[Federal Register Volume 67, Number 58 (Tuesday, March 26, 2002)]
[Proposed Rules]
[Pages 13722-13731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7221]


 ========================================================================
 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. 67, No. 58 / Tuesday, March 26, 2002 / 
Proposed Rules  

[[Page 13722]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 51

[Docket Number FV-98-303]


Apples; Grade Standards

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: This proposed rule would revise the United States Standards 
for Grades of Apples. These standards are issued under the Agricultural 
Marketing Act of 1946. The proposal would provide for the mixed 
varieties and change the color requirements for apples by reducing the 
number of apple varieties required to meet specific minimum color 
requirements. It would also delete the provision that apples be 
``carefully hand-picked.'' The ``U.S. No. 1 Early grade'' and the 
``Unclassified'' section would also be deleted. Size specifications 
would be changed to allow Red Delicious and Golden Delicious varieties 
to meet either a minimum diameter or a minimum weight (currently these 
varieties must meet a minimum diameter designation). Changes would also 
be made to the application of tolerances for the purpose of allowing 
greater tolerances for defects in individual packages which contain 10 
pounds or less, provided that the averages for the lot as a whole are 
met. The marking requirements would be changed by adding variety and 
grade to required markings on containers. The term ``brown surface 
discoloration'' would be added to the provisions which contain the 
requirements for the various grades of apples. The classification of 
``Bitter pit'' and ``Jonathan spot'' would be clarified. Also, the U.S. 
Condition Standards for Export would be revised by removing the 
tolerance for slight scald and by changing the individual container 
tolerances in these requirements from one defective apple to three 
defective apples, provided the averages for the lot as a whole are met. 
In addition, the proposed rule will provide metric equivalents for 
dimensions given in terms of U.S. customary units and contains 
conforming and editorial changes. The purpose for this revision is to 
update and revise the standards to more accurately represent today's 
marketing practices.

DATES: Comments must be received by May 28, 2002.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this proposal. Comments must be sent to the Standardization 
Section, Fresh Products Branch, Fruit and Vegetable Programs, 
Agricultural Marketing Service, U.S. Department of Agriculture, 1400 
Independence Avenue, SW., Room 2065, South Building, STOP 0240, 
Washington, DC 20250; Fax (202) 720-8871, e-mail 
[email protected]. 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: David Priester, at the above address 
or call (202) 720-2185; e-mail [email protected].

SUPPLEMENTARY INFORMATION:

Executive Order 12866 and 12988

    The Office of Management and Budget has waived the review process 
required by Executive Order 12866 for this action. 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.

Regulatory Flexibility Act

    The Agricultural Marketing Service (AMS) received a request to 
update and revise the United States Standards for Grades of Apples from 
the U.S. Apple Association (USAA). The USAA is a trade association 
representing over 500 individual apple business-related firms including 
growers, packers, shippers, processors, and industry suppliers. In 
addition, the USAA also represents approximately 9,000 apple growers 
throughout the U.S. through affiliation with state or regional apple 
associations. The Department and the USAA have been working closely 
together over the past eleven years to identify issues, defects, 
tolerances, and marketing practices related to apples for fresh market 
sale for the purpose of updating the United States Standards for Grades 
of Apples. The revisions being proposed will benefit all aspects of the 
apple industry with regard to these areas and make the standards 
current with today's marketing trends and practices.
    Pursuant to the requirements set forth in the Regulatory 
Flexibility Act (RFA), 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. Accordingly, AMS has prepared this initial regulatory 
flexibility analysis. Interested parties are invited to submit 
information on the regulatory and informational impacts of this action 
on small businesses.
    This rule would revise the U.S. Standards for Grades of Apples that 
were issued under the Agricultural Marketing Act of 1946. The proposed 
amendment of the standards would: revise the basic requirements 
sections of each grade by providing for mixed varieties; delete the 
reference to ``carefully hand-picked''; revise the reference to 
``scald'' by using the term ``brown surface discoloration''; clarify 
the classification of ``Bitter pit'' and ``Jonathan spot''; place the 
definitions for bruising in their appropriate places; delete the ``U.S. 
No. 1 Early grade''; revise the color requirements section by 
redefining the requirements and requiring less varieties to meet these 
requirements; delete the ``Unclassified'' section; designate weight 
equivalents (in grams) for certain diameter sizes of Red Delicious and 
Golden Delicious varieties; revise the ``application of tolerances'' 
section in regard to consumer packages; and add variety and grade to 
the marking requirements section.
    The U.S. Standards for Grades of Apples and the U.S. Condition 
Standards for Export are both voluntary standards. There are no 
regulatory

[[Page 13723]]

provisions that require the use of these standards with the exception 
of the Export Apple Act (7 U.S.C. 581 et seq.) and its regulations (7 
CFR part 33) in regard to the U.S. Standards for Grades of Apples. 
Under the Export Apple Act, shipments of apples to foreign countries 
must meet a minimum requirement of the U.S. No. 1 grade (there are 
exemptions based on lot size, destination, etc.).
    According to USDA's National Agricultural Statistics Service (NASS) 
report of the 1997 Census of Agriculture, there are approximately 
18,500 apple farms in the United States. Further, NASS information 
indicates that, in 1998, these 18,500 farms produced over 11 billion 
pounds of apples. Approximately 55 percent of the 1998 crop was eaten 
as fresh fruit. In 1999, apple production was down to 10 billion 
pounds. The top five producing states were Washington, New York, 
Michigan, California, and Pennsylvania, respectively. These five states 
collectively produced over 83 percent of the total 1998 U.S. apple 
crop.
    Small agricultural service firms, which include handlers, have been 
defined by the Small Business Administration (SBA) (13 CFR 121.201) 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 $750,000. The apple industry is characterized by growers and 
handlers whose farming operations generally involve more than one type 
(such as fresh market utilization versus processed market utilization) 
and variety of apple, and whose income from farming operations is not 
exclusively dependent on one apple variety or even one commodity. 
Typical apple growers and shippers produce multiple varieties of fresh 
market apples within a single year. It is estimated that the majority 
of the producers do have overall gross annual receipts greater than 
$750,000. Additionally, there are approximately 5,100 apple handlers 
(i.e., packers, brokers, distributors, importers, etc.). It is 
estimated that the majority of apple handlers do not fit SBA's 
definition of a small entity.
    This rule proposes several changes to the U.S. Standards for Grades 
of Apples. These changes are intended to update the standards to 
maintain their usefulness in today's markets. For example, the color 
requirements that appear in the current standards are much the same as 
those that were published in 1923 even though many of the varieties 
marketed then are no longer marketed, or marketed in a significant 
volume. This proposed action will make the standards more consistent 
and uniform with current marketing trends and commodity 
characteristics. Therefore, it should benefit handlers and growers 
regardless of their size. Further, the benefits of this rule are not 
expected to be disproportionately greater or smaller for small handlers 
or producers than for larger entities. Alternatives were considered for 
this action. One alternative would be to not issue the proposed 
changes. However, the need for revision increases due to ever changing 
market characteristics, and the proposal represents approximately 10 
years of research, surveys, and other input from all sectors of the 
apple industry and government. Further, since the purpose of these 
standards is to facilitate the marketing of agricultural commodities, 
not revising them by upgrading the standard could result in confusion 
in terms of the proper application of the U.S. grade standards.
    This proposed action will not impose any additional reporting or 
recordkeeping requirements on either small or large apple producers, 
handlers, or importers. In addition, other than discussed above, the 
Department has not identified any Federal rules that duplicate, 
overlap, or conflict with this rule.

Discussion of Proposed Revisions

    The current U.S. apple grades (U.S. Extra Fancy, U.S. Fancy, U.S. 
No. 1, U.S. No. 1 Early, U.S. No. 1 Hail, and U.S. Utility) would 
remain in the standards. The U.S. No. 1 Early grade would be removed. 
This grade (Section 51.302 (a)) would be deleted since market surveys 
performed by the Department have indicated that it is no longer used by 
the industry.
    Section 51.300, U.S. Extra Fancy, Section 51.301, U.S. Fancy, and 
Section 51.303, U.S. Utility currently state that apples must be ``of 
one variety.'' This would be changed to `` . . . consists of apples of 
one variety (except when more than one variety is printed on the 
container)'' to allow for mixed variety lots. This change is being 
proposed primarily for the benefit of those shipper/packers that would 
prefer to pack more than one variety in the same container, such as 
gift packs of two or more varieties. However, the names of the multiple 
varieties would be required to be printed on the container. Any 
packages that contain more than one variety and are not designated as 
such on the container would fail to grade due to dissimilar varieties.
    Sections 51.300, 51.301, and 51.303 also state that the apples must 
be ``. . . carefully handpicked.'' We propose to delete this provision 
and its corresponding definition in Sec. 51.315 because it is difficult 
to determine if an apple has been ``carefully handpicked,'' especially 
at points of destination. Further, this requirement was not intended to 
prevent machine picked apples from making a U.S. grade. The original 
intent of this phrase was to preclude apples which had fallen from the 
tree and were laying on the ground (commonly referred to as ``drops'') 
from making a U.S. grade. However, the apple industry does not use 
drops for packing. As a result of the deletion of Sec. 51.315, all 
sections following this section would be renumbered accordingly.
    The Department's Agricultural Handbook 376 states that ``Scald is a 
physiological disease of apples that has been recognized as a serious 
problem for as long as apples have been stored and marketed 
commercially. Scald is known by such names as ordinary scald, storage 
scald, common scald, hard scald (as opposed to the soft scald disease), 
and superficial scald, although tissues may be killed to \1/4\ inch in 
some varieties.''
    Sections 51.300, 51.301, and 51.303 currently require that apples 
be free from ``scald'' in any of the grades. Although there are many 
different origins of scald, there are primarily only two types, surface 
scald and soft scald. Surface scald which only affects the skin of the 
apple and which is firm in texture, would be included under the 
definitions of injury, damage, and serious damage, under the term 
``brown surface discoloration.'' The word ``scald'' would be replaced 
with the phrase ``soft scald'' in these sections. To meet any of the 
grades apples would be requires to be free from ``soft scald.''
    Many years ago, scald was a serious problem in shipments of apples, 
especially lots which had been stored for a period of time before 
shipment or sale. Improved harvesting techniques and anti-scald 
treatments have substantially limited the presence of scald in apple 
shipments. Although soft scald results in a disintegration of the 
flesh, and sometimes also produces a foul odor, surface scald is less 
objectionable, restricting the area affected to that of the skin. In 
addition, there are several types of defects which occur simply as 
brown surface discoloration (i.e., delayed sunburn, which will be 
discussed in detail below) and which cannot be differentiated by the 
naked eye. This change is being proposed because it would be more 
accurate to group these defects together as ``brown surface 
discoloration'' than to use the term ``scald.''
    Also, we are proposing to make revisions concerning two 
physiological

[[Page 13724]]

defects known as bitter pit and Jonathan spot. Although bitter pit and 
Jonathan spot are two separate, nonparasitic or noncontagious diseases, 
their appearance and effect to the apple are very similar. Therefore, 
these two defects are treated the same for the purpose of determining 
the quality based on the U.S. grade standards.
    While the origin(s) of these two diseases is not entirely clear, 
their appearance is unmistakable. Affected apples display grayish brown 
to black circular spots which may be sunken (pits). Typical spots or 
pits are \1/16\ to \1/8\ inch in diameter, and often in the case of 
Jonathan spot, these spots will occur around the lenticels. These 
apples may have from one spot to the entire surface affected. Bitter 
pit and Jonathan spot are referenced in the standards in three 
different manners. In the U.S. Extra Fancy, U.S. Fancy, and U.S. No. 1 
they are listed as ``free from'' defects (i.e., fruit must be from 
these defects to meet the grades.) A description of when bitter pit or 
Jonathan spot are considered to be ``serious damage'' appears in 
Section 51.320. Furthermore, the U.S. Condition Standards for Export 
reference ``damage by'' bitter pit or Jonathan spot which does not 
conform with the U.S. grade standards' basic requirements which use the 
term ``free from.''
    Therefore, to make the standards more clear and to eliminate any 
inconsistencies, it is proposed U.S. Extra Fancy, U.S. Fancy, and U.S. 
No. 1 grades require fruit to be free from damage caused by bitter pit 
and Jonathan spot, and free from serious damage in the U.S. Utility 
grade. ``Bitter pit or Jonathan spot when one or more spots affects the 
surface of the apple'' would also be added to the defects considered as 
damage in Sec. 51.317 (g)(5). (This section is currently designated as 
Sec. 51.319; however, the Section number would be changed due to 
revisions in text which will be described in detail later in this 
supplementary information section.) Section 51.320 (g)(5), Serious 
Damage (proposed Sec. 51.318 (g)(5)) currently provides that ``Bitter 
pit or Jonathan spot which is thinly scattered over more than one-tenth 
of the surface and does not materially deform or disfigure the fruit'' 
is considered to be serious damage. The section would be revised by 
removing ``does not materially deform . . .'' as the form of the fruit 
should not be considered when determining whether the fruit is 
seriously damage by bitter pit or Jonathan spot.
    Sections 51.300 and 51.301 each require that apples be free from 
``bruises except those which are slight and incident to proper handling 
and packing.'' However, bruising is currently scored based on severity 
(i.e., injury, damage, and serious damage) while slight and incidental 
bruises (bruises which can be seen by holding the apple at certain 
angles to light or by slight indentations to the surface which have no 
apparent affect on the underlying flesh) are not considered as defects 
which would prevent the fruit from meeting grade.
    While the degree of bruising is not defined in the standard, 
guidelines appear in the Apples Market Inspection and Apples Shipping 
Point Inspection handbooks. The fruit is considered is to be injured if 
the area affected exceeds \5/8\ inch in diameter or \1/8\ inch in 
depth, damage if the area affected exceeds \7/8\ inch in diameter or 
\3/16\ inch in depth, and serious damage if the area affected exceeds 
1\1/8\ inch in diameter or \3/8\ inch in depth based on an apple with a 
three inch diameter. Correspondingly greater or lesser amounts are 
allowed based on the size of the individual apple. In addition, 
different allowances may be provided based on the type of pack (tray 
pack, cell pack, or other packs).
    Therefore, to clarify and simplify the process of scoring bruises 
as a defect, Secs. 51.300, 51.301, and 51.303 would require fruit to be 
free from injury, damage, or serious damage defect, by bruising, 
respectively, and different levels of bruising would be included in the 
definitions of injury, damage, and serious damage.
    Another change proposed in this revision involves the amount of red 
color needed on red varieties apples for each grade. Currently, several 
varieties are listed in Table 1 of Section 51.305, Color Requirements. 
Many of the varieties listed in this table are no longer produced 
commercially. In addition, newer varieties have been marketed which are 
not listed in this table. This has led to questions as to the 
application of color requirements over the years, and their usefulness 
in application. After several years of research and surveys, the 
Department and the USAA Grades and Standards Committee (USAA GSC) 
believe they have developed a system that will best suit the needs of 
all apple marketers.
    The proposed method will determine color requirements only for 
those varieties produced in commercial volume which have historically 
been marketed based on their color attributes. The USAA GSC has 
proposed a list consisting of the following twelve varieties: Red 
Delicious, Red Rome, Empire, Idared, Winesap, Jonathan, Stayman, 
McIntosh, Cortland, Rome Beauty, Delicious, and York. All other 
varieties would have no color requirements in determining the grade, 
although the color requirements of these other varieties may be 
specified between marketers.
    The method or process used to determine color requirements for the 
twelve varieties of apples previously mentioned would remain basically 
unchanged. However, the Department is currently working on designing a 
new color comparator which will be applicable to these twelve varieties 
(the current version is only applicable to 6 different varieties). 
These color standards will be available for examination during the 
comment period in the Fresh Products Branch, Fruit and Vegetable 
Programs, AMS, U.S. Department of Agriculture South Building, 
Washington, D.C. 20250; in any field office of the Fresh Products 
Branch; or upon request of any authorized inspector of the Fresh Fruit 
and Vegetable Inspection Service. In addition, the USAA GSC has 
provided suggested percentages of color required for the specified 
varieties. Finally, a new footnote would be added to the color 
requirements table in reference to ``varietal name designations.'' 
Varietal name designations refers to hybrid or sport varieties, or 
varietal names which contain one of the twelve listed varieties as a 
portion of the name. The footnote specifies that varietal designations 
of the twelve listed varieties must meet or exceed those color 
requirements listed for the original variety (e.g., a varietal 
designation of Royal Winesap would be required to meet the same color 
requirements as designated for Winesap).
    Section 51.306, Unclassified, would be removed. The Department has 
been removing sections in revised standards that make reference to 
``Unclassified'' to eliminate any misunderstanding that this term 
designates an actual grade name. The term ``Unclassified'' is not an 
actual grade classification but was originally set out in the standards 
for use when no definite grade had been assigned to a given lot. 
Removing this entry would result in all sections following it to be 
renumbered by decreasing the Section number by one unit (i.e., the 
following Sec. 51.307 Tolerances, will now become Sec. 51.306).
    Another area within the standard that we propose to revise involves 
size requirements. Based on the current size requirements for lots 
designated by numerical count, Sec. 51.307 (c) provides that not more 
than 5 percent of the apples in a lot may vary more than \1/4\ inch in 
diameter. To determine if a lot has met this requirement, every apple 
must be sized and recorded so that it may be determined where, among 
all

[[Page 13725]]

apples sampled, the one-quarter inch variation lies. After determining 
where the variation is, the total number of apples outside this 
variation must be tallied.
    We propose to revise the size section to provide for a much simpler 
process to determine uniformity. First, the diameters of the smallest 
and largest apple in the package would be determined. If the range 
between these two apples is \1/2\ inch or less, the sample will be 
described as ``fairly uniform.'' If the range between these two apples 
is greater than one-half inch, the sample would be described as 
``irregular.'' It is proposed that not more than 10 percent of the 
samples in the lot may fail to meet fairly uniform.
    Also, weight equivalents would now be used for the Red Delicious 
and Golden Delicious varieties. These two varieties, due to their 
characteristic shape, can often be elongated (sometimes referred to as 
``typie'' by apple handlers) rather than wide. The result is a product 
that actually has more edible flesh but is still unable to meet minimum 
diameter size requirements. The USAA has proposed a list of weight 
equivalents based on reference data from actual tests and surveys. 
These weights would appear in Table II of the proposed Sec. 51.306(c), 
(currently Sec. 51.307 (c)) along with their corresponding diameter 
measurement.
    When this designation is used, an individual apple would be 
considered to have met the minimum size requirement if the apple is 
smaller than the minimum diameter, provided it is equal to or greater 
than the minimum weight. Likewise, an apple not meeting the minimum 
weight designation would also be considered to have met the minimum 
size requirement if the apple is equal to or larger than the 
corresponding minimum diameter. However, not more than five percent of 
the apples in any lot would be allowed to fail to meet both minimum 
diameter and minimum weight when so designated. In addition, when Red 
Delicious or Golden Delicious apples are designated with diameter/
weight combination, they would only be designated according to the 
combinations listed in Table II.
    Another proposed revision to the standards affects the application 
of tolerances. The application of tolerances allows for an occasional 
sample with defects exceeding the lot tolerance, provided the lot 
averages within lot tolerances as a whole. However, the current 
application of tolerances for packages which contain 10 pounds or less, 
allows more than an occasional excess. It states, ``Not over 10 percent 
of the packages may have more than three times the tolerance specified, 
except that at least one defective apple may be permitted in any 
package: Provided, That not more than one apple or more than 6 percent 
(whichever is the larger amount) may be seriously damaged by insects or 
affected by decay or internal breakdown.'' This could permit up to 100 
percent defects in samples or packages that represent less than 10 
percent of the packages in the lot.
    Therefore, a more restrictive and appropriate Application of 
Tolerances for this situation is proposed. Section 51.307 (b)(1) 
(currently designated Sec. 51.308 (b)(1)) would be revised to provide 
``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.''
    Proposed Section 51.308 (currently 51.309), Calculation of 
percentages, designates how the apples are to be sampled based on 
various characteristics of the lot, and, ultimately, how the 
percentages are determined based on the sampling method. Currently, the 
section states that when numerical count is marked on the container, 
percentages will be calculated on the basis of count and all other 
cases are based on weight or an equivalent basis. However, sampling for 
consumer size packages (consumer size packages are generally considered 
as packages weighing ten pounds or less) is not specifically addressed. 
Therefore, we propose to revise Sec. 51.308. First, the title of the 
section would be changed to ``Methods of sampling and calculation of 
Percentages'' to more accurately reflect the contents of the section. 
Second, to specifically address the situation of consumer size 
packages, as well as any other basis for determining percentages, it is 
proposed that Sec. 51.308 be revised to read as follows:
    ``(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.''
    Section 51.312, Marking requirements, currently states that the 
numerical count or minimum diameter of the apples packed in a closed 
container shall be indicated on the container. The USAA GSC believes 
that requiring the count or diameter to be marked on the container is 
not sufficient for today's market, and that the grade and variety 
should also be plainly marked on the outside of the container. It is 
also necessary to revise this section to provide for the newly-proposed 
weight/diameter size classifications for Red Delicious and Golden 
Delicious varieties, and to provide for packages that contain more than 
one variety.
    Therefore, we propose to revise Sec. 51.312 (redesignated as 
Sec. 51.311) to read as follows: ``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 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 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.'' Paragraph (b) of this section remains 
unchanged.
    Proposed Secs. 51.316, 51.317, and 51.318 (currently Secs. 51.318, 
51.319, and 51.320) define terms of injury, damage, or serious damage. 
These sections would also be revised to reflect the changes concerning 
bruising, brown surface discoloration, bitter pit, and Jonathan spot as 
indicated in the earlier discussion of this supplementary information 
section.
    Finally, proposed Sec. 51.321, U.S. Condition standards for export 
(currently Sec. 51.323), is a separate set of requirements that may be 
used for both exported and domestic shipments of apples. These 
requirements are not mandatory for exports or domestic shipments, but 
are provided as an optional classification for lots of apples. Only one 
change that pertains

[[Page 13726]]

specifically to providing 2 percent allowance for apples affected by 
slight scald is proposed in this section. Paragraph (c)(3) of this 
section states that ``Not more than 2 percent shall be allowed for 
apples affected by slight scald.'' Deleting this is necessary to 
clarify reference to scoring scald in the U.S. Condition Standards for 
Export and to make them consistent with the revisions being proposed 
within the standards. The inclusion of brown surface discoloration in 
the standards would encompass the various types of scald, making 
current paragraph (c)(3) of this section unnecessary.
    Accordingly, AMS proposes to amend the United States Standards for 
Grades of Apples as follows:

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 proposed to 
be amended as follows:

PART 51--[AMENDED]

    1. The authority citation for 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 
Apples for processing is revised to read as follows:

Subpart--United States Standards for Grades of Apples

Grades

Sec.
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  Fairy 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.

Grades


Sec. 51.300  U.S. Extra Fancy.

    ``U.S. Extra Fancy'' consists of apples of similar varietal 
characteristics (except when the name of more than one variety appears 
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 water core, 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 water core after January 31st of 
the year following the year of production except for the Fuji variety 
of apples. Invisible water core shall not be scored against the Fuji 
variety of apples under any circumstances. For the apple varieties 
listed in Table I of Sec. 51.305, each apple of this grade has the 
amount of color specified for the variety. (See Secs. 51.305 and 
51.306.)


Sec. 51.301  U.S. Fancy.

    ``U.S. Fancy'' consists of apples of similar varietal 
characteristics (except when the name of more than one variety appears 
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 water core, 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 water core 
after January 31st of the year following the year of production, except 
for the Fuji variety of apples. Invisible water core shall not be 
scored against the Fuji variety of apples under any circumstances. For 
the apple varieties listed in Table I of Sec. 51.305, each apple of 
this grade has the amount of color specified for the variety. (See 
Secs. 51.305 and 51.306.)


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 
I 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. Each apple of this grade has the amount of color 
specified in Sec. 51.305 for the variety. Invisible water core shall 
not be scored in this grade. (See Secs. 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 Secs. 51.305 and 51.306.)
    (b) [Reserved]


Sec. 51.303  U.S. Utility.

    ``U.S. Utility'' consists of apples of similar varietal 
characteristics (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.)

[[Page 13727]]

Sec. 51.304  Combination grades.

    (a) Combinations of the grades in Secs. 51.300 through 51.303 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.

    In addition to the requirements specified for the grades set forth 
in Secs. 51.300 to 51.304, apples of these grades shall have the 
percentage of color specified for the variety in Table I appearing in 
this Section. All apple varieties other than those appearing in Table I 
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. (A) Color standards USDA Visual Aid APL-CC-1 (Plates a-e) 
consists of a folder containing the color requirements for apples set 
forth in 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. These color standards will 
be available for examination and purchasing information in the Fresh 
Products Branch, Fruit and Vegetable Programs, AMS, U.S. Department of 
Agriculture South Building, Washington, D.C. 20250; in any field office 
of the Fresh Products Branch; or upon request of any authorized 
inspector of the Fresh Fruit and Vegetable Inspection Service.

                               Table I \1\
------------------------------------------------------------------------
Only the varieties listed in this
table shall be required to meet a   U.S. Extra   U.S. Fancy   U.S. No. 1
    minimum color requirement.        Fancy
Variety                                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 in this table must meet
  or exceed those color requirements listed.

Tolerances


Sec. 51.306  Tolerances.

    In order to allow for variations incident to proper grading and 
handling in each of the grades in Secs. 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

[[Page 13728]]

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 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. The top layer 
of apples, or any pad or space filler over the top layer of apples, 
shall be not more than \3/4\ inch below the top edge of the carton.
    \3\ ``Fairly well filled'' means that the net weight of apples 
in containers raning 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 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 Secs. 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.

[[Page 13729]]

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) Receding 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 
receding. Smooth net-like receding 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 receding 
shows no very pronounced contrast with the background color of the 
apple, or lesser amounts of more conspicuous net-like receding when the 
appearance is affected to a greater extent than the amount permitted in 
this paragraph.
    (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 receding.
    (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;
    (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.


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 in this paragraph (a).
    (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 amount 
permitted in this paragraph (a).
    (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.
    (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

[[Page 13730]]

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.


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.
    (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 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

[[Page 13731]]

in any lot may have not more than three times the tolerance or three 
apples (whichever is the greater amount).


Sec. 51.322  Metric conversion table.

                         Metric Conversion Table
------------------------------------------------------------------------
                                                            Millimeters
                         Inches                                (mm)
------------------------------------------------------------------------
      Sec.  51.322 Metric conversion table..............
\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 Inches                             Cubic
                                                            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
------------------------------------------------------------------------


    Dated: March 18, 2002.
A. J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 02-7221 Filed 3-25-02; 8:45 am]
BILLING CODE 3410-02-P