[Federal Register: February 27, 2004 (Volume 0, Number 0)]
[Page 9189-9199]
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[DOCID:fr27fe04-1]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
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[[Page 9189]]
/ Vol. 69, No. 39 / Friday, February 27, 2004 / Rules and Regulations
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 51
[Docket No. FV-00-303]
Peaches, Plums, and Nectarines; 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
Peaches, the United States Standards for Grades of Fresh Plums and
Prunes, and the United States Standards for Grades of Nectarines. These
standards are issued under the Agricultural Marketing Act of 1946. The
changes are based on the findings of a California Tree Fruit Agreement
(CTFA) Task Force that was formed to review the standards, and on
subsequent discussions with industry. The revisions will bring the
standards into conformity with current packing, marketing and cultural
practices. This document also contains conforming and editorial
changes.
EFFECTIVE DATE: March 29, 2004.
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 1661 South Building, STOP 0240,
Washington, DC 20250-0240, 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 Peaches,
the United States Standards for Grades of Fresh Plums and Prunes, and
the United States Standards for Grades of Nectarines from the CTFA. The
United States Standards for Grades of Peaches has not had a major
revision since June 1952. There was a minor revision in 1995. The
United States Standards for Grades of Fresh Plums and Prunes were last
revised in June 1973, and the United States Standards for Grades of
Nectarines were last revised April 1966. The CTFA is an industry
association representing over 2,000 individual growers, packers and
shippers. The CTFA has requested that these standards be revised to
bring them into conformity with current packing, marketing and cultural
practices. This request also has the support of the California Plum
Marketing Board, Peach Commodity Committee, and the Nectarine
Administrative Committee. The revisions will benefit all aspects of the
peach, plum, prune, and nectarine industries by making 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 Peaches, the
U.S. Standards for Grades of Fresh Plums and Prunes and the U.S.
Standards for Grades of Nectarines that were issued under the
Agricultural Marketing Act of 1946. Standards issued under the 1946 Act
are voluntary.
There are approximately 400 handlers of peaches, plums, prunes, and
nectarines and approximately 2,200 producers of these fruits in the
United States. 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 majority of these
handlers and producers may be classified as small entities.
This rule will: delete the ``Unclassified'' section; establish a
25-count minimum sample; revise standard pack and size requirements for
all three grade standards; develop en route or at destination
tolerances for grades of peaches; define damage and serious damage by
discoloration and growth cracks for grades of plums and prunes; revise
color requirements for grades of nectarines.
The effects of this rule are not expected to be disproportionately
greater or smaller for small handlers or producers than for larger
entities.
This action will make the standards more consistent and uniform
with marketing trends and practices. This action will not impose any
additional reporting or recordkeeping requirements on either small or
large peach, plum, prune, or nectarine producers or handlers. USDA has
not identified any Federal rules that duplicate, overlap, or conflict
with this rule. However, there are marketing programs which regulate
the handling of nectarines and peaches under 7 CFR Parts 916 and 917.
Nectarines and peaches under the marketing order have to meet certain
requirements set forth in the grade standards for nectarines and
peaches.
Alternatives were considered for this action. One alternative would
be to not issue a rule. However, the need for revisions have increased
as a result of changing marketing characteristics by industry, and the
rule is the result of input from all sectors of the peach, plum, prune,
and nectarine industries and government. Further, since the purpose of
these standards is to facilitate the marketing of agricultural
commodities in the United States, not revising the standards could
result in confusion in terms of industry marketing and the proper
application of the grade standards.
[[Page 9190]]
The proposed rule, the United States Standards for Grades of
Peaches, the United States Standards for Grades of Fresh Plums and
Prunes, and the United States Standards for Grades of Nectarines, was
published in the Federal Register on September 25, 2002 (67 FR 60171).
A comment period of sixty days was issued which closed on November 25,
2002. Two comments were received requesting an extension of the comment
period for the proposed rule. The request was granted and a notice of
the reopening and extension of the comment period for the proposed rule
was published in the Federal Register on January 31, 2003 (68 FR 4967).
The comment period was reopened and extended for thirty-five days which
closed on March 7, 2003.
Comments
In addition to the two comments requesting the extension of the
comment period, six comments were received during the comment period
regarding the proposed changes. These included comments from growers,
packers, shippers and industry associations representing growers,
packers and shippers.
One comment, received from an industry association representing
peach shippers, was in favor of the proposal with the exception of the
change adding a definition for ``well filled'' to the U.S. Standards
for Grades of Peaches. Peaches packed in loose or volume filled
containers are required to be well filled in order to meet the optional
standard pack requirement in Section 51.1217.
AMS proposed adding the following definition for this term: ``Well
filled'' means that the peaches are packed within one inch from the top
of the container. The commenter stated the issue with definition is
that ``early season peach varieties grown in Georgia and South Carolina
are smaller fruit. This smaller sized fruit sometimes does not reach
within one inch of the top of the box, as would be required under the
guidelines, but in fact is a full half bushel of fruit.'' The commenter
further stated the new definition would require the producers to
purchase new containers in order to pack this smaller fruit and this
would be an economic disadvantage for the producers. However, as
previously noted, the standard pack requirements are optional.
Producers may choose not to pack standard pack requirements and still
meet the requirements for all the U.S. grades for peaches. Also, as the
commenter stated, this is only an issue sometimes for early season
varieties. AMS believes while in some cases this may require the
purchase of additional containers, the industry as a whole will benefit
by having a uniform definition of well filled. Therefore, the term well
filled will be added to the standards.
Two additional comments were received from representatives of an
industry association regarding the addition of the definition of well
filled to all three standards. These commenters recommended adding
``packed in loose or volume filled containers'' to the definitions of
well filled. They felt this addition would clarify that this term is
only applied to loose or volume filled containers. AMS agrees, and all
three standards will be revised based on these comments. The definition
of ``well filled'' in the U.S. Standards for Grades of Peaches will be
revised to read as follows: ``Well filled'' means that the peaches
packed in loose or volume filled containers are packed within 1 inch of
the top of the container. The definition of well filled in the U.S.
Standards for Grades of Fresh Plums and Prunes will be revised to read
as follows: ``Well filled'' means that the plums or prunes packed in
loose or volume filled containers are packed within 1 inch of the top
of the container. Also, the definition of well filled in the U.S.
Standards for Grades of Nectarines will be revised to read as follows:
``Well filled'' means that the nectarines packed in loose or volume
filled containers are packed within 1 inch of the top of the container.
Four comments, two from individual growers, packers and shippers
and two from industry associations representing growers, packers and
shippers, were received regarding the proposal to establish a 25-count
minimum sample size for all three grade standards. These commenters
felt the proposed 25-count minimum sample was not enough to accurately
determine the percentage of defects present in a lot. One of the
commenters recommended a 50-count minimum sample size for all three
standards. The three other commenters recommended a 40-count minimum
sample size for peaches and 50-count minimum sample size for plums and
nectarines. These commenters stated that these minimum sample sizes
have been the accepted standard in the industry for many years. These
commenters also recommended the co-mingling of the contents of adjacent
consumer size packages, when necessary, to obtain the minimum sample
size. AMS agrees that an increase in the minimum sample size is
warranted for packages with 50 or more fruit. However, while a 40-count
sample size for peaches is an industry standard in some regions of the
country, AMS feels it would be preferable and beneficial to have a
uniform and consistent 50-count minimum sample for peaches, plums,
prunes, and nectarines. Additionally, with regard to consumer size
packages, AMS believes that requiring a larger than 25-count minimum
sample for consumer size packages will cause undue destruction of
packages. Therefore, the U.S. Standards for Grades of Peaches, Sec.
51.1214, the U.S. Standards for the Grade of Fresh Plums and Prunes,
Sec. 51.1525 and the U.S. Standards for Grades of Nectarines, Sec.
51.3150 will be revised as follows: In order to allow for variations
incident to proper grading and handling in each of the following
grades, the following tolerances, by count, based on a minimum 50-count
sample, except when packages contain less than 50 fruit, a minimum 25-
count sample shall be examined, (when packages contain less than 25
fruit, adjoining packages shall be opened to obtain the 25-count
minimum sample), are provided as specified.
One comment, received from a grower, packer and shipper,
recommended the following additional requirement to each standard: ``a
minimum of at least 2 samples must be examined to certify a lot.'' AMS
feels that currently requiring in the inspection instructions that a
minimum of 3 samples be examined to certify a lot provides for a more
representative sample of the lot and therefore should remain unchanged.
This commenter further recommended adding an application of tolerances
for consumer size packages which would allow individual packages to be
unrestricted as to the percentages of defects. This issue was not
addressed in the proposed rule, and further review from industry would
be needed before including this recommendation.
Five comments were received regarding the addition of the
definition for damage and serious damage scoring criteria for
discoloration for grades of fresh plums and prunes. The proposal
defined damage as, ``Discoloration when greenish to brown definitely
contrasting with the normal surface color of the fruit and affecting
more than 10 percent of the surface.'' The proposal defined serious
damage as, ``Discoloration when greenish to brown definitely
contrasting with the normal surface color of the fruit and affecting
more than 25 percent of the surface.''
Two comments were received from an industry association
representing growers, packers and shippers requesting the terms
``mottled discoloration'' and ``discolored surface area'' be added to
clarify the definition.
[[Page 9191]]
The proposed definition provides a scoring criteria for all
discoloration. If the term mottled was added, it would exclude other
types of discoloration. One of the commenters, a grower, packer and
shipper, requested the removal of the proposed definition due to their
concern that characteristic mottled color of some varieties such as
Catalina and Mariposa would be confused as a defect. The proposed
definition states ``definitely contrasting with the normal surface
color of the fruit.'' This means that varieties for which mottled color
is characteristic, the mottled color would be considered ``normal
surface color'' and would not be considered a defect. Another comment,
received from a grower, packer and shipper, requested that this change
be postponed until further research could be conducted to assess how
this proposal would affect the industry. The commenter further stated
it is their belief that both consumers and producers would be greatly
impacted by the inclusion of the definition. They feel the definition
is too broad and not as restrictive as the scoring criteria for small
peaches. The proposed surface area is appropriate for plums and prunes.
Additionally, it is currently used by most of the industry. Consumers
or producers should not be impacted negatively, as adding this defined
scoring criteria will provide a more objective means of evaluating this
defect. One comment received from a grower and packer expressed concern
with the proposal, stating that most plums grown in their area ``need
to be harvested at maturity levels precluding full dark color.
Consequently, many marketable plums have more than 10 percent greenish
to brown color which definitely contrasts with the normal surface color
of the fruit.'' This comment has merit and we are deleting reference to
greenish and brown color in the plum and prunes standard. The proposed
definitions for damage and serious damage are intended to be applied to
discoloration resulting from injury to the fruit, not due to early
harvesting, immaturity, or characteristic color of the variety.
Based on these comments AMS will revise the defined scoring
criteria for damage as follows: ``Discoloration when definitely
contrasting with the normal surface color of the fruit and affects more
than 10 percent of the surface.'' The defined scoring criteria for
serious damage will be revised to read as follows: ``Discoloration when
definitely contrasting with the normal surface color and affects more
than 25 percent of the surface.''
Two comments were received from two industry association
representatives requesting a defined scoring criteria for hollow
cavities be added to the U.S. grades for plums and prunes. They
requested the following be added to Damage, Sec. 51.1532, ``Hollow
areas or cavities in the blossom end of Kesley, Empress and similar
varieties is characteristic of the variety and shall not be considered
as damage. However, flesh discoloration of the cavity, which materially
affects the appearance of the area, shall be considered.'' They
requested the following be added to Serious damage, Sec. 51.1536,
``Hollow areas or cavities in the blossom end of Kesley, Empress and
similar varieties is characteristic of the variety and shall not be
considered as damage. However, flesh discoloration of the cavity, which
seriously affects the appearance of the area, shall be considered.'' A
similar request was discussed prior to the proposed rule. AMS stated at
that time and continues to be of the view that these types of scoring
guides are included in the inspection instructions, as they are variety
specific and it is not possible to determine in which varieties hollow
cavities would be characteristic. Accordingly, AMS still believes that
this scoring guide is best stated in the inspection instructions for
grades of plums and prunes.
Accordingly, AMS amends the United States Standards for Grades of
Peaches, the United States Standards for Grades of Fresh Plums and
Prunes, and the United States Standards for Grades of Nectarines.
List of Subjects in 7 CFR Part 51
Agricultural commodities, Food grades and standards, Fruits, Nuts,
Reporting and recordkeeping requirements, Trees, Vegetables.
0
For reasons set forth in the preamble, 7 CFR part 51 is amended as
follows:
PART 51--[AMENDED]
0
1. The authority citation for 7 CFR part 51 continues to read as
follows:
Authority: 7 U.S.C. 1622, 1624.
0
2. Subpart--United States Standards for Peaches is revised to read as
follows:
Subpart--United States Standards for Grades of Peaches
Grades
Sec.
51.1210 U.S. Fancy.
51.1211 U.S. Extra No. 1.
51.1212 U.S. No. 1.
51.1213 U.S. No. 2.
Tolerances
51.1214 Tolerances.
Application of Tolerances
51.1215 Application of tolerances to individual packages.
Size
51.1216 Size requirements.
Standard Pack
51.1217 Standard pack.
Definitions
51.1218 Mature.
51.1219 Well formed.
51.1220 Leaf or limb rub injury.
51.1221 Damage.
51.1222 Serious damage.
51.1223 Badly misshapen.
Subpart--United States Standards for Grades of Peaches
Grades
Sec. 51.1210 U.S. Fancy.
``U.S. Fancy'' consists of peaches of one variety which are mature
but not soft or overripe, well formed and which are free from decay,
bacterial spot, cuts which are not healed, growth cracks, hail injury,
scab, scale, split pits, worms, worm holes, leaf or limb rub injury;
and free from damage caused by bruises, dirt or other foreign material,
other disease, insects or mechanical or other means. In addition to the
above requirements, each peach shall have not less than one-third of
its surface showing blushed, pink or red color.
Sec. 51.1211 U.S. Extra No. 1.
Any lot of peaches may be designated ``U.S. Extra No. 1'' when the
peaches meet the requirements of the U.S. No. 1 grade: Provided, That
in addition to these requirements, 50 percent, by count, of the peaches
in any lot shall have not less than one-fourth of the surface showing
blushed, pink or red color.
Sec. 51.1212 U.S. No. 1.
``U.S. No. 1'' consists of peaches of one variety which are mature
but not soft or overripe, well formed, and which are free from decay,
growth cracks, cuts which are not healed, worms, worm holes, and free
from damage caused by bruises, dirt, or other foreign material,
bacterial spot, scab, scale, hail injury, leaf or limb rubs, split
pits, other disease, insects or mechanical or other means.
Sec. 51.1213 U.S. No. 2.
``U.S. No. 2'' consists of peaches of one variety which are mature
but not soft or overripe, not badly misshapen, and which are free from
decay, cuts which are not healed, worms, worm holes, and free from
serious damage caused by bruises, dirt or other foreign material,
bacterial spot, scab, scale,
[[Page 9192]]
growth cracks, hail injury, leaf or limb rubs, split pits, other
disease, insects, or mechanical or other means.
Tolerances
Sec. 51.1214 Tolerances.
In order to allow for variations incident to proper grading and
handling in each of the following grades, the following tolerances, by
count, based on a minimum 50-count sample, except when packages contain
less than 50 fruit, a minimum 25-count sample shall be examined, (when
packages contain less than 25 fruit adjoining packages shall be opened
to obtain the 25-count minimum sample), are provided as specified:
(a) U.S. Fancy, U.S. Extra No. 1, and U.S. No. 1 grades--(1) For
defects at shipping point.\1\ 10 percent of the peaches in any lot may
fail to meet the requirements of the specified grade: Provided, That
included in this amount, 5 percent shall be allowed for defects causing
serious damage, including in this latter amount not more than 1 percent
for peaches which are affected by decay.
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\1\ Shipping point, as used in these standards, means the point
of origin of the shipment in the producing area or at port of
loading for ship stores or overseas shipment, or, in the case of
shipments from outside the continental United States, the port of
entry into the United States.
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(2) For defects en route or at destination. 14 percent for peaches
in any lot that fail to meet the requirements of the grade: Provided,
That included in this amount not more than the following percentages
shall be allowed for defects listed:
(i) 10 percent for permanent defects;
(ii) 7 percent for defects causing serious damage, included therein
not more than 5 percent for serious damage by permanent defects and not
more than 2 percent for soft, overripe, or decayed peaches.
(3) For color--(i) U.S. Fancy grade. 10 percent for peaches in any
lot which fail to meet the requirements of the grade:
(ii) U.S. Extra No. 1 grade. Individual packages may contain not
less than 40 percent of peaches which meet the requirements of the
grade: Provided, That the entire lot averages not less than 50 percent.
(b) U.S. No. 2 grade--(1) For defects at shipping point. 10 percent
of the peaches in any lot may fail to meet the requirements of this
grade: Provided, That included in this amount not more than 1 percent
for peaches which are affected by decay.
(2) For defects en route or at destination. 14 percent for peaches
in any lot that fail to meet the requirements of the grade: Provided,
That included in this amount not more than the following percentages
shall be allowed for defects listed:
(i) 10 percent for permanent defects;
(ii) 2 percent for peaches which are affected by soft, overripe, or
decay.
Application of Tolerances
Sec. 51.1215 Application of tolerances to individual packages.
(a) The contents of individual packages in the lot, based on sample
inspection, are subject to the following limitations, provided the
averages for the entire lot are within the tolerances specified for the
grade:
(1) For packages which contain more than 10 pounds, and a tolerance
of 10 percent or more is provided (as in the case of oversize, where a
tolerance of 15 percent is provided), individual packages in any lot
shall have not more than one and one-half times the tolerance
specified. For packages which contain more than 10 pounds and a
tolerance of less than 10 percent is provided, individual packages in
any lot shall have not more than double the tolerance specified, except
that at least one peach which is seriously damaged by insects or
affected by decay may be permitted in any package.
(2) For packages which contain 10 pounds or less, individual
packages in any lot are not restricted as to the percentage of defects:
Provided, That not more than one peach which is seriously damaged by
insects or affected by decay may be permitted in any package.
Size
Sec. 51.1216 Size requirements.
(a) The numerical count or a count-size based on equivalent tray
pack size designations or the minimum diameter of the peaches packed in
a closed container shall be indicated on the container.
(b) When the numerical count is not shown the minimum diameter
shall be plainly stamped, stenciled, or otherwise marked on the
container in terms of whole inches, whole and half inches, whole and
quarter inches, or whole and eighth inches, as 2 inches minimum, 2\1/4\
inches minimum, 1\7/8\ inches minimum, in accordance with the facts.
The minimum and maximum diameters may both be stated, as 1\7/8\ to 2
inches, or 2 to 2\1/4\ inches, in accordance with the facts.
(c) ``Diameter'' means the greatest dimension measured at right
angles to a line from stem to blossom end of the fruit.
(d) In order to allow for variations incident to proper sizing, not
more than 10 percent, by count, of peaches in any lot may be below the
specified minimum size and not more than 15 percent may be above any
specified maximum size.
Standard Pack
Sec. 51.1217 Standard pack.
(a) Each package shall be packed so that the peaches in the shown
face shall be reasonably representative in size, color and quality of
the contents of the package.
(b) Peaches packed in U.S. Standard bushel baskets, or half-bushel
baskets, shall be ring faced and tightly packed with sufficient bulge
to prevent any appreciable movement of the peaches within the packages
when lidded.
(c) Peaches packed in standard western boxes shall be reasonably
uniform in size and arranged in the packages according to the approved
and recognized methods. Each wrapped peach shall be fairly well
enclosed by its individual wrapper. All packages shall be well filled
and tightly packed but the contents shall not show excessive or
unnecessary bruising because of overfilled packages. The number of
peaches in the box shall not vary more than 4 from the number indicated
on the box.
(d) Peaches packed in other type boxes such as wire-bound boxes and
fiber-board boxes may be place packed, or jumble packed faced, and all
packs shall be well filled.
(e) Peaches packed in boxes equipped with cell compartments or
molded trays shall be of the proper size for the cells or the molds in
which they are packed.
(f) Peaches placed in individual paper cups and packed in boxes
shall be in cups of the proper size for the peaches.
(g) Peaches packed in loose or volume filled boxes shall be uniform
in size and well filled.
(h) In order to allow for variations incident to proper packing,
not more than 10 percent of the packages in any lot may not meet these
requirements.
(i) ``Well filled'' means that the peaches packed in loose or
volume filled containers are packed within 1 inch of the top of the
container.
Definitions
Sec. 51.1218 Mature.
``Mature'' means that the peach has reached the stage of growth
which will ensure a proper completion of the ripening process.
Sec. 51.1219 Well formed.
``Well formed'' means that the shape of the peach may be slightly
irregular but not to the extent that its appearance is materially
affected.
[[Page 9193]]
Sec. 51.1220 Leaf or limb rub injury.
``Leaf or limb rub injury'' means that the scarring is not smooth,
not light colored, or aggregates more than \1/4\ inch in diameter.
Sec. 51.1221 Damage.
``Damage'' means any injury or defect which materially affects the
appearance, or the edible or shipping quality of the peach. Any one of
the following defects, or any combination thereof, the seriousness of
which exceeds the maximum allowed for any one defect, shall be
considered as damage:
(a) Bacterial spot, when cracked, or when aggregating more than \3/
8\ inch in diameter;
(b) Scab spots, when cracked, or when aggregating more than \3/8\
inch in diameter;
(c) Scale, when concentrated, or when scattered and aggregating
more than \1/4\ inch in diameter;
(d) Hail injury which is unhealed, or deep, or when aggregating
more than \1/4\ inch in diameter;
(e) Leaf or limb rubs, when not smooth, or when not light colored,
or when aggregating more than \1/2\ inch in diameter;
(f) Split pit, when causing any unhealed crack, or when causing any
crack which is readily apparent, or when affecting shape to the extent
that the fruit is not well formed.
Sec. 51.1222 Serious damage.
``Serious damage'' means any injury or defect which seriously
affects the appearance or the edible or shipping quality of the peach.
Any one of the following defects, or any combination thereof, the
seriousness of which exceeds the maximum allowed for any one defect,
shall be considered as serious damage:
(a) Bacterial spot, when any cracks are not well healed, or when
aggregating more than \3/4\ inch in diameter;
(b) Scab spots, when cracked, or when healed and aggregating more
than one inch in diameter;
(c) Scale, when aggregating more than \1/2\ inch in diameter;
(d) Growth cracks, when unhealed, or more than \1/2\ inch in
length;
(e) Hail injury, when unhealed, or shallow hail injury when
aggregating more than \3/4\ inch in diameter, or deep hail injury which
seriously deforms the fruit or which aggregates more than \1/2\ inch in
diameter;
(f) Leaf or limb rubs, when smooth and light colored and
aggregating more than 1\1/2\ inches in diameter, or dark or slightly
rough and barklike scars aggregating more than \3/4\ inch in diameter;
(g) Split pit, when causing any unhealed crack, or when healed and
aggregating more than \1/2\ inch in length including any part of the
crack which may be covered by the stem;
(h) Soft or overripe peaches;
(i) Wormy fruit or worm holes.
Sec. 51.1223 Badly misshapen.
``Badly misshapen'' means that the peach is so decidedly deformed
that its appearance is seriously affected.
0
3. Subpart--United States Standards for Grades of Fresh Plums and
Prunes is revised to read as follows:
Subpart--United States Standards for Grades of Fresh Plums and Prunes
Grades
Sec.
51.1520 U.S. Fancy.
51.1521 U.S. No. 1.
51.1522 U.S. Combination.
51.1523 U.S. No. 2.
51.1524 [Reserved]
Tolerances
51.1525 Tolerances.
Application of Tolerances
51.1526 Application of tolerances.
Standard Pack
51.1527 Standard pack.
Definitions
51.1528 Well formed.
51.1529 Clean.
51.1530 Mature.
51.1531 Sunscald.
51.1532 Damage.
51.1533 Well colored.
51.1534 Fairly well colored.
51.1535 Badly misshapen.
51.1536 Serious damage.
51.1537 Diameter.
Metric Conversion Table
51.1538 Metric conversion table.
Subpart--United States Standards for Grades of Fresh Plums and
Prunes
Grades
Sec. 51.1520 U.S. Fancy.
``U.S. Fancy'' consists of plums or prunes of one variety which are
well formed, clean, mature but not overripe or soft or shriveled; which
are free from decay, sunscald, heat injury, sunburn, split pits and
hail marks, and free from damage caused by broken skins, growth cracks,
drought spots, gum spots, russeting, scars, other disease, insects or
mechanical or other means.
(a) Italian type prunes shall be well colored and, unless otherwise
specified, shall be not less than 1\1/4\ inches in diameter. (See Sec.
51.1525.)
(b) [Reserved]
Sec. 51.1521 U.S. No. 1.
``U.S. No. 1'' consists of plums or prunes of one variety which are
well formed, clean, mature but not overripe or soft or shriveled; which
are free from decay and sunscald, and free from damage caused by broken
skins, heat injury, growth cracks, sunburn, split pits, hail marks,
drought spots, gum spots, russeting, scars, other disease, insects or
mechanical or other means.
(a) Italian type prunes shall be fairly well colored and, unless
otherwise specified, shall be not less than 1\1/4\ inches in diameter.
(See Sec. 51.1525.)
(b) [Reserved]
Sec. 51.1522 U.S. Combination.
``U.S. Combination'' consists of a combination of U.S. No. 1 and
U.S. No. 2 plums or prunes: Provided, That at least 75 percent, by
count, meet the requirements of U.S. No. 1 grade. (See Sec. 51.1525.)
Sec. 51.1523 U.S. No. 2.
``U.S. No. 2'' consists of plums or prunes of one variety which are
not badly misshapen, which are clean, mature but not overripe or soft
or shriveled; which are free from decay and sunscald, and free from
serious damage caused by broken skins, heat injury, growth cracks,
sunburn, split pits, hail marks, drought spots, gum spots, russeting,
scars, other disease, insects or mechanical or other means. (See Sec.
51.1525.)
Sec. 51.1524 [Reserved]
Tolerances
Sec. 51.1525 Tolerances.
In order to allow for variations incident to proper grading and
handling in each of the following grades, the following tolerances, by
count, based on a minimum 50-count sample, except when packages contain
less than 50 fruit, a minimum 25-count sample shall be examined, (when
packages contain less than 25 fruit adjoining packages shall be opened
to obtain the 25-count minimum sample), are provided as specified:
(a) U.S. Fancy and U.S. No. 1--(1) For defects of plums or prunes
other than Italian type prunes at shipping point.\1\ 8 percent for
fruit which fails to meet the requirements of the specified grade:
Provided, That included in this amount not more than 4 percent shall be
allowed for defects causing serious
[[Page 9194]]
damage, including in this latter amount not more than one-half of 1
percent for fruit which is affected by decay.
---------------------------------------------------------------------------
\1\Shipping point, as used in these standards, means the point
of origin of the shipment in the producing area or at port of
loading for ship stores or overseas shipment, or, in the case of
shipments from outside the continental United States, the port of
entry into the United States.
---------------------------------------------------------------------------
(2) For defects of plums or prunes other than Italian type prunes
en route or at destination. 12 percent for fruit which fails to meet
the requirements of the specified grade: Provided, That included in
this amount not more than the following percentages shall be allowed
for defects listed:
(i) 8 percent for permanent defects;
(ii) 6 percent for defects causing serious damage, including
therein not more than 4 percent for serious damage by permanent defects
and not more than 2 percent for decay.
(3) For defects of Italian type prunes at shipping point.\1\ Not
more than a total of 12 percent of the fruit in any lot may fail to
meet the requirements of the specified grade: Provided, That included
in this amount not more than the following percentages shall be allowed
for the defects listed:
(i) 10 percent for prunes which fail to meet the color requirement;
(ii) 10 percent for prunes which fail to meet the minimum diameter
requirement;
(iii) 8 percent for prunes which fail to meet the remaining
requirements of the grade: Provided, That not more than one-half of
this amount, or 4 percent, shall be allowed for defects causing serious
damage, including in the latter amount not more than one-half of 1
percent for decay.
(4) For defects of Italian type prunes en route or at destination.
Not more than a total of 18 percent of the fruit in any lot may fail to
meet the requirements of the specified grade: Provided, That included
in this amount not more than the following percentages shall be allowed
for the defects listed:
(i) 12 percent for permanent defects including therein not more
than 10 percent which fail to meet the color requirement, 10 percent
which fail to meet the minimum diameter requirement, and 8 percent
which fail to meet the requirements of the grade because of other
permanent defects;
(ii) 6 percent for defects causing serious damage, including
therein not more than 4 percent for serious damage by permanent defects
and not more than 2 percent for decay.
(b) U.S. Combination and U.S. No. 2--(1) For defects at shipping
point.\1\ 8 percent for fruit which fails to meet the requirements of
the specified grade: Provided, That included in this amount not more
than 4 percent shall be allowed for sunscald, decay or serious damage
by insects or heat injury, including in this latter amount not more
than one-half of 1 percent for decay.
(2) For defects en route or at destination. 12 percent for fruit
which fails to meet the requirements of the specified grade: Provided,
That included in this amount not more than the following percentages
shall be allowed for defects listed:
(i) 8 percent for permanent defects including therein not more than
4 percent for sunscald, or serious damage by insects or heat injury;
and,
(ii) 2 percent for decay.
(3) When applying the tolerance for the U.S. Combination grade
individual packages may have not more than 10 percent less than the
percentage of U.S. No. 1 required: Provided, That the entire lot
averages within the required percentage. (See Sec. 51.1526.)
Application of Tolerances
Sec. 51.1526 Application of tolerances.
The contents of individual packages in the lot, based on sample
inspection, are subject to the following limitations:
(a) A package may contain not more than double any specified
tolerance except that at least two defective and two off-size specimens
may be permitted in any package: Provided, That the averages for the
entire lot are within the tolerances specified for the grade.
(b) [Reserved]
Standard Pack
Sec. 51.1527 Standard pack.
(a) Packing. (1) All packages shall be tightly packed or well
filled, according to the approved and recognized methods.
(2) The plums or prunes in the top layer of any package shall be
reasonably representative in quality and size of those in the remainder
of the package.
(3) ``Well filled'' means that the plums or prunes packed in loose
or volume filled containers are packed within 1 inch of the top of the
container.
(4) ``Tightly packed'' means the plums or prunes are the proper
size for the mold or cell compartments in which they are packed, and
the molds or cells are filled in such a way that movement is not
allowed.
(b) Marking. (1) The size of plums or prunes shall be marked on
each package, and shall be indicated in terms of minimum diameter, or
number of fruit per package, or in accordance with the arrangement of
the top layer of fruit in the package or subcontainer. Size may also be
shown in terms of maximum number of fruit for a specified weight, such
as ``8 per pound,'' ``6.4 per pound'' or ``7\2/3\ per pound'' or by a
count-size designation based on the number of fruits contained in a 10
pound sample with the designation rounded to an applicable number which
is divisible by 5 (example: 40 size, 45 size, 50 size, 55 size, etc.).
(i) California peach boxes, lug boxes and small consumer packages.
In layer-packed California peach boxes or lug boxes, and in small layer
packed consumer packages, the count of the entire contents shall be
marked on the package. The number of plums or prunes in California
peach boxes or lug boxes shall not vary more than 4 from the number
indicated on the package. Loose filled consumer packs not in a master
container shall have a count-size marked on the package or on a tag
closure. Master containers of loose filled consumer packages shall have
a count-size marked on the package describing the size of plums or
prunes within the container.
(ii) Face and fill packs in cartons and lug boxes. In face and fill
packs in cartons and lug boxes the number of rows in the face shall be
marked on the packages, as ``6 row,'' ``8 row,'' etc.
(c) Sizing. (1) Not more than 5 percent, by count, of the plums or
prunes in any package may vary more than one-fourth inch in diameter,
except that not more than 5 percent, by count, of the plums or prunes
2-1/4 inches or larger in diameter and packed in loose or volume filled
containers may vary more than three-eighths inch in diameter.
(2) When size is indicated in terms of minimum diameter, not more
than 5 percent, by count, of the fruit in any package may be smaller
than the size marked.
(d) Tolerance for standard pack. In order to allow for variations
incident to proper sizing and packing, not more than 10 percent, by
count, of the packages in any lot may fail to meet the requirements for
standard pack.
Definitions
Sec. 51.1528 Well formed.
``Well formed'' means that the fruit has the shape characteristic
of the variety. Doubles shall not be considered well formed.
Sec. 51.1529 Clean.
``Clean'' means that the fruit is practically free from dirt and
other foreign material.
Sec. 51.1530 Mature.
``Mature'' means that the fruit has reached the stage of maturity
which will insure a proper completion of the ripening process.
[[Page 9195]]
Sec. 51.1531 Sunscald.
``Sunscald'' means injury caused by the sun in which softening or
collapse of the flesh is apparent.
Sec. 51.1532 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 detracts from
the appearance, or the edible or marketing quality of the fruit. The
following specific defects shall be considered as damage:
(a) Broken skins which are unhealed except those caused by pulled
stems where the skin is torn only slightly within the stem cavity.
(Healed skin breaks shall be considered scars);
(b) Heat injury, sprayburn or sunburn:
(1) When the skin is blistered, cracked or decidedly flattened;
(2) When the normal color of the skin or flesh has materially
changed;
(3) When there is more than one indentation; or,
(4) When an indentation exceeds three-sixteenths inch in diameter;
(c) Growth cracks:
(1) When not healed;
(2) When more than one in number;
(3) When more than one-eighth inch in depth;
(4) When more than three-eighths inch in length if within the stem
cavity; or,
(5) When more than one-fourth inch in length if outside of the stem
cavity;
(6) When extending from within to outside the stem cavity, when
more than three-eighths inch in length if the major portion of the
crack is within the stem cavity or when more than one-fourth inch in
length if the major portion of the crack is outside the stem cavity;
(d) Split pit when causing any unhealed crack, or when healed and
aggregating more than one-fourth inch in length, or when affecting the
shape to the extent that the fruit is not well formed;
(e) Scab or bacterial spot when cracked, or when the aggregate area
exceeds that of a circle one-fourth inch in diameter on a fruit 2
inches in diameter or smaller; or when the aggregate area exceeds that
of a circle three-eighths inch in diameter on a fruit larger than 2
inches in diameter;
(f) Drought spots or external gum spots which have an aggregate
area exceeding that of a circle one-fourth inch in diameter;
(g) Scale or scale marks when the aggregate area exceeds that of a
circle one-fourth inch in diameter;
(h) Scars, including those caused by hail, when the surface of the
fruit is depressed more than one-sixteenth inch, or when exceeding any
of the following aggregate areas, or a combination of two or more types
of scars the seriousness of which exceeds the maximum allowed for any
one type:
(1) Dark or rough scars when the area exceeds that of a circle one-
fourth inch in diameter on a fruit 2 inches in diameter or smaller; or
when the area exceeds that of a circle three-eighths inch in diameter
on a fruit larger than 2 inches in diameter.
(2) Fairly light colored, fairly smooth scars when, in the case of
Italian type prunes, the area exceeds that of a circle one-half inch in
diameter; or when, in the case of other types of plums, the area
exceeds that of a circle one-half inch in diameter on a fruit 2 inches
in diameter or smaller; or when the area exceeds that of a circle five-
eighths inch in diameter on a fruit larger than 2 inches in diameter;
(3) Light colored, smooth scars when, in the case of Italian type
prunes, the area exceeds one-twelfth of the fruit surface; or when, in
the case of other types of plums, the area exceeds that of a circle
three-fourths inch in diameter on a fruit 2 inches in diameter or
smaller; or when the area exceeds that of a circle seven-eighths inch
in diameter on a fruit larger than 2 inches in diameter;
(4) Twig or limb scratches which are not well healed or which have
an aggregate length of more than one-half inch;
(i) Russeting which exceeds any of the following aggregate areas of
any one type of russeting, or a combination of two or more types of
russeting the seriousness of which exceeds the maximum allowed for any
one type:
(1) Rough russeting when the area exceeds that of a circle one-
fourth inch in diameter on a fruit 2 inches in diameter or smaller; or
when the area exceeds that of a circle one-half inch in diameter on a
fruit larger than 2 inches in diameter;
(2) Slightly rough russeting when, in the case of Italian type
prunes, the area exceeds one-twelfth of the fruit surface; or when, in
the case of other types of plums, the area exceeds that of a circle
five-eighths inch in diameter on a fruit 2 inches in diameter or
smaller; or when the area exceeds that of a circle three-fourths inch
in diameter on a fruit larger than 2 inches in diameter;
(3) Fairly smooth or smooth russeting when, in the case of Italian
type prunes, the area exceeds one-twelfth of the fruit surface; or
when, in the case of other types of plums the area exceeds that of a
circle three-fourths inch in diameter on a fruit 2 inches in diameter
or smaller; or when the area exceeds that of a circle 1 inch in
diameter on a fruit larger than 2 inches in diameter.
(j) Discoloration when definitely contrasting with the normal
surface color of the fruit and affects more than 10 percent of the
surface.
Sec. 51.1533 Well colored.
``Well colored,'' as applied to Italian type prunes, means that 95
percent of the surface of the prune is purple color.
Sec. 51.1534 Fairly well colored.
``Fairly well colored,'' as applied to Italian type prunes, means
that at least three-fourths of the surface of the prune is purple
color.
Sec. 51.1535 Badly misshapen.
``Badly misshapen'' means that the fruit is so malformed or rough
that its appearance is seriously affected. Doubles shall be considered
badly misshapen, except that doubles of Italian type prunes which have
approximately equal halves shall not be considered badly misshapen.
Sec. 51.1536 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 detracts from the appearance, or the edible or marketing
quality of the fruit. The following specific defects shall be
considered as serious damage:
(a) Broken skins which are unhealed when aggregating more than one-
eighth inch in diameter, length or depth. (Healed skin breaks shall be
considered scars);
(b) Heat injury, sprayburn or sunburn:
(1) When the skin is blistered, cracked or decidedly flattened;
(2) When causing any dark discoloration of the flesh;
(3) When there are more than two indentations;
(4) When the aggregate area of indentations exceeds that of a
circle three-eighths inch in diameter; or,
(5) When causing noticeable brownish or darker discoloration over
more than one-fourth of the fruit surface;
(c) Growth cracks:
(1) When not healed and more than one-eighth inch in length or
depth;
(2) When healed and more than three-sixteenths inch in depth;
(3) When healed and aggregating more than five-eighths inch in
length if within the stem cavity; or,
(4) When healed and aggregating more than one-half inch in length
if outside of the stem cavity;
(5) When extending from within to outside the stem cavity, when
healed
[[Page 9196]]
and aggregating more than five-eighths inch in length if the major
portion of the crack is within the stem cavity or when healed and
aggregating more than one-half inch in length if the major portion of
the crack is outside the cavity;
(d) Split pit when causing any unhealed crack, or when healed and
aggregating more than three-eighths inch in length, or when affecting
the shape to the extent that the fruit is badly misshapen;
(e) Scab or bacterial spot, when the aggregate area exceeds that of
a circle one-half inch in diameter on a fruit 2 inches in diameter or
smaller; or when the aggregate area exceeds that of a circle three-
fourths inch in diameter on a fruit larger than 2 inches in diameter;
(f) Drought spots or external gum spots which have an aggregate
area exceeding that of a circle one-half inch in diameter;
(g) Scale or scale marks when the aggregate area exceeds that of a
circle three-eighths inch in diameter;
(h) Russeting and scars, including those caused by hail, when the
surface of the fruit is depressed more than three-sixteenths inch, or
when exceeding any of the following aggregate areas, or a combination
of two or more types of russeting or scars the seriousness of which
exceeds the maximum allowed for any one type:
(1) Dark or rough scars or rough russeting when the area exceeds
that of a circle three-fourths inch in diameter on a fruit 2 inches in
diameter or smaller; or when the area exceeds that of a circle one inch
in diameter on a fruit larger than 2 inches in diameter;
(2) Russeting and scars which are not dark or rough when the area
exceeds one-fourth of the fruit surface.
(i) Soft or overripe or shriveled plums or prunes;
(j) Plums or prunes affected by decay; and
(k) Plums or prunes affected by sunscald.
(l) Discoloration when definitely contrasting with the normal
surface color and affects more than 25 percent of the surface.
Sec. 51.1537 Diameter.
``Diameter'' means the greatest dimension measured at right angles
to a line from the stem to blossom end of the fruit.
Metric Conversion Table
Sec. 51.1538 Metric conversion table.
------------------------------------------------------------------------
Millimeters
Inches (mm)
------------------------------------------------------------------------
\1/8\ equals............................................... 3.2
\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 equals................................................... 25.4
1\1/4\ equals.............................................. 31.8
1\1/2\ equals.............................................. 38.1
1\3/4\ equals.............................................. 44.5
2 equals................................................... 50.8
3 equals................................................... 76.2
4 equals................................................... 101.6
------------------------------------------------------------------------
0
4. Subpart--United States Standards for Grades of Nectarines is revised
to read as follows:
Subpart--United States Standards for Grades of Nectarines
Grades
Sec.
51.3145 U.S. Fancy.
51.3146 U.S. Extra No. 1.
51.3147 U.S. No. 1.
51.3148 U.S. No. 2.
51.3149 [Reserved]
Tolerances
51.3150 Tolerances.
Application of Tolerances
51.3151 Application of tolerances.
Standard Pack
51.3152 Standard pack.
Definitions
51.3153 Mature.
51.3154 Well formed.
51.3155 Clean.
51.3156 Injury.
51.3157 Damage.
51.3158 Badly misshapen.
51.3159 Serious damage.
Metric Conversion Table
51.3160 Metric conversion table.
Subpart--United States Standards for Grades of Nectarines
Grades
Sec. 51.3145 U.S. Fancy.
``U.S. Fancy'' consists of nectarines of one variety which are
mature but not soft or overripe, which are well formed, clean, and free
from decay, broken skins which are not healed, worms, worm holes, and
free from injury caused by bruises, growth cracks, hail, sunburn,
sprayburn, scab, bacterial spot, scale, split pit, scars, russeting,
other disease, insects, or mechanical or other means.
(a) Each nectarine shall have not less than one-third of its
surface showing red color characteristic of the variety. (See Sec.
51.3150.)
(b) [Reserved]
Sec. 51.3146 U.S. Extra No. 1.
``U.S. Extra No. 1'' consists of nectarines of one variety which
are mature but not soft or overripe, which are well formed, clean, and
free from decay, broken skins which are not healed, worms, worm holes
and free from injury caused by split pit and free from damage caused by
bruises, growth cracks, hail, sunburn, sprayburn, scab, bacterial spot,
scale, scars, russeting, other disease, insects or mechanical or other
means.
(a) At least 75 percent of the nectarines in any lot shall show
some blushed or red color including therein at least 50 percent of the
nectarines with not less than one-third of the fruit surface showing
red color characteristic of the variety. (See Sec. 51.3150.)
(b) [Reserved]
Sec. 51.3147 U.S. No. 1.
``U.S. No. 1'' consists of nectarines of one variety which are
mature but not soft or overripe, which are well formed, clean, and free
from decay, broken skins which are not healed, worms, worm holes, and
free from injury caused by split pit and free from damage caused by
bruises, growth cracks, hail, sunburn, sprayburn, scab, bacterial spot,
scale, scars, russeting, other disease, insects, or mechanical or other
means.
Sec. 51.3148 U.S. No. 2.
``U.S. No. 2'' consists of nectarines of one variety which are
mature but not soft or overripe, which are not badly misshapen, which
are clean and free from decay, broken skins which are not healed,
worms, worm holes, and free from serious damage caused by bruises,
growth cracks, hail, sunburn, sprayburn, scab, bacterial spot, scale,
split pit, scars, russeting, other disease, insects, or mechanical or
other means.
Sec. 51.3149 [Reserved]
Tolerances
Sec. 51.3150 Tolerances.
In order to allow for variations incident to proper grading and
handling in each of the following grades, the following tolerances, by
count, based on a minimum 50-count sample, except when packages contain
less than 50 fruit, a minimum 25-count sample shall be examined, (when
packages contain less than 25 fruit adjoining packages shall be opened
to obtain the 25-count minimum sample), are provided as specified:
(a) U.S. Fancy, U.S. Extra No. 1, and U.S. No. 1 grades--(1) For
defects at shipping point.\1\ 8 percent for nectarines
[[Page 9197]]
which fail to meet the requirements of the specified grade: Provided,
That included in this amount not more than 4 percent shall be allowed
for defects causing serious damage, including in this latter amount not
more than one-half of 1 percent for nectarines which are affected by
decay.
---------------------------------------------------------------------------
\1\ Shipping point, as used in these standards, means the point
of origin of the shipment in the producing area or at port of
loading for ship stores or overseas shipment, or, in the case of
shipments from outside the continental United States, the port of
entry into the United States.
---------------------------------------------------------------------------
(2) For defects en route or at destination. 12 percent for
nectarines which fail to meet the requirements of the specified grade:
Provided, That included in this amount, not more than the following
percentages shall be allowed for defects listed:
(i) 8 percent for permanent defects;
(ii) 6 percent for defects causing serious damage, including
therein not more than 4 percent for serious damage by permanent defects
and not more than 2 percent for decay.
(3) For color--(i) U.S. Fancy grade. 10 percent for nectarines in
any lot which fail to meet the requirements of the grade.
(ii) U.S. Extra No. 1 grade and when specified in connection with a
grade. Individual containers may contain not more than 10 percentage
points less than the required percentage of nectarines showing the
amount of color specified for the grade: Provided, That the entire lot
averages not less than the required percentage of nectarines showing
the specified color for the grade.
(b) U.S. No. 2 grade--(1) For defects at shipping point.\1\ 8
percent for nectarines which fail to meet the requirements of the
grade: Provided, That included in this amount, not more than 4 percent
shall be allowed for sunscald, decay, or serious damage by insects or
heat injury, including in this latter amount not more than one-half of
1 percent for nectarines which are affected by decay.
(2) For defects en route or at destination. 12 percent for
nectarines which fail to meet the requirements of the grade: Provided,
That included in this amount not more than the following percentages
shall be allowed for defects listed:
(i) 8 percent for permanent defects including therein not more than
4 percent for sunscald, or serious damage by insects or heat injury;
and
(ii) 2 percent for decay.
Application of Tolerances
Sec. 51.3151 Application of tolerances.
The contents of individual packages in the lot, based on sample
inspection, are subject to the following limitations:
(a) A package may contain not more than double any specified
tolerance except that at least two defective specimens may be permitted
in any package: Provided, That the averages for the entire lot are
within the tolerances specified for the grade.
(b) [Reserved]
Standard Pack
Sec. 51.3152 Standard pack.
(a) Nectarines shall be fairly uniform in size and shall be packed
in boxes, lugs, crates, or cartons and arranged according to the
approved and recognized methods. All such containers shall be tightly
packed and well filled but the contents shall not show excessive or
unnecessary bruising resulting from overfilling. The nectarines in the
shown face shall be reasonably representative in size, color and
quality of the contents of the container.
(b) When packed in closed containers, the size shall be indicated
by marking the container with the numerical count, the pack
arrangement, or the minimum diameter or minimum and maximum diameters
in terms of inches and not less than one-eighth fractions of inches, or
a count-size based on equivalent tray pack size designations.
(c) Boxes, lugs or cartons: (1) Nectarines packed in containers
equipped with cell compartments, cardboard fillers or molded trays
shall be of the proper size for the cells, fillers, or molds in which
they are packed, and the number of nectarines in the container shall
correspond to the count marked on the container.
(2) In order to allow for variations incident to proper packing,
when packed in other types of packs in lugs, cartons, or boxes, the
number of nectarines in the container may vary not more than two from
the number marked on the container.
(d) ``Well filled'' means that the nectarines packed in loose or
volume filled containers are packed within 1 inch of the top of the
container.
(e) ``Fairly uniform in size'' means that when the average diameter
of nectarines in any container is 2 inches or smaller not more than 5
percent, by count, of the nectarines in the container shall be outside
a diameter range of one-fourth inch; when the average diameter of
nectarines in any container is over 2 inches not more than 5 percent,
by count, of the nectarines in the container shall be outside a
diameter range of three-eighths inch.
(f) Minimum size: When size is indicated in terms of minimum
diameter not more than 5 percent, by count, of the fruit in any
container may be smaller than the size marked.
(g) ``Diameter'' means the greatest dimension measured at right
angles to a line from stem to blossom end of the fruit.
(h) Tolerances. In order to allow for variations incident to proper
sizing and packing, not more than 10 percent, by count, of the
containers in any lot may fail to meet the requirements for standard
pack.
Definitions
Sec. 51.3153 Mature.
``Mature'' means that the nectarine has reached the stage of growth
which will insure a proper completion of the ripening process.
Sec. 51.3154 Well formed.
``Well formed'' means that the nectarine has the shape
characteristic of the variety and that bumps or other roughness do not
materially detract from the appearance.
Sec. 51.3155 Clean.
``Clean'' means that the fruit is practically free from dirt and
other foreign material.
Sec. 51.3156 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
detracts from the appearance, or the edible or marketing quality of the
fruit. The following specific defects shall be considered as injury:
(a) Growth cracks:
(1) When not healed;
(2) When more than one in number;
(3) When more than one-eighth inch in depth; or,
(4) When more than one-eighth inch in length.
(b) Heat injury, sprayburn or sunburn when the normal color of the
skin or flesh is more than slightly changed, or when any indentation is
present;
(c) Scab or bacterial spot when cracked, or when the aggregate area
exceeds that of a circle one-eighth inch in diameter on a fruit 2
inches in diameter or smaller; or when the aggregate area exceeds that
of a circle one-fourth inch in diameter on a fruit larger than 2 inches
in diameter;
(d) Scale or scale marks when more than one large scale or scale
mark or when more than three scales or scale marks of any size are
present;
(e) Split pit when causing any unhealed crack, or when healed and
aggregating more than one-fourth inch
[[Page 9198]]
in length, or when affecting the shape to the extent that the fruit is
not well formed;
(f) Drought spots or external gum spots which have an aggregate
area exceeding that of a circle one-eighth inch in diameter;
(g) Scars, including those caused by hail, when the surface of the
fruit is depressed more than one-sixteenth inch or when not light in
color, or when not smooth, or when exceeding any of the following
aggregate areas, or a combination of two or more types of scars the
seriousness of which exceeds the maximum allowed for any one type:
(1) Light colored, smooth scars when the area exceeds that of a
circle one-fourth inch in diameter on a fruit 2 inches in diameter or
smaller; or when the area exceeds that of a circle one-half inch in
diameter on a fruit larger than 2 inches in diameter;
(2) Twig or limb scratches which are not well healed or which have
an aggregate length of more than one-fourth inch; and
(h) Russeting which exceeds any of the following aggregate areas of
any one type of russeting, or a combination of two or more types of
russeting the seriousness of which exceeds the maximum allowed for any
one type:
(1) Rough or slightly rough russeting when the area exceeds that of
a circle one-eighth inch in diameter on a fruit 2 inches in diameter or
smaller; or when the area exceeds that of a circle one-fourth inch in
diameter on a fruit larger than 2 inches in diameter;
(2) Fairly smooth or smooth russeting or staining when the area
exceeds 10 percent of the fruit surface: Provided, That speckling
characteristic of certain varieties shall not be considered as
russeting or discoloration.
Sec. 51.3157 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 detracts from
the appearance, or the edible or marketing quality of the fruit. The
following specific defects shall be considered as damage:
(a) Growth cracks:
(1) When not healed;
(2) When more than one in number;
(3) When more than one-eighth inch in depth;
(4) When more than three-eighths inch in length if within the stem
cavity; or,
(5) When more than one-fourth inch in length if outside of the stem
cavity;
(b) Heat injury, sprayburn or sunburn:
(1) When the skin is blistered, cracked, or decidedly flattened;
(2) When the normal color of the skin or flesh has materially
changed;
(3) When there is more than one indentation; or,
(4) When an indentation exceeds three-sixteenths inch in diameter;
(c) Scab or bacterial spot when cracked, or when the aggregate area
exceeds that of a circle one-fourth inch in diameter on a fruit 2
inches in diameter or smaller; or when the aggregate area exceeds that
of a circle three-eighths inch in diameter on a fruit larger than 2
inches in diameter;
(d) Scale or scale marks when the aggregate area exceeds that of a
circle one-fourth inch in diameter;
(e) Drought spots or external gum spots which have an aggregate
area exceeding that of a circle one-fourth inch in diameter;
(f) Scars, including those caused by hail, when the surface of the
fruit is depressed more than one-sixteenth inch, or when exceeding any
of the following aggregate areas, or a combination of two or more types
of scars the seriousness of which exceeds the maximum allowed for any
one type:
(1) Dark or rough scars when the area exceeds that of a circle one-
fourth inch in diameter on a fruit 2 inches in diameter or smaller; or
when the aggregate area exceeds that of a circle three-eighths inch in
diameter on a fruit larger than 2 inches in diameter;
(2) Fairly light colored, fairly smooth scars when the area exceeds
that of a circle one-half inch in diameter on a fruit 2 inches in
diameter or smaller; or when the area exceeds that of a circle five-
eighths inch in diameter on a fruit larger than 2 inches in diameter;
(3) Light colored, smooth scars when the area exceeds that of a
circle three-fourths inch in diameter on a fruit 2 inches in diameter
or smaller; or when the area exceeds that of a circle seven-eighths
inch in diameter on a fruit larger than 2 inches in diameter;
(4) Twig or limb scratches which are not well healed or which have
an aggregate length of more than one-half inch; and
(g) Russeting which exceeds any of the following aggregate areas of
any one type of russeting, or a combination of two or more types of
russeting the seriousness of which exceeds the maximum allowed for any
one type:
(1) Rough russeting when the area exceeds that of a circle one-
fourth inch in diameter on a fruit 2 inches in diameter or smaller; or
when the area exceeds that of a circle one-half inch in diameter on a
fruit larger than 2 inches in diameter;
(2) Slightly rough russeting when the area exceeds that of a circle
five-eighths inch in diameter on a fruit 2 inches in diameter or
smaller; or when the area exceeds that of a circle three-fourths inch
in diameter on a fruit larger than 2 inches in diameter;
(3) Fairly smooth or smooth russeting when the area exceeds 15
percent of the fruit surface: Provided, That discoloration occurring as
yellow to brown staining of the skin shall not be considered as
russeting and shall be considered as causing damage only when
materially detracting from the appearance of the nectarine, and that
speckling characteristic of certain varieties shall not be considered
as russeting or discoloration.
Sec. 51.3158 Badly misshapen.
``Badly misshapen'' means that the nectarine is so decidedly
deformed that its appearance is seriously affected.
Sec. 51.3159 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 detracts from the appearance or the edible or marketing
quality of the fruit. The following specific defects shall be
considered as serious damage:
(a) Growth cracks:
(1) When not healed and more than one-eighth inch in length or
depth;
(2) When healed and more than three-sixteenths inch in depth;
(3) When healed and aggregating more than five-eighths inch in
length if within the stem cavity; or,
(4) When healed and aggregating more than one-half inch in length
if outside of the stem cavity;
(b) Heat injury, sprayburn or sunburn:
(1) When the skin is blistered, cracked, or decidedly flattened;
(2) When causing any dark discoloration of the flesh;
(3) When there are more than two indentations;
(4) When the aggregate area of indentations exceeds that of a
circle three-eighths inch in diameter; or,
(5) When causing noticeable brownish or darker discoloration over
more than one-fourth of the fruit surface;
(c) Scab or bacterial spot when the aggregate area exceeds that of
a circle one-half inch in diameter on a fruit 2 inches in diameter or
smaller; or when the aggregate area exceeds that of a circle three-
fourths inch in diameter on a fruit larger than 2 inches in diameter;
(d) Scale or scale marks when the aggregate area exceeds that of a
circle three-eighths inch in diameter;
(e) Split pit when causing any unhealed crack or when healed and
[[Page 9199]]
aggregating more than three-eighths inch in length, or when affecting
the shape to the extent that the fruit is badly misshapen;
(f) Drought spots or external gum spots which have an aggregate
area exceeding that of a circle one-half inch in diameter;
(g) Scars, including those caused by hail, when the surface of the
fruit is depressed more than three-sixteenths inch, or when exceeding
any of the following aggregate areas, or a combination of two or more
types of scars the seriousness of which exceeds the maximum allowed for
any one type:
(1) Dark or rough scars when the area exceeds that of a circle
three-fourths inch in diameter on a fruit 2 inches in diameter or
smaller; or when the area exceeds that of a circle one inch in diameter
on fruit larger than 2 inches in diameter;
(2) Scars which are not dark or rough when the area exceeds one-
fourth of the fruit surface;
(h) Russeting which exceeds any of the following aggregate areas of
any one type of russeting, or a combination of two or more types of
russeting the seriousness of which exceeds the maximum allowed for any
one type:
(1) Rough or slightly rough russeting when the area exceeds 10
percent of the fruit surface; or
(2) Fairly smooth or smooth russeting when the area exceeds 50
percent of the fruit surface: Provided, That discoloration occurring as
yellow to brown staining of the skin shall not be considered russeting
and shall be considered as causing serious damage only when seriously
detracting from the appearance of the nectarine, and that speckling
characteristic of certain varieties shall not be considered as
russeting or discoloration.
(i) Soft or overripe nectarines;
(j) Nectarines affected by decay;
(k) Unhealed broken skins except those associated with growth
cracks; and,
(l) Wormy fruit or worm holes.
Metric Conversion Table
Sec. 51.3160 Metric conversion table.
------------------------------------------------------------------------
Millimeters
Inches (mm)
------------------------------------------------------------------------
1/8 equals................................................. 3.2
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 equals................................................... 25.4
1-1/4 equals............................................... 31.8
1-1/2 equals............................................... 38.1
1-3/4 equals............................................... 44.5
2 equals................................................... 50.8
3 equals................................................... 76.2
4 equals................................................... 101.6
------------------------------------------------------------------------
Dated: February 20, 2004.
A. J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 04-4221 Filed 2-26-04; 8:45 am]
BILLING CODE 3410-02-P