[Code of Federal Regulations]
[Title 7, Volume 2]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR52.13]

[Page 529-530]
 
                          TITLE 7--AGRICULTURE
 
                        DEPARTMENT OF AGRICULTURE
 
PART 52--PROCESSED FRUITS AND VEGETABLES, PROCESSED PRODUCTS THEREOF, AND CERTAIN OTHER PROCESSED FOOD PRODUCTS \1\--Table of Contents
 
       Subpart--Regulations Governing Inspection and Certification
 
Sec. 52.13  Basis of inspection and grade or compliance determination.

    (a) Inspection service shall be performed on the basis of the 
appropriate United States standards for grades of processed products, 
Federal, Military, Veterans Administration or other government agency 
specifications, written contract specifications, or any written 
specification or instruction which is approved by the Administrator.

[[Page 530]]

    (b) Unless otherwise approved by the Administrator, compliance with 
such grade standards, specifications, or instructions shall be 
determined by evaluating the product, or sample, in accordance with the 
requirements of such standards, specifications or instructions: 
Provided, That when inspection for quality is based on any U.S. grade 
standard which contains a scoring system, the grade to be assigned to a 
lot is the grade indicated by the average of the total of the scores of 
the respective sample units: Provided further, That--
    (1) Such sample complies with the applicable standards of quality 
promulgated under the Federal Food, Drug, and Cosmetic Act;
    (2) Such sample complies with the product description;
    (3) Such sample meets the indicated grade with respect to factors of 
quality which are not rated by score points; and
    (4) With respect to those factors of quality which are rated by 
score points, each of the following requirements is met:
    (i) None of the sample units falls more than one grade below the 
indicated grade because of any quality factor to which a limiting rule 
applies;
    (ii) None of the sample units falls more than 4 score points below 
the minimum total score for the indicated grade;
    (iii) The number of deviants does not exceed the applicable 
acceptance number indicated in the sampling plans contained in 
Sec. 52.38 (``deviants'', as used in this paragraph, means sample units 
that fall into the next grade below the indicated grade but do not score 
more than 4 points below the minimum total score for the indicated 
grade);
    (5) If any of the provisions contained in paragraphs (b) (3) and (4) 
of this section are not met, the grade is determined by considering such 
provisions in connection with succeedingly lower grades until the grade 
of the lot, if assignable, is established; and
    (6) When it is determined that a portion of a lot bearing a 
particular identification mark is of lower quality or deficient in other 
factors, the grade or compliance of the lot shall be no higher than that 
of the portion bearing the particular identification mark.

[22 FR 3535, May 22, 1957, as amended at 33 FR 9582, July 2, 1968. 
Redesignated at 42 FR 32514, June 27, 1977 and further redesignated at 
46 FR 63203, Dec. 31, 1981]