\ inch in       \1/8\ inch in
                                   diameter in a       diameter in a
                                   potato 6 ounces     potato 6 ounces
                                   in weight or 2\1/   in weight or 2\1/
                                   2\ inches in        2\ inches in
                                   diameter, or        diameter or
                                   correspondingly     correspondingly
                                   lesser or greater   lesser or greater
                                   number of spots     number of spots
                                   in smaller or       in smaller or
                                   larger potatoes.    larger potatoes.
------------------------------------------------------------------------
\1\ Note: Or correspondingly lesser or greater areas in smaller or
  larger potatoes.



Sec.  51.3417  Optional test for specific gravity.

    Tests to determine specific gravity shall be made in accordance with 
the procedures set forth in this section.
    (a) The potatoes used for such determinations shall be:
    (1) Taken at random from a composite sample drawn from containers 
representative of the lot.
    (2) A comparable sample from a bulk load or storage bin.
    (3) From a portion of the divided sample initially drawn or 
submitted for determination of grade or contract compliance.
    (4) Representative of the lot with respect to size and quality.

The specific gravity for any lot of potatoes shall be the average of at 
least 3 corrected readings on separate tests from the composite sample. 
Specific gravity may also be determined, if requested, in accordance 
with size classifications or weighted value in proportion to size and/or 
grade separations in the lot.
    (b) Specific gravity shall be determined by either;
    (1) Calculation from the weights of the sample in air and in water 
made with USDA approved equipment. The reading obtained from each test 
shall be corrected for temperature variations using Table I.
    (2) A hydrometer specifically designed for determining the specific 
gravity of potatoes. \3\
---------------------------------------------------------------------------

    \3\ The hydrometer is available from the Potato Chip/Snack Food 
Association, Crystal Square-3, Suite 903, 1735 Jefferson Davis Highway, 
Arlington, VA 22202.

The pulp temperature of the potatoes and the temperature of water shall 
be recorded immediately before testing and the specific gravity reading 
corrected using Table I.

[[Page 490]]



                                            Table I--Correction Factors for Specific Gravity of Potatoes \4\
                                   [Corrected to zero at 50 [deg]F potato temperature and 50 [deg]F water temperature]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          Water temperature (degrees Fahrenheit)
                                 -----------------------------------------------------------------------------------------------------------------------
                                    38[deg]     40[deg]     45[deg]     50[deg]     55[deg]     60[deg]     65[deg]     70[deg]     75[deg]     80[deg]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Potato temperature:
  38[deg].......................     -0.0021     -0.0020     -0.0018     -0.0018     -0.0020     -0.0023     -0.0029     -0.0038     -0.0047     -0.0056
  40[deg].......................      -.0017      -.0016      -.0014      -.0014      -.0016      -.0019      -.0025      -.0034      -.0043      -.0052
  45[deg].......................      -.0009      -.0008      -.0008      -.0006      -.0008      -.0011      -.0017      -.0026      -.0035      -.0044
  50[deg].......................      -.0003      -.0002        0000        0000      -.0002      -.0005      -.0011      -.0020      -.0029      -.0038
  55[deg].......................      +.0001      +.0002      +.0004      +.0004      +.0002      -.0001      -.0007      -.0016      -.0025      -.0034
  60[deg].......................      +.0004      +.0005      +.0007      +.0007      +.0005      +.0002      -.0004      -.0013      -.0022      -.0031
  65[deg].......................      +.0005      +.0006      +.0008      +.0008      +.0006      +.0003      -.0003      -.0012      -.0021      -.0030
  70[deg].......................      +.0006      +.0007      +.0009      +.0009      +.0007      +.0004      -.0002      -.0011      -.0020      -.0029
  75[deg].......................      +.0007      +.0008      +.0010      +.0010      +.0008      +.0005      -.0001      -.0010      -.0019      -.0028
  80[deg].......................      +.0008      +.0009      +.0011      +.0011      +.0009      +.0006        0000      -.0009      -.0018      -.0027
  85[deg].......................      +.0009      +.0010      +.0012      +.0012      +.0010      +.0007      +.0001      -.0008      -.0017      -.0026
  90[deg].......................      +.0010      +.0011      +.0013      +.0013      +.0011      +.0008      +.0002      -.0007      -.0016      -.0025
  95[deg].......................      +.0011      +.0012      +.0014      +.0014      +.0012      +.0009      +.0003      -.0006      -.0015      -.0024
  100[deg]......................      +.0012      +.0013      +.0015      +.0015      +.0013      +.0010      +.0004      -.0005      -.0014      -.0023
--------------------------------------------------------------------------------------------------------------------------------------------------------
\4\ To apply correction factor, change actual specific gravity reading by adding or subtracting the appropriate factor according to the plus or minus
  sign.


[[Page 491]]


When requested to convert the weight in water of 5000 gram samples used 
in the weight in air versus weight in water method of specific gravity 
determinations, the conversion to total solids shall be based on Table 
II.

 Table II--Specific Gravity Conversion Chart for 5,000 Grams of Potatoes
------------------------------------------------------------------------
                                                  Specific      Total
                 Water weight                     gravity       solids
------------------------------------------------------------------------
300...........................................       1.0638         17.2
310...........................................       1.0661         17.7
320...........................................       1.0684         18.2
322...........................................       1.0688         18.3
324...........................................       1.0693         18.4
326...........................................       1.0697         18.5
328...........................................       1.0702         18.6
330...........................................       1.0707         18.7
332...........................................       1.0711         18.8
334...........................................       1.0716         18.9
336...........................................       1.0720         19.0
338...........................................       1.0725         19.1
340...........................................       1.0730         19.2
342...........................................       1.0734         19.3
344...........................................       1.0739         19.4
346...........................................       1.0743         19.5
348...........................................       1.0748         19.6
350...........................................       1.0753         19.7
352...........................................       1.0757         19.8
354...........................................       1.0762         19.9
356...........................................       1.0766         20.0
358...........................................       1.0771         20.1
360...........................................       1.0776         20.2
362...........................................       1.0780         20.3
364...........................................       1.0785         20.4
366...........................................       1.0790         20.5
368...........................................       1.0794         20.6
370...........................................       1.0799         20.7
372...........................................       1.0804         20.8
374...........................................       1.0808         20.9
376...........................................       1.0813         21.0
378...........................................       1.0818         21.1
380...........................................       1.0822         21.2
382...........................................       1.0827         21.3
384...........................................       1.0832         21.4
386...........................................       1.0836         21.5
388...........................................       1.0841         21.6
390...........................................       1.0846         21.7
392...........................................       1.0851         21.8
394...........................................       1.0855         21.9
396...........................................       1.0860         22.0
398...........................................       1.0865         22.1
400...........................................       1.0870         22.2
402...........................................       1.0874         22.3
404...........................................       1.0879         22.4
406...........................................       1.0884         22.5
408...........................................       1.0888         22.6
410...........................................       1.0893         22.7
412...........................................       1.0898         22.8
414...........................................       1.0903         22.9
416...........................................       1.0908         23.0
418...........................................       1.0912         23.1
420...........................................       1.0917         23.2
422...........................................       1.0922         23.4
424...........................................       1.0926         23.5
426...........................................       1.0931         23.6
428...........................................       1.0936         23.7
430...........................................       1.0941         23.8
432...........................................       1.0946         23.9
440...........................................       1.0965         24.4
450...........................................       1.0989         24.9
460...........................................       1.1013         25.4
470...........................................       1.1040         26.0
------------------------------------------------------------------------


Whenever the recorded water weight for an individual reading falls 
between two sets of numbers as indicated in Table II, the next higher 
reading shall be used.



Sec.  51.3418  Optional test for fry color.

    Fry color may be determined in accordance with contract 
specifications by using the Munsell Color Standards for Frozen French 
Fried Potatoes, Third Edition, 1972, 64-1. \5\ Select a minimum of 
twenty (20) potatoes at random from the official sample. Slice each 
potato from stem to blossom-end into \1/2\ square inch strips. Unless 
otherwise specified, fry center cut strips in oil for a minimum of 3 
minutes at 350 [deg]F or 2\1/2\ minutes at 375 [deg]F.
---------------------------------------------------------------------------

    \5\ Munsell Color Standards for Frozen French Fried Potatoes, Third 
Edition, 1972, 64-1, may be purchased from the Munsell Color Co., 2441 
North Calvert St., Baltimore, MD 21218.
---------------------------------------------------------------------------



PART 52_PROCESSED FRUITS AND VEGETABLES, PROCESSED PRODUCTS THEREOF, AND CERTAIN 
OTHER PROCESSED FOOD PRODUCTS \1\--Table of Contents


---------------------------------------------------------------------------

    \1\ Among such other processed food products are the following: 
Honey; molasses, except for stockfeed; nuts and nut products, except 
oil; sugar (cane, beet, and maple); sirups (blended), sirups, except 
from grain; tea; cocoa; coffee; spices; condiments.
---------------------------------------------------------------------------

    Note: Compliance with the provisions of the standards set forth in 
this part shall not excuse failure to comply with the provisions of the 
Federal Food, Drug, and Cosmetic Act (or with applicable State laws and 
regulations).

       Subpart_Regulations Governing Inspection and Certification

Sec.
52.1 Administration of regulations.

[[Page 492]]

                               Definitions

52.2 Terms defined.
52.3 Designation of official certificates, memoranda, marks, other 
          identifications, and devices for purposes of the Agricultural 
          Marketing Act.

                           Inspection Service

52.4 Where inspection service is offered.
52.5 Who may obtain inspection service.
52.6 How to make application.
52.7 Information required in connection with application.
52.8 Filing of application.
52.9 Record of filing time.
52.10 When application may be rejected.
52.11 When application may be withdrawn.
52.12 Disposition of inspected sample.
52.13 Basis of inspection and grade or compliance determination.
52.14 Order of inspection service.
52.15 Postponing inspection service.
52.16 Financial interest of inspector.
52.17 Forms of certificates.
52.18 Issuance of certificates.
52.19 Issuance of corrected certificates.
52.20 Issuance of an inspection report in lieu of an inspection 
          certificate.
52.21 Disposition of inspection certificates.
52.22 Report of inspection results prior to issuance of formal report.

                            Appeal Inspection

52.23 When appeal inspection may be requested.
52.24 Where to file for an appeal inspection and information required.
52.25 When an application for an appeal inspection may be withdrawn.
52.26 When appeal inspection may be refused.
52.27 Who shall perform appeal inspection.
52.28 Appeal inspection certificate.

                  Licensing of Samplers and Inspectors

52.29 Who may become licensed sampler.
52.30 Application to become a licensed sampler.
52.31 Inspectors.
52.32 Suspension or revocation of license of licensed sampler or 
          licensed inspector.
52.33 Surrender of license.

                                Sampling

52.34 How samples are drawn by inspectors or licensed samplers.
52.35 Accessibility for sampling.
52.36 How officially drawn samples are to be identified.
52.37 How official samples are to be identified and shipped.
52.38 Sampling plans and procedures for determining lot compliance.
52.38a Definitions of terms applicable to statistical sampling.
52.38b Statistical sampling procedures for on-line inspection by 
          attributes of processed fruits and vegetables.
52.38c Statistical sampling procedures for lot inspection of processed 
          fruits and vegetables by attributes.
52.39 Issuance of certificate of sampling.
52.40 Identification of lots sampled.

                            Fees and Charges

52.41 Payment of fees and charges.
52.42 Schedule of fees.
52.43 Fees to be charged and collected for sampling when performed by a 
          licensed sampler.
52.44 Inspection fees when charges for sampling have been collected.
52.45 Inspection fees when charges for sampling have not been collected.
52.46 Fee for appeal inspection.
52.47 Changing types of service.
52.48 Charges for plant survey and inspection.
52.49 Charges for copies of inspection documents and/or inspection data.
52.50 Travel and other expenses.
52.51 Charges for inspection services on a contract basis.

                              Miscellaneous

52.53 Approved identification.
52.54 Debarment of service.
52.55 Political activity.
52.56 Purchase of commodity samples for review.
52.57 Compliance with other laws.
52.58 Identification.
52.59 OMB control numbers assigned pursuant to the Paperwork Reduction 
          Act.

Requirements for Plants To Be Approved and for Plants Using Contract In-
                        Plant Inspection Services

52.81 Plant survey.
52.82 Basis of survey and plant inspection.
52.83 Reporting results of the plant survey and inauguration of 
          inspection services.

  Subpart_United States Standards for Grades of Canned Red Tart Pitted 
                                Cherries

                           Identity and Grades

52.771 Identity.
52.772 Grades.

                   Liquid Media and Brix Measurements

52.773 Liquid media and Brix measurements.

                            Fill of Container

52.774 Fill of container.

                            Sample Unit Size

52.775 Sample unit size.

[[Page 493]]

                           Factors of Quality

52.776 Ascertaining the grade of a sample unit.
52.777 Ascertaining the rating for the factors which are scored.
52.778 Color.
52.779 Freedom from pits.
52.780 Defects.
52.781 Character.

                     Allowances for Quality Factors

52.782 Allowances for quality factors.

                             Lot Compliance

52.783 Ascertaining the grade of a lot.

                               Score Sheet

52.784 Score sheet for canned red tart pitted cherries.

  Subpart_United States Standards for Grades of Frozen Red Tart Pitted 
                                Cherries

                     Product Description and Grades

52.801 Product description.
52.802 Grades of frozen red tart pitted cherries.

                            Sample Unit Size

52.803 Sample unit size.

                           Factors of Quality

52.804 Ascertaining the grade of a sample unit.
52.805 Ascertaining the rating for each factor.
52.806 Color.
52.807 Freedom from pits.
52.808 Freedom from defects.
52.809 Character.

                     Allowances for Quality Factors

52.810 Allowances for quality factors.

                             Lot Compliance

52.811 Ascertaining the grade of a lot.

                               Score Sheet

52.812 Score sheet for frozen red tart pitted cherries.

           Subpart_United States Standards for Grades of Dates

                 Product Description, Styles, and Grades

52.1001 Product description.
52.1002 Styles of dates.
52.1003 Grades of dates.

                           Factors of Quality

52.1004 Ascertaining the grade.
52.1005 Ascertaining the rating for the factors which are scored.
52.1006 Color.
52.1007 Uniformity of size.
52.1008 Absence of defects.
52.1009 Character.

                    Lot Inspection and Certification

52.1010 Ascertaining the grade of a lot.

                               Score Sheet

52.1011 Score sheet for dates.

     Subpart_United States Standards for Grades of Processed Raisins

52.1841 Product description.
52.1842 Product description of Layer (or Cluster) raisins with seeds.
52.1843 Summary of types (varieties) of processed raisins.
52.1844 Definition of terms.

                        Type I--Seedless Raisins

52.1845 Sizes of seedless raisins.
52.1846 Grades of seedless raisins.

                    Type II--Golden Seedless Raisins

52.1847 Colors of golden seedless raisins.
52.1848 Sizes of golden seedless raisins.
52.1849 Grades of golden seedless raisins.

                      Type III--Raisins With Seeds

52.1850 Sizes of raisins with seeds--except layer or cluster.
52.1851 Sizes of raisins with seeds--layer or cluster.
52.1852 Grades of raisins with seeds--except layer or cluster.
52.1853 Grades of raisins with seeds--layer or cluster.

                        Type IV--Sultana Raisins

52.1854 Sizes of Sultana raisins.
52.1855 Grades of Sultana raisins.

                      Type V--Zante Currant Raisins

52.1856 Sizes of zante currant raisins.
52.1857 Grades of zante currant raisins.

                     Type VI--Mixed Type of Raisins

52.1858 Grades of mixed types or varieties of raisins.

       Subpart_United States Standards for Grades of Dried Prunes

           Product Description, Varietal Types, Sizes, Grades

52.3181 Product description.
52.3182 Varietal types of dried prunes.
52.3183a Styles of dried prunes.
52.3183b Count-sizes of whole unpitted dried prunes.
52.3184 Grades of dried prunes.

[[Page 494]]

                  Moisture, Uniformity of Size, Defects

52.3185 Moisture limits.
52.3186 Definitions for uniformity of size.
52.3187 Definitions and explanations of defects.

                               Work Sheet

52.3188 Work sheet for dried prunes.

    Subpart_United States Standards for Grades of Canned Ripe Olives

             Product Description, Types, Styles, and Grades

52.3751 Product description.
52.3752 Types of canned ripe olives.
52.3753 Styles of canned ripe olives.
52.3754 Size designations for whole and pitted styles.
52.3755 Minimum drained weights.
52.3756 Grades of canned ripe olives.
52.3757 Standard sample unit size.
52.3758 Determining the grade of a sample unit.
52.3759 Determining the rating for the factors which are scored.
52.3760 Color.
52.3761 Defects.
52.3762 Character.
52.3763 Determining the grade of a lot.
52.3764 Score sheet.

    Authority: 7 U.S.C. 1621-1627.



       Subpart_Regulations 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.



Sec.  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



Sec.  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. ``Acceptance number'' means the number in a 
sampling plan that indicates the maximum number of deviants permitted in 
a sample of a lot that meets a specific requirement.
    Act. ``Act'' means the applicable provisions of the Agricultural 
Marketing Act of 1946 (60 Stat. 1087 et seq., as amended; 7 U.S.C. 1621 
et seq.), or any other act of Congress conferring like authority.
    Administrator. ``Administrator'' means the Administrator of the 
Agricultural Marketing Service.
    Applicant. ``Applicant'' means any interested party who requests 
inspection service under the regulations in this part.
    Approved plant. See ``Plant, approved''.
    Case. ``Case'' means the number of containers (cased or uncased) 
which, by the particular industry are ordinarily packed in a shipping 
container.
    Case or shipping case. ``Case'' or ``shipping case'' means a unit 
consisting of a given number of primary containers of the same size, the 
number and arrangement per unit conforming to customary trade practice. 
For products not physically assembled into a shipping case (i.e. stacked 
bright) case means simulating the containers in such lot into a unit 
consisting of the same number of primary containers corresponding to 
customary trade practice (or corresponding to the unit as defined 
above).
    Certificate of loading. Certificate of loading means a statement, 
either

[[Page 495]]

written or printed, issued pursuant to the regulations in this part, 
relative to checkloading of a processed product subsequent to inspection 
thereof. The certificate of loading may be issued in lieu of an official 
inspection certificate when the same inspection procedures are applied 
and when authorized by the Administrator.
    Certificate of sampling. ``Certificate of sampling'' means a 
statement, either written or printed issued pursuant to the regulations 
in this part, identifying officially drawn samples and may include a 
description of condition of containers and the condition under which the 
processed product is stored.
    Class. See ``Grade.''
    Condition. ``Condition'' means the degree of soundness of the 
product which may affect its merchantability and includes, but is not 
limited to those factors which are subject to change as a result of age, 
improper preparation and processing, improper packaging, improper 
storage or improper handling.
    Department. ``Department'' means the United States Department of 
Agriculture.
    Deviant. ``Deviant'' means a sample unit affected by one or more 
deviations or a sample unit that varies in a specifically defined manner 
from the requirements of a standard, specification, or other inspection 
document.
    Deviation. ``Deviation'' means any specifically defined variation 
from a particular requirement.
    Grade or class. ``Grade'' or ``class'' designates a level or rank of 
quality.
    Grader. See ``Inspector''.
    Inspection certificate. ``Inspection certificate'' means a 
statement, either written or printed, issued pursuant to the regulations 
in this part, setting forth in addition to appropriate descriptive 
information relative to a processed product, and the container thereof, 
the quality and condition, or any part thereof, of the product and may 
include a description of the conditions under which the product is 
stored.
    Inspection service. (See 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. (a) Lot inspection means the 
inspection and grading of specific lots of processed fruits and 
vegetables which are located in plant warehouses, commercial storage, 
railway cars, trucks, or any other conveyance or storage facility.
    (b) Approved plant-lot inspection means the inspection and grading 
of specific lots of processed fruits and vegetables which are located in 
plant warehouses, commercial storage, railway cars, trucks, or any other 
conveyance or storage facility. However, under ``approved plant-lot 
inspection'', the inspection service has knowledge that the products 
were processed or packaged in plants meeting the ``plant approved'' 
definition. This means that the plant facilities, sanitation, and 
methods of operation have been surveyed and approved for specific 
product(s) by the Administrator as suitable and adequate for inspection 
or grading service in accordance with Sec.  52.81 through Sec.  52.83 of 
this part.
    (c) Continuous inspection is the conduct of inspection and grading 
services in an approved plant whereby one or

[[Page 496]]

more inspector(s) are present at all times the plant is in operation to 
make in-process checks on the preparation, processing, packing, and 
warehousing of all products under contract and to assure compliance with 
sanitary requirements.
    (d) Pack certification is the conduct of inspection and grading 
services in an approved plant whereby one or more inspector(s) may make 
inspection of the preparation and processing of products under contract, 
but are not required to be present at all times the plant is in 
operation.
    (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'' or ``grader'' means any employee 
of the Department authorized by the Secretary or any other person 
licensed by the Secretary to investigate, sample, inspect, and certify 
in accordance with the regulations in this part to any interested party 
the class, quality and condition of processed products covered in this 
part and to perform related duties in connection with the inspection 
service.
    Inspector in charge. ``Inspector in Charge'' means any inspector 
designated on a plant working shift or in a field office laboratory as 
the inspector in charge of the inspection work when authorized by the 
Administrator to act in that capacity.
    Inspector, subordinate. ``Subordinate inspector'' means any 
inspector assigned to a plant or field office to work under the 
direction of an inspector-in-charge.
    Inspector's aide. ``Inspector's aide'' means any employee of the 
Department authorized to perform a limited number and type of duties 
under the close supervision of an inspector.
    Interested party. ``Interested party'' means any person who has a 
financial interest in the commodity involved.
    Licensed sampler. ``Licensed sampler'' means any person who is 
authorized by the Secretary to draw samples of processed products for 
inspection service, to inspect for identification and condition of 
containers in a lot, and may, when authorized by the Administrator, 
perform related services under the act and the regulations in this part.
    Lot. Lot means any number of containers of the same size and type 
which contain a processed product of the same type and style located in 
the same warehouse or conveyance, and which is available for inspection 
service at any time: Provided, that the number of containers comprising 
lot may not exceed the maximum number specified in the sampling plans in 
Sec.  52.38 of this Subpart: And further provided that:
    (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. ``Officially drawn sample'' means any 
sample that has been selected from a particular lot by an inspector, 
licensed sampler, or by any other person authorized by the Administrator 
pursuant to the regulations in this part.
    Person. ``Person'' means any individual, partnership, association, 
business trust, corporation, any organized group of persons (whether 
incorporated or not), the United States (including, but not limited to, 
any corporate agencies thereof), any State, county, or municipal 
government, any common carrier, and any authorized agent of any of the 
foregoing.
    Plant. ``Plant'' means the premises, buildings, structure, and 
equipment (including, but not being limited to machines, utensils, 
vehicles, and fixtures located in or about the premises)

[[Page 497]]

used or employed in the preparation, processing, handling, transporting 
and storage of fruits and vegetables, or the processed products thereof.
    Plant, approved. ``Approved plant'' means any plant in which the 
facilities, sanitation, and methods of operation have been surveyed and 
approved for specific product(s) by the Administrator as suitable and 
adequate for inspection or grading service in accordance with Sec. Sec.  
52.81 through 52.83.
    Processed product. ``Processed product'' means any fruit, vegetable, 
or other food product covered under the regulations in this part which 
has been preserved by any recognized commercial process, including, but 
not limited to canning, freezing, dehydrating, drying, the addition of 
chemical substances, or by fermentation.
    Quality. ``Quality'' means the inherent properties of any processed 
product which determine the relative degree of excellence of such 
product, and includes the effects of preparation and processing, and may 
or may not include the effects of packing media, or added ingredients.
    Rejection number. ``Rejection number'' means the number in a 
sampling plan that indicates the minimum number of deviants in a sample 
that will cause a lot to fail a specific requirement.
    Sample. ``Sample'' means any number of sample units to be used for 
inspection.
    Sample unit. ``Sample unit'' means a container and/or its entire 
contents, a portion of the contents of one or more containers or other 
unit of commodity, or a composite mixture of a product used for 
inspection.
    Sampling. ``Sampling'' means the act of selecting samples of 
processed products for the purpose of inspection under the regulations 
in this part.
    Secretary. ``Secretary'' means the Secretary of the Department or 
any other officer or employee of the Department authorized to exercise 
the powers and to perform the duties of the Secretary in respect to the 
matters covered by the regulations in this part.
    Shipping container. ``Shipping container'' means an individual 
container designed for shipping a number of packages or cans ordinarily 
packed in a container for shipping or designed for packing unpackaged 
processed products for shipping.
    Unofficial sample. Unofficial sample means any sample that has been 
selected by any person other than an inspector or licensed sampler, or 
by any other person not authorized by the Administrator pursuant to the 
regulations in this part.

[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]



Sec.  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 certificate'' means any form of 
certification, either written or printed, including those defined in 
Sec.  52.2, used under this part to certify with respect to the 
inspection, class, grade, quality, size, quantity, or condition of 
products (including the compliance of products with applicable 
specifications).
    Official device. ``Official device'' means a stamping appliance, 
branding device, stencil, printed label, or any other mechanically or 
manually operated tool that is approved by the Administrator for the 
purpose of applying any official mark or other identification to any 
product or the packaging

[[Page 498]]

material thereof; or any device approved and designated by the 
Administrator as a USDA official device for use as a color standard, 
defect guide, or other similar aid to interpret the United States 
Department of Agriculture grade standards and to facilitate conduct of 
the inspection service.
    Official identification. ``Official identification'' means any 
United States (U.S.) standard designation of class, grade, quality, 
size, quantity, or condition specified in this part or any symbol, 
stamp, label, or seal indicating that the product has been graded or 
inspected and/or indicating the class, grade, quality, size, quantity, 
or condition of the product approved by the Administrator and authorized 
to be affixed to any product, or affixed to or printed on the packaging 
material of any product.
    Official mark. ``Official mark'' means the grade mark, inspection 
mark, combined form of inspection and grade mark, and any other mark, or 
any variations in such marks, including those prescribed in Sec.  52.53 
approved by the Administrator and authorized to be affixed to any 
product, or affixed to or printed on the packaging material of any 
product, stating that the product was graded or inspected or both, or 
indicating the appropriate U.S. Grade or condition of the product, or 
for the purpose of maintaining the identity of products graded or 
inspected or both under this part.
    Official memorandum. ``Official memorandum'' means any initial 
record of findings made by an authorized person in the process of 
grading, inspecting, or sampling pursuant to this part, any processing 
or plant-operation report made by an authorized person in connection 
with grading, inspecting, or sampling under this part, and any report 
made by an authorized person of services performed pursuant to this 
part.

[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



Sec.  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.



Sec.  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.



Sec.  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.



Sec.  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

[[Page 499]]

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]



Sec.  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.



Sec.  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]



Sec.  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.



Sec.  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, 
That, the applicant shall pay at the hourly rate prescribed in Sec.  
52.42 for the time incurred by the inspector in connection with such 
application, any travel expenses, telephone, telegraph or other expenses 
which have been incurred by the inspection service in connection with 
such application.

[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]



Sec.  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.



Sec.  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, That when inspection for quality is based on any U.S. grade 
standard which contains a scoring system, the grade to be assigned to a 
lot is the grade indicated by the average of the total of the scores of 
the respective sample units: Provided further, That--
    (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 Sec.  
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

[[Page 500]]

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]



Sec.  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.



Sec.  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.



Sec.  52.16  Financial interest of inspector.

    No inspector shall inspect any processed product in which he is 
directly or indirectly financially interested.



Sec.  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.



Sec.  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, That, another employee of 
the inspection service authorized by the Administrator to act in a 
supervisory capacity or designated as the ``inspector in charge,'' may 
sign such certificate of loading covering any processed product 
checkloaded by an inspector or licensed sampler and authorized by the 
Administrator to affix the inspector's or licensed sampler's signature 
to a certificate of loading which has been prepared in accordance with 
the facts set forth in the notes made by the inspector or licensed 
sampler in connection with the checkloading of a specific lot of 
processed products.

[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]



Sec.  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,

[[Page 501]]

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.



Sec.  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, That, the issuance of such report is 
approved by the Administrator.



Sec.  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 Sec.  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]



Sec.  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



Sec.  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.



Sec.  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]



Sec.  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, That, the applicant shall pay at the hourly rate prescribed in 
Sec.  52.42, for the time incurred by the inspector in connection with 
such application, any travel expenses, telephone, telegraph, or other 
expenses

[[Page 502]]

which have been incurred by the inspection service in connection with 
such application.

[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]



Sec.  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.



Sec.  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, That, the inspector who made the 
inspection on which the appeal is requested may be authorized to draw 
the samples when another inspector or licensed sampler is not available 
in the area where the product is located.



Sec.  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



Sec.  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.



Sec.  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

[[Page 503]]

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.



Sec.  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.



Sec.  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.



Sec.  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



Sec.  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.



Sec.  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

[[Page 504]]

such lot is made accessible for proper sampling.



Sec.  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.



Sec.  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]



Sec.  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

[[Page 505]]

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. For each 10,000 pounds (or 
fraction of 10,000 pounds) of product--6 sample units of approximately 
35 figs each accumulated into 1 composite (at least 200 figs). Each 
composite will be examined separately, and all must meet the requirement 
for the U.S. Grade.
    (2) Sampling plan for dried fruits other than dates and figs. For 
each 15,000 pounds (or fraction of 15,000 pounds) of product--sample 
units of approximately 16 ounces each accumulated into 1 composite (at 
least 100 ounces) Each composite will be examined separately and all 
must meet the requirements for the U.S. Grade.

    Table I--Canned or Similarly Processed Fruits, Vegetables, and Products Containing Units of Such Size and
                                      Character as To Be Readily Separable
----------------------------------------------------------------------------------------------------------------
                                                                    Lot size (number of containers) \1\
                   Container size group                   ------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
Group 1: Any type container of a volume not exceeding       3,000 or   3,001 to  12,001 to  39,001 to  84,001 to
 that of a No. 303 size can..............................       less     12,000     39,000     84,000    145,000
Group 2: Any type of container of a volume exceeding that   1,500 or   1,501 to   6,001 to  19,501 to  42,001 to
 of a No. 303 size can but not exceeding that of a No. 3        less      6,000     19,500     42,000     72,500
 cylinder size can.......................................
Group 3: Any type of container of a volume exceeding that     750 or     751 to   3,001 to   9,751 to  21,001 to
 of a No. 3 cylinder size can, but not exceeding that of        less      3,000      9,750     21,000     36,250
 a No. 12 size can.......................................
----------------------------------------------------------------------------------------------------------------
Group 4: Any type of container of a volume exceeding that
 of a....................................................
No. 12 size can..........................................
                                                              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             3          6          6         13         21
 units) \2\..............................................
Acceptance number........................................          0          1          1          2          3
----------------------------------------------------------------------------------------------------------------
\1\ Under on-line in-plant inspection, a 5% overrun in number of containers may be permitted by the inspector
  before going to the next larger sample size.
\2\ When a standard sample size is not specified in the U.S. grade standards, the sample units for the various
  container size groups are as follows: Groups 1, 2, and 3--1 container and its entire contents. Group 4 that
  approximately 2 pounds of product. When determined by the inspector that a 2-pound sample unit is inadequate,
  a larger sample unit may be substituted.


   Table II--Frozen or Similarly Processed Fruits, Vegetables, and Products Containing Units of Such Size and
                                      Character as To Be Readily Separable
----------------------------------------------------------------------------------------------------------------
                                                                    Lot size (number of containers) \1\
                   Container size group                   ------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
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
                                                                less      9,600     31,200     67,200    116,000
Group 2: Any type of container over 1 lb. but not over 2-   1,200 or   1,201 to   4,801 to  15,601 to  33,601 to
 \1/2\ lbs. net weight...................................       less      4,800     15,600     33,600     58,000
----------------------------------------------------------------------------------------------------------------
Group 3: Any type of container over 2-\1/2\ lbs..........
                                                                Convert to equivalent number of 2-\1/2\ 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             3          6          6         13         21
 units) \2\..............................................

[[Page 506]]

 
Acceptance number........................................          0          1          1          2          3
----------------------------------------------------------------------------------------------------------------
\1\ Under on-line in-plant inspection, a 5% overrun in number of containers may be permitted by the inspector
  before going to the next larger sample size.
\2\ When a standard sample unit size is not specified in the U.S. grade standards, the sample units for the
  various container size groups are as follows: Groups 1 and 2--1 container and its entire contents. Group 3
  containers up to 10 lbs.--approximately 3 pounds of product. When determined by the inspector that a 3-pound
  sample unit is inadequate, a larger sample unit or 1 or more containers and their entire contents may be
  substituted for 1 or more sample units of 3 lbs.


Table III--Canned, Frozen, or Otherwise Processed Fruits, Vegetables, Related Products of a Comminuted, Fluid or
                                                Homogeneous State
----------------------------------------------------------------------------------------------------------------
                                                                    Lot size (number of containers) \1\
                   Container size group                   ------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
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
                                                                less     18,000     56,000    126,000         to
                                                                                                         217,000
Group 2: Any type of container exceeding 1 lb. but not      3,000 or   3,001 to  12,001 to  39,001 to  84,001 to
 exceeding 60 ounces.....................................       less     12,000     39,000     84,000    145,000
Group 3: Any type of container exceeding 60 ounces but      1,500 or   1,501 to   6,001 to  19,501 to  42,001 to
 not exceeding 10 lbs....................................       less      6,000     19,500     42,000     72,500
----------------------------------------------------------------------------------------------------------------
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             3          6          6         13         21
 units) \2\..............................................
Acceptance number........................................          0          1          1          2          3
----------------------------------------------------------------------------------------------------------------
\1\ Under on-line in-plant inspection, a 5% overrun in number of containers may be permitted by the inspector
  before going to the next larger sample size.
\2\ When a standard sample size is not specified in the U.S. grade standards, the sample units for the various
  container size groups are as follows: Groups 1, 2, and 3--1 container and its entire contents. A smaller
  sample unit may be substituted in Group 3 at the inspector's discretion. Group 4--approximately 16 ounces of
  product. When determined by the inspector that a 16 ounce sample unit is inadequate, a larger sample unit may
  be substituted.


                           Table IV--Dehydrated (Low-Moisture) Fruits, and Vegetables
----------------------------------------------------------------------------------------------------------------
                                                                    Lot size (number of containers) \1\
                   Container size group                   ------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
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
                                                                less      7,200     23,400     50,400     87,000
Group 2: Any type of container over 1 lb. but not over 6      600 or     601 to   2,401 to   7,801 to  16,801 to
 lbs. net weight.........................................       less      2,400      7,800     16,800     29,000
----------------------------------------------------------------------------------------------------------------
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             3          6          6         13         21
 units) \2\..............................................
Acceptance number........................................          0          1          1          2          3
----------------------------------------------------------------------------------------------------------------
\1\ Under on-line in-plant inspection, a 5% overrun in number of containers may be permitted by the inspector
  before going to the next larger sample size.
\2\ When a standard sample unit size is not specified in the U.S. grade standards, the sample units for the
  various container size groups are as follows: Group 1--1 container and its entire contents. Groups 2 and 3--1
  container and its entire contents or a smaller sample unit when determined by the inspector to be adequate.


[[Page 507]]


                                                 Table V--Dates
----------------------------------------------------------------------------------------------------------------
                                                           Lot size
                                                          (number of
                  Container size group                   containers)
                                                             \1\
---------------------------------------------------------------------
Group 1: Any type of container of 1 lb. or less net        2,400 or    2,401 to   9,601 to  31,201 to  67,201 to
 weight................................................        less       9,600     31,200     67,000    116,000
Group 2: Any type of container over 1 lb. but not over       800 or      801 to   3,201 to  10,401 to  22,401 to
 5 lbs. net weight.....................................        less       3,200     10,400     22,400     33,667
----------------------------------------------------------------------------------------------------------------
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            3           6          6         13         21
 units) \2\............................................
Acceptance number......................................           0           1          1          2          3
----------------------------------------------------------------------------------------------------------------
\1\ Under on-line in-plant inspection, a 5% overrun in number of containers may be permitted by the inspector
  before going to the next larger sample size.
\2\ When a standard sample size is not specified in the U.S. grade standards, the sample units for the various
  container size groups are as follows: Groups 1 and 2--1 container and its entire contents. Group 3 containers
  up to 10 pounds--1 container and its entire contents. Group 3 containers over 10 pounds--approximately three
  pounds of product. When determined by the inspector that a 3-pound sample unit is inadequate, a larger sample
  unit or 1 or more containers and their entire contents may be substituted for 1 or more sample units of 3
  pounds.


[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]



Sec.  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). The maximum percent of defective 
units of product or the maximum number of defects per hundred units of 
product which are acceptable as a process average. At the AQL's 
contained in the statistical sampling plans of this subpart, production 
has a probability of acceptance (``Pa'') of approximately 95 percent.
    (2) Acceptance sampling. Sampling inspection in which decisions are 
made to accept or reject product.
    (3) Attributes. A method of measurement whereby units of product are 
examined for the presence or absence of specified characteristics in 
each unit in the sample.
    (4) Defect. Any nonconformance of a unit of product from specified 
requirements of a single quality characteristic. Defects are classed as 
``minor,'' ``major,'' ``severe'' or ``critical'' depending upon the 
severity and undesirability of the defect.
    (5) Defective. A unit of product that has one or more defects.
    (6) Inspection by attributes. Inspection whereby a unit of product 
is classified as defective or nondefective or the number or defects in 
the unit of product is counted.
    (7) Standard sample unit size. A specified amount of product to be 
used for inspection.
    (b) Terms applicable to on-line inspection only.
    (1) Basic inspection period. A specified period of consecutive 
production designated for on-line inspection.
    (2) Cumulative Sum Sampling (CuSum) Plan. An on-line sampling plan 
that accumulates the number of defects (or defectives), which exceed the 
sample unit tolerance (``T''), in a series of consecutive samples. Terms 
specific to the CuSum sampling plan are:
    (i) Acceptance limit (``L''). The maximum accumulation of defects 
(or defectives) allowed to exceed the sample unit tolerance (``T'') in 
any sample unit or consecutive group of sample units.
    (ii) CuSum value. The accumulated number of defects (or defectives) 
that exceed the sample unit tolerance (``T'').
    (iii) Sample unit tolerance (``T''). The allowable number of defects 
(or defectives) in any sample unit.

[[Page 508]]

    (iv) Starting value (``S''). The initial CuSum value used to begin a 
CuSum sampling plan.
    (3) On-line sampling inspection. The random selection and subsequent 
inspection of sample units from a production line.
    (4) Probability of acceptance (``Pa''). The probability that a 
portion of production, with a given level of quality, will be accepted. 
In on-line sampling inspection, the probability of acceptance of any 
portion of production depends on the sample results obtained from the 
preceding portions. The probability of acceptance values associated with 
these procedures are the values which would be expected if a large 
number of sample units are to be inspected. For the CuSum plans 
referenced in these procedures, the probability of acceptance at the 
Acceptable Quality Level (AQL) is approximately 95 percent. The starting 
value (``S'') associated with each CuSum plan helps to make the 
probability of acceptance of the first portions of production of a basic 
inspection period as close as possible to 95 percent.
    (c) Terms applicable to lot inspection only.
    (1) Acceptance number. The largest number of defects (or defectives) 
in the sample that will permit acceptance of the inspection lot.
    (2) Inspection lot. Any number of containers of the same size and 
type which contain a processed product of the same type and style, 
manufactured or processed under essentially the same conditions, offered 
for inspection and acceptance at one time.
    (3) Probability of acceptance (``Pa''). The probability that an 
inspection lot, with a given level of quality, will be accepted.

[43 FR 10540, Mar. 14, 1978. Redesignated at 46 FR 63203, Dec. 31, 1981]



Sec.  52.38b  Statistical sampling procedures for on-line inspection by 
attributes of processed fruits and vegetables.

    (a) General. The Cumulative Sum Sampling Plan, hereinafter referred 
to as ``CuSum,'' shall be used as the on-line sampling plan for 
attributes standards under the following conditions.
    (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. The minimum number of standard sample 
units to be drawn at random shall be determined by the applicable 
sampling procedure as approved by the Administrator.
    (c) Determining CuSum values. At the beginning of the basic 
inspection period, the CuSum value is set equal to the starting value 
(``S'') for the specified CuSum plan. The CuSum value is then determined 
for each consecutive sample unit as follows:
    (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. (1) A portion of 
production meets the designated grade if the CuSum value, calculated 
from the sample unit representing that portion, is equal to or less than 
the acceptance limit (``L'') for all classes of defects.
    (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. Production 
failing a

[[Page 509]]

designated grade shall be reevaluated by procedures approved by the 
USDA.
    (f) Assigning a grade. (1) All similarly identified (e.g., codes, 
subcodes, etc.) production will be assigned the same 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. If the intended 
grade is redesignated during a basic inspection period, a new CuSum 
sampling plan shall be instituted for each class of defects (or 
defectives).
    (h) Cumulative Sum Sampling (CuSum) Plans for processed fruits and 
vegetables. (1) Tables VI through X contain the CuSum sampling plans for 
each of five different standard sample unit sizes. The plans within each 
table are listed according to increasing values of Acceptable Quality 
Levels (AQL's).
    (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]
------------------------------------------------------------------------
                                                          Quality levels
                                                         ---------------
               AQL                   S       T       L      Pa=     Pa=
                                                            50%     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]
------------------------------------------------------------------------
                                                          Quality levels
                                                         ---------------
               AQL                   S       T       L      Pa=     Pa=
                                                            50%     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
------------------------------------------------------------------------

[[Page 510]]

 
           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]
------------------------------------------------------------------------
                                                          Quality levels
                                                         ---------------
               AQL                   S       T       L      Pa=     Pa=
                                                            50%     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]
------------------------------------------------------------------------
                                                          Quality levels
                                                         ---------------
               AQL                   S       T       L      Pa=     Pa=
                                                            50%     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]
------------------------------------------------------------------------
                                                          Quality levels
                                                         ---------------
               AQL                   S       T       L      Pa=     Pa=
                                                            50%     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

[[Page 511]]

 
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]



Sec.  52.38c  Statistical sampling procedures for lot inspection of processed 
fruits and vegetables by attributes.

    (a) General. Single sampling plans shall be used as the lot sampling 
plan for attributes standards under either of the following conditions:
    (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. Samples shall be randomly selected from each 
inspection lot in the exact number of sample units indicated for the lot 
size in tables XI through XIV as applicable for canned, frozen, dried, 
or dehydrated fruits and vegetables.

   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]
----------------------------------------------------------------------------------------------------------------
                                                          Lot size (number of containers)
      Container size group       -------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
Group 1: Any type container of a  12,000 or less....       12,001-39,000       39,001-84,000      84,001-145,000
 volume not exceeding that of a
 No. 303 size can.
Group 2: Any type of container    6,000 or less.....        6,001-19,500       19,501-42,000       42,001-72,500
 of a volume exceeding that of a
 No. 303 size can but not
 exceeding that of a No. 3
 cylinder size can.
Group 3: Any type of container    3,000 or less.....         3,001-9,750        9,751-21,000       21,001-36,250
 of a volume exceeding that of a
 No. 3 cylinder size can, but
 not exceeding that of a No. 12
 size can.
----------------------------------------------------------------------------------------------------------------
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       6.................                  13                  21                  29
 (number of sample units).
----------------------------------------------------------------------------------------------------------------


   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]
----------------------------------------------------------------------------------------------------------------
                                                          Lot size (number of containers)
      Container size group       -------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
Group 1: Any type of container     9,600 or less....        9,601-31,200       31,201-67,200      67,201-116,000
 of 1 lb or less net weight.
Group 2: Any type of container     4,800 or less....        4,801-15,600       15,601-33,600       33,601-58,000
 over 1 lb but not over 2\1/2\
 lb net weight.
----------------------------------------------------------------------------------------------------------------

[[Page 512]]

 
Group 3: Any type of container over
Convert to equivalent number of 2\1/2\-lb. containers and use group 2
  2\1/2\ lbs.
----------------------------------------------------------------------------------------------------------------
Lot inspection: Sample size        6................                  13                  21                  29
 (number of sample units).
----------------------------------------------------------------------------------------------------------------


 Table XIII--Canned, Frozen, or Otherwise Processed Fruits, Vegetables, Related Products of a Comminuted, Fluid
                                              or Homogeneous State
                                                [Lot sample size]
----------------------------------------------------------------------------------------------------------------
                                                          Lot size (number of containers)
      Container size group       -------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
Group 1: Any type of container     18,000 or less...       18,001-58,500      58,501-126,000     126,001-217,000
 of 1 lb or less.
Group 2: Any type of container     12,000 or less...       12,001-39,000       39,001-84,000      84,001-145,000
 exceeding 1 lb. but not
 exceeding 60 oz.
Group 3: Any type of container     6,000 or less....        6,001-19,500       19,501-42,000       42,001-72,500
 exceeding 60 oz but not
 exceeding 10 lb.
----------------------------------------------------------------------------------------------------------------
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        6................                  13                  21                  29
 (number of sample units).
----------------------------------------------------------------------------------------------------------------


                           Table XIV--Dehydrated (Low-Moisture) Fruits, and Vegetables
                                                [Lot sample size]
----------------------------------------------------------------------------------------------------------------
                                                          Lot size (number of containers)
      Container size group       -------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
Group 1: Any type of container     7,200 or less....        7,201-23,400       23,401-50,400       50,401-87,000
 of 1 lb or less net weight.
Group 2: Any type of container     2,400 or less....         2,401-7,800        7,801-16,800       16,801-29,000
 over 1 lb but not over 6 lb net
 weight.
----------------------------------------------------------------------------------------------------------------
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        6................                  13                  21                  29
 (number of sample units).
----------------------------------------------------------------------------------------------------------------

    (c) Determining compliance. (1) An inspection lot meets the 
requirements of a quality grade if the number of defects (or defectives) 
is equal to or less than the acceptance numbers of all classes of 
defects.
    (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. 
(1) Tables XV through XIX contain the lot single sampling plans for each 
of five different standard sample unit sizes. The plans within each 
table are listed according to increasing values of Acceptable Quality 
Levels (AQL's).
    (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

[[Page 513]]

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 Sec.  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

[[Page 514]]

 
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]



Sec.  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]



Sec.  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



Sec.  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

[[Page 515]]

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]



Sec.  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. The total AMS inspection program personnel direct 
pay divided by direct hours, which is then multiplied by the next year's 
percentage of cost of living increase, plus the benefits rate, plus the 
operating rate, plus the allowance for bad debt rate. If applicable, 
travel expenses may also be added to the cost of providing the service.
    (2) Overtime rate. The total AMS inspection program personnel direct 
pay divided by direct hours, which is then multiplied by the next year's 
percentage of cost of living increase and then multiplied by 1.5 plus 
the benefits rate, plus the operating rate, plus an allowance for bad 
debt. If applicable, travel expenses may also be added to the cost of 
providing the service.
    (3) Holiday rate. The total AMS inspection program personnel direct 
pay divided by direct hours which is then multiplied by the next year's 
percentage of cost of living increase and then multiplied by 2, plus 
benefits rate, plus the operating rate, plus an allowance for bad debt. 
If applicable, travel expenses may also be added to the cost of 
providing the service.
    (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. The total AMS inspection program direct benefits 
costs divided by the total hours (regular, overtime, and holiday) 
worked, which is then multiplied by the next calendar year's percentage 
cost of living increase. Some examples of direct benefits are health 
insurance, retirement, life insurance, and Thrift Savings Plan (TSP) 
retirement basic and matching contributions.
    (2) Operating rate. The total AMS inspection program operating costs 
divided by total hours (regular, overtime, and holiday) worked, which is 
then multiplied by the percentage of inflation.
    (3) Allowance for bad debt rate. Total AMS inspection program 
allowance for bad debt divided by total hours (regular, overtime, and 
holiday) worked.
    (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]



Sec.  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, That 
if the employee is an employee of a state, the appropriate authority of 
the state may make the collection.

[48 FR 12326, Mar. 24, 1983]



Sec.  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 Sec.  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]

[[Page 516]]



Sec.  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 Sec.  52.43, the fees and charges 
for inspection services with respect to such lot shall be the applicable 
fees and charges prescribed in Sec.  52.42.

[48 FR 12326, Mar. 24, 1983]



Sec.  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, That, 
if the result of any appeal inspection made for any applicant other than 
the United States or any agency or instrumentality thereof, discloses 
that a material error was made in the inspection on which the appeal is 
made, no inspection fee shall be assessed.



Sec.  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]



Sec.  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 Sec. Sec.  52.42 and 52.51.

[72 FR 10037, Mar. 7, 2007]



Sec.  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\ hour per copy in 
accordance with the rate in Sec.  52.42: Provided, that no charge shall 
be made for one copy if requested at the time of the original request 
for inspection. Inspection certificates issued in accordance with Sec.  
52.21 may be supplied to any financially interested party at a charge of 
\1/2\ hour per certificate for each seven (7), or fewer copies in 
accordance with the rate in Sec.  52.42.

[54 FR 50732, Dec. 11, 1989]



Sec.  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 Sec.  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]



Sec.  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 Sec.  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.) for 
the making of inspections pursuant to said agreement or order on

[[Page 517]]

such basis as will reimburse the Agricultural Marketing Service of the 
Department for the full cost of rendering such inspection service based 
on the formulas in Sec.  52.42. Likewise, the Administrator may enter 
into a written memorandum of understanding or contract, whichever may be 
appropriate, with an administrative agency charged with an 
administration of a similar program operated pursuant to the laws of any 
State.
    (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 Sec.  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 Sec.  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 citations affecting Sec.  
52.51, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.

                              Miscellaneous



Sec.  52.53  Approved identification.

    (a) General. Use of the approved identification marks described and 
illustrated in Figures 1 through 10 of this section is restricted to 
processed products that:
    (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. The official 
marks approved for use by plants operating under USDA continuous 
inspection service contracts shall be similar in form and design to the 
examples in Figures 1 through 10 of this section: Provided, That the 
official marks illustrated by figures 8 and 9 are limited to products 
packed by plants operating under an approved Quality Assurance type of 
inspection contract: And provided further, That the inspection marks 
illustrated in figures 1 through 4 may only be used on products packed 
by plants operating under USDA continuous inspection.

[[Page 518]]

[GRAPHIC] [TIFF OMITTED] TC02SE91.048

[GRAPHIC] [TIFF OMITTED] TC02SE91.049

[GRAPHIC] [TIFF OMITTED] TC02SE91.050

[GRAPHIC] [TIFF OMITTED] TC02SE91.051

    (c) In-plant inspection (other than continuous) grade and inspection 
marks. The official marks approved for use by plants operating under 
USDA inspection service contracts (other than continuous) requiring a 
resident inspector shall be limited to those similar in form and design 
to the examples in Figures 5 through 14 of this section; Provided: That 
the official marks illustrated by Figures 9 and 10 are limited to 
products packed by plants operating under an approved Quality Assurance 
type of an inspection contract.
[GRAPHIC] [TIFF OMITTED] TC02SE91.052


[[Page 519]]


[GRAPHIC] [TIFF OMITTED] TC02SE91.053

[GRAPHIC] [TIFF OMITTED] TC02SE91.054

[GRAPHIC] [TIFF OMITTED] TC02SE91.055

[GRAPHIC] [TIFF OMITTED] TC02SE91.056


[[Page 520]]


[GRAPHIC] [TIFF OMITTED] TC02SE91.057

    (d) ``Approved plant-lot inspection'' grade and inspection marks. 
Processed products that are produced in an approved plant as defined in 
Sec.  52.2 and inspected and certified by an inspector on a lot basis 
may be labeled with an official mark as defined in Sec.  52.3 when 
adequate control and use is approved. The use of official marks for this 
type of service is restricted to grade marks (with or without plain 
shield) and/or the statement ``Inspected by the U.S. Department of 
Agriculture'' (with or without plain shield). The official marks shall 
be similar in form and design as illustrated in figures 11 through 14. 
Failure to have all lots bearing official marks either inspected and 
certified or certified as produced in an approved plant shall cause the 
debarment of the user from receiving subsequent services, and such other 
actions as provided for in the Agricultural Marketing Act of 1946.
[GRAPHIC] [TIFF OMITTED] TC02SE91.060

[GRAPHIC] [TIFF OMITTED] TC02SE91.061


[[Page 521]]


[GRAPHIC] [TIFF OMITTED] TC02SE91.062

[GRAPHIC] [TIFF OMITTED] TC02SE91.063

    (e) Sampling marks. Processed products which have been sampled for 
inspection as provided in this part may, at the option of the 
Department, be identified by an authorized representative of the 
Department. The products are identified by stamping the container(s) 
comprising such lot(s), with an official ``sampling mark'', similar in 
form and design to the example in figure 15 of this section. The 
``sampling marks'' will identify products officially sampled by a 
particular field office. Such mark will include a code identifying the 
field office performing the sampling.
[GRAPHIC] [TIFF OMITTED] TC02SE91.058

    (f) Removal of labels bearing approved grade or inspection marks. 
(1) At the time a lot of processed products bearing approved grade or 
inspection marks is found to be mislabeled, the processor shall separate 
and retain such lot for relabeling. Removal and replacement of labels 
shall be done, under the supervision of a USDA inspector, within the 
time specified by the Administrator or as may be mutually agreed by the 
processor and the Administrator.
    (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. The 
Administrator may issue licenses permitting the manufacture, 
identification, and sale of any official device designated as a USDA 
color standard, defect guide or other similar aid under such terms and 
conditions as may be specified by the Administrator. Licenses shall be 
available to all persons meeting conditions prescribed by the 
Administrator, shall be nonexclusive, and shall be recoverable for 
cause. No person shall manufacture, identify, distribute or sell any 
such official device except at the direction of

[[Page 522]]

or under license from the Administrator. Such official devices may be 
marked, tagged or otherwise designated with the prefix ``USDA'' together 
with other identifying words or symbols, as prescribed by the license.
    (h) Prohibited uses of approved identification. Except as specified 
in this section, no label or advertising material used upon, or in 
conjunction, with a processed product, as defined by these Regulations, 
shall bear a brand name, trademark, product name, company name, or any 
other descriptive material that incorporates, resembles, simulates, or 
alludes to, any official U.S. Department of Agriculture certificate of 
quality or loading, grade mark, grade statement (except honey and maple 
syrup which may bear such grade mark or statement), continuous 
inspection mark, continuous inspection statement, sampling mark or 
sampling statement, or combinations of one or more thereof.
    (i) Disposition of labels bearing approved grade or inspection marks 
when a contract is cancelled. Upon cancellation of a contract, labels 
bearing approved grade or inspection marks shall remain under the 
control of the inspection service. The inspection service will approve 
disposition of said labels for destruction, sale or transfer to another 
approved plant, remove or obliterate the grade or inspection mark, or 
other action as may be agreed upon by all interested parties.

[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]



Sec.  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 
Sec. Sec.  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. Any misrepresentation or deceptive 
or fraudulent practice or act found to be made or committed in 
connection with:
    (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. Willful 
violation of the provisions of this part of the Act.
    (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.

[[Page 523]]

    (3) Interfering with an inspector, inspector's aid, or licensed 
sampler. Any interference with, obstruction of, or attempted 
interference with, or attempted obstruction of any inspector, 
inspector's aide, or licensed sampler in the performance of his duties 
by intimidation, threat, assault, bribery, or any other means--real or 
imagined.

[76 FR 253, Jan. 4, 2011]



Sec.  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.



Sec.  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]



Sec.  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.



Sec.  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.



Sec.  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\ Compliance with the above requirements does not excuse failure 
to comply with all applicable sanitary rules and regulations of city, 
county, State, Federal, or other agencies having jurisdiction over such 
plants and operations.

    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.



Sec.  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 Sec. Sec.  52.81 through 52.83; and
    (b) The terms and provisions of any contract pursuant to which the 
service is to be performed: Provided, That, such survey(s) shall be 
repeated at least yearly.



Sec.  52.82  Basis of survey and plant inspection.

    The plant survey and inspection will be based on the Regulations 
issued

[[Page 524]]

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.



Sec.  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_United States Standards for Grades of Canned Red Tart Pitted 
                              Cherries \1\
---------------------------------------------------------------------------

    \1\ Compliance with the provisions of the standards shall not excuse 
failure to comply with the provisions of the Federal Food, Drug, and 
Cosmetic Act, or with applicable State laws and regulations.

    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



Sec.  52.771  Identity.

    Canned red tart pitted cherries is the product represented as 
defined in the standard of identity for canned cherries (21 CFR 
145.125(a)), issued pursuant to the Federal Food, Drug, and Cosmetic 
Act, and packed in one of the liquid media specified in Sec.  52.773; 
and is sealed in a hermetically sealed container and so processed by 
heat as to prevent spoilage.



Sec.  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\ inch (14 mm) in 
diameter.
    (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\ inch (14 mm) in 
diameter.
    (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



Sec.  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

[[Page 525]]

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   28[deg] or more but not more
 sweetened fruit juice(s) and water;'' or    than 45[deg].
 ``Extra heavily sweetened fruit
 juice(s).''.
``Heavy sirup;'' or ``Heavily sweetened     22[deg] or more but less
 fruit juice(s) and water;'' or ``Heavily    than 28[deg].
 sweetened fruit juice(s).''.
``Light sirup;'' or ``Lightly sweetened     18[deg] or more but less
 fruit juice(s) and water;'' or ``Lightly    than 22.
 sweetened fruit juice(s).''.
``Slightly sweetened water;'' or            Less than 18[deg].
 ``Slightly sweetened fruit juice(s) and
 water;'' or ``Slightly sweetened fruit
 juice(s).''.
``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 [deg]C. (68 [deg]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



Sec.  52.774  Fill of container.

    (a) FDA requirements. Canned red tart pitted cherries shall meet the 
fill of container requirements as set forth in the regulations of the 
Food and Drug Administration (21 CFR 145.125(c)).
    (b) Recommended minimum drained weights--(1) General. The minimum 
drained weight recommendations for the various container sizes and types 
of packing media as listed in Table I of this section are not 
incorporated in the grades of the finished product since drained weight, 
as such, is not a factor of quality for the purpose of these grades.
    (2) Definitions.

Sample average--Average of all the drained weights of the sample 
containers representing a lot.
Xd--A specified minimum sample average drained weight.
LL--Lower limit for individual container drained weight.

    (3) Method for ascertaining drained weight. The drained weight of 
canned red tart pitted cherries is determined by emptying the contents 
of the container upon a U.S. Standard No. 8 circular sieve of proper 
diameter containing eight meshes to the inch (0.0937 inch (2.3 mm), 
3 percent, square openings) so as to distribute 
the product evenly over the sieve. Without shifting the product, incline 
the sieve at an angle of 17[deg] to 20[deg] to facilitate drainage and 
allow to drain for two minutes. The weight of drained cherries is the 
weight of the sieve and product less the weight of the dry sieve. A 
sieve eight inches in diameter is used for No. 3 size containers (404 x 
414) and smaller, and a sieve 12 inches in diameter is used for 
containers larger than No. 3 size containers.
    (4) Compliance with recommended minimum drained weights. A lot of 
canned red tart pitted cherries is considered as meeting the minimum 
drained weight recommendations when the following criteria are met:
    (i) The sample average meets the specified minimum sample average 
drained weight (designated as ``Xd'' in Table I); and
    (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--(1) General. The minimum fill weight 
recommendations for the various container sizes in Table III of this 
section are not incorporated in the grades of the finished product since 
fill weight, as such, is not a factor of quality for the purpose of 
these grades.

[[Page 526]]



 Table I--Recommended Minimum Drained Weights for Canned Red Tart Pitted
                                Cherries
------------------------------------------------------------------------
                                       Packed in water    Packed in any
                                       or cherry juice      sirup or
                                          (ounces)          slightly
        Container designation        ------------------  sweetened water
                                                            (ounces)
                                         LL       Xd   -----------------
                                                           LL       Xd
------------------------------------------------------------------------
No. 303 (303 x 406).................     10.7     11.0      9.9     10.2
No. 303 Cylinder (303 x 509)........     14.0     14.4     12.7     13.1
No. 2 (307 x 409)...................     13.1     13.5     12.3     12.7
No. 10 (603 x 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.
LRLx......................................  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.
Rmax......................................  A specified maximum range
                                             for subgroups.
------------------------------------------------------------------------

    (3) Method for ascertaining fill weight. The fill weight of canned 
red tart pitted cherries is determined in accordance with the U.S. 
Standards for Inspection by Variable and the U.S. Standards for 
Determination of Fill Weights.
    (4) Compliance with recommended fill weights. Compliance with the 
recommended fill weights for canned red tart pitted cherries shall be in 
accordance with the U.S. Standards for Inspection by Variables and the 
U.S. Standards for Determination of Fill Weights.

                  Table III--Recommended Fill Weight Values for Canned Red Tart Pitted Cherries
----------------------------------------------------------------------------------------------------------------
                                                              Fill weight values in ounces
                                       -------------------------------------------------------------------------
         Container designation                                                                          Sampling
                                         X'min     LWLx     LRLx     LWL      LRL       R'      Rmax   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



Sec.  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



Sec.  52.776  Ascertaining the grade of a sample unit.

    (a) General. The grade of a sample unit of canned red tart pitted 
cherries is ascertained by considering the factor of flavor and odor of 
the product and the requirement for size (in U.S. Grade A and U.S. Grade 
B) which are not scored; the ratings for the factors of color, freedom 
from pits, defects, and character, which are scored; and the limiting 
rules which may be applicable.
    (b) Factors rated by score points. The relative importance of each 
factor which is scored is expressed numerically on the scale of 100. The 
maximum number of points that may be given each factor is:

------------------------------------------------------------------------
                             Factors                              Points
------------------------------------------------------------------------
Color...........................................................      20
Freedom from pits...............................................      20
Defects.........................................................      30
Character.......................................................      30
                                                                 -------
  Total score...................................................     100
------------------------------------------------------------------------


[[Page 527]]

    (c) Definition. ``Normal flavor and odor'' means that the flavor and 
odor are characteristic of canned red tart pitted cherries and that the 
product is free from objectionable flavors and objectionable odors of 
any kind.



Sec.  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).



Sec.  52.778  Color.

    (a) (A) classification. Canned red tart pitted cherries that have a 
good color may be given a score of 18 to 20 points. ``Good color'' means 
a practically uniform color that is bright and typical of canned red 
tart pitted cherries which have been prepared and processed from 
properly ripened cherries.
    (b) (B) classification. Canned red tart pitted cherries that have a 
reasonably good color may be given a score of 16 or 17 points. 
``Reasonably good color'' means a reasonably uniform color, typical of 
canned red tart pitted cherries which have been properly prepared and 
processed and which color may range from a slight yellowish-red color to 
a slightly mottled reddish brown.
    (c) (C) classification. Canned red tart pitted cherries that have a 
fairly good color may be given a score of 14 or 15 points. Canned red 
tart pitted cherries that fall into this classification shall not be 
graded above U.S. Grade C, regardless of the total score for the product 
(this is a limiting rule). ``Fairly good color'' means a fairly uniform 
color typical of canned red tart pitted cherries which have been 
properly processed and which color may range from a brownish cast to 
mottled shades of brown.
    (d) (SStd.) classification. Canned red tart pitted cherries that 
fail to meet the color requirements for U.S. Grade C may be given a 
score of 0 to 15 points and shall not be graded above Substandard, 
regardless of the total score for the product (this is a limiting rule).



Sec.  52.779  Freedom from pits.

    (a) General. The factor of freedom from pits refers to the incidence 
of pits and pit fragments.
    (b) Definitions. (1) A pit, for the purposes of the allowances in 
this section, is a whole cherry pit or portions of pits computed as 
follows:
    (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 means pitted cherries that have been drained of 
packing medium by the method prescribed in this subpart.
    (c) (A) classification. Canned red tart pitted cherries that are 
practically free from pits may be given a score of 18 to 20 points. 
``Practically free from pits'' means that the number of pits that may be 
present in the drained cherries does not exceed the allowances for this 
classification as set forth in Table IV.
    (d) (B) classification. Canned red tart pitted cherries that are 
reasonably free from pits may be given a score of 16 or 17 points. 
Canned red tart pitted cherries that fall into this classification shall 
not be graded above U.S. Grade B, regardless of the total score for the 
product (this is a limiting rule). ``Reasonably free from pits'' means 
that the number of pits that may be present does not exceed the 
allowances for this classification as set forth in Table IV.
    (e) (C) classification. Canned red tart pitted cherries that are 
fairly free from pits may be given a score of 14 or 15 points. Canned 
red tart pitted cherries that fall into this classification shall not be 
graded above U.S. Grade C, regardless of the total score for the product 
(this is a limiting rule). ``Fairly free from pits'' means that the 
number of pits that may be present in the

[[Page 528]]

drained cherries does not exceed the allowances for this classification 
as set forth in Table IV.
    (f) (SStd.) classification. Canned red tart pitted cherries that 
fail to meet the requirements of U.S. Grade C may be given a score of 0 
to 13 points and shall not be graded above Substandard, regardless of 
the total score for the product (this is a limiting rule).



Sec.  52.780  Defects.

    (a) General. The factor of defects refers to the degree of freedom 
from harmless extraneous material, mutilated cherries, and cherries 
blemished by scab, hail injury, discoloration, scar tissue, or by other 
means.
    (1) Cherry means a whole cherry, whether or not pitted, or portions 
of such cherries which in the aggregate approximate the average size of 
the cherries.
    (2) Harmless extraneous material means any vegetable substance 
(including, but not being limited to, a leaf or a stem, and any portions 
thereof) that is harmless.
    (3) Mutilated cherry means a cherry that is so pitter-torn or 
damaged by other means that the entire pit cavity is exposed and the 
appearance of the cherry is seriously affected.
    (4) Minor blemished cherry means any cherry blemished with skin 
discoloration (other than scald) having an aggregate area of a circle 
\9/32\ inch (7 mm) or less in diameter which more than slightly affects 
the appearance of the cherry but does not extend into the fruit tissue.
    (5) Blemished cherry means any cherry blemished by skin 
discoloration (other than scald) which in the aggregate exceeds the area 
of a circle \9/32\ inch (7 mm) in diameter. A cherry affected by skin 
discoloration extending into the fruit tissue or by scab, hail injury, 
scar tissue, or other abnormality, regardless of size, is considered a 
blemished cherry.
    (b) (A) classification. Canned red tart pitted cherries that are 
practically free from defects may be given a score of 27 to 30 points. 
``Practically free from defects'' means that the number of defects that 
may be present does not exceed the number specified for the type of 
defects in Table IV.
    (c) (B) classification. Canned red tart pitted cherries that are 
reasonably free from defects may be given a score of 24 to 26 points. 
Canned red tart pitted cherries that fall into this classification may 
not be graded above U.S. Grade B, regardless of the total score for the 
product (this is a limiting rule). ``Reasonably free from defects'' 
means that the number of defects that may be present does not exceed the 
number specified for the type of defects in Table IV.
    (d) (C) classification. If the canned red tart pitted cherries are 
fairly free from defects, a score of 21 to 23 points may be given. 
Canned red tart pitted cherries that fall into this classification shall 
not be graded above U.S. Grade C, regardless of the total score for the 
product (this is a limiting rule). ``Fairly free from defects'' means 
that the number of defects that may be present does not exceed the 
number specified for the type of defects in Table IV.
    (e) (SStd.) classification. Canned red tart pitted cherries that 
fail to meet the requirements for Grade C for any reason may be given a 
score of 0 to 20 points and shall not be graded above Substandard, 
regardless of the total score for the product (this is a limiting rule).



Sec.  52.781  Character.

    (a) General. The factor of character refers to the physical 
characteristics of the flesh of the cherries.
    (b) (A) classification. Canned red tart pitted cherries that have a 
good character may be given a score of 27 to 30 points. ``Good 
character'' means that the cherries are thick-fleshed and have a firm, 
tender texture.
    (c) (B) classification. Canned red tart pitted cherries that have a 
reasonably good character may be given a score of 24 to 26 points. 
Canned red tart pitted cherries that fall into this classification shall 
not be graded above U.S. Grade B, regardless of the total score for the 
product (this is a limiting rule). ``Reasonably good character'' means 
that the cherries may be reasonably thick-fleshed and may be slightly 
soft.
    (d) (C) classification. Canned red tart pitted cherries that have a 
fairly good character may be given a score of 21 to

[[Page 529]]

23 points. Canned red tart pitted cherries that fall into this 
classification shall not be graded above U.S. Grade C, regardless of the 
total score for the product (this is a limiting rule). ``Fairly good 
character'' means that the cherries may be thin-fleshed, and may be soft 
but not mushy, or slightly tough but not leathery.
    (e) (SStd.) classification. Canned red tart pitted cherries that 
fail to meet the requirements for U.S. Grade C may be given a score of 0 
to 20 points and shall not be graded above Substandard, regardless of 
the total score for the product (this is a limiting rule).

                     Allowances for Quality Factors



Sec.  52.782  Allowances for quality factors.

                                                        Table IV--Allowances for Quality Factors
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Maximum number permissible for the respective grade
            Factor             Sample unit size --------------------------------------------------------------------------------------------------------
                                                         A                 A                 B                B                C                C
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pits.........................  20 ozs..........  Not more than 2   Sample average 1  Not more than 3   Sample average   4 or more in     Sample average
                                                  in any sample     per 40 ozs.       in any sample     1 per 30 ozs.    any sample       1 per 20 ozs.
                                                  unit.                               unit.                              unit.
Defects:                       100 cherries....
  Total--multilated, plus      ................  10..............  ................  15..............  ...............  20.............
   minor blemished plus
   blemished..
    of which
  Blemished--limited to......  ................  3...............  ................  7...............  ...............  15.............
    Harmless extraneous        Total contents..  Average 1 piece   ................  Average 1.5       ...............  Average 3 piece
     material.                                    per 60 oz. net                      pieces per 60                      per 60 oz. net
                                                  contents.                           oz. net                            contents.
                                                                                      contents.
--------------------------------------------------------------------------------------------------------------------------------------------------------

                             Lot Compliance



Sec.  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 (Sec. Sec.  52.1 to 52.87).

                               Score Sheet



Sec.  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\ 14-
                                                                      15
                                    ...  (SStd.)                  \2\ 0-
                                                                      13
Freedom from pits.................   20  (A)                       18-20
                                         (b)                     \2\ 16-
                                         (C)                          17
                                         (SStd.)                 \2\ 14-
                                                                      15
                                                                  \2\ 0-
                                                                      13
Freedom from defects..............   30  (A)                       27-30
                                         (B)                     \2\ 24-
                                         (C)                          26
                                         (SStd.)                 \2\ 21-
                                                                      23
                                                                  \2\ 0-
                                                                      20
Character.........................   30  (A)                       27-30
                                    ...  (B)                     \2\ 24-
                                                                      26
                                    ...  (C)                     \2\ 21-
                                                                      23
                                    ...  (SStd.)                  \2\ 0-
                                                                      20
                                   -----
  Total score.....................  100
------------------------------------------------------------------------
Normal flavor..................................................
Grade..........................................................
------------------------------------------------------------------------
 
\1\ See size limitation for U.S. Grade A and U.S. Grade B.
\2\ Indicates limiting rule.


[[Page 530]]



  Subpart_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



Sec.  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.



Sec.  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\ inch (14 mm) in diameter, and that:
    (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\ inch (14 mm) in diameter, and that:
    (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



Sec.  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



Sec.  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 means that the flavor is characteristic of frozen 
red tart

[[Page 531]]

pitted cherries and that the product is free from objectionable flavors 
of any kind.



Sec.  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).



Sec.  52.806  Color.

    (a) (A) classification. Frozen red tart pitted cherries that possess 
a good red color may be given a score of 27 to 30 points. ``Good red 
color'' means that the frozen cherries possess a color that is bright 
and typical of properly ripened cherries and that is practically uniform 
in that the number of cherries that vary markedly from this color due to 
oxidation, improper processing, or other causes, or that are 
undercolored, does not exceed the number specified in Table I.
    (b) (B) classification. Frozen red tart pitted cherries that possess 
a reasonably good red color may be given a score of 24 to 26 points. 
Frozen red tart pitted cherries that fall into this classification shall 
not be graded above U.S. Grade B, regardless of the total score for the 
product (this is a limiting rule). ``Reasonably good red color'' means 
that the cherries possess a color that is reasonably bright and typical 
of properly ripened cherries and that is reasonably uniform in that the 
number of cherries that vary markedly from this color due to oxidation, 
improper processing, or other causes, or that are undercolored, does not 
exceed the number specified in Table I.
    (c) (C) classification. If the frozen red tart pitted cherries 
possess a fairly good red color, a score of 21 to 23 points may be 
given. Frozen red tart pitted cherries that fall into this 
classification shall not be graded above U.S. Grade C, regardless of the 
total score for the product (this is a limiting rule). ``Fairly good red 
color'' means that the frozen cherries possess a color that is fairly 
bright and typical of properly ripened cherries and that is fairly 
uniform in that the number of cherries that vary markedly from this 
color due to oxidation, improper processing, or other causes, or that 
are undercolored, does not exceed the number specified in Table I.
    (d) (SStd.) classification. Frozen red tart pitted cherries that 
fail to meet the requirements of U.S. Grade C may be given a score of 0 
to 20 points and shall not be graded above Substandard, regardless of 
the total score for the product (this is a limiting rule).



Sec.  52.807  Freedom from pits.

    (a) General. The factor of freedom from pits refers to the incidence 
of pits and pit fragments.
    (b) Definitions. (1) A ``pit'' for the purpose of the allowances in 
this subpart is a whole pit or portions of pits computed as follows:
    (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 means pitted cherries that are substantially 
free from any adhering sirup, sugar, or other packing medium.
    (c) (A) classification. Frozen red tart pitted cherries that are 
practically free from pits may be given a score of 18 to 20 points. 
``Practically free from pits'' means that the number of pits that may be 
present does not exceed the allowances for this classification specified 
in Table I.
    (d) (B) classification. Frozen red tart pitted cherries that are 
reasonably free from pits may be given a score of 16 or 17 points. 
Frozen red tart pitted cherries that fall into this classification shall 
not be graded above U.S. Grade B, regardless of the total score for the 
product (this is a limiting rule). ``Reasonably free from pits'' means 
that the

[[Page 532]]

number of pits that may be present does not exceed the number specified 
in Table I.
    (e) (C) classification. Frozen red tart pitted cherries that are 
fairly free from pits may be given a score of 14 or 15 points. Frozen 
red tart pitted cherries that fall into this classification shall not be 
graded above U.S. Grade C, regardless of the total score for the product 
(this is a limiting rule). ``Fairly free from pits'' means that the 
number of pits that may be present does not exceed the number specified 
in Table I.
    (f) (SStd.) classification. Frozen red tart pitted cherries that 
fail to meet the requirements for U.S. Grade C may be given a score of 0 
to 13 points and shall not be graded above Substandard, regardless of 
the total score for the product (this is a limiting rule).



Sec.  52.808  Freedom from defects.

    (a) General. The factor of freedom from defects refers to the degree 
of freedom from harmless extraneous material, mutilated cherries, and 
cherries blemished by scab, hail injury, discoloration, scar tissue, or 
by other means.
    (1) Cherry means a whole cherry, whether or not pitted, or portions 
of such cherries which in the aggregate approximate the average size of 
the cherries.
    (2) Harmless extraneous material means any vegetable substance 
(including, but not being limited to, a leaf or a stem and any portions 
thereof) that is harmless.
    (3) Mutilated cherry means a cherry that is so pitter-torn or 
damaged by other means that the entire pit cavity is exposed and the 
appearance of the cherry is seriously affected.
    (4) Minor blemished cherry means any cherry blemished with 
discoloration (other than scald) having an aggregate area of a circle 
\9/32\ inch (7 mm) or less in diameter which more than slightly affects 
the appearance of the cherry but does not extend into the fruit tissue.
    (5) Blemished cherry means any cherry blemished by skin 
discoloration (other than scald) which in the aggregate exceeds the area 
of a circle \9/32\ inch (7 mm) in diameter. A cherry affected by skin 
discoloration extending into the fruit tissue or by scab, hail injury, 
scar tissue, or other abnormality, regardless of size, is considered a 
blemished cherry.
    (b) (A) classification. Frozen red tart pitted cherries that are 
practically free from defects may be given a score of 18 to 20 points. 
``Practically free from defects'' means that the number of defects that 
may be present does not exceed the number specified for the applicable 
type of defect in Table I.
    (c) (B) classification. Frozen red tart pitted cherries that are 
reasonably free from defects may be given a score of 16 or 17 points. 
Frozen red tart pitted cherries that fall into this classification shall 
not be graded above U.S. Grade B, regardless of the total score for the 
product (this is a limiting rule). ``Reasonably free from defects'' 
means that the number of defects that may be present does not exceed the 
number specified for the applicable type of defect in Table I.
    (d) (C) classification. Frozen red tart pitted cherries that are 
fairly free from defects may be given a score of 14 or 15 points. Frozen 
red tart pitted cherries that fall into this classification shall not be 
graded above U.S. Grade C, regardless of the total score for the product 
(this is a limiting rule). ``Fairly free from defects'' means that the 
number of defects that may be present does not exceed the number 
specified for the applicable type of defect in Table I.
    (e) (SStd.) classification. Frozen red tart pitted cherries that 
fail to meet the requirements for Grade C may be given a score of 0 to 
13 points and shall not be graded above Substandard, regardless of the 
total score for the product (this is a limiting rule).



Sec.  52.809  Character.

    (a) General. The factor of character refers to the physical 
characteristics of the flesh of the cherries.
    (b) (A) classification. Frozen red tart pitted cherries that have a 
good character may be given a score of 27 to 30 points. ``Good 
character'' means that the cherries are thick-fleshed and have a firm, 
tender texture.
    (c) (B) classification. Frozen red tart pitted cherries that have a 
reasonably good character may be given a score of 24 to 26 points. 
Frozen red tart pitted

[[Page 533]]

cherries that fall into this classification shall not be graded above 
U.S. Grade B, regardless of the total score for the product (this is a 
limiting rule). ``Reasonably good character'' means that the cherries 
may be reasonably thick-fleshed and slightly soft.
    (d) (C) classification. Frozen red tart pitted cherries that have a 
fairly good character may be given a score of 21 to 23 points. Frozen 
red tart pitted cherries that fall into this classification shall not be 
graded above U.S. Grade C, regardless of the total score for the product 
(this is a limiting rule). ``Fairly good character'' means that the 
cherries may be thin-fleshed and may be soft but not mushy, or slightly 
tough but not leathery.
    (e) (SStd.) classification. Frozen red tart pitted cherries that 
fail to meet the requirements for Grade C may be given a score of 0 to 
20 points and shall not be graded above Substandard, regardless of the 
total score for the product (this is a limiting rule).

                     Allowances for Quality Factors



Sec.  52.810  Allowances for quality factors.

                                     Table I--Allowances for Quality Factors
----------------------------------------------------------------------------------------------------------------
                                                          Maximum number permissible for the respective grade
             Factor                Sample unit size  -----------------------------------------------------------
                                                               A                   B                   C
----------------------------------------------------------------------------------------------------------------
Color:
  Vary markedly or undercolored.  100 cherries......  12................  18................  25.
Pits............................  20 ozs............  Not more than 2 in  Not more than 3 in  4 or more in any
                                                       any sample unit.    any sample unit.    sample unit.
                                                       Sample average 1    Sample average 1    Sample average 1
                                                       per 40 ozs.         per 30 ozs.         per 20 ozs.
Defects:
    Total-mutilated, minor        100 cherries......  10................  15................  20.
     blemished, and blemished of
     which.
  Blemished--limited to.........  ..................  3.................  7.................  15.
  Harmless extraneous material..  20 ozs............  Average 1 piece     Average 1 piece     Average 1 piece
                                                       per 60 oz. net      per 40 oz. net      per 20 oz. net
                                                       contents.           contents.           contents.
----------------------------------------------------------------------------------------------------------------

                             Lot Compliance



Sec.  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 (Sec. Sec.  52.1 through 52.83).

                               Score Sheet



Sec.  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\ 24-
                                                                      26
                                        ...  (C)                 \2\ 21-
                                                                      23
                                        ...  (SStd.)              \2\ 0-
                                                                      20
Freedom from pits.....................   20  (A)                   18-20
                                        ...  (B)                 \2\ 16-
                                                                      17
                                        ...  (C)                 \2\ 14-
                                                                      15
                                        ...  (SStd.)              \2\ 0-
                                                                      13
Freedom from defects..................   20  (A)                   18-20
                                        ...  (B)                 \2\ 16-
                                                                      17
                                        ...  (C)                 \2\ 14-
                                                                      15
                                        ...  (SStd.)              \2\ 0-
                                                                      13
Character.............................   30  (A)                   27-30
                                        ...  (B)                 \2\ 24-
                                                                      26
                                        ...  (C)                 \2\ 21-
                                                                      23
                                        ...  (SStd.)              \2\ 0-
                                                                      20
                                       -----
   Total score........................  100
------------------------------------------------------------------------
Normal flavor..................................................
Grade..........................................................
------------------------------------------------------------------------
 
\1\ See size limitation for U.S. Grade A and U.S. Grade B.
\2\ Indicates limiting rule.


[[Page 534]]



           Subpart_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



Sec.  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.



Sec.  52.1002  Styles of dates.

    (a) Whole or whole dates means whole unpitted dates from which the 
pits have not been removed and which may be slit longitudinally.
    (b) Pitted or pitted dates means whole dates from which the pits 
have been removed.
    (c) Pieces or date pieces means dates that have been cut or sliced 
into small pieces and that can be handled as individual units.
    (d) Macerated or macerated dates means dates that have been ground, 
chopped, mashed, or broken or that have been cut or sliced into small 
pieces and that cannot be handled as individual units.



Sec.  52.1003  Grades of dates.

    (a) U.S. Grade A or U.S. Fancy is the quality of whole or pitted 
dates that are of one variety, that possess a good color, that are 
practically uniform in size, that are practically free from defects, 
that possess a good character, and that 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 whole or pitted 
dates other than whole dry dates for processing that are of one variety, 
that possess a reasonably good color, that are reasonably uniform in 
size, that are reasonably free from defects, that possess a reasonably 
good character, and that score not less than 80 points when scored in 
accordance with the scoring system outlined in this subpart.
    (c) U.S. Grade B (Dry) or U.S. Choice (Dry) is the quality of whole 
dry dates for processing that are of one variety, that possess a 
reasonably good color, that are reasonably uniform in size, that are 
reasonably free from defects, that possess a reasonably good character, 
and that score not less than 80 points when scored in accordance with 
the scoring system outlined in this subpart.
    (d) U.S. Grade C or U.S. Stand- ard is the quality of whole or 
pitted dates other than whole dry dates for processing that are of one 
variety or of date pieces or macerated dates that possess a fairly good 
color, that are fairly uniform in size except for date pieces or 
macerated dates, that are fairly free from defects, that possess a 
fairly good character, and that score not less than 70 points when 
scored in accordance with the scoring system outlined in this subpart.
    (e) U.S. Grade C (Dry) or U.S. Standard (Dry) is the quality of 
whole dry dates for processing that are of one variety, that possess a 
fairly good color, that are fairly uniform in size, that are fairly free 
from defects, that possess a fairly good character, and that score not 
less than 70 points when scored in accordance with the scoring system 
outlined in this subpart.
    (f) Substandard is the quality of dates that fail to meet the 
requirements of U.S. Grade C or U.S. Stand- ard or U.S. Grade C (Dry) or 
U.S. Standard (Dry), whichever is applicable.

                           Factors of Quality



Sec.  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. (1) Varietal requirement.
    (b) Factors rated by score points. The relative importance of each 
factor which is scored is expressed numerically on the scale of 100. The 
maximum number of points that may be given such factors are:

[[Page 535]]



------------------------------------------------------------------------
                                                                  Points
------------------------------------------------------------------------
(1) Color.......................................................      20
(2) Uniformity of size..........................................      10
(3) Absence of defects..........................................      30
(4) Character...................................................      40
                                                                 -------
  Total score...................................................     100
------------------------------------------------------------------------



Sec.  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).



Sec.  52.1006  Color.

    (a) (A) classification. Whole or pitted dates that possess a good 
color may be given a score of 18 to 20 points. ``Good color'' means that 
the color of the dates is practically uniform; and, with respect to 
dates that are predominantly light amber in color, there may be not more 
than 5 percent by count of dates that are dark amber in color; and, with 
respect to dates that are predominantly dark amber in color, there may 
be not more than 5 percent by count of dates that are light amber in 
color.
    (b) (B) classification. If the whole or pitted dates or whole dry 
dates for processing possess a reasonably good color, a score of 16 or 
17 points may be given. Dates that fall into this classification shall 
not be graded above U.S. Grade B or U.S. Choice or U.S. Grade B (Dry) or 
U.S. Choice (Dry), whichever is applicable, regardless of the total 
score for the product (this is a limiting rule). ``Reasonably good 
color'' means that the color of the whole or pitted dates or whole dry 
dates for processing is reasonably uniform for the type; and, with 
respect to dates that are predominantly light amber in color, there may 
be not more than 10 percent by count of dates that are dark amber in 
color; and, with respect to dates that are predominantly dark amber in 
color, there may be not more than 10 percent by count of dates that are 
light amber in color.
    (c) (C) classification. If the whole or pitted dates, whole dry 
dates for processing, date pieces, or macerated dates possess a fairly 
good color, a score of 14 or 15 points may be given. Dates that fall 
into this classification shall not be graded above U.S. Grade C or U.S. 
Standard or U.S. Grade C (Dry) or U.S. Standard (Dry), whichever is 
applicable, regardless of the total score for the product (this is a 
limiting rule). ``Fairly good color'' has the following meanings with 
respect to the following styles:
    (1) Whole; pitted. The color of the whole or pitted dates or whole 
dry dates for processing is fairly uniform for the type; and, with 
respect to dates that are predominantly light amber in color, there may 
be not more than 20 percent by count of dates that are dark amber in 
color; and, with respect to dates that are predominantly dark amber in 
color, there may be not more than 20 percent by count of dates that are 
light amber in color.
    (2) Pieces; macerated. The color may be variable throughout the 
units or mass, may be slightly dull but not off-color, and is typical of 
properly prepared dates of these styles.
    (d) (SStd) classification. Dates that fail to meet the requirements 
of paragraph (c) of this section may be given a score of 0 to 13 points 
and shall not be graded above Substandard, regardless of the total score 
for the product (this is a limiting rule).



Sec.  52.1007  Uniformity of size.

    (a) General. The factor of uniformity of size applies only to whole 
and pitted styles. The factor of uniformity of size in the styles of 
date pieces and macerated dates is not based on any detailed 
requirements and is not scored; the other three factors (color, absence 
of defects, and character is applicable) are scored and the total is 
multiplied by 100 and divided by 90, dropping any fractions to determine 
the total score.
    (b) (A) classification. Whole or pitted dates that are practically 
uniform in size may be given a score of 9 or 10 points. ``Practically 
uniform in size'' means that not more than a total of 10 percent, by 
weight, of the whole or pitted dates may be conspicuously larger or 
smaller than the approximate average size of the dates in the container.

[[Page 536]]

    (c) (B) classification. If the whole or pitted dates or whole dry 
dates for processing are reasonably uniform in size, a score of 8 points 
may be given. Dates that fall into this classification shall not be 
graded above U.S. Grade B or U.S. Choice or U.S. Grade B (Dry) or U.S. 
Choice (Dry), whichever is applicable, regardless of the total score for 
the product (this is a limiting rule). ``Reasonably uniform in size'' 
means that not more than a total of 15 percent, by weight, of the whole 
or pitted dates may be conspicuously larger or smaller than the 
approximate average size of the dates in the container.
    (d) (C) classification. If the whole or pitted dates or whole dry 
dates for processing are fairly uniform in size, a score of 7 points may 
be given. Dates that fall into this classification shall not be graded 
above U.S. Grade C or U.S. Standard or U.S. Grade C (Dry) or U.S. 
Standard (Dry), whichever is applicable, regardless of the total score 
for the product (this is a limiting rule). ``Fairly uniform in size'' 
means that not more than a total of 20 percent, by weight, of the whole 
or pitted dates may be conspicuously larger or smaller than the 
approximate average size of the dates in the container.
    (e) (SStd) classification. Whole or pitted dates or whole dry dates 
for processing that fail to meet the requirements of paragraph (d) of 
this section may be given a score of 0 to 6 points and shall not be 
graded above Substandard, regardless of the total score for the product 
(this is a limiting rule).



Sec.  52.1008  Absence of defects.

    (a) Definitions of defects. Unless otherwise stated specifically, 
the following definitions of defects or defective units apply only to 
whole or pitted dates or whole dry dates for processing, as applicable 
for the type:
    (1) Damaged by discoloration is the presence of a dark area in the 
flesh of the date, which dark area is visible through the skin and is 
more than one-fourth (\1/4\) inch in width and extends more than the 
equivalent of half the length of the date, such darkening being of 
natural origin and not caused by mold or other organism.
    (2) Damaged by broken skin is any rupture of the skin in a manner to 
expose the flesh of the date, the short- est dimension of such exposed 
area being not less than three-sixteenths (\3/16\) inch.
    (3) Damaged by checking is the presence of fine lines, resulting 
from water injury, affecting the surface of the skin over an area not 
less than one-fourth of the total surface of the date.
    (4) Seriously damaged by checking is the presence of heavy lines, 
resulting from water injury, seriously affecting the surface of the skin 
over an area not less than one-fourth of the total surface of the date.
    (5) Damaged by deformity is any abnormal shape sufficient to produce 
an appearance discernibly at variance with the normal shape that is 
typical of the variety.
    (6) Damaged by puffiness is the condition of a date of which the 
skin is soft and pliable and from which the skin is separated from the 
flesh in a balloon-like fashion, over an area not less than one-half of 
the total surface of the date. Soft skins which have returned and adhere 
to the flesh of the date are not considered ``damaged by puffiness.''
    (7) Seriously damaged by puffiness is the condition of a date of 
which the skin is dry, hard, and brittle and from which the skin is 
separated from the flesh over an area not less than one-half of the 
total surface of the date.
    (8) Damaged by scars are any blemishes that affect the exterior of 
the date and which are not less than three-sixteenths (\3/16\) inch in 
the shortest dimension.
    (9) Damaged by sunburn is an area, usually light in color, scarred 
by the heat of the sun, such area being not less than three-sixteenths 
(\3/16\) inch in the shortest dimension.
    (10) Damaged by insect injury is any blemish, resulting from the 
activity of insects or mites, distributed over an area of not less than 
one-fourth of the total surface of the date or any similar blemish that 
materially affects the appearance or edibility of the unit, regardless 
of the area affected.
    (11) Damaged by improper hydrating means that the date has been 
injured by excessive heat or that the hydrating process is incomplete.
    (12) Damaged by mashing means any physical injury to the flesh and 
skin of

[[Page 537]]

the date leaving the date partially mangled but otherwise whole.
    (13) Damaged by mechanical injury means excessive trimming or 
similar injury that damages the appearance or that damages or affects 
the eating quality of the whole date.
    (14) Damaged by lack of pollination means, with respect to whole 
dates, that pollination of the date was not accomplished, such condition 
being manifested by the absence of a pit in the whole dates or by thin, 
immature appearance of the date.
    (15) Damaged by blacknose is severe checking in which the flesh 
becomes dark, crusty, and dry and which severe checking affects an area 
greater than one-eighth of the total surface of the date.
    (16) Damaged by side spot means a very dark area, which generally is 
circular in appearance, extending into the flesh of the date, and, when 
decayed tissue or mold is not present, affecting in the aggregate an 
area not less than the area of a circle three-sixteenths (\3/16\) inch 
in diameter.
    (17) Damaged by black scald means the collapse, death, and 
blackening of the flesh along the side of the date, usually accompanied 
by a bitter taste in the affected area.
    (18) Damage by improper ripening means pronounced evidence of 
``green shrivel'' of the date or that the date possesses a puffy flesh 
or a decidedly rubbery texture resulting from failure of the tissue of 
the date to reach a desirable state of maturity due to climatic or 
cultural injury, or both.
    (19) Damaged by other defects means any injury or defect or group of 
defects not defined in this section (such as, but not limited to, heavy 
sugaring, and excessive scars not described in the definition ``damaged 
by scars,'') which materially affect the appearance, edibility, or 
keeping quality of the dates.
    (20) Affected by scouring is evidenced by the breakdown of the 
sugars into alcohol and acetic acid by yeasts and bacteria.
    (21) Affected by mold is the presence of visible mold.
    (22) Affected by dirt is the presence of any quantity of such 
substance.
    (23) Affected by insect infestation is the presence of dead insects, 
insect parts, or excreta. (No live insects are permitted.)
    (24) Affected by foreign material is the presence of any quantity of 
such substance.
    (25) Affected by decay is a state of decomposition.
    (b) (A) classification. Whole or pitted dates that are practically 
free from defects may be given a score of 27 to 30 points. ``Practically 
free from defects'' means that in pitted dates there may be present not 
more than one whole pit or two pit fragments for each 25 ounces of 
pitted dates; and that the whole or pitted dates do not exceed the total 
allowances and limitations shown in Chart I of this subpart.
    (c) (B) classification. If the whole or pitted dates or whole dry 
dates for processing are reasonably free from defects, a score of 24 to 
26 points may be given. Dates that fall into this classification shall 
not be graded above U.S. Grade B or U.S. Choice or U.S. Grade B (Dry) or 
U.S. Choice (Dry), whichever is applicable, regardless of the total 
score for the product (this is a limiting rule). ``Reasonably free from 
defects'' means that in pitted dates there may be present not more than 
one whole pit or two pit fragments for each 25 ounces of pitted dates; 
and that the whole or pitted dates or whole dry dates for processing do 
not exceed the total allowances and limitations shown in Chart II of 
this subpart.
    (d) (C) classification. If the whole or pitted dates, whole dry 
dates for processing, date pieces, or macerated dates are fairly free 
from defects, a score of 21 to 23 points may be given. Dates that fall 
into this classification shall not be graded above U.S. Grade C or U.S. 
Standard or U.S. Grade C (Dry) or U.S. Standard (Dry), whichever is 
applicable, regardless of the total score for the product (this is a 
limiting rule). ``Fairly free from defects'' has the following meanings 
with respect to the following styles:
    (1) Whole. The defects or defective units in whole dates or whole 
dry dates for processing do not exceed the total allowances and 
limitations shown in Chart III of this subpart.

[[Page 538]]

    (2) Pitted. Not more than one whole pit or two pit fragments for 
each 25 ounces of pitted dates may be present; and the defects or 
defective units in pitted dates do not exceed the total allowances and 
limitations shown in Chart III of this subpart.
    (3) Pieces; macerated. Not more than one whole pit or two pit 
fragments for each 25 ounces of pitted dates may be present; and the 
units or mass consists of clean and sound date material, fairly free 
from defects that seriously affect the appearance, edibility, or keeping 
quality of the product.
    (e) (SStd) classification. Dates that fail to meet the requirements 
of paragraph (d) of this section may be given a score of 0 to 20 points 
and shall not be graded above Substandard, regardless of the total score 
for the product (this is a limiting rule).

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\ of the total allowance or 6 percent, by weight 
of the dates, may be the following:

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\ of the total allowance, or 4 percent, by weight 
of the dates, may be the following:

Damaged by:
    Improper ripening.
    Other defects.
Affected by:
    Souring.
    Mold.
    Dirt.
    Insect infestation.
    Foreign material.
    Decay.

    Not more than \1/10\ of the total allowance, or 1 percent, by weight 
of the dates, may be:

    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.

[[Page 539]]

                               limitations

    Not more than \2/3\ of the additional allowance, or 10 percent, by 
weight of the dates, may be the following:

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\ of the additional allowance, or 5 percent, by 
weight of the dates, may be the following:

Damaged by:
    Improper ripening.
    Other defects.
Affected by:
    Souring.
    Mold.
    Dirt.
    Insect infestation.
    Foreign material.
    Decay.

    Not more than \1/15\ of the additional allowance, or 1 percent, by 
weight of the dates, may be:

    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\ of the total allowance, or 10 percent, by weight 
of the dates, may be the following.

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\ of the total allowance, or 5 percent, by weight 
of the dates, may be the following:

Affected by
    Souring.
    Mold.
    Dirt.
    Insect infestation.
    Foreign material.
    Decay.

    Not more than \1/10\ of the total allowance, or 2 percent, by weight 
of the dates, may be:

 Affected by decay.



Sec.  52.1009  Character.

    (a) (A) classification. Whole or pitted dates that possess a good 
character may be given a score of 36 to 40 points. ``Good character'' 
means that not less than 75 percent, by weight, of the dates are well 
developed, well fleshed, and soft, or at the time of packing are in a 
state of ripeness that within 15 days will develop into such character; 
and the remainder may possess a reasonably good character including not 
more than a total of 2 percent, by weight, of the dates that may possess 
semi-dry calyx ends and none may possess dry calyx ends.
    (b) (B) classification. If the whole or pitted dates or whole dry 
dates for processing possess a reasonably good character, a score of 32 
to 35 points may be given. Dates that fall into this classification 
shall not be graded above U.S. Grade B or U.S. Choice or U.S. Grade B 
(Dry) or U.S. Choice (Dry), whichever is applicable, regardless of the 
total score for the product (this is a limiting rule).

[[Page 540]]

    (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, That not more 
than 2 percent, by weight, of the dates may possess dry calyx ends.
    (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. If the whole or pitted dates, whole dry 
dates for processing, date pieces, or macerated dates possess a fairly 
good character, a score of 28 to 31 points may be given. Dates that fall 
into this classification shall not be graded above U.S. Grade C or U.S. 
Standard or U.S. Grade C (Dry) or U.S. Standard (Dry), whichever is 
applicable, regardless of the total score for the product (this is a 
limiting rule). ``Fairly good character'' has the following meanings 
with respect to the following styles:
    (1) Whole; pitted. (i) In whole or pitted dates other than whole dry 
dates for processing the dates may be firm but are pliable; may possess 
semi-dry calyx ends; and not less than 80 percent, by weight, of the 
dates are fairly well developed and are fairly 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 fail to possess such fairly 
good character or may possess dry calyx ends.
    (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. The character may be variable throughout the 
units or mass but not seriously affected by dry calyx end material or 
inedible portions of dates.
    (d) (SStd) classification. Dates that fail to meet the requirements 
of paragraph (c) of this section may be given a score of 0 to 27 points 
and shall not be graded above Substandard, regardless of the total score 
for the product (this is a limiting rule).

                    Lot Inspection and Certification



Sec.  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 (Sec. Sec.  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



Sec.  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 ([squ]) Yes ([squ]) No.............................
------------------------------------------------------------------------
    Factors
 
Score points......................
------------------------------------------------------------------------
Color.............................   20  (A)                       18-20
                                    ...  (B) (B-Dry)             \1\ 16-
                                                                      17
                                    ...  (C) (C-Dry)             \1\ 14-
                                                                      15
                                    ...  (SStd)                   \1\ 0-
                                                                      13
Uniformity of size................   10  (A)                        9-10
                                         (B) (B-Dry)               \1\ 8
                                    ...  (C) (C-Dry)               \1\ 7
                                    ...  (SStd)                  \1\ 0-6
Absence of defects................   30  (A)                       27-30
                                         (B) (B-Dry)             \1\ 24-
                                                                      26
                                    ...  (C) (C-Dry)             \1\ 21-
                                                                      23
                                    ...  (SStd)                   \1\ 0-
                                                                      20
Character.........................   40  (A)                       36-40
                                    ...  (B) (B-Dry)             \1\ 32-
                                                                      35
                                    ...  (C) (C-Dry)             \1\ 28-
                                                                      31
                                    ...  (SStd)                   \1\ 0-
                                                                      27
                                   -----
  Total score.....................  100
------------------------------------------------------------------------
Grade..........................................................
------------------------------------------------------------------------
 
 
\1\ Limiting rule.


[[Page 541]]



   Subpart_United States Standards for Grades of Processed Raisins \1\
---------------------------------------------------------------------------

    \1\ Compliance with the provisions of these standards shall not 
excuse failure to comply with the provisions of the Federal Food, Drug, 
and Cosmetic Act, or with applicable State laws and Regulations.

    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.



Sec.  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.



Sec.  52.1842  Product description of Layer or (Cluster) raisins 
with seeds.

    Raisins with Seeds that are referred to as Layer or Cluster raisins 
means that the raisins have not been detached from the main bunch.



Sec.  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]



Sec.  52.1844  Definition of terms.

    (a) Capstems means small woody stems exceeding \1/8\-inch in length 
which attach the raisins to the branches of the bunch.
    (b) A piece of stem means a portion of the branch or main stem.
    (c) Seeds refers to whole, fully developed seeds which have not been 
removed during the processing of seeded raisins with seeds.
    (d) Damaged raisins means raisins affected by sunburn, scars, insect 
injury, mechanical injury, or other similar means which seriously affect 
the appearance, edibility, keeping quality, or shipping quality of the 
raisins. In seeded Raisins with Seeds, mechanical injury resulting from 
normal seeding operations is not considered damage.
    (e) Sugared means either external or internal sugar crystals are 
present and the accumulation of such crystallized fruit sugars in the 
flesh or on the surface of the raisins is readily apparent.
    (f) Grit, sand, or silt means any particle or earthy material.
    (g) Moisture means the percentage by weight of the processed 
raisins, exclusive of branch and heavy stem material, that is moisture 
when determined by the ``Dried Fruit Moisture Tester Method'' or in 
accordance with other methods that give equivalent results.
    (h) Slightly discolored means a raisin affected by a brown to dark 
brown discolored area around the capstem end of the raisin that is less 
than the area of a circle \1/8\-inch in diameter.
    (i) Discolored means a raisin affected by a brown to dark brown 
discolored area around the capstem end of the raisin that equals or 
exceeds the area of a

[[Page 542]]

circle \1/8\-inch in diameter; Provided, That the overall appearance, 
keeping quality, and edibility of the product are not seriously 
affected.
    (j) Well-matured means raisins that are full-fleshed, may have fine 
wrinkles and are rounded in appearance.
    (k) Reasonably well-matured means raisins that are reasonably full-
fleshed and may have shallow wrinkles with thick edged ridges.
    (l) Fairly well-matured means raisins that are thin-fleshed and 
angular in appearance.
    (m) Substandard development means raisins that are practically 
lacking in flesh.
    (n) Undeveloped refers to extremely light berries that are lacking 
in sugary tissue indicating incomplete development; are reddish in 
color; are completely shriveled; have fine wrinkles on smaller units and 
moderately deep wrinkles on slightly larger units; and are commonly 
referred to as ``worthless.''

                        Type I--Seedless Raisins



Sec.  52.1845  Sizes of seedless raisins.

    The size designations and measurement requirements for the 
respective sizes are:
    (a) Select size raisins means that no more than 60 percent, by 
weight, of all the raisins will pass through round perforations \22/64\-
inch in diameter, but not more than 10 percent, by weight, of all the 
raisins may pass through round perforations \20/64\-inch in diameter.
    (b) Small size raisins means that 95 percent, by weight, of all the 
raisins will pass through round perforations \24/64\-inch in diameter, 
and not less than 70 percent, by weight, of all raisins will pass 
through round perforations \22/64\-inch in diameter.
    (c) Mixed size raisins means a mixture that does not meet either the 
requirements for ``select'' size or for ``small'' size.

[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]



Sec.  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 I of this subpart.
    (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 I of this subpart.
    (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 I of this subpart.
    (d) ``Substandard'' is the quality of seedless raisins that fail to 
meet the requirements of U.S. grade C.

[43 FR 51754, Nov. 7, 1978. Redesignated at 46 FR 63203, Dec. 31, 1981]

[[Page 543]]



Table I--Allowances for Defects in Type I, Seedless Raisins and Type II,
                         Golden Seedless Raisins
------------------------------------------------------------------------
                                      U.S. Grade  U.S. Grade  U.S. Grade
               Defects                     A           B           C
------------------------------------------------------------------------
                                         Maximum count (per 96 ounces)
                                     -----------------------------------
Pieces of stem......................          1           2           4
                                     -----------------------------------
                                         Maximum count (per 16 ounces)
                                     -----------------------------------
Capstems............................         15          25          35
                                     -----------------------------------
                                          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         May not be affected...  May not be more than    May not be materially
 fermentation or any other defect not                              slightly affected.      affected.
 described above.
                                         -----------------------------------------------------------------------
 


Grit, sand, or silt.........................  None of any consequence may be present  Not more than a trace may
                                               that affects the appearance or          be present that affects
                                               edibility of the product.               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 81 
FR 40780, June 23, 2016]

                    Type II--Golden Seedless Raisins



Sec.  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\ of 1 
percent, by weight, of all the raisins may be definitely dark berries.
    (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.

[[Page 544]]



Sec.  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 Sec.  52.1845).



Sec.  52.1849  Grades of golden seedless raisins.

    Except for color, the grades of Golden Seedless Raisins are the same 
as for Seedless Raisins (See Sec.  52.1846 and Table I).

                      Type III--Raisins With Seeds



Sec.  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. (1) Select size raisins means that not more than 70 
percent, by weight, of the raisins will pass through round perforations 
\34/64\-inch in diameter; and not more than 5 percent, by weight, of the 
raisins will pass through round perforations \22/64\-inch in diameter.
    (2) Small size raisins means that all of the raisins will pass 
through round perforations \34/64\-inch in diameter and not less than 90 
percent, by weight, of all the raisins will pass through round 
perforations \22/64\-inch in diameter.
    (3) Mixed size raisins means a mixture does not meet either the 
requirements for ``select'' size or for ``small'' size.
    (b) Unseeded. (1) 4 Crown means raisins that will not pass through 
round perforations \42/64\-inch in diameter.
    (2) 3 Crown means raisins that will pass through round perforations 
\42/64\-inch in diameter but will not pass through round perforations 
\34/64\-inch in diameter.
    (3) 2 Crown means raisins that will pass through round perforations 
\34/64\-inch in diameter but will not pass through round perforations 
\24/64\-inch in diameter.
    (4) 1 Crown means raisins that will pass through round perforations 
\24/64\-inch in diameter.

[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]



Sec.  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. ``3 Crown size or larger'' in Layer or 
Cluster Raisins with Seeds means that the raisins, exclusive of stems 
and branches, are such a size that they will not pass through round 
perforations \34/64\-inch in diameter.



Sec.  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 II of this subpart.
    (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

[[Page 545]]

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 II of this subpart.
    (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 
II of this subpart.
    (d) ``Substandard'' is the quality of Raisins with Seeds that fail 
to meet the requirements of U.S. Grade C.

 Table II--Allowances for Defects in Raisins With Seeds--Except Layer or
                                 Cluster
------------------------------------------------------------------------
                                      U.S. Grade  U.S. Grade  U.S. Grade
               Defects                     A           B           C
------------------------------------------------------------------------
                                         Maximum count (per 32 ounces)
                                     -----------------------------------
Pieces of stem......................          7           2           3
                                     -----------------------------------
                                         Maximum count (per 16 ounces)
                                     -----------------------------------
Capstems in other than uncapstemmed          10          15          20
 types..............................
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                   2           5           8
 undeveloped........................
                                     -----------------------------------
                                      Appearance or edibility of product
 
------------------------------------------------------------------------


Slightly discolored or damaged by            May not be affected..  May not be more than   May not be more than
 fermentation or any other defect not                                slightly affected.     materially affected.
 described above.
 


Grit, sand, or silt............................  None of any consequence may be        Not more than a trace may
                                                  present that affects the appearance   be present that affects
                                                  or edibility of the product.          the appearance or
                                                                                        edibility of the
                                                                                        product.
----------------------------------------------------------------------------------------------------------------
 



Sec.  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 
III of this subpart.
    (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

[[Page 546]]

requirements outlined in Table III of this subpart.
    (c) ``Substandard'' is the quality of Layer or Cluster Raisins with 
Seeds that fail to meet the requirements of U.S. Grade B.

                     Table III--Allowance for Defects in Layer or Cluster Raisins With Seeds
----------------------------------------------------------------------------------------------------------------
                                                                                         U.S. Grade   U.S. Grade
                                        Defects                                              A            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  Practically free.....  Reasonably free.
 3 berries each.
                                                                   ---------------------------------------------
                                                                         Appearance or edibility of product
                                                                   ---------------------------------------------
Slightly discolored or damaged by fermentation or any other defect  May not be affected..  May not be more than
 not described above.                                                                       slightly affected.
                                                                   ---------------------------------------------
 


Grit, sand, or silt........................................................  None of any consequence may be
                                                                              present that affects the
                                                                              appearance or edibility of the
                                                                              product.
----------------------------------------------------------------------------------------------------------------
 

                        Type IV--Sultana Raisins



Sec.  52.1854  Sizes of Sultana raisins.

    Size designations are not applicable to Sultana Raisins.



Sec.  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 IV 
of this subpart.
    (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 IV of this subpart.

           Table IV--Allowances for Defects in Sultana Raisins
------------------------------------------------------------------------
                                                      U.S.   U.S.   U.S.
                      Defects                        Grade  Grade  Grade
                                                       A      B      C
------------------------------------------------------------------------
                                                      Maximum count (per
                                                          32 ounces)
                                                    --------------------
Pieces of stem.....................................      1      2      3
                                                    --------------------
                                                      Maximum count (per
                                                          16 ounces)
                                                    --------------------
Capstems...........................................     25     45     65
                                                    --------------------
                                                     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
------------------------------------------------------------------------


[[Page 547]]


----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
                                                                   Appearance or edibility of product
                                                      ----------------------------------------------------------
Slightly discolored or damaged by fermentation or any  May not be          May not be more     May not be more
 other defect not described above.                      affected.           than slightly       than materially
                                                                            affected.           affected.
----------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
Grit, sand, or silt.........................................  None of any consequence   Not more than a trace
                                                               may be present that       may be present that
                                                               affects the appearance    affects the appearance
                                                               or edibility of the       or edibility of the
                                                               product.                  product.
----------------------------------------------------------------------------------------------------------------

    (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 IV of this subpart.
    (d) ``Substandard'' is the quality of Sultana Raisins that fail to 
meet the requirements of U.S. Grade C.

                      Type V--Zante Currant Raisins



Sec.  52.1856  Sizes of zante currant raisins.

    Size designations are not applicable to Zante Currant Raisins.



Sec.  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 V of this subpart.

                            Table V--Allowances for Defects in Zante Currant Raisins
----------------------------------------------------------------------------------------------------------------
                                                                                Maximum count
                          Defects                           ----------------------------------------------------
                                                                    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   1\1/2\...................  2
 one Zante with each loose capstem).
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  May not be affected......  May not be more than
 defect not described above.                                                             slightly affected.
----------------------------------------------------------------------------------------------------------------


Grit, sand, or silt..................................  None of any
                                                        consequence may
                                                        be present that
                                                        affects the
                                                        appearance or
                                                        edibility of the
                                                        product.
------------------------------------------------------------------------
 


[[Page 548]]

    (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 V of this subpart.
    (c) ``Substandard'' is the quality of Zante Currant Raisins that 
fail to meet the requirements of U.S. Grade B.

                     Type VI--Mixed Types of Raisins



Sec.  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_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



Sec.  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]



Sec.  52.3182  Varietal types of dried prunes.

    (a) Type I. French; or Robe; or a mixture of French and Robe.
    (b) Type II. Italian.
    (c) Type III. Imperial; or Sugar; or a mixture of Imperial and 
Sugar.
    (d) Type IV. Any other types; or mixtures of any types other than 
mixtures in Type I and Type III of this section.



Sec.  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]



Sec.  52.3183b  Count-sizes of whole unpitted dried prunes.

    (a) Count-sizes. Except for U.S. Grade A or U.S. Fancy, the count-
sizes of dried prunes are not incorporated in the grades of dried 
prunes. The count-sizes of dried prunes in this subpart refer to the 
count (or number) of prunes per pound of dried prunes. The various sizes 
of dried prunes for the respective varietal types are commonly 
designated as follows, but may be designated by other numerical 
expressions:
    (1) Type I; Type IV. 30/40, 40/50, 50/60, 60/70, 70/80, 80/90, 90/
100, 100/120, 120 and over.
    (2) Type II. 25/35, 35/45, 30/40, 40/50, 50/60, 60/70, 70/80, 80/90, 
90/100.
    (3) Type III. 15/20, 18/24, 20/30, 30/40, 40/50, 50/60, 60/70.
    (b) Recommended size nomenclature. The following size nomenclature 
is recommended for the respective ``countsizes'' of dried prunes:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
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]

[[Page 549]]



Sec.  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, That not more than 1 percent, by weight, of the dried prunes 
may be affected by decay.

                           Table I--U.S. Grade A or U.S. Fancy; Allowances for Defects
----------------------------------------------------------------------------------------------------------------
      Total allowance                                             Limitations
----------------------------------------------------------------------------------------------------------------
Not more than a total of 10  Not more than 6 percent, by  Not more than 3 percent,    Not more than 1 percent,
 percent, by weight, may be   weight, may be damaged or    by weight, may be           by weight, may be
 damaged or affected by:      affected by:                 affected by:                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.                Decay.
  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  Not more than 8 percent, by  Not more than 4 percent,    Not more than 1 percent,
 percent, by weight, may be   weight, may be damaged or    by weight, may be           by weight, may be
 damaged or affected by:      affected by:                 affected by:                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.

[[Page 550]]

 
  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  Not more than 10 percent,    Not more than 8 percent,    Not more than 5 percent,
 percent, by weight, may be   by weight, may be damaged    by weight, may be damaged   by weight, may be
 damaged or affected by:      or affected by:              or affected by:             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.
                              Scars.                       Heat damage.                Decay.
 Fermentation.
  Scars.                      Heat damage.                 Insect injury.              Provided, That not more
  Heat damage.                Insect injury.               Other means.                than 1 percent, by
   Insect injury.             Other means.                 Mold.                       weight, may be affected
                                                                                       by decay.
 Other means.                 Mold.                        Dirt.
 Mold.                        Dirt.                        Foreign material.
 Dirt.                        Foreign material.            Insect infestation.
 Foreign material.            Insect infestation.          Decay.
 Insect infestation.          Decay.
 Decay.
----------------------------------------------------------------------------------------------------------------
\1\ Except that each 1 percent of end cracks to, and including, 8 percent, by weight, shall be considered as \1/
  2\ percent damaged by end cracks; and any additional end cracks shall be calculated as true percentage, by
  weight.
\2\ Not applicable to ``Whole Pitted'' style.


             Table IV--Moisture Allowances for Dried Prunes
         [Non-hermetically sealed containers; 10 pounds or more]
------------------------------------------------------------------------
                                                      Maximum moisture
                                                      limits (percent)
                                                   ---------------------
                                                      Counts     Counts
                      Grades                        averaging  averaging
                                                      60 or      61 or
                                                     less per   more per
                                                      pound      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



Sec.  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]

[[Page 551]]



Sec.  52.3186  Definitions for uniformity of size.

    (a) Fairly uniform in size. ``Fairly uniform in size'' means that in 
a sample of 100 ounces:
    (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.



Sec.  52.3187  Definitions and explanations of defects.

    Dried prunes damaged or affected by the following are scorable as 
defects:
    (a) Off-color. ``Off-color'' means a skin color different from 
characteristic black, blue-black, reddish-purple, or other 
characteristic skin color for the type.
    (b) Poor texture. ``Poor texture'' means porous, woody, or fibrous 
flesh or immature prunes or prunes possessing flesh interspersed with 
excessive air pockets in which the texture of the flesh is noticeably 
different from the flesh of mature prunes which have been properly 
dried, handled, and processed. ``Excessive air pockets'' means that the 
prunes are affected by air pockets to the extent that the appearance and 
eating quality is seriously affected.
    (c) End cracks. ``End cracks'' means callous apex-end cracks which, 
singly or in the aggregate on a prune, are more than \3/8\ inch in 
length but not more than \1/2\ inch in length.
    (d) Skin or flesh damage. ``Skin or flesh damage'' in the case of 
``Whole Unpitted'' style means:
    (1) Callous growth cracks (other than callous apex-end cracks) 
which, singly or in the aggregate on a prune, exceed \3/8\ inch in 
length; and callous apex-end cracks which, singly or in the aggregate on 
a prune, exceed \1/2\ inch in length.
    (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. ``Fermentation'' means that the prune is fermented 
as evidenced by a distinct sour taste or odor or by darkening in color 
characteristic of fermentation or souring.
    (f) Scars. ``Scars'' mean:
    (1) Tough or thick scab which, singly or in combination on a prune, 
exceeds the area of a circle \3/8\ inch in diameter such as may result 
from thrip injury, mildew, leaf chafing, limb rubs, or other means; or
    (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\ inch in 
diameter and which is inconsequential but unsightly though practically 
blending in color with the skin on the portion of the prune not 
affected.
    (g) Heat damage. ``Heat damage'' means burning or scorching from the 
sun or in dehydration so as to damage materially the skin or flesh, or 
both, of the prune.
    (h) Insect injury. ``Insect injury'' means healed or unhealed 
surface blemishes and healed or unhealed blemishes extending into the 
flesh which affect materially the appearance, edibility, or keeping 
quality of the prune but which do not possess evidence of insect 
infestation.
    (i) Other means. ``Other means'' includes damage by any injury or 
defect or group of defects not specifically mentioned in this section 
which materially affects the appearance, edibility, or keeping quality 
of the fruit, but ``other means'' does not include defects of a nature 
such as defined in paragraph (j), (k), (l), (m), or (n) of this section.
    (j) Mold. ``Mold'' means a characteristic fungus growth as evidenced

[[Page 552]]

by a moldy or smutty condition and which, singly or in the aggregate on 
a prune, is equal to or exceeds the area of a circle \3/16\ inch in 
diameter.
    (k) Dirt. ``Dirt'' means the presence of any quantity of such 
substance, whether imbedded or adhering to the prune, which gives the 
prune a dirty, smudgy appearance and which may not be removed readily by 
washing.
    (l) Foreign material. ``Foreign material'' means leaves, twigs, 
pieces of wood, and similar extraneous materials which are 
objectionable.
    (m) Insect infestation. ``Insect infestation'' means the presence of 
dead insects, insect fragments, or insect remains. (No live insects are 
permitted).
    (n) Decay. ``Decay'' means a state of decomposition, wholly or in 
part, of the prune.

[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



Sec.  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                                                                       Substandard
         allowances \1\             Grade A maximum     Grade B maximum     Grade C maximum         maximum
----------------------------------------------------------------------------------------------------------------
Total of all defects, including   10 percent........  15 percent........  ..................  No limit except as
 off-color.                                                                                    indicated below.
Total of all defects, including   ..................  ..................  20 percent........
 off-color and poor texture.
Poor texture, end cracks, skin    But no more than 6  But no more than 8
 or flesh damage, \3\              percent.            percent.
 fermentation, scars, heat
 damage, insect injury, other
 means, mold, dirt, foreign
 material, insect infestation,
 decay.
End cracks,\2\ skin or flesh      ..................  ..................  10 percent \2\....
 damage, \3\ fermentation,
 scars, heat damage, insect
 injury, other means, mold,
 dirt, foreign material, insect
 infestation, decay.
    Skin or flesh damage, \3\     ..................  ..................  But no more than 8
     fermentation, scars, heat                                             percent.
     damage, insect injury,
     other means, mold, dirt,
     foreign material, insect
     infestation, decay.
    Mold, dirt, foreign           3 percent.........  4 percent.........  5 percent.........  5 percent.
     material, insect
     infestation, decay.
    Decay.......................  But no more than 1  But no more than 1  But no more than 1  But no more than 1
                                   percent.            percent.            percent.            percent.
----------------------------------------------------------------------------------------------------------------
Total...........................................................................................................
U.S. Grade (including all factors)..............................................................................
----------------------------------------------------------------------------------------------------------------
\1\ Percentages of defects are ``by weight.''
\2\ Except that each 1 percent of end cracks to, and including 8 percent, by weight, shall be considered as \1/
  2\ percent damaged by end cracks; and any additional end cracks shall be calculated as true percentage, by
  weight.
\3\ Allowances for ``skin or flesh damage'' apply only to ``Whole Unpitted'' style.


[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]

[[Page 553]]



  Subpart_United States Standards for Grades of Canned Ripe Olives \1\
---------------------------------------------------------------------------

    \1\ Compliance with the provisions of these standards shall not 
excuse failure to comply with the provisions of the Federal Food, Drug 
and Cosmetic Act, or with applicable State laws and regulations.

    Source: 42 FR 38585, July 29, 1977, unless otherwise noted. 
Redesignated at 46 FR 63203, Dec. 31, 1981.

             Product Description, Types, Styles, and Grades



Sec.  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.



Sec.  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. ``Ripe type'' olives are those which have been 
treated and oxidized in processing to produce a typical dark brown to 
black color.
    (b) Green-ripe type. ``Green-ripe type'' olives are those which have 
not been oxidized in processing; which range in color from yellow-green; 
green-yellow or other greenish casts; and which may be mottled.



Sec.  52.3753  Styles of canned ripe olives.

    (a) Whole. ``Whole'' olives are those which have not been pitted.
    (b) Pitted. ``Pitted'' olives are those from which pits have been 
removed.
    (c) Halved. ``Halved'' olives are pitted olives in which each olive 
is cut lengthwise into two approximately equal parts.
    (d) Segmented. ``Segmented'' olives are pitted olives in which each 
olive is cut lengthwise into three or more approximately equal parts.
    (e) Sliced. ``Sliced'' olives consist of parallel slices of fairly 
uniform thickness prepared from pitted olives.
    (f) Chopped. ``Chopped'' olives are random-size cut pieces or cut 
bits prepared from pitted olives.
    (g) Broken pitted. ``Broken pitted'' olives consist substantially of 
large pieces that may have been broken in pitting but have not been 
sliced or cut.



Sec.  52.3754  Size designations for whole and pitted styles.

    (a) General. (1) ``Average count'' for canned whole ripe olives is 
determined from all containers in the sample and is calculated on the 
basis of the drained weight of the olives.
    (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. Size of canned whole or pitted olives shall 
conform to the applicable count per pound range indicated in Table I in 
the case of whole olives, or conform closely to the applicable 
illustration in Table I in the case of pitted olives. When the count per 
pound of whole olives falls between two count ranges, the size 
designation shall be the next smaller size.

[[Page 554]]

[GRAPHIC] [TIFF OMITTED] TC02SE91.059


[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]



Sec.  52.3755  Minimum drained weights.

    (a) General. (1) The minimum drained weights for the various 
applicable styles in Table II and III are not incorporated in the grade 
of the finished product since drained weight, as such, is not a factor 
of quality for the purposes of these grades.
    (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. The drained weight of 
canned ripe olives is determined by emptying the contents of the 
container upon a U.S. Standard No. 8 circular sieve of proper diameter 
containing eight meshes to the inch (2.3 mm (0.0937 inch), 3 percent, square openings) so as to distribute the 
product evenly over the sieve. Without shifting the product, incline the 
sieve at an angle of 17 degrees to 20 degrees to facilitate drainage and 
allow to drain for 2 minutes. The weight of drained olives is the weight 
of the sieve and product less the weight of the dry sieve. A sieve 20 mm 
(8 inches) in diameter is used for

[[Page 555]]

containers with total contents of 1.5 kg (3.3 lbs) and less, and a sieve 
30 mm (12 inches) in diameter is used for containers with total contents 
greater than 1.5 kg (3.3 lbs).
    (c) Compliance with minimum drained weights. A lot of canned ripe 
olives is considered as meeting the minimum drained weights if the 
following criteria are met:
    (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 ``X2'' in Tables II and 
III); and
    (2) There shall be no unreasonable shortage in any individual 
container.

                             Table II--Acceptance Values for Drained Weights--Whole
----------------------------------------------------------------------------------------------------------------
                                                                 211 x 304        300 x 407         603 x 700
                                                             ---------------------------------------------------
                                                                 Xd      Xd       Xd      Xd      Xd
                                                               ounces   grams   ounces   grams  ounces  Xd grams
----------------------------------------------------------------------------------------------------------------
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 x 304        300 x 407         603 x 700
                                                             ---------------------------------------------------
                                                                 Xd      Xd       Xd      Xd      Xd
                                                               ounces   grams   ounces   grams  ounces  Xd grams
----------------------------------------------------------------------------------------------------------------
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)
----------------------------------------------------------------------------------------------------------------
                                                     Halved, segmented, sliced                Chopped
                                  Water capacity ---------------------------------------------------------------
                                     oz. avdp.          Xd              LL              Xd              LL
----------------------------------------------------------------------------------------------------------------
200 x 214.......................  ..............             2.3             1.9             4.2             3.9
211 x 200.......................             4.9             2.3             1.9             4.2             3.9
305 x 109.......................  ..............             3.0             2.6             5.5             5.2
307 x 113.......................  ..............             3.0             2.6             5.5             5.2
211 x 304.......................            8.65             3.8             3.4             7.6             7.2
No. 300 (300 x 407).............            15.2             6.5             6.1            13.3            12.7
No. 10 (603 x 700)..............          109.45            55.0            53.4            90.0            87.8
No. 10 (brine pack).............  ..............  ..............  ..............            64.0            62.4
----------------------------------------------------------------------------------------------------------------
                                                  Broken Pitted
----------------------------------------------------------------------------------------------------------------
No. 300 (300 x 407).............            15.2             5.6             4.7
No. 10 (603 x 700)..............          109.45            51.0            48.8  ..............  ..............
----------------------------------------------------------------------------------------------------------------


                             Table III--Acceptance Value for Drained Weights (Grams)
----------------------------------------------------------------------------------------------------------------
                                                     Halved, segmented, sliced                Chopped
                                  Water capacity ---------------------------------------------------------------
                                                        Xd              LL              Xd              LL
----------------------------------------------------------------------------------------------------------------
200 x 214.......................  ..............            65.2            53.9           119.1           110.6
211 x 200.......................           138.9            65.2            53.9           119.1           110.6
305 x 109.......................  ..............            85.0            73.7           155.9           147.4
307 x 113.......................  ..............            85.0            73.7           155.9           147.4
211 x 304.......................           245.2           107.7            96.4           215.4           204.1
No. 300 (300 x 407).............           430.9           184.2           172.9           377.0           360.0

[[Page 556]]

 
No. 10 (603 x 700)..............          3102.8          1559.2          1513.8          2551.4          2489.0
No. 10 (brine pack).............  ..............  ..............  ..............          1814.3          1769.0
----------------------------------------------------------------------------------------------------------------
                                                  Broken Pitted
----------------------------------------------------------------------------------------------------------------
No. 300 (300 x 407).............           430.9           158.8           133.2
No. 10 (603 x 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]



Sec.  52.3756  Grades of canned ripe olives.

    (a) U.S. Grade A is the quality of canned ripe olives of whole, 
pitted, halved, segmented, sliced, and chopped styles that has a good 
flavor, that has a good color, that is practically free from defects, 
that has a good character; and that for those factors which are rated in 
accordance with the scoring system outlined in this subpart, the total 
score is not less than 90 points: Provided, That such canned ripe olives 
may have a reasonably good color if the total score is not less than 90 
points; and further Provided, That in the styles of whole and pitted 
olives, the variation in diameters does not exceed 4 mm, and of the 90 
percent, by count, of the most uniform in size, the diameter of the 
largest does not exceed the diameter of the smallest by more than 3 mm.
    (b) U.S. Grade B is the quality of canned ripe olives of whole, 
pitted, halved, segmented, sliced, and chopped styles that has a good 
flavor, that has a reasonably good color, that is reasonably free from 
defects, that has a reasonably good character; and that for those 
factors which are rated in accordance with the scoring system outlined 
in this subpart, the total score is not less than 80 points: Provided, 
That for the styles of whole and pitted olives, the variation in 
diameters does not exceed 8 mm, and of the 80 percent, by count, of the 
most uniform in size, the diameter of the largest does not exceed the 
diameter of the smallest by more than 4 mm.
    (c) U.S. Grade C is the quality of canned ripe olives of whole, 
pitted, halved, segmented, sliced, chopped, and broken pitted styles 
that has a reasonably good flavor, that has a fairly good color, that is 
fairly free from defects, that has a fairly good character; and that for 
those factors which are rated in accordance with the scoring system 
outlined in this subpart, the total score is not less than 70 points; 
Provided, That for the styles of whole and pitted olives, of the 60 
percent, by count, of the most uniform in size, the diameter of the 
largest does not exceed the diameter of the smallest by more that 4 mm.
    (d) Substandard is the quality of canned ripe olives of any style 
that fail to meet the applicable requirements for U.S. Grade C.

[42 FR 38585, July 29, 1977. Redesignated at 46 FR 63203, Dec. 31, 1981, 
and amended at 48 FR 41013, Sept. 13, 1983]



Sec.  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--50 olives.
    (b) Halved--100 units.
    (c) All other styles--255 g (9 ounces).



Sec.  52.3758  Determining the grade of a sample unit.

    (a) General. In addition to considering other requirements outlined 
in the standards the following quality factors are evaluated:
    (1) Factors not rated by score points. (i) Flavor; (ii) Uniformity 
of size (styles of whole and pitted only).
    (2) Factors rated by score points. The relative importance of each 
factor which is scored is expressed numerically on the scale of 100. The 
maximum

[[Page 557]]

number of points that may be given such factors are:

------------------------------------------------------------------------
                                                                  Points
------------------------------------------------------------------------
(i) Color.......................................................      30
(ii) Absence of defects.........................................      40
(iii) Character.................................................      30
                                                                 -------
  Total score...................................................     100
------------------------------------------------------------------------

    (b) Definition of flavor--(1) Good flavor. (i) ``Good flavor'' in 
ripe type means a distinctive flavor characteristic of ripe type olives 
(including that of properly spiced olives) which have been properly 
prepared and processed and which are free from objectionable flavors of 
any kind.
    (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. ``Reasonably good flavor'' in either 
ripe type or green-ripe type (including that of properly spiced olives) 
means that the flavor may be slightly lacking in distinctly 
characteristic flavor for the respective type but the olives are free 
from objectionable flavors of any kind.



Sec.  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).



Sec.  52.3760  Color.

    (a) General. The evaluation of color shall be determined within five 
minutes after the olives are removed from the container and is based 
upon the uniformity of the exterior color or general appearance as to 
color of the olives within the container. The evaluation of color in 
``halved'' style is based on the uncut surfaces.
    (b) Color measurement of ripe type. The color of ripe type is 
determined by comparison with a spinning disc of variations in 
percentages of the following Munsell color discs: Red (5R 4/14), Yellow 
(2.5Y 8/12), and Black (N/1 Glossy).
    (c) Composite color standards. Composite USDA Color Standards for 
Canned Ripe Olives are available and are comparable to the colors 
produced by the spinning discs.
    (d) Color appearance of green-ripe type. Normal color for green-ripe 
type olives is yellow-green, green-yellow, or other greenish casts, any 
of which may have a mottled appearance that is typical of green-ripe 
type olives. Off-color means dark brown, dark purple or black olives.
    (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. Canned ripe olives that have a good color may be given 
a score of 27 to 30 points. ``Good color'' has the following meanings 
with respect to the applicable type and style:
    (1) Ripe type--(i) Whole; pitted; halved. The olives or units have a 
practically uniform black or dark brown color. Not less than 90 percent, 
by count, of the olives or units have a color equal to or darker than 
the appropriate USDA Composite Color Standard or that produced by 
spinning the Munsell discs specified in paragraph (b) of this section in 
the following combination: 3\1/2\ percent Red, 3\1/2\ percent Yellow, 
and 93 percent Black.
    (ii) Segmented; sliced, chopped. The general color impression of the 
olive as a mass is normal and typical of these styles prepared from 
olives with good color.
    (2) Green-ripe type. The general color appearance of the olives 
shall be normal. Not less than 90 percent, by count, shall be 
practically uniform in such normal color for the type, and no off-color 
olives may be present.
    (g) Grade B. If the canned ripe olives have a reasonably good color, 
a score of 24 to 26 points may be given. ``Reasonably good color'' has 
the following meanings with respect to the applicable type and style:
    (1) Ripe type--(i) Whole; pitted; halved. The olives or units have a 
reasonably

[[Page 558]]

uniform black, dark brown or reddish-brown color. Not less than 80 
percent, by count, of the olives or units have a color equal to or 
darker than the appropriate USDA Composite Color Standard or that 
produced by spinning the Munsell color discs specified in paragraph (b) 
of this section in the following combination: 6 percent Red, 6 percent 
Yellow, and 88 percent Black.
    (ii) Segmented; sliced; chopped. The general color impression of the 
olives as a mass is normal and typical of these styles prepared from 
olives with reasonably good color.
    (2) Green-ripe type. The general color appearance of the olives 
shall be normal. Not less than 80 percent, by count, shall be reasonably 
uniform in such normal color for the type, and no off-color olives may 
be present.
    (h) Grade C. If the ripe olives have a fairly good color, a score of 
21 to 23 points may be given. Canned ripe olives that fall into this 
classification shall not be graded above U.S. Grade C regardless of the 
total score for the product (this is a limiting rule). ``Fairly good 
color'' has the following meanings with respect to the applicable type 
and style:
    (1) Ripe type--(i) Whole; pitted; halved. The olives or units have a 
fairly uniform black, dark brown or reddish-brown color. Not less than 
60 percent, by count, of the olives or units have a color equal to or 
darker than the appropriate USDA Composite Color Standard or that 
produced by spinning the Munsell color discs specified in paragraph (b) 
of this section in the following combination: 6 percent Red, 6 percent 
Yellow, and 88 percent Black.
    (ii) Segmented; sliced; chopped. The general color impression of the 
olives as a mass is normal and typical of these styles prepared from 
olives of fairly good color.
    (iii) Broken pitted. The general color impression of the olives as a 
mass is normal and may be variable, but is typical of this style 
prepared from olives of good, reasonably good, or fairly good color.
    (2) Green-ripe type. The general color impression of the olives 
shall be normal but may vary markedly for the type. No more than 10 
percent, by count, of off-color olives may be present.
    (i) Substandard (SStd.). Canned ripe olives that are abnormal in 
color for any reason or that fail to meet the requirements of paragraph 
(h) of this section may be given a score of 0 to 20 points and shall not 
be graded above Substandard, regardless of the total score for the 
product (this is a limiting rule).



Sec.  52.3761  Defects.

    (a) General. The factor of absence of defects refers to the degree 
of freedom from harmless extraneous vegetable material, stems, and 
portions thereof, blemishes, wrinkles, mutilated olives, and from any 
other defects which affect the appearance or edibility of the product.
    (b) Definition of defects--(1) Blemishes mean dark-colored surface 
marks in either ripe type or green-ripe olives which may or may not 
penetrate into the flesh. Olives or pieces of olives affected by 
blemishes are classified as follows:
    (i) Minor blemishes mean surface discolorations on olives or pieces 
of olives which individually or collectively materially affect the 
appearance of the unit.
    (ii) Major blemishes mean surface discolorations or black flesh 
(oxidized) on olives or pieces of olives which may or may not be 
associated with a soft texture below the skin and which individually or 
collectively seriously affect the appearance or edibility of the unit.
    (iii) Severe blemishes mean dark brown, dark purple, or black 
surface areas on olives or pieces of olives of the green-ripe type; or 
any other blemishes, whether or not specifically defined, which severely 
affect the appearance or edibility of the unit.
    (2) Blowout refers to a soft pitted olive in which the pit has been 
pushed out instead of cut out leaving an irregular ring of flesh that 
materially affects its appearance.
    (3) Broken piece in halved, segmented, and sliced style olives means 
any piece of olive flesh that appears to be less than three-fourths of a 
full unit. Also included are poorly cut units and end slices less than 
one-half the average size slice.

[[Page 559]]

    (4) Cross pitted refers to olives pitted along an axis other than 
the stem-flower axis. A defect is a unit where the angle of these two 
axes exceeds 45 degrees.
    (5) Harmless extraneous vegetable material. Harmless extraneous 
vegetable material (HEVM), harmless extraneous material (HEM), and 
extraneous vegetable material (EVM), are synonymous terms and mean any 
vegetable substance that is harmless.
    (6) Mechanically damaged means a unit in whole, pitted, and halved 
styles that is punctured, cut or damaged by means other than pitting so 
that its appearance is materially affected.
    (7) Misshapen refers to an olive that does not have a normal shape 
for a given variety.
    (8) Mutilated refers to an olive in whole or pitted styles that is 
so pitter-torn or damaged by other means that the entire pit cavity is 
exposed or the appearance of the olive is seriously affected.
    (9) Obvious split pit means a pit in an olive that can be determined 
visually as split.
    (10) Pitter damage means a loss of skin and flesh from a pitted 
olive caused by the pitter on the cut end exceeding the area of a circle 
3 mm in diameter but is not mutilated.
    (11) Plunger damage means a loss of skin and flesh from a pitted 
olive equal to or exceeding the area of a circle 5 mm in diameter.
    (12) Stem means a stem that measures 3 mm or more from the shoulder 
of the olive. Stems are classified as follows:
    (i) Minor stem is a stem that measures more than 3 mm but not more 
than 4 mm from the shoulder of the olive.
    (ii) Major stem is a stem that measures more than 4 mm from the 
shoulder of the olive.
    (iii) Detached stem, when it measures 4 mm or more, is a defect 
which shall be scored as a minor stem for whole pitted, halved, and 
broken pitted style olives and a major stem for segmented, sliced, and 
chopped style olives.
    (13) Wrinkles are grooves 0.5 mm or more in width. Classification of 
wrinkles shall be determined immediately after removing surface moisture 
and any increase in wrinkles due to dehydration after removing from the 
container shall not be considered. Olives or pieces of olives affected 
by wrinkles are classified as follows:
    (i) Minor wrinkles are wrinkles which collectively do not more than 
materially affect the appearance of the unit.
    (ii) Major wrinkles are wrinkles which collectively more than 
materially affect the appearance of the unit.
    (c) Grade A. Canned ripe olives of whole, pitted, halved, segmented, 
sliced, and chopped styles that are practically free from defects may be 
given a score of 36 to 40 points. ``Practically free from defects'' 
means that any defects present, but not specifically limited in Table 
IV, may not more than slightly affect the appearance or edibility of the 
olives; and, in addition, specified defects may be present in all other 
styles except ``broken pitted'' not to exceed the allowances for grade A 
provided in Table IV.
    (d) Grade B. If canned ripe olives of whole, pitted, halved, 
segmented, sliced, and chopped styles are reasonably free from defects, 
a score of 32 to 35 points may be given. Canned ripe olives that fall 
into this classification shall not be graded above U.S. Grade B 
regardless of the total score for the product (this is a limiting rule). 
``Reasonably free from defects'' means that any defects present but not 
specifically limited in Table V may not more than materially affect the 
appearance or edibility of the olives; and in addition, specified 
defects may be present in all other styles except ``broken pitted'' not 
to exceed the allowances for grade B provided in Table V.
    (e) Grade C. If canned ripe olives of whole, pitted, halved, 
segmented, sliced, chopped, and broken pitted styles are fairly free 
from defects, a score of 28 to 31 points may be given. Canned ripe 
olives that fall into this classification shall not be graded above U.S. 
Grade C, regardless of the total score for the product (this is a 
limiting rule). ``Fairly free from defects'' means that any defects 
present but not specifically limited in Table VI may more than 
materially affect the appearance and edibility of the olives; and in 
addition, specified defects may be present in all other styles not to 
exceed the allowances for grade C provided in Table VI.

[[Page 560]]

    (f) Substandard (SStd.). Canned ripe olives that fail to meet the 
requirements of paragraph (e) of this section may be given a score of 0 
to 27 points and shall not be graded above Substandard, regardless of 
the total score for the product (this is a limiting rule).

                                     Table IV--Limits for Defects In Grade A
----------------------------------------------------------------------------------------------------------------
                                           Pitted     Halved
                              Whole per    per 50    per 100    Segmented per    Sliced per 255  Chopped per 255
                              50 olives    olives     halves     255 g (9 oz)       g (9 oz)         g (9 oz)
----------------------------------------------------------------------------------------------------------------
HEVM, HEM, or EVM...........          1          1          1  Practically      Practically      Practically
                                                                free.            free.            free.
Stems:
  Minor and major stems               2          2          2
   incl..
  Major stems...............          1          1          1  Practically      Practically      Practically
                                                                free.            free.            free.
Minor and major blemishes,            5          5         10  Practically      Practically      Practically
 minor and major wrinkles                                       free.            free.            free.
 and mutilated.
Provided:
Major blemishes, major                2          2          5
 wrinkles do not exceed.
Further Provided: Multilated          1          1
 do not exceed.
Broken pieces and poorly cut  .........  .........          8  Practically      Practically
 units.                                                         free.            free.
Mechanical damage...........          2          2          5
Blowouts, cross pitted,       .........          5
 plunger and pitter damage.
Obvious split pit or                  2
 misshapen.
Severe blemishes (green-ripe          0          0          0  ...............  ...............  ...............
 type only).
----------------------------------------------------------------------------------------------------------------


                                     Table V--Limits for Defects in Grade B
----------------------------------------------------------------------------------------------------------------
                                           Pitted     Halved
                              Whole per    per 50    per 100    Segmented per    Sliced per 255  Chopped per 255
                              50 olives    olives     halves     255 g (9 oz)       g (9 oz)         g (9 oz)
----------------------------------------------------------------------------------------------------------------
HEVM, HEM or EVM............          1          1          1  Reasonably free  Reasonably free  Reasonably
                                                                                                  free.
Stems:
  Minor and major stems               3          3          3
   incl..
  Major stems...............          1          1          1  Reasonably free  Reasonably free  Reasonably
                                                                                                  free.
Minor and major blemishes,           10         10         20  Reasonably free  Reasonably free  Reasonably
 minor and major wrinkles                                                                         free.
 and mutilated.
Provided:
  Major blemishes, major              5          5         10
   wrinkles do not exceed.
Further provided:
  Mutilated do not exceed...          2          2
Broken pieces and poorly cut  .........  .........         15  Reasonably free  Reasonably free
 units.
Mechanical damage...........          5          5         10
Blowouts, cross pitted,       .........         10
 plunger and pitter damage.
Obvious split pit or                  5
 misshapen.
Severe blemishes (green-ripe          0          0          0  ...............  ...............  ...............
 type only).
----------------------------------------------------------------------------------------------------------------


                                     Table VI--Limits for Defects in Grade C
----------------------------------------------------------------------------------------------------------------
                                             Pitted     Halved   Segmented    Sliced    Chopped    Broken Pitted
                                Whole per    per 50    per 100   per 255 g  per 255 g  per 255 g   per 255 g (9
                                50 olives    olives     halved    (9 oz.)    (9 oz.)    (9 oz.)        oz.)
----------------------------------------------------------------------------------------------------------------
HEVM, HEM, or EVM.............          1          1          1     Fairly     Fairly     Fairly  2
                                                                      free       free       free
Minor and major stems                   4          4          4
 inclusive.
Major stems...................          2          2          2     Fairly     Fairly     Fairly  4
                                                                      free       free       free
Minor, major blemishes, major,   No limit   No limit   No limit     Fairly     Fairly     Fairly  No limit.
 minor wrinkles.                                                      free       free       free

[[Page 561]]

 
Provided:
  Major blemishes, major               13         13         25  .........  .........  .........  51 g \1\
   wrinkles do not exceed.
Further Provided:
  Multilated, major blemish            15         15         30
   and major wrinkles do not
   exceed.
  Multilated do not exceed....          5          5         10  .........  .........  .........  No limit.
  Broken pieces and poorly cut  .........  .........         25     Fairly     Fairly
   units.                                                             free       free
  Mechanical damage...........         10         10         20
  Blowouts, cross pitted,       .........         15
   plunger and pitter damaged.
  Obvious split pit or           No limit
   misshapen.
  Severe blemishes (green-ripe          3          3          3          0          0          0
   type only).
----------------------------------------------------------------------------------------------------------------
\1\ Major blemishes only.


[48 FR 41013, Sept. 13, 1983]



Sec.  52.3762  Character.

    (a) General. The factor of character refers to the firmness, 
tenderness, and texture characteristics for the variety and type.
    (b) Grade A. Canned ripe olives of whole, pitted, halved, segmented, 
sliced, and chopped styles that have a good character may be given a 
score of 27 to 30 points. ``Good character'' means that, for the type, 
the olives have a fleshy texture characteristic for the variety and 
size; that not less than 95 percent, by count, of whole, pitted and 
halved olives and by weight of other style olives are practically 
uniform in texture and are tender but not soft. The remaining 5 percent 
may be soft but not excessively soft.
    (c) Grade B. If canned ripe olives of whole, pitted, halved, 
segmented, sliced and chopped styles have a reasonably good character, a 
score of 24 to 26 points may be given. Canned ripe olives that fall into 
this classification shall not be graded above U.S. Grade B regardless of 
the total score for the product (this is a limiting rule). ``Reasonably 
good character'' means that, for the type, the olives generally have a 
fleshy texture characteristic for the variety and size; that not less 
than 90 percent, by count, of whole, pitted and halved olives, and by 
weight of other style olives are practically uniform in texture and are 
tender but not soft. The 10 percent may be soft but not more than \1/2\, 
or 5 percent, may be excessively soft.
    (d) Grade C. If canned ripe olives of whole, pitted, halved, 
segmented, sliced, chopped and broken pitted styles have a fairly good 
character, a score of 21 to 23 points may be given. Canned ripe olives 
that fall into this classification shall not be graded above U.S. Grade 
C regardless of the total score for the product (this is a limiting 
rule). ``Fairly good character'' means that the olives generally have a 
fleshy texture characteristic for the variety and size; that not less 
than 80 percent, by count, of whole, pitted and halved olives and by 
weight of other style olives are practically uniform in texture and are 
tender but not soft. The remaining 20 percent may be soft but not more 
than \1/2\, or 10 percent, may be excessively soft.
    (e) Substandard (SStd). Canned ripe olives that fail to meet the 
requirements of paragraph (d) of this section may be given a score of 0 
to 20 points and shall not be graded above Substandard, regardless of 
the total score for the product (this is a limiting rule).



Sec.  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

[[Page 562]]

and Vegetables, Processed Products Thereof, and Certain Other Processed 
Food Products (Sec. Sec.  52.1 through 52.83).



Sec.  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\ 21-
                                                                      23
 
                                    ...  (SStd.)                  \1\ 0-
                                                                      20
Absence of defects................   40  (A)                       36-40
                                         (B)                     \1\ 32-
                                                                      35
 
                                    ...  (C)                     \1\ 28-
                                                                      31
 
                                    ...  (SStd.)                  \1\ 0-
                                                                      27
Character.........................   30  (A)                       27-30
 
                                    ...  (B)                     \1\ 24-
                                                                      26
 
                                    ...  (C)                     \1\ 21-
                                                                      23
 
                                    ...  (SStd.)                  \1\ 0-
                                                                      20
                                   -----
  Total Score.....................  100
------------------------------------------------------------------------
Flavor: ( ) Good ( ) Reasonably good ( ).......................
  Off..........................................................
Grade..........................................................     --s0
------------------------------------------------------------------------
\1\ Indicates limiting rule.


[[Page 563]]



                              FINDING AIDS




  --------------------------------------------------------------------

  A list of CFR titles, subtitles, chapters, subchapters and parts, and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 565]]



                    Table of CFR Titles and Chapters




                     (Revised as of January 1, 2020)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
       III  Administrative Conference of the United States (Parts 
                300--399)
        IV  Miscellaneous Agencies (Parts 400--599)
        VI  National Capital Planning Commission (Parts 600--699)

                    Title 2--Grants and Agreements

            Subtitle A--Office of Management and Budget Guidance 
                for Grants and Agreements
         I  Office of Management and Budget Governmentwide 
                Guidance for Grants and Agreements (Parts 2--199)
        II  Office of Management and Budget Guidance (Parts 200--
                299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Parts 300--
                399)
        IV  Department of Agriculture (Parts 400--499)
        VI  Department of State (Parts 600--699)
       VII  Agency for International Development (Parts 700--799)
      VIII  Department of Veterans Affairs (Parts 800--899)
        IX  Department of Energy (Parts 900--999)
         X  Department of the Treasury (Parts 1000--1099)
        XI  Department of Defense (Parts 1100--1199)
       XII  Department of Transportation (Parts 1200--1299)
      XIII  Department of Commerce (Parts 1300--1399)
       XIV  Department of the Interior (Parts 1400--1499)
        XV  Environmental Protection Agency (Parts 1500--1599)
     XVIII  National Aeronautics and Space Administration (Parts 
                1800--1899)
        XX  United States Nuclear Regulatory Commission (Parts 
                2000--2099)
      XXII  Corporation for National and Community Service (Parts 
                2200--2299)
     XXIII  Social Security Administration (Parts 2300--2399)
      XXIV  Department of Housing and Urban Development (Parts 
                2400--2499)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration (Parts 
                2600--2699)

[[Page 566]]

     XXVII  Small Business Administration (Parts 2700--2799)
    XXVIII  Department of Justice (Parts 2800--2899)
      XXIX  Department of Labor (Parts 2900--2999)
       XXX  Department of Homeland Security (Parts 3000--3099)
      XXXI  Institute of Museum and Library Services (Parts 3100--
                3199)
     XXXII  National Endowment for the Arts (Parts 3200--3299)
    XXXIII  National Endowment for the Humanities (Parts 3300--
                3399)
     XXXIV  Department of Education (Parts 3400--3499)
      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
     XXXVI  Office of National Drug Control Policy, Executive 
                Office of the President (Parts 3600--3699)
    XXXVII  Peace Corps (Parts 3700--3799)
     LVIII  Election Assistance Commission (Parts 5800--5899)
       LIX  Gulf Coast Ecosystem Restoration Council (Parts 5900--
                5999)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--199)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
        IV  Office of Personnel Management and Office of the 
                Director of National Intelligence (Parts 1400--
                1499)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Parts 2100--2199)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Parts 3200--
                3299)
     XXIII  Department of Energy (Parts 3300--3399)
      XXIV  Federal Energy Regulatory Commission (Parts 3400--
                3499)
       XXV  Department of the Interior (Parts 3500--3599)
      XXVI  Department of Defense (Parts 3600--3699)

[[Page 567]]

    XXVIII  Department of Justice (Parts 3800--3899)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  U.S. International Development Finance Corporation 
                (Parts 4300--4399)
     XXXIV  Securities and Exchange Commission (Parts 4400--4499)
      XXXV  Office of Personnel Management (Parts 4500--4599)
     XXXVI  Department of Homeland Security (Parts 4600--4699)
    XXXVII  Federal Election Commission (Parts 4700--4799)
        XL  Interstate Commerce Commission (Parts 5000--5099)
       XLI  Commodity Futures Trading Commission (Parts 5100--
                5199)
      XLII  Department of Labor (Parts 5200--5299)
     XLIII  National Science Foundation (Parts 5300--5399)
       XLV  Department of Health and Human Services (Parts 5500--
                5599)
      XLVI  Postal Rate Commission (Parts 5600--5699)
     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
      XLIX  Federal Labor Relations Authority (Parts 5900--5999)
         L  Department of Transportation (Parts 6000--6099)
       LII  Export-Import Bank of the United States (Parts 6200--
                6299)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Parts 6400--6499)
        LV  National Endowment for the Arts (Parts 6500--6599)
       LVI  National Endowment for the Humanities (Parts 6600--
                6699)
      LVII  General Services Administration (Parts 6700--6799)
     LVIII  Board of Governors of the Federal Reserve System 
                (Parts 6800--6899)
       LIX  National Aeronautics and Space Administration (Parts 
                6900--6999)
        LX  United States Postal Service (Parts 7000--7099)
       LXI  National Labor Relations Board (Parts 7100--7199)
      LXII  Equal Employment Opportunity Commission (Parts 7200--
                7299)
     LXIII  Inter-American Foundation (Parts 7300--7399)
      LXIV  Merit Systems Protection Board (Parts 7400--7499)
       LXV  Department of Housing and Urban Development (Parts 
                7500--7599)
      LXVI  National Archives and Records Administration (Parts 
                7600--7699)
     LXVII  Institute of Museum and Library Services (Parts 7700--
                7799)
    LXVIII  Commission on Civil Rights (Parts 7800--7899)
      LXIX  Tennessee Valley Authority (Parts 7900--7999)
       LXX  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 8000--8099)
      LXXI  Consumer Product Safety Commission (Parts 8100--8199)
    LXXIII  Department of Agriculture (Parts 8300--8399)

[[Page 568]]

     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts 8400--8499)
     LXXVI  Federal Retirement Thrift Investment Board (Parts 
                8600--8699)
    LXXVII  Office of Management and Budget (Parts 8700--8799)
      LXXX  Federal Housing Finance Agency (Parts 9000--9099)
   LXXXIII  Special Inspector General for Afghanistan 
                Reconstruction (Parts 9300--9399)
    LXXXIV  Bureau of Consumer Financial Protection (Parts 9400--
                9499)
    LXXXVI  National Credit Union Administration (Parts 9600--
                9699)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
    XCVIII  Council of the Inspectors General on Integrity and 
                Efficiency (Parts 9800--9899)
      XCIX  Military Compensation and Retirement Modernization 
                Commission (Parts 9900--9999)
         C  National Council on Disability (Parts 10000--10049)
        CI  National Mediation Board (Part 10101)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 1--199)
         X  Privacy and Civil Liberties Oversight Board (Parts 
                1000--1099)

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Agricultural Marketing Service (Federal Grain 
                Inspection Service, Fair Trade Practices Program), 
                Department of Agriculture (Parts 800--899)

[[Page 569]]

        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  [Reserved]
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
        XX  [Reserved]
       XXV  Office of Advocacy and Outreach, Department of 
                Agriculture (Parts 2500--2599)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy Policy and New Uses, Department of 
                Agriculture (Parts 2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  National Institute of Food and Agriculture (Parts 
                3400--3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

[[Page 570]]

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (Parts 1--499)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Agricultural Marketing Service (Federal Grain 
                Inspection Service, Fair Trade Practices Program), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts 300--599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XIII  Nuclear Waste Technical Review Board (Parts 1300--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)
        II  Election Assistance Commission (Parts 9400--9499)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  (Parts 600--699) [Reserved]
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
         X  Bureau of Consumer Financial Protection (Parts 1000--
                1099)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
      XIII  Financial Stability Oversight Council (Parts 1300--
                1399)

[[Page 571]]

       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
       XVI  Office of Financial Research (Parts 1600--1699)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)
        IV  Emergency Steel Guarantee Loan Board (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board (Parts 
                500--599)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--1199)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Industry and Security, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  National Technical Information Service, Department of 
                Commerce (Parts 1100--1199)

[[Page 572]]

      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399) [Reserved]

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  U.S. Customs and Border Protection, Department of 
                Homeland Security; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  U.S. Immigration and Customs Enforcement, Department 
                of Homeland Security (Parts 400--599) [Reserved]

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)

[[Page 573]]

        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  Broadcasting Board of Governors (Parts 500--599)
       VII  Overseas Private Investment Corporation (Parts 700--
                799)
        IX  Foreign Service Grievance Board (Parts 900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Millennium Challenge Corporation (Parts 1300--1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)

[[Page 574]]

        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--1699)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XV  Emergency Mortgage Insurance and Loan Programs, 
                Department of Housing and Urban Development (Parts 
                2700--2799) [Reserved]
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
      XXIV  Board of Directors of the HOPE for Homeowners Program 
                (Parts 4000--4099) [Reserved]
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

[[Page 575]]

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--899)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900--999)
        VI  Office of the Assistant Secretary, Indian Affairs, 
                Department of the Interior (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Parts 1200--1299)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--End)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--399)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--699)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)
        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)

[[Page 576]]

        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Employee Benefits Security Administration, Department 
                of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Bureau of Safety and Environmental Enforcement, 
                Department of the Interior (Parts 200--299)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
         V  Bureau of Ocean Energy Management, Department of the 
                Interior (Parts 500--599)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)
       XII  Office of Natural Resources Revenue, Department of the 
                Interior (Parts 1200--1299)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)

[[Page 577]]

      VIII  Office of Investment Security, Department of the 
                Treasury (Parts 800--899)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)
         X  Financial Crimes Enforcement Network, Department of 
                the Treasury (Parts 1000--1099)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Department of Defense, Defense Logistics Agency (Parts 
                1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
      XVII  Office of the Director of National Intelligence (Parts 
                1700--1799)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Corps of Engineers, Department of the Army, Department 
                of Defense (Parts 200--399)
        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)

[[Page 578]]

       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Career, Technical and Adult Education, 
                Department of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599) 
                [Reserved]
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799) 
                [Reserved]
            Subtitle C--Regulations Relating to Education
        XI  (Parts 1100--1199) [Reserved]
       XII  National Council on Disability (Parts 1200--1299)

                          Title 35 [Reserved]

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
        VI  [Reserved]
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
        XV  Oklahoma City National Memorial Trust (Parts 1500--
                1599)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  U.S. Copyright Office, Library of Congress (Parts 
                200--299)
       III  Copyright Royalty Board, Library of Congress (Parts 
                300--399)
        IV  National Institute of Standards and Technology, 
                Department of Commerce (Parts 400--599)

[[Page 579]]

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--199)
        II  Armed Forces Retirement Home (Parts 200--299)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Regulatory Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--1099)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)
      VIII  Gulf Coast Ecosystem Restoration Council (Parts 1800--
                1899)

          Title 41--Public Contracts and Property Management

            Subtitle A--Federal Procurement Regulations System 
                [Note]
            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 61-1--61-999)
   62--100  [Reserved]
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       102  Federal Management Regulation (Parts 102-1--102-299)
  103--104  [Reserved]
       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
  129--200  [Reserved]
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]

[[Page 580]]

            Subtitle E--Federal Information Resources Management 
                Regulations System [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300-99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-1--303-99)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--699)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1099)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 400--999)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10099)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency, Department of 
                Homeland Security (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)

[[Page 581]]

       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
        IX  Denali Commission (Parts 900--999)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Administration for Children and Families, Department 
                of Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission of Fine Arts (Parts 2100--2199)
     XXIII  Arctic Research Commission (Parts 2300--2399)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Homeland Security (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)

[[Page 582]]

        IV  National Telecommunications and Information 
                Administration, Department of Commerce, and 
                National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 400--499)
         V  The First Responder Network Authority (Parts 500--599)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Defense Acquisition Regulations System, Department of 
                Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management, Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  Broadcasting Board of Governors (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199) [Reserved]
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399) 
                [Reserved]

[[Page 583]]

        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  Civilian Board of Contract Appeals, General Services 
                Administration (Parts 6100--6199)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Pipeline and Hazardous Materials Safety 
                Administration, Department of Transportation 
                (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security (Parts 
                400--499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board (Parts 1000--1399)
        XI  Research and Innovative Technology Administration, 
                Department of Transportation (Parts 1400--1499) 
                [Reserved]
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1699)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)
        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)

[[Page 584]]

        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

[[Page 585]]





           Alphabetical List of Agencies Appearing in the CFR




                     (Revised as of January 1, 2020)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Conference of the United States    1, III
Advisory Council on Historic Preservation         36, VIII
Advocacy and Outreach, Office of                  7, XXV
Afghanistan Reconstruction, Special Inspector     5, LXXXIII
     General for
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              2, VII; 22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, VIII, IX, X, XI; 9, 
                                                  II
Agricultural Research Service                     7, V
Agriculture, Department of                        2, IV; 5, LXXIII
  Advocacy and Outreach, Office of                7, XXV
  Agricultural Marketing Service                  7, I, VIII, IX, X, XI; 9, 
                                                  II
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Economic Research Service                       7, XXXVII
  Energy Policy and New Uses, Office of           2, IX; 7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Food and Nutrition Service                      7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  National Institute of Food and Agriculture      7, XXXIV
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Procurement and Property Management, Office of  7, XXXII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force, Department of                          32, VII
  Federal Acquisition Regulation Supplement       48, 53
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
   Compliance Board
[[Page 586]]

Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI; 38, II
Army, Department of                               32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase from People Who Are
Broadcasting Board of Governors                   22, V
  Federal Acquisition Regulation                  48, 19
Career, Technical, and Adult Education, Office    34, IV
     of
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chemical Safety and Hazard Investigation Board    40, VI
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X, XIII
Civil Rights, Commission on                       5, LXVIII; 45, VII
Civil Rights, Office for                          34, I
Council of the Inspectors General on Integrity    5, XCVIII
     and Efficiency
Court Services and Offender Supervision Agency    5, LXX
     for the District of Columbia
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce, Department of                           2, XIII; 44, IV; 50, VI
  Census Bureau                                   15, I
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II; 37, IV
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Technical Information Service          15, XI
  National Telecommunications and Information     15, XXIII; 47, III, IV
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Secretary of Commerce, Office of                15, Subtitle A
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Financial Protection Bureau              5, LXXXIV; 12, X
Consumer Product Safety Commission                5, LXXI; 16, II
Copyright Royalty Board                           37, III
Corporation for National and Community Service    2, XXII; 45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Court Services and Offender Supervision Agency    5, LXX; 28, VIII
     for the District of Columbia
Customs and Border Protection                     19, I
Defense Contract Audit Agency                     32, I
Defense, Department of                            2, XI; 5, XXVI; 32, 
                                                  Subtitle A; 40, VII
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III; 
                                                  48, 51

[[Page 587]]

  Defense Acquisition Regulations System          48, 2
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  National Imagery and Mapping Agency             32, I
  Navy, Department of                             32, VI; 48, 52
  Secretary of Defense, Office of                 2, XI; 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
Denali Commission                                 45, IX
Disability, National Council on                   5, C; 34, XII
District of Columbia, Court Services and          5, LXX; 28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          2, XXXIV; 5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Career, Technical, and Adult Education, Office  34, IV
       of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
Educational Research and Improvement, Office of   34, VII
Election Assistance Commission                    2, LVIII; 11, II
Elementary and Secondary Education, Office of     34, II
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employee Benefits Security Administration         29, XXV
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Policy, National Commission for        1, IV
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             2, IX; 5, XXIII; 10, II, 
                                                  III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Environmental Protection Agency                   2, XV; 5, LIV; 40, I, IV, 
                                                  VII
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                2, Subtitle A; 5, III, 
                                                  LXXVII; 14, VI; 48, 99
  National Drug Control Policy, Office of         2, XXXVI; 21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II

[[Page 588]]

  Trade Representative, Office of the United      15, XX
       States
Export-Import Bank of the United States           2, XXXV; 5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       5, XXXVII; 11, I
Federal Emergency Management Agency               44, I
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Agency                    5, LXXX; 12, XII
Federal Housing Finance Board                     12, IX
Federal Labor Relations Authority                 5, XIV, XLIX; 22, XIV
Federal Law Enforcement Training Center           31, VII
Federal Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Financial Crimes Enforcement Network              31, X
Financial Research Office                         12, XVI
Financial Stability Oversight Council             12, XIII
Fine Arts, Commission of                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Food and Drug Administration                      21, I
Food and Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5

[[Page 589]]

  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Accountability Office                  4, I
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Gulf Coast Ecosystem Restoration Council          2, LIX; 40, VIII
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          2, III; 5, XLV; 45, 
                                                  Subtitle A
  Centers for Medicare & Medicaid Services        42, IV
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X, XIII
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  2, XXX; 5, XXXVI; 6, I; 8, 
                                                  I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection                   19, I
  Federal Emergency Management Agency             44, I
  Human Resources Management and Labor Relations  5, XCVII
       Systems
  Immigration and Customs Enforcement Bureau      19, IV
  Transportation Security Administration          49, XII
HOPE for Homeowners Program, Board of Directors   24, XXIV
     of
Housing and Urban Development, Department of      2, XXIV; 5, LXV; 24, 
                                                  Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Immigration and Customs Enforcement Bureau        19, IV
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII
Independent Counsel, Offices of                   28, VI
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V

[[Page 590]]

Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII, XV
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Interior, Department of                           2, XIV
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Natural Resource Revenue, Office of             30, XII
  Ocean Energy Management, Bureau of              30, V
  Reclamation, Bureau of                          43, I
  Safety and Enforcement Bureau, Bureau of        30, II
  Secretary of the Interior, Office of            2, XIV; 43, Subtitle A
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
International Development Finance Corporation,    5, XXXIII; 22, VII
     U.S.
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
Investment Security, Office of                    31, VIII
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice, Department of                            2, XXVIII; 5, XXVIII; 28, 
                                                  I, XI; 40, IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration Review, Executive Office for        8, V
  Independent Counsel, Offices of                 28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor, Department of                              2, XXIX; 5, XLII
  Employee Benefits Security Administration       29, XXV
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI
  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50

[[Page 591]]

  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I, VII
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Libraries and Information Science, National       45, XVII
     Commission on
Library of Congress                               36, VII
  Copyright Royalty Board                         37, III
  U.S. Copyright Office                           37, II
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II, LXIV
Micronesian Status Negotiations, Office for       32, XXVII
Military Compensation and Retirement              5, XCIX
     Modernization Commission
Millennium Challenge Corporation                  22, XIII
Mine Safety and Health Administration             30, I
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
Museum and Library Services, Institute of         2, XXXI
National Aeronautics and Space Administration     2, XVIII; 5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National and Community Service, Corporation for   2, XXII; 45, XII, XXV
National Archives and Records Administration      2, XXVI; 5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Capital Planning Commission              1, IV, VI
National Counterintelligence Center               32, XVIII
National Credit Union Administration              5, LXXXVI; 12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           2, XXXVI; 21, III
National Endowment for the Arts                   2, XXXII
National Endowment for the Humanities             2, XXXIII
National Foundation on the Arts and the           45, XI
     Humanities
National Geospatial-Intelligence Agency           32, I
National Highway Traffic Safety Administration    23, II, III; 47, VI; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute of Food and Agriculture        7, XXXIV
National Institute of Standards and Technology    15, II; 37, IV
National Intelligence, Office of Director of      5, IV; 32, XVII
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV
National Mediation Board                          5, CI; 29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       2, XXV; 5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
   and Technology Policy
[[Page 592]]

National Technical Information Service            15, XI
National Telecommunications and Information       15, XXIII; 47, III, IV, V
     Administration
National Transportation Safety Board              49, VIII
Natural Resources Conservation Service            7, VI
Natural Resource Revenue, Office of               30, XII
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy, Department of                               32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
Nuclear Regulatory Commission                     2, XX; 5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Ocean Energy Management, Bureau of                30, V
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
Patent and Trademark Office, United States        37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       2, XXXVII; 22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 5, IV; 45, 
                                                  VIII
  Human Resources Management and Labor Relations  5, XCVII
       Systems, Department of Homeland Security
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Pipeline and Hazardous Materials Safety           49, I
     Administration
Postal Regulatory Commission                      5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Privacy and Civil Liberties Oversight Board       6, X
Procurement and Property Management, Office of    7, XXXII
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Relocation Allowances                             41, 302
Research and Innovative Technology                49, XI
     Administration
Rural Business-Cooperative Service                7, XVIII, XLII
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV
Rural Utilities Service                           7, XVII, XVIII, XLII
Safety and Environmental Enforcement, Bureau of   30, II
Saint Lawrence Seaway Development Corporation     33, IV
Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
     National Security Council
Secret Service                                    31, IV
Securities and Exchange Commission                5, XXXIV; 17, II
Selective Service System                          32, XVI
Small Business Administration                     2, XXVII; 13, I
Smithsonian Institution                           36, V
Social Security Administration                    2, XXIII; 20, III; 48, 23

[[Page 593]]

Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State, Department of                              2, VI; 22, I; 28, XI
  Federal Acquisition Regulation                  48, 6
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Tennessee Valley Authority                        5, LXIX; 18, XIII
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     2, XII; 5, L
  Commercial Space Transportation                 14, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II
  Federal Motor Carrier Safety Administration     49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 47, IV; 49, V
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  Saint Lawrence Seaway Development Corporation   33, IV
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury, Department of the                       2, X;5, XXI; 12, XV; 17, 
                                                  IV; 31, IX
  Alcohol and Tobacco Tax and Trade Bureau        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs and Border Protection                   19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Claims Collection Standards             31, IX
  Federal Law Enforcement Training Center         31, VII
  Financial Crimes Enforcement Network            31, X
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  Investment Security, Office of                  31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
U.S. Copyright Office                             37, II
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs, Department of                   2, VIII; 38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I, VII
World Agricultural Outlook Board                  7, XXXVIII

[[Page 595]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations (CFR) that 
were made by documents published in the Federal Register since January 
1, 2015 are enumerated in the following list. Entries indicate the 
nature of the changes effected. Page numbers refer to Federal Register 
pages. The user should consult the entries for chapters, parts and 
subparts as well as sections for revisions.
For changes to this volume of the CFR prior to this listing, consult the 
annual edition of the monthly List of CFR Sections Affected (LSA). The 
LSA is available at www.govinfo.gov. For changes to this volume of the 
CFR prior to 2001, see the ``List of CFR Sections Affected, 1949-1963, 
1964-1972, 1973-1985, and 1986-2000'' published in 11 separate volumes. 
The ``List of CFR Sections Affected 1986-2000'' is available at 
www.govinfo.gov.



                                  2015

7 CFR
                                                                   80 FR
                                                                    Page
Subtitle B
Chapter I
27.94 (a) revised..................................................63890
........................................................................
........................................................................
........................................................................
........................................................................

                                  2016

7 CFR
                                                                   81 FR
                                                                    Page
Subtitle B
Chapter I
28.2 (g), (j) and (q) revised.......................................7029
28.32 (a)(3) revised................................................7029
28.35 Revised.......................................................7029
28.36 Revised.......................................................7029
28.37 Revised.......................................................7029
28.38 Revised.......................................................7029
28.39 Removed.......................................................7029
28.40 (a), (c), (d), (g) and (h) revised............................7029
28.47 Revised.......................................................7030
28.121 Revised......................................................7030
28.175--28.183 (Subpart B) Heading and authority citation revised 
                                                                    7030
28.175 Revised......................................................7030
28.176 (a) through (d) revised......................................7030
28.177 Revised......................................................7030
28.178 Revised......................................................7030
28.179 Redesignated as 28.183; new 28.179 added.....................7030
28.180 Redesignated as 28.185; new 28.180 added.....................7030
28.181 Redesignated as 28.186; new 28.181 added.....................7030
28.182 Redesignated as 28.187.......................................7030
    Added...........................................................7031
28.183 Redesignated as 28.188; redesignated from 28.179.............7030
    Revised.........................................................7031
28.184 Added........................................................7031
28.185 Redesignated from 28.180.....................................7030
    (e) redesignated as (f); new (e) added; introductory text, (d) 
and new (f) revised.................................................7031
28.186 Redesignated from 28.181.....................................7030
    Revised.........................................................7031
28.187 Redesignated from 28.182.....................................7030
    Revised.........................................................7031
28.188 Redesignated from 28.183.....................................7030
    Revised.........................................................7031
28.189 Added........................................................7031
28.190 Added........................................................7031

[[Page 596]]

28.191 Added........................................................7031
28.192 Added........................................................7031
37 Removed.........................................................52590
51 Policy statement................................................51297
51.6 Revised; interim..............................................93572
52 Policy statement.........................................27985, 93572
52.7 (a) revised; interim..........................................93572
52.1845 (b) and (c) revised........................................40780
52.1846 Table I amended............................................40780
52.1850 (a)(2) and (3) revised.....................................40780
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................

                                  2017

7 CFR
                                                                   82 FR
                                                                    Page
Subtitle B
Chapter I
51.6 Regulation at 81 FR 93572 comment period extended.............10959
51.2276 Removed....................................................39656
51.2277 (a) revised................................................39656
51.2278 (a) revised................................................39657
51.2279 Removed....................................................39657
51.2281 Revised....................................................39657
51.2282 Table II amended...........................................39657
51.2283 Revised....................................................39657
51.2946 Removed....................................................39657
51.2948 (a) revised................................................39657
51.2949 (a) revised................................................39657
51.2950 (a) revised................................................39657
51.2951 Removed....................................................39658
51.2954 Table revised..............................................39658
52 Notification....................................................39658
52.7 Regulation at 81 FR 93572 comment period extended.............10959
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................

                                  2018

7 CFR
                                                                   83 FR
                                                                    Page
Subtitle B
Chapter I
46.46 (d) and (f)(1)(iv) revised....................................5178
46.49 Revised.......................................................5178
51.6 Regulation at 81 FR 93572 eff. date confirmed.................27290
51.1403 (b) revised................................................50476
51.1436 (b) revised................................................50476
51.1437 Table I amended............................................50477
51.1438 Table II and Table III amended.............................50477
51.1443 Revised....................................................50477
52 Policy statement................................................31441
52.7 Regulation at 81 FR 93572 eff. date confirmed.................27290
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................

                                  2019

7 CFR
                                                                   84 FR
                                                                    Page
Subtitle A
51.19 (a) introductory text, (1) through (4), and (a) concluding 
        text redesignated as (a)(1) introductory text, (i) through 
        (iv), and (2); new (a)(1)(ii) and new (2) revised; new 
        (a)(1)(iii) amended.........................................8590
51.300 Revised.....................................................51941
51.301 Revised.....................................................51941
51.302 Introductory text revised...................................51941
51.305 Undesignated introductory text removed; (a) and (b) added 
                                                                   51941
51.475--51.494c (Subpart) Removed; interim...........................961
51.475--51.494c (Subpart) Regulation at 84 FR 961 confirmed........33827
51.560--51.588 (Subpart) Removed; interim............................961
51.560--51.588 (Subpart) Regulation at 84 FR 961 confirmed.........33827
51.595--51.613 (Subpart) Removed; interim............................961
51.595--51.613 (Subpart) Regulation at 84 FR 961 confirmed.........33827
51.1000--51.1016 (Subpart) Removed; interim..........................961
51.1000--51.1016 (Subpart) Regulation at 84 FR 961 confirmed.......33827
51.1210--51.1223 (Subpart) Removed; interim..........................961
51.1210--51.1223 (Subpart) Regulation at 84 FR 961 confirmed.......33827
51.2925--51.2934 (Subpart) Removed; interim..........................961
51.2925--51.2934 (Subpart) Regulation at 84 FR 961 confirmed.......33827

[[Page 597]]

51.3145--51.3160 (Subpart) Removed; interim..........................961
51.3145--51.3160 (Subpart) Regulation at 84 FR 961 confirmed.......33827
51.3740--51.3749 (Subpart) Removed; interim..........................961
51.3740--51.3749 (Subpart) Regulation at 84 FR 961 confirmed.......33827
52 Notification....................................................16381
52.18 (a) introductory text, (1), (2), (3), and concluding text 
        redesignated as (a)(1) introductory text, (i), (ii), 
        (iii), and (2); new (a)(1)(ii), new (2), and (b) revised 
                                                                    8590

                                  [all]