[Federal Register Volume 62, Number 13 (Tuesday, January 21, 1997)]
[Rules and Regulations]
[Pages 2891-2896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1330]



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  Federal Register / Vol. 62, No. 13 / Tuesday, January 21, 1997 / 
Rules and Regulations  

[[Page 2891]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 51

[Docket No. FV-95-305]


Shelled Almonds and Almonds in the Shell; Grade Standards

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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

SUMMARY: This final rule revises the United States Standards for Grades 
of Shelled Almonds and the United States Standards for Grades of 
Almonds in the Shell. The Agricultural Marketing Service (AMS), in 
cooperation with the almond industry and other interested parties, 
develops and revises 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.
    The revision will change the foreign material tolerances; the 
tolerance for live insects inside the shell; remove the language 
``appearance of the lot'' from all definitions in the standards; 
combine tolerances for chipping and scratching and split and broken in 
the U.S. Standard Sheller Run grade; revise current definitions; and 
add new definitions.

EFFECTIVE DATE: March 24, 1997.

FOR FURTHER INFORMATION CONTACT: Frank O'Sullivan, Fresh Products 
Branch, Fruit and Vegetable Division, Agricultural Marketing Service, 
U.S. Department of Agriculture, P.O. Box 96456, Room 2065 South 
Building, Washington, D.C. 20090-6456, or call (202) 720-2185.

SUPPLEMENTARY INFORMATION: The U.S. Department of Agriculture is 
issuing this rule in conformance with Executive Order 12866.
    Pursuant to the requirements set forth in the Regulatory 
Flexibility Act (RFA), the Agricultural Marketing Service (AMS) has 
considered the economic impact of this action on small entities.
    The purpose of the RFA is to fit regulatory actions to the scale of 
businesses subject to such actions in order that small businesses will 
not be unduly or disproportionately burdened. The United States 
standards issued pursuant to the Act, and issued thereunder, are unique 
in that they are brought about through group action of essentially 
small entities acting on their own behalf. Thus, both statutes have 
small entity orientation and compatibility.
    There are approximately 100 handlers of almonds who are subject to 
regulation under these standards and approximately 7,000 producers of 
almonds. Small agricultural service firms, which includes handlers, 
have been defined by the Small Business Administration (13 CFR 121.601) 
as those having annual receipts of less than $5,000,000, and small 
agricultural producers are defined as those having annual receipts of 
less than $500,000. A majority of handlers and producers of almonds may 
be classified as small entities.
    The revisions will change the foreign material tolerances; the 
tolerance for live insects inside the shell; remove the language 
``appearance of the lot'' from all definitions in the standards; 
combine tolerances for chipping and scratching and split and broken in 
the U.S. Standard Sheller Run grade; revise current definitions; and 
add new definitions. These changes are being made in order to bring the 
standards into conformity with current cultural, harvesting and 
marketing practices. (The standards were last revised in August 1960 
and July 1964, respectively.) Accordingly, AMS has determined that the 
issuance of this final rule will not have a significant economic impact 
on a substantial number of small entities.
    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This action is not intended to have retroactive effect. 
This 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 proposed rule, United States Standards for Grades of Shelled 
Almonds, and the United States Standards for Grades of Almonds in the 
Shell, was published in the Federal Register on April 22, 1996 (61 FR 
17580-17586).
    The Almond Board of California's Grades Subcommittee (ABCGS) 
requested that the standards be revised in order to bring them into 
conformity with current cultural, harvesting and marketing practices.
    The 60-day comment period ended June 21, 1996, and a total of seven 
comments were received from growers, handlers, shippers, and receivers.
    A copy of the proposed rule was provided to the Agricultural 
Research Service (ARS) for help in identifying studies, data collection 
or other information concerning the possible effect of the proposed 
revision on pesticide use. ARS was unable to identify any relevant 
information.
    Three comments were in favor of the proposal in its entirety. These 
commentors agreed that due to changes in current cultural, harvesting, 
and marketing practices of almonds, it was necessary to change the 
standards as proposed.
    One commentor was in favor of the proposal with one exception, the 
zero tolerance for glass and metal in the U.S. Standards for Grades of 
Shelled Almonds ``could be devastating especially in a year of low 
prices to processors.'' The commentor states that ``a customer may 
claim to have found a small piece of glass or metal after the product 
has been graded and shipped which would cause rejection of the whole 
load.'' AMS disagrees that this would be a problem for the industry. 
Furthermore, an inspection at any point along the marketing chain may 
be requested. In addition, the ABCGS, which represents a majority of 
the industry, contends that the zero tolerance for glass and metal, 
which is

[[Page 2892]]

included in the tolerances for foreign material, reflects the current 
requirements of most buyers and meets current food safety concerns.
    The three remaining comments were in favor of the proposal except 
for its provisions regarding embedded shell as it pertains to foreign 
material; the definition of similar varietal characteristics; and, 
definitions and tolerances for chipped and scratched kernels as well as 
split and broken kernels. All three comments expressed concern over 
``embedded shell'' as a defect in the U.S. Standards for Grades of 
Almonds in the Shell. The commentors contend that almond shell that has 
become embedded in the almond nutmeat--embedded shell, should be 
considered as foreign material. AMS disagrees with classifying embedded 
shell as foreign material. The definition of foreign material in the 
standards does not include almonds or almond kernels, and has 
historically been reserved for material other than pieces of almond or 
almond kernels. Currently, embedded shell is scored as damage against 
the tolerance for ``other defects.'' Additionally, AMS understands that 
the industry is forming a working group to study this issue and to make 
a recommendation to AMS. Revising the standards to include the 
commentors' recommendation at this time would be premature in light of 
this study. Therefore, no change is being made to the rule in response 
to these comments.
    Two of the three comments expressed concern over the proposed 
revision to the definition of similar varietal characteristics. One of 
the commentors raised the concern that the similarity in the shape and 
appearance is critical. The other commentor raised the concern that 
this definition is being ``relaxed where varieties are not properly 
identified.'' AMS disagrees. The proposed definition of similar 
varietal characteristics includes ``kernels that are similar in shape 
and appearance.'' Unless the lot is specified as ``California,'' the 
lot must have kernels that are similar in shape and appearance. 
Therefore, this should not relax the identification of varieties but 
enhance it. No change is being made to the rule in response to these 
comments.
    Two of the three comments expressed concern over the proposed 
revision to the definitions of, and the tolerances for the defects 
``chipping and scratching,'' and ``split and broken.'' One of the 
commentors raised the concern that the tolerances for chipping and 
scratching and split and broken in the U.S. Sheller Run grade ``* * * 
need to be measured separately.'' AMS is of the view that the proposed 
changes do address the defects separately. In the U.S. Standards for 
Grades of Shelled Almonds, Sec. 51.2109 U.S. Sheller Run grade, 
paragraph (c) For kernels damaged by chipping and/or scratching or 
split and broken allows 35 percent, provided that not more than 15 
percent shall be allowed for split and broken. The intent of this 
section is that chipped and/or scratched kernels have to be measured 
separately from broken and split kernels. The other commentor stated 
that the ``removal of the separate control limits for the two defects 
(chipping and scratching or split and broken) will result in wide 
product variance.'' AMS agrees that there will be some product variance 
in the U.S. Standards for Grades of Shelled Almonds, Sec. 51.2109 U.S. 
Sheller Run grade, but only for chipped and scratched kernels. The 
proposed changes would allow up to 35 percent chipped and scratched 
kernels (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. A contract 
between interested parties may specify a more restrictive tolerance for 
these defects. 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. In addition, ABCGS views chipped and 
scratched kernels as less objectionable than split and broken kernels. 
Therefore, there will be some product variance but only for chipped and 
scratched kernels, which is less objectionable than split and broken 
kernels, and contract specifications can further restrict these 
tolerances. Therefore, no change is being made to the rule in response 
to these comments.
    Lastly, one of the three comments suggested revisions to the 
definitions of ``whole,'' ``split or broken kernels,'' and ``injury.'' 
The commentor suggested extensive revisions to these definitions in 
terms of redefining what they mean. AMS is of the view that these 
definitions have served for the more than 30 years and they have become 
common terminology among those who buy and sell commercial volumes of 
almonds. Changing these definitions, when no need has been adequately 
demonstrated, could disrupt the efficient marketing of almonds. 
Therefore, no change is being made to the rule in response to this 
comment.
    AMS develops and improves standards of quality, condition, grade, 
and packaging in order to facilitate efficient marketing. The 
provisions of the proposed rule are being finalized without any 
changes.

List of Subjects in 7 CFR Part 51

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

    For reasons set forth in the preamble, 7 CFR Part 51 is amended as 
follows:

PART 51--[AMENDED]

    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.

[[Page 2893]]

    (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.


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.

[[Page 2894]]

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

Subpart--United States Standards for 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;
    (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.)

[[Page 2895]]

    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.

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.

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

[[Page 2896]]

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 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.

    Dated: January 14, 1997.
Robert C. Keeney,
Director, Fruit and Vegetable Division.
[FR Doc. 97-1330 Filed 1-17-97; 8:45 am]
BILLING CODE 3410-02-P