[Federal Register: November 19, 2002 (Volume 67, Number 223)]
[Rules and Regulations]
[Page 69660-69668]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19no02-2]
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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.
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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:
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\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