[Federal Register Volume 67, Number 223 (Tuesday, November 19, 2002)]
[Rules and Regulations]
[Pages 69660-69668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29034]


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

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 51

[Docket No. FV-98-303]


Apples; Grade Standards

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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

SUMMARY: This rule revises the United States Standards for Grades of 
Apples. These standards are issued under the Agricultural Marketing Act 
of 1946. The rule will 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 also deletes 
the provision that apples be ``carefully hand-picked.'' The ``U.S. No. 
1 Early grade'' and the ``Unclassified'' section will be deleted. Size 
specifications will 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 will 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 
will be changed by adding variety and grade to required markings on 
containers. The term ``brown surface discoloration'' will be added to 
the provisions which contain the requirements for the various grades of 
apples. The classification of ``Bitter pit'' and ``Jonathan spot'' will 
be clarified. The definition of ``fairly tight'' will be revised. Also, 
the U.S. Condition Standards for Export will be revised by removing the 
tolerance for slight scald

[[Page 69661]]

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 
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.

EFFECTIVE DATES: December 19, 2002.

FOR FURTHER INFORMATION CONTACT: David Priester, 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.

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. This rule revising the United States Standards for Grades of 
Apples 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 final regulatory 
flexibility analysis.
    This rule will revise the U.S. Standards for Grades of Apples that 
were issued under the Agricultural Marketing Act of 1946. This 
amendment of the standards will: Revise the basic requirement 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. Based on comments received, the definition of 
``fairly tight'' will be revised.
    The U.S. Standards for Grades of Apples and the U.S. Condition 
Standards for Export are both voluntary standards. There are no 
regulatory 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. Further, there are 48 state inspection 
agencies in addition to Fruit and Vegetable Programs (FVP) that perform 
inspections using these standards.
    This rule will revise 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 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 rule. However, the need for revision increases due to 
ever changing market characteristics, and the revisions 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

[[Page 69662]]

standard could result in confusion in terms of the proper application 
of the U.S. grade standards.
    This 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.
    The proposed rule, United States Standards for Grades of Apples, 
was published in the Federal Register on March 26, 2002 (Docket Number 
FV-98-303). A comment period of 60 days was issued which closed on May 
28, 2002.

Comments

    A total of six comments were received during the comment period. 
These included comments from industry associations representing 
growers, packers, shippers, processors, and State Departments of 
Agriculture.
    One comment, received from an industry association, was in favor of 
the proposal in its entirety. This comment stated that it is expected 
that these changes will more accurately represent typical commercial 
practices and standards within the apple industry.
    Two comments were received in favor of the proposal with the 
exception of the allowing for weight equivalents for diameter sizes of 
the Red Delicious and Golden Delicious varieties. One comment received 
from a State Department of Agriculture opposed this change. The reason 
given was that this change would burden inspection services in all 
states by requiring the purchase of multiple gram scales. State 
inspection services generally inspect other products which require the 
use of scales. AMS believes that although there may be a need to 
purchase additional scales, the cost of these scales would not be 
substantial enough to override the industry's request to allow for 
these equivalents. In another comment, an FVP staff member expressed 
the opinion that weight equivalents for diameter sizes would make it 
difficult to perform inspections. Additionally, the commenter expressed 
concern that by only allowing two varieties to use the weight 
equivalent for diameter sizes would be inequitable. AMS experience with 
performing inspection for products having weight equivalents for 
diameter sizes has not proven to increase the level of difficulty. In 
regard to the commentors concern of only allowing two varieties to use 
weight equivalents, these two varieties were specified due to their 
characteristic shape. Their shape can often be elongated rather than 
wide. The result is a product that actually has more edible flesh but 
is still unable to meet minimum diameter size requirements. AMS 
believes that the use of weight equivalents for diameter sizes should 
remain as stated in the proposal.
    One comment was received from a company which stores, packs, and 
markets apples both domestically and for export; this company also 
represents growers. The comment was generally in agreement of the 
proposal. However, the comment addressed two issues. The first being 
the removal of the phrase ``carefully handpicked.'' The commenter felt 
that this phrase is useful in encouraging growers to be careful in the 
handling of apples. AMS proposed this deletion and its corresponding 
definition because it is difficult to determine if an apple has been 
``carefully handpicked.'' Further, this requirement was not intended to 
prevent machine picked apples from making a U.S. grade. Therefore, AMS 
believes ``carefully handpicked'' and its corresponding definition 
should be deleted as proposed. The commenter also stated, in its 
opinion the term ``surface scald'' would be a better term than ``brown 
surface discoloration.'' As stated in the proposed rule, there are 
several defects that occur simply as brown surface discoloration. 
Surface scald cannot be differentiated from these defects by the naked 
eye. AMS believes it is more accurate to group these defects together 
as ``brown surface discoloration'' rather than ``scald.''
    One comment by a State Department of Agriculture recommended 
removing the word ``surface'' in the definition of damage by bitter 
pit. This commenter stated, ``Often bitter pit cannot be detected 
unless the fruit is cut and examined internally.'' The Department's 
Agricultural Handbook 376 states (with regard to bitter pit), ``If 
observed at the earliest visible stage, the skin over the affected area 
appears as water-soaked.'' Although bitter pit does affect the flesh of 
the apple it is not discernable until the skin is affected. Therefore, 
AMS believes the definition damage by bitter pit should remain as in 
the proposal. This commenter also noted an error in the proposed rule. 
The ``Discussion of the Proposed Rule'' section stated ``section 
51.300, U.S. Extra Fancy, section 51.301, U.S. Fancy, and section 
51.303, U.S. Utility currently states 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.'' However, in the actual 
wording of the standards section of the proposed rule, these sections 
state, ``* * * consists of apples of similar varietal characteristics 
(except when the name of more than one variety is printed on the 
container).'' These sections should be as stated in the ``Discussion of 
the Proposed Rule'' section and are corrected in this final rule.
    A comment from a State Department of Agriculture stated, ``I would 
urge USDA to consider exempting the ``Euro'' carton from the 
requirements of fairly well filled and fairly tight which will allow 
for new marketing trends to enhance marketing rather than impede 
progress.'' Apples packed in tray or cell packed cartons are required 
to be at least fairly tight or fairly well filled in order to meet 
packing requirements in section 51.310. Fairly tight and fairly well 
filled are defined within these requirements as follows: ``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; ``Fairly well filled'' means 
that the net weight of apples in containers ranging from 2,100 to 2,900 
cubic inch capacity is not less than 37 pounds for Cortland, 
Gravenstein, Jonathan, McIntosh and Golden Delicious varieties and not 
less than 40 pounds for all other varieties. The commenter notes, ``In 
recent years the apple industry has been going through significant 
changes in the way apples are being packed and marketed. Tray pack 
cartons are being modified in many ways and these types of cartons may 
not meet the definitions of fairly well filled or fairly tight.'' AMS 
agrees with the commenter's observation in that the current definition 
of fairly tight and fairly well filled would restrict the use of the 
``Euro'' carton. However, rather than exempting a particular container, 
it would be more appropriate and beneficial to the apple industry to 
update the definition of fairly tight to reflect current marketing 
practices. Therefore, based on this comment the definition of fairly 
tight will be revised to read as follows: ``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.

List of Subjects in 7 CFR Part 51

    Agricultural commodities, Food grades and standards, Fruits, Nuts,

[[Page 69663]]

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 part 51 continues to read as follows:


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


    2. Subpart--United States Standards for Grades of Apples is revised 
to read as follows:

Subpart--United States Standards for Grades of Apples

Grades

51.300 U.S. Extra Fancy.
51.301 U.S. Fancy.
51.302 U.S. No. 1.
51.303 U.S. Utility.
51.304 Combination grades.

Color Requirements

51.305 Color requirements.

Tolerances

51.306 Tolerances.

Application of Tolerances

51.307 Application of tolerances.

Methods of Sampling and Calculation of Percentages

51.308 Methods of sampling and calculation of percentages.

Condition after Storage or Transit

51.309 Condition after storage or transit.

Packing Requirements

51.310 Packing requirements.

Marking Requirements

51.311 Marking requirements.

Definitions

51.312 Mature.
51.313 Overripe.
51.314 Clean.
51.315 Fairly well formed.
51.316 Injury.
51.317 Damage.
51.318 Serious damage.
51.319 Seriously deformed.
51.320 Diameter.

U.S. Condition Standards for Export

51.321 U.S. Condition Standards for Export.

Metric Conversion Table

51.322 Metric conversion table.

Grades


Sec.  51.300  U.S. Extra Fancy.

    ``U.S. Extra Fancy'' consists of apples of one variety (except when 
more than one variety is printed on the container) which are mature but 
not overripe, clean, fairly well formed, free from decay, internal 
browning, internal breakdown, soft scald, scab, freezing injury, 
visible 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 Sec. Sec.  51.305 and 51.306.)


Sec.  51.301  U.S. Fancy.

    ``U.S. Fancy'' consists of apples of one variety (except when more 
than one variety is printed on the container) which are mature but not 
overripe, clean, fairly well formed, and free from decay, internal 
browning, internal breakdown, soft scald, freezing injury, visible 
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 Sec. Sec.  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 Sec. Sec.  51.305 and 51.306.)
    (a) U.S. No. 1 Hail: ``U.S. No. 1 Hail'' consists of apples which 
meet the requirements of U.S. No. 1 grade except that hail marks where 
the skin has not been broken and well healed hail marks where the skin 
has been broken, are permitted, provided the apples are fairly well 
formed. (See Sec. Sec.  51.305 and 51.306.)
    (b) [Reserved]


Sec.  51.303  U.S. Utility.

    ``U.S. Utility'' consists of apples of one variety (except when 
more than one variety is printed on the container) which are mature but 
not overripe, not seriously deformed and free from decay, internal 
browning, internal breakdown, soft scald, and freezing injury. The 
apples are also free from serious damage caused by dirt or other 
foreign matter, broken skins, bruises, brown surface discoloration, 
russeting, sunburn or sprayburn, limb rubs, hail, drought spots, scars, 
stem or calyx cracks, visible water core, bitter pit or Jonathan spot, 
disease, insects, or other means. (See Sec.  51.306.)


Sec.  51.304  Combination grades.

    (a) Combinations of the above grades may be used as follows:
    (1) Combination U.S. Extra Fancy and U.S. Fancy;
    (2) Combination U.S. Fancy and U.S. No. 1; and
    (3) Combination U.S. No. 1 and U.S. Utility.
    (b) Combinations other than these are not permitted in connection 
with the U.S. apple grades. When Combination grades are packed, at 
least 50 percent of the apples in any lot shall meet the requirements 
of the higher grade in the combination. (See Sec.  51.306.)

Color Requirements


Sec.  51.305  Color requirements.

    In addition to the requirements specified for the grades set forth 
in Sec. Sec.  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

[[Page 69664]]

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, DC 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 1 \1\
  [Only the varieties listed below shall be required to meet a minimum
                           color requirement]
------------------------------------------------------------------------
                                    U.S. extra
             Variety                  fancy      U.S. fancy   U.S. No. 1
                                    (Percent)    (Percent)    (Percent)
------------------------------------------------------------------------
Red Delicious....................           66           40           25
Red Rome.........................           66           40           25
Empire...........................           66           40           25
Idared...........................           66           40           25
Winesap..........................           66           40           25
Jonathan.........................           66           40           25
Stayman..........................           50           33           25
McIntosh.........................           50           33           25
Cortland.........................           50           33           25
Rome Beauty......................           50           33           25
Delicious........................           50           33           25
York.............................           50           33          25
------------------------------------------------------------------------
\1\ Variations on varietal designations listed above must meet or exceed
  those color requirements listed.

Tolerances


Sec.  51.306  Tolerances.

    In order to allow for variations incident to proper grading and 
handling in each of the grades in 51.300, 51.301, 51.302, 51.303, and 
51.304 the following tolerances are provided as specified:
    (a) Defects: (1) U.S. Extra Fancy, U.S. Fancy, U.S. No. 1, and U.S. 
No. 1 Hail grades: 10 percent of the apples in any lot may fail to meet 
the requirements of the grade, but not more than one-half of this 
amount, or 5 percent, shall be allowed for apples which are seriously 
damaged, including therein not more than 1 percent for apples affected 
by decay or internal breakdown.
    (2) U.S. Utility grade: 10 percent of the apples in any lot may 
fail to meet the requirements of the grade, but not more than one-half 
of this amount, or 5 percent, shall be allowed for apples which are 
seriously damaged by insects, and including in the total tolerance not 
more than 1 percent for apples affected by decay or internal breakdown.
    (b) When applying the foregoing tolerances to Combination grades, 
no part of any tolerance shall be allowed to reduce, for the lot as a 
whole, the 50 percent of apples of the higher grade required in the 
combination, but individual containers shall have not less than 40 
percent of the higher grade.
    (c) Size: When size is designated by the numerical count for a 
container, not more than 10 percent of packages in the lot may fail to 
be fairly uniform.\1\ When size is designated by minimum or maximum 
diameter, not more than 5 percent of the apples in any lot may be 
smaller than the designated minimum, and not more than 10 percent may 
be larger than the designated maximum. For Red Delicious or Golden 
Delicious varieties only, a combination of minimum diameter and/or 
weight may be used. When this designation is used, an individual apple 
will be considered to have met the minimum size requirement even if the 
apple is smaller than the minimum diameter, provided it is equal to or 
greater than the weight provided in table II of this section. However, 
not more than 5 percent of the apples in any lot may fail to meet 
either the minimum diameter or minimum weight when so designated. In 
addition, when Red Delicious or Golden Delicious apples are designated 
with diameter/weight combinations, they may only be designated 
according to the following table:
---------------------------------------------------------------------------

    \1\ ``Fairly uniform'' means the size of the fruit within the 
container does not vary more than \1/2\ inch diameter from the 
smallest to largest fruit.

                                Table II
------------------------------------------------------------------------
               Red delicious                      Golden delicious
------------------------------------------------------------------------
2\1/8\ inches or 65 grams.................  63 grams
2\1/4\ inches or 75 grams.................  70 grams
2\3/8\ inches or 84 grams.................  82 grams
2\1/2\ inches or 100 grams................  95 grams
2\5/8\ inches or 115 grams................  109 grams
2\3/4\ inches or 139 grams................  134 grams
------------------------------------------------------------------------

Application of Tolerances


Sec.  51.307  Application of tolerances.

    The contents of individual packages in the lot, are subject to the 
following limitations: Provided, That the averages for the entire lot 
are within the tolerances specified for the grade:
    (a) Packages which contain more than 10 pounds:

[[Page 69665]]

    (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.
    \3\ ``Fairly well filled'' means that the net weight of apples 
in containers ranging from 2,100 to 2,900 cubic inch capacity is not 
less than 37 pounds for Cortland, Gravenstein, Jonathan, McIntosh 
and Golden Delicious varieties and not less than 40 pounds for all 
other varieties.
---------------------------------------------------------------------------

    (b) Closed cartons containing apples not tray or cell packed shall 
be fairly well filled or the pack shall be sufficiently tight to 
prevent any appreciable movement of the apples.
    (c) Packs in wooden boxes or baskets shall be sufficiently tight to 
prevent any appreciable movement of apples within containers when the 
packages are closed. Each wrapped apple shall be completely enclosed by 
its individual wrapper.
    (d) Apples on the shown face of any container shall be reasonably 
representative in size, color and quality of the contents.
    (e) Tolerances: In order to allow for variations incident to proper 
packing, not more than 10 percent of the containers in any lot may fail 
to meet these requirements.

Marking Requirements


Sec.  51.311  Marking requirements.

    Variety (or varieties if more than one is packed in the container), 
grade, and the numerical count or minimum diameter of apples packed in 
a closed container shall be indicated on the container. For apple lots 
utilizing the combined diameter/weight designations for Red Delicious 
and Golden Delicious varieties, the minimum diameter and minimum weight 
of apples packed in a closed container shall be indicated on the 
container.
    (a) When the numerical count is not shown, the minimum diameter or, 
in the case of Red Delicious or Golden Delicious lots where minimum 
diameter/weight designations have been chosen, the minimum diameter and 
weight as designated in table II, shall be plainly stamped, stenciled 
or otherwise marked on the container in terms of whole inches, or whole 
inches and not less than eighth inch fractions thereof in the following 
manner: ``A'' inches or ``B'' grams, where ``A'' corresponds to one of 
the diameter measurements in terms of inches listed in table II and 
``B'' corresponds to the weight measurement in grams as indicated in 
table II. Both diameter and weight must be shown using the word ``or'' 
between the given measurements.
    (b) The word ``minimum,'' or its abbreviation, when following a 
diameter size marking, means that the apples are of the size marked or 
larger. (See Sec. Sec.  51.306 and 51.307.)

Definitions


Sec.  51.312  Mature.

    ``Mature'' means that the apples have reached the stage of 
development which will insure the proper completion of the ripening 
process. Before a mature apple becomes overripe it will show varying 
degrees of firmness, depending upon the stage of the ripening process. 
The following terms are used for describing different stages of 
firmness of apples:
    (a) ``Hard'' means apples with a tenacious flesh and starchy 
flavor.
    (b) ``Firm'' means apples with a tenacious flesh but which are 
becoming crisp with a slightly starchy flavor, except the Delicious 
variety.
    (c) ``Firm ripe'' means apples with crisp flesh except that the 
flesh of the Gano, Ben Davis, and Rome Beauty varieties may be slightly 
mealy.
    (d) ``Ripe'' means apples with mealy flesh and soon to become soft 
for the variety.


Sec.  51.313  Overripe.

    ``Overripe'' means apples which have progressed beyond the stage of 
ripe, with flesh very mealy or soft, and past commercial utility.


Sec.  51.314  Clean.

    ``Clean'' means that the apples are free from excessive dirt, dust, 
spray residue, and other foreign material.


Sec.  51.315  Fairly well formed.

    ``Fairly well formed'' means that the apple may be slightly 
abnormal in shape but not to an extent which detracts materially from 
its appearance.


Sec.  51.316  Injury.

    ``Injury'' means any specific defect defined in this Section or an 
equally objectionable variation of any one of these defects, any other 
defect, or any combination of defects, which more than slightly detract 
from the appearance or the edible or shipping quality of the apple. In 
addition, specific defect measurements are based on an apple three 
inches in diameter. Corresponding smaller or larger areas would be 
allowed on smaller or larger fruit. Any reference to ``inch'' or 
``inches in diameter'' refers to that of a circle of the specified 
diameter. Any reference to ``aggregate area,'' ``total area,'' or 
``aggregate affected area'' means the gathering together of separate 
areas into one mass for the purpose of comparison to determine the 
extent affected. The following specific defects shall be considered as 
injury:
    (a) Russeting in the stem cavity or calyx basin which cannot be 
seen when the apple is placed stem end or calyx end down on a flat 
surface shall not be considered in determining whether an apple is 
injured by russeting. Smooth net-like russeting outside of the stem 
cavity or calyx basin shall be considered as injury when an aggregate 
area of more than 10 percent of the surface is

[[Page 69666]]

covered, and the color of the russeting shows no very pronounced 
contrast with the background color of the apple, or lesser amounts of 
more conspicuous net-like russeting when the appearance is affected to 
a greater extent than the amount permitted above.
    (b) Sunburn or sprayburn, when the discolored area does not blend 
into the normal color of the fruit.
    (c) Dark brown or black limb rubs which affect a total area of more 
than one-fourth inch in diameter, except that light brown limb rubs of 
a russet character shall be considered under the definition of injury 
by russeting.
    (d) Hail marks, drought spots, other similar depressions or scars:
    (1) When the skin is broken, whether healed or unhealed;
    (2) When there is appreciable discoloration of the surface;
    (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 (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 above.
    (3) Smooth solid russeting, when an aggregate area of more than 5 
percent of the surface is covered, and the pattern and color of the 
russeting shows no very pronounced contrast with the background color 
of the apple, or lesser amounts of more conspicuous solid russeting 
when the appearance is affected to a greater extent than the above 
amount permitted.
    (4) Slightly rough russeting which covers an aggregate area of more 
than one-half inch in diameter.
    (5) Rough russeting which covers an aggregate area of more than 
one-fourth inch in diameter.
    (b) Sunburn or sprayburn which has caused blistering or cracking of 
the skin, or when the discolored area does not blend into the normal 
color of the fruit unless the injury can be classed as russeting.
    (c) Limb rubs which affect a total area of more than one-half inch 
in diameter, except that light brown limb rubs of a russet character 
shall be considered under the definition of damage by russeting.
    (d) Hail marks, drought spots, other similar depressions, or scars:
    (1) When any unhealed mark is present;
    (2) When any surface indentation exceeds one-eighth inch in depth;
    (3) When the skin has not been broken and the aggregate affected 
area exceeds one-half inch in diameter; or
    (4) When the skin has been broken and well healed, and the 
aggregate affected area exceeds one-fourth inch in diameter.
    (e) Stem or calyx cracks which are not well healed, or well healed 
stem or calyx cracks which exceed an aggregate length of one-fourth 
inch.
    (f) Invisible water core existing around the core and extending to 
water core in the vascular bundles, or surrounding the vascular bundles 
when the affected areas surrounding three or more vascular bundles meet 
or coalesce, or existing in more than a slight degree outside the 
circular area formed by the vascular bundles. Provided, That invisible 
water core shall not be scored as damage against the Fuji variety of 
apples under any circumstances.
    (g) Bruises which are not slight and incident to proper handling 
and packing, and which are greater than:
    (1) \3/16\ inch in depth;
    (2) \7/8\ inch in diameter;
    (3) any combination of lesser bruises which detract from the 
appearance or edible quality of the apple to an extent greater than any 
one bruise described in paragraphs (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

[[Page 69667]]

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

Metric Conversion Table


Sec.  51.322  Metric conversion table.

------------------------------------------------------------------------
                                                            Millimeters
                         Inches                                (mm)
------------------------------------------------------------------------
\1/16\ equals...........................................             1.6
\1/8\ equals............................................             3.2
\3/16\ equals...........................................             4.8
\1/4\ equals............................................             6.4
\3/8\ equals............................................             9.5
\1/2\ equals............................................            12.7
\5/8\ equals............................................            15.9
\3/4\ equals............................................            19.1
\7/8\ equals............................................            22.2
1\1/8\ equals...........................................            28.6
2\1/8\ equals...........................................            54.0
2\1/4\ equals...........................................            57.2
2\3/8\ equals...........................................            60.3
2\1/2\ equals...........................................            63.5
2\3/4\ equals...........................................            69.9
------------------------------------------------------------------------


------------------------------------------------------------------------
                                                               Cubic
                      Cubic Inches                          Centimeters
                                                               (cc)
------------------------------------------------------------------------
2100 equals.............................................        34,412.7
2900 equals.............................................        47,522.3
------------------------------------------------------------------------


------------------------------------------------------------------------
                         Pounds                              Grams (g)
------------------------------------------------------------------------
10 equals...............................................         4,536.0
37 equals...............................................        16,783.2
40 equals...............................................        18,144.0
------------------------------------------------------------------------



[[Page 69668]]

    Dated: November 8, 2002.
A. J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 02-29034 Filed 11-18-02; 8:45 am]
BILLING CODE 3410-02-P