[Federal Register Volume 61, Number 78 (Monday, April 22, 1996)]
[Proposed Rules]
[Pages 17580-17586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9829]



 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 61, No. 78 / Monday, April 22, 1996 / 
Proposed Rules  

[[Page 17580]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 51

[Docket Number FV-95-305]


Shelled Almonds and Almonds in the Shell; Grade Standards

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: This rule would revise the United States Standards for Grades 
of Shelled Almonds and the United States Standards for Grades of 
Almonds in the Shell. The Almond Board of California's Grades 
Subcommittee (ABCGS) recommends changes ``to better reflect the 
requirements of today's almond industry.'' The ABCGS specifically 
requests changes to the foreign material tolerances; the tolerance for 
live insects inside the shell; removing the language ``appearance of 
the lot'' from all definitions in the standards; combining tolerances 
for chipping and scratching and split and broken in the U.S. Standard 
Sheller Run grade; revising current definitions; and adding new 
definitions.
    The Agricultural Marketing Service (AMS), in cooperation with 
industry, and other interested parties develops and improves standards 
of quality, condition, quantity, grade, and packaging in order to 
facilitate commerce by providing buyers, sellers, and quality assurance 
personnel uniform language and criteria for describing various levels 
of quality and condition as valued in the marketplace.

DATES: Comments must be postmarked or courier dated on or before July 
21, 1996.

ADDRESSES: Interested parties are invited to submit written comments 
concerning this proposal. Comments must be sent to the Standardization 
Section, Fresh Products Branch, Fruit and Vegetable Division, 
Agricultural Marketing Service, U.S. Department of Agriculture, P.O. 
Box 96456, Room 2049 South Building, Washington, DC 20090-6456. FAX 
number (202) 720-8871. Comments should make reference to the date and 
page number of this issue of the Federal Register and will be made 
available for public inspection in the above office during regular 
business hours.

FOR FURTHER INFORMATION CONTACT: Frank O'Sullivan, at the above address 
or call (202) 720-2185.

SUPPLEMENTARY INFORMATION: The U.S. Department of Agriculture is 
issuing this proposed rule in conformance with Executive Order 12866.
    Pursuant to the requirements set forth in the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.), the Administrator of AMS has 
determined that this action will not have a significant economic impact 
on a substantial number of small entities. This proposed rule for the 
revision of U.S. Standards for Grades of Shelled Almonds and U.S. 
Standards for Grades of Almonds In The Shell will not impose 
substantial direct economic cost, recordkeeping, or personnel workload 
changes on small entities, and will not alter the market share or 
competitive position of these entities relative to large businesses.
    This proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. This action is not intended to have retroactive 
effect. This proposed rule will not preempt any State or local laws, 
regulations, or policies, unless they present an irreconcilable 
conflict with this rule. There are no administrative procedures which 
must be exhausted prior to any judicial challenge to the provisions of 
the rule.
    Agencies periodically review existing regulations. An objective of 
the review is to ensure that the grade standards are serving their 
intended purpose, the language is clear, and the standards are 
consistent with AMS policy and authority.
    The United States Standards for Grades of Shelled Almonds and 
United States Standards for Grades of Almonds in the Shell are issued 
in accordance with the provisions of the Agricultural Marketing Act of 
1946. The standards were last revised in August 1960 and July 1964, 
respectively. The ABCGS has requested that the standards be revised in 
order to bring them into conformity with current cultural, harvesting 
and marketing practices.
    The definition of ``similar varietal characteristics'' in 
Sec. 51.2117 of the current U.S. Standards for Grades of Shelled 
Almonds states 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.'' The ABCGS recommended adding two designations to this 
definition -- ``one type'' and ``California.'' This would affect all of 
the grades that have a requirement for ``similar varietal 
characteristics'' (only the U.S. No. 1 Pieces grade has no such 
requirement). The ``one type'' designation would retain the current 
definition of similar varietal characteristics. The ``California'' 
designation would allow for more than one variety of blanchable type 
almonds to be mixed, including up to 25 percent of the ``Nonpareil'' or 
similar type, and meet the definition of ``similar varietal 
characteristics, California'' designation. Lots not designated as 
either type would be considered ``one type.''
    The industry commonly markets almonds indicating either individual 
varieties or mixtures of several similar appearing varieties. There are 
five established industry mixtures, including ``California.'' The other 
four consist of ``Nonpareil,'' ``Mission,'' ``NePlus Ultra,'' and 
``Inshell Bleaching.'' All are recognized as separate groupings and may 
contain several varieties showing dissimilar characteristics (based on 
shape and appearance). However, the varieties in each classification 
have broad similarities in their uses, propensity for blanching, and 
acceptance for particular end products. The ``California'' mixture is 
widely recognized within the industry. The ``California'' mixture is 
defined in the Almond Variety Update, 1985, referencing the 
establishment of the definition in 1972 by USDA, Federal-State 
Inspection Service. It may include the varieties Ballico, California, 
Davey, Harvey, Merced, Norman, Ruby, Thompson, Vesta and all other 
varieties that are similar to the varieties listed and in addition the 
variety Nonpareil

[[Page 17581]]

may be included in the classification but not to exceed 25 percent by 
weight of the lot. All varieties in the ``California'' mixture are 
blanchable.
    All blanchable type almonds are not similar in shape and 
appearance. However, the ABCGS contends that handlers are not concerned 
with differences in the shape or appearance of the almonds, as long as 
they are blanchable. This mixing of varieties is a common practice in 
the industry today. However, using the current standards, inspected 
lots would not meet the requirement for similar varietal 
characteristics, and would be certified as either failing to meet a 
specific grade due to dissimilar varieties; or, as meeting a ``Mixed'' 
grade designation. The ABCGS states that these options (fails to meet a 
specified grade and Mixed) negatively impact the marketing of such lots 
even though the seller and buyer are fully aware of the product's 
characteristics. (The U.S. Fancy and U.S. Extra No. 1 grades cannot be 
re-designated as ``Mixed'' lots.)
    By expanding the definition of similar varietal characteristics as 
ABCGS recommends, the standards will be in-line with current marketing 
practices. The change would allow lots that are comprised of blanchable 
types, including up to 25 percent Nonpareil types, to meet the 
requirements of ``similar varietal characteristics'' when so designated 
as ``California'' type.
    Currently, the U.S. No. 1, U.S. Select Sheller Run, U.S. Standard 
Sheller Run, and U.S. No. 1 Whole and Broken grades may be designated 
as U.S. No. 1 Mixed, U.S. Select Sheller Run Mixed, U.S. Standard 
Sheller Run Mixed, and U.S. No. 1 Whole and Broken, Mixed if two or 
more dissimilar varieties are found in excess of the tolerance, and all 
other defects are within the tolerances. If the definition for 
``similar varietal characteristics'' is changed as ABCGS recommends, 
only those lots designated as ``one type'' or undesignated lots would 
need be redesignated as ``Mixed'' if the tolerance for dissimilar 
varieties is exceeded.
    This proposed change regarding similar varietal characteristics 
would not affect the U.S. Standards for Grades of Almonds In The Shell. 
Because of the nature of in shell almonds, no change to the current 
definition of similar varietal characteristics is warranted in this 
standard.
    The ABCGS recommends that the tolerances for foreign material be 
tighter in most grades, including a ``zero tolerance'' for glass and 
metal in all grades in the U.S. Standards for Grades of Shelled 
Almonds. They contend that this tightening of the tolerances reflects 
the current requirements of most buyers, and meets current food safety 
concerns in regard to glass and metal. The ABCGS reports that major 
buyers of almonds are setting more stringent tolerances (than current 
tolerances in the U.S. grades) for foreign material in contract 
specifications. In discussions with representatives of the industry, 
most felt that although the tighter tolerances would be more difficult 
to meet, it would not be impossible. The effect this change would have 
on the industry would be to fail any lot found to have any amount of 
glass or metal, and in most grades further restrict other types of 
foreign material.
    The ABCGS recommends that the tolerance for live insects inside the 
shell be restricted to zero in the U.S. Standards for Grades of Almonds 
In The Shell. They state that this tightening of the tolerance reflects 
the requirements of consumers, and with effective fumigation practices 
live insects can be eliminated. This change would cause any lot found 
to have any amount of live insects if found inside the shell to fail to 
meet any U.S. grade.
    The ABCGS recommends to modify the U.S. Standard Sheller Run grade 
within the U.S. Standards for Grades of Shelled Almonds by combining 
the tolerances for chipped and scratched kernels (20 percent) and split 
and broken kernels (15 percent). The new total tolerance would be 35 
percent, with a restriction of not more than 15 percent for split and 
broken. The ABCGS views chipped and scratched kernels as less 
objectionable than split and broken kernels. Chipped and scratched 
kernels essentially retain their full shape, but have superficial chips 
and scratches of the pellicle and meat. Split and broken kernels are 
those with 1/8 or more of the kernel split or broken off. The effect of 
this change would be to allow with up to 35 percent chipped and 
scratched (with 0 percent split and broken), or any combination of the 
two types of defects totaling 35 percent (or less), as long as the 
percentage of split and broken does not exceed 15 percent.
    The ``Unclassified'' designation would be deleted from the two 
grade standards. The term ``unclassified'' is not a grade within the 
meaning of the standards and only serves to show that no grade has been 
applied to the lot. Since this designation is rarely used and may 
create some confusion in the marketplace, it would be deleted from the 
standards.
    The ABCGS recommends that current language referring to 
``appearance of the lot'' be removed from both grade standards. 
Currently, this language is found in the general definitions of 
``injury,'' ``damage,'' and in the specific definition of ``damage by 
chipped and scratched kernels'' in the shelled grades; and, in the 
general definition of ``damage'' in the in-the-shell grades. This 
language allows interpretations for various defects, whereby a lot of 
almonds that are not considered injured, or damaged individually by 
particular defects may be considered injured or damaged based on 
affecting the appearance of the lot. Removing this language would limit 
the scoring of defects based on the individual kernel and not on the 
general appearance of the lot.
    This change in both grade standards would cause defects to be 
scored, based on the individual kernel, rather than based on the lot as 
a whole.
    ABCGS suggests that USDA revise the definition of ``damage by gum'' 
from its current definition of ``more than 1/8 of the surface 
affected'' to an ``area aggregating more than the equivalent of a 
circle 1/4 inch in diameter'' in both grade standards regardless of the 
size of the almond. The ABCGS feels that gum is a serious defect on any 
size nut, (generally viewed as an inedible) and should be scored more 
tightly than at present. Industry generally allows less of an area to 
be affected than the current standards permit. By using a specific area 
rather than a percentage of the surface, scoring will be easier and 
more objective for inspectors.
    The ABCGS recommends that the definition of ``fairly uniform 
color'' be changed in Sec. 51.2086 of the U.S. Standards for Grades of 
Almonds In The Shell to account for uniformity in color of the shell, 
whether lots of almonds are ``natural'' or ``bleached.'' The industry 
offers in-the-shell almonds with both ``natural'' and ``bleached'' 
shells. Bleaching of the shells is an approved practice within the 
industry, however, confusion exists between buyers and sellers 
regarding the acceptability of bleached shells. Adding the reference of 
bleaching in the definition of ``fairly uniform color'' should 
eliminate the confusion.
    The ABCGS recommends that the definition of ``decay'' be changed in 
Sec. 51.2121 of the U.S. Standards for Grades of Shelled Almonds to 
correspond with the definition in the U.S. Standards for Grades of 
Almonds In The Shell from ``the kernel is putrid or decomposed'' to 
``part or all of the kernel has become decomposed.'' The language and 
wording of decay would be changed to promote uniformity and consistency 
between the two grade standards.
     The definitions of ``damage,'' ``insects,'' ``mold,'' and 
``shriveling''

[[Page 17582]]

would be changed in the U.S. Standards for Grades of Almonds In The 
Shell to correspond with the definitions in the U.S. Standards for 
Grades of Shelled Almonds. The language and wording of these 
definitions would be changed to promote uniformity and consistency 
between the two grade standards.
    Skin discoloration of the kernel (staining) is currently referenced 
as a defect in the in-the-shell standard. Skin discoloration does not 
change when the almonds are shelled, and therefore would be considered 
a defect in the shelled standard. The ABCGS recommends specifically 
referencing this defect in the shelled standards to promote uniformity 
and consistency between the two grade standards. Although this skin 
discoloration has historically been considered a defect in the shelled 
almonds standards, specifically naming it will give a point of 
reference to the industry and the inspection service.
    In keeping with Departmental Regulations of moving towards 
metrification, metric equivalents will be added, in parenthesis, 
following any Imperial measurements, throughout the text of the 
standards. The metric equivalents, in millimeters, are based on the 
conversion of 64/64 on an inch equals 25.4 millimeters.

List of Subjects in 7 CFR Part 51

    Agricultural commodities, Food grades and standards, Fruits, Nuts, 
Reporting and recordkeeping requirements, Trees, Vegetables.

PART 51--[AMENDED]

    For reasons set forth in the preamble, 7 CFR part 51 is proposed to 
be amended as follows:

    1. The authority citation for 7 CFR part 51 continues to read as 
follows:

    Authority: 7 U.S.C. 1621-1627.

    2. In part 51, Subpart--United States Standards for Grades of 
Almonds in the Shell is revised to read as follows:

Subpart--United States Standards for Grades of Almonds in the Shell

Grades

Sec.
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 Almonds in the Shell

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 count, 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.


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 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 count.

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.

[[Page 17583]]

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 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.
    3. In Part 51, Subpart--United States Standards for Grades of 
Shelled Almonds is revised to read as follows:

Subpart--United States Standards of Grades of Shelled Almonds

Grades

Sec.
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 Grades of Shelled Almonds

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 Secs. 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 Secs. 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;

[[Page 17584]]

    (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 
spot or other means. (See Secs. 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 Secs. 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 Secs. 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, 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 Secs. 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 Secs. 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.


Sec. 51.2112  Mixed varieties.

    Any lot of shelled almonds designated as ``one type'' or 
undesignated as to

[[Page 17585]]

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.

Count Range per Ounce

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 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 almonds 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:
    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 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.

[[Page 17586]]

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.

    Dated: April 9, 1996.
Lon Hatamiya,
Administrator.
[FR Doc. 96-9829 Filed 4-19-96; 8:45 am]
BILLING CODE 3410-02-P