[Code of Federal Regulations]
[Title 7, Volume 8]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR983.39]
[Page 567-570]
TITLE 7--AGRICULTURE
CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and
Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
PART 983_PISTACHIOS GROWN IN CALIFORNIA--Table of Contents
Sec. 983.39 Minimum quality levels.
(a) Maximum defect and minimum size. No handler shall ship for
domestic human consumption, pistachios that exceed permissible maximum
defect and minimum size levels shown in the following Table 3 of this
paragraph.
Table 3.--Maximum Defect and Minimum Size Levels
------------------------------------------------------------------------
Maximum permissible defects
(percent by weight)
Factor -----------------------------------
Inshell Kernels
------------------------------------------------------------------------
EXTERNAL (SHELL) DEFECTS
------------------------------------------------------------------------
1. Non-splits & not split on suture. 10.0 ...............
(i) Maximum non-splits allowed.. 4.0 ...............
2. Adhering hull material........... 2.0 ...............
3. Dark stain....................... 3.0 ...............
[[Page 568]]
4. Damage by other means, other than 10.0 ...............
1, 2 and 3 above, which materially
detracts from the appearance or the
edible or marketing quality of the
individual shell or the lot........
-------------------------------------
INTERNAL (KERNEL) DEFECTS
------------------------------------------------------------------------
1. Damage........................... 6.0 3.0
Immature kernel (Fills <75%-50% of the shell)
Kernel spotting (Affects \1/8\
aggregate surface)
2. Serious damage................... 4.0 2.5
Minor insect or vertebrate
injury/insect damage, insect
evidence, mold, rancidity,
decay
(i) Maximum insect damage 2.0 0.5
allowed........................
Total external or internal defects 9.0 ...............
allowed............................
-------------------------------------
OTHER DEFECTS
------------------------------------------------------------------------
1. Shell pieces and blanks (Fills 2.0 ...............
<50% of the shell).................
(i) Maximum blanks allowed...... 1.0 ...............
2. Foreign material--No glass, metal 0.25 0.1
or live insects permitted..........
3. Particles and dust............... 0.25 ...............
4. Loose kernels.................... 6.0 ...............
-------------------------------------
Minimum permissible defects
(percent by weight)
--------------------
Maximum allowable inshell pistachios 5.0 ...............
that will pass through a \30/64\ths
inch round hole screen.............
------------------------------------------------------------------------
(b) Definitions applicable to permissible maximum defect and minimum
size levels: The following definitions shall apply to inshell pistachio
and pistachio kernel maximum defect and minimum size:
(1) Loose kernels means kernels or kernel portions that are out of
the shell and which cannot be considered particles and dust.
(2) External (shell) defects means any abnormal condition affecting
the hard covering around the kernel. Such defects include, but are not
limited to, non-split shells, shells not split on suture, adhering hull
material or dark stains.
(3) Damage by external (shell) defects shall also include any
specific defect described in paragraphs (b)(3)(i) through (iv) of 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 edibility or the marketing quality
of the individual shell or the lot.
(i) Non-split shells means shells are not opened or are partially
opened and will not allow an \18/1000\ (.018) inch thick by \1/4\ (.25)
inch wide gauge to slip into the opening.
(ii) Not split on suture means shells are split other than on the
suture and will allow an \18/1000\ (.018) inch thick by \1/4\ (.25) inch
wide gauge to slip into the opening.
(iii) Adhering hull material means an aggregate amount of hull
covers more than one-eighth (\1/8\) of the total shell surface, or when
readily noticeable on dyed shells.
(iv) Dark stain on raw or roasted nuts means an aggregate amount of
dark brown, dark gray or black discoloration that affects more than one-
eighth of the total shell surface. Pistachios that are dyed or color-
coated to improve their marketing quality are not subject to the maximum
permissible defects for dark stain. Speckled discoloration on the stem
end, bottom quarter of the nut is not considered damage.
(4) Internal (kernel) defects means any damage affecting the kernel.
Such damage includes, but is not limited to evidence of insects,
immature kernels, rancid kernels, mold or decay.
[[Page 569]]
(i) Damage by internal (kernel) defects shall also include any
specific defect described in paragraphs (b)(4)(i)(A) and (B) of 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 edibility or the
marketing quality of the individual kernel or of the lot.
(A) Immature kernels in inshell are excessively thin kernels, or
when a kernel fills less than three-fourths, but not less than one-half
of the shell cavity. ``Immature kernels'' in shelled pistachios are
excessively thin kernels and can have black, brown or gray surface with
a dark interior color and the immaturity has adversely affected the
flavor of the kernel.
(B) Kernel spotting refers to dark brown or dark gray spots
aggregating more than one-eighth of the surface of the kernel.
(ii) Serious damage by internal (kernel) defects means any specific
defect described in paragraphs (b)(4)(ii)(A) through (E) of this
section, or an equally objectionable variation of any one of these
defects, which seriously detracts from the appearance or the edibility
or the marketing quality of the individual kernel or of the lot.
(A) Minor insect or vertebrate injury means the kernel shows
conspicuous evidence of feeding.
(B) Insect damage means an insect, insect fragment, web or frass
attached to the kernel. No live insects shall be permitted.
(C) Mold that is readily visible on the shell or kernel.
(D) Rancidity means the kernel is distinctly rancid to taste.
Staleness of flavor shall not be classed as rancidity.
(E) Decay means \1/16\th or more of the kernel surface is
decomposed.
(5) Other defects means defects that cannot be considered internal
defects or external defects. Such defects include, but are not limited
to shell pieces, blanks, foreign materials or particles and dust. The
following shall be considered other defects:
(i) Shell pieces means open inshell without a kernel, half shells or
pieces of shell which are loose in the sample.
(ii) Blanks means a non-split shell not containing a kernel or
containing a kernel that fills less than one-half of the shell cavity.
(iii) Foreign material means leaves, sticks, loose hulls or hull
pieces, dirt, rocks, insects or insect fragments not attached to nuts,
or any substance other than pistachio shells or kernels. Glass, metal or
live insects shall not be permitted.
(iv) Particles and dust means pieces of nut kernels that will pass
through \5/64\ inch round opening.
(v) Undersized means inshell pistachios that fall through a \30/64\-
inch round hole screen.
(c) Minimum quality certificate. Each shipment for domestic human
consumption must be covered by a USDA certificate certifying a minimum
quality or higher. Pistachios that fail to meet the minimum quality
specifications shall be disposed of in such manner as described in Sec.
983.40.
(d) Transfers between handlers. Transfers between handlers within
the production area are exempt from the minimum quality regulation of
this section.
(e) Minimum quality testing procedures. To obtain a minimum quality
certificate, each lot to be certified shall be uniquely identified,
shall be traceable from testing through shipment by the handler and
shall be subjected to the following procedure:
(1) Sampling of pistachios for maximum defects and minimum size. The
gross weight of the inshell and kernel sample, and number of samplings
required to meet the minimum quality regulation, is shown in Table 4 of
this paragraph (e)(1). These samples shall be drawn from the lot that is
to be certified pursuant to Sec. 983.38(d)(1) under the supervision of
an inspector or as approved under an alternative USDA recognized
inspection program.
[[Page 570]]
Table 4.--Inshell and Kernel Pistachio Lot Sampling Increments for Minimum Quality Certification
----------------------------------------------------------------------------------------------------------------
Number of
incremental Total weight of Weight of inshell
Lot weight (lbs.) samples for the lot sample and kernel test
lot sample (grams) sample (grams)
----------------------------------------------------------------------------------------------------------------
220 or less............................................ 10 500 500
221-440................................................ 15 500 500
441-1100............................................... 20 600 500
1101-2200.............................................. 30 900 500
2201-4400.............................................. 40 1200 500
4401-11,000............................................ 60 1800 500
11,001-22,000.......................................... 80 2400 1000
22,001-150,000......................................... 100 3000 1000
----------------------------------------------------------------------------------------------------------------
(2) Testing of pistachios for maximum defect and minimum size. The
sample shall be analyzed according to USDA protocol, current or as
subsequently revised, to insure that the lot does not exceed maximum
defects and meets at least the minimum size levels as specified in Table
3 of paragraph (a) of this section. For inshell pistachios, those nuts
with dark stain, adhering hull, and those exhibiting apparent serious
defects shall be shelled for internal kernel analysis. The USDA protocol
currently appears in USDA inspection instruction manual ``Pistachios in
the Shell, Shipping Point and Market Inspection Instructions,'' June
1994: revised September 1994, HU-125-9(b). Copies may be obtained from
the Fresh Products Branch, Agricultural Marketing Service, USDA. Contact
information may be found at http://www.ams.usda.gov/fv/fvstand.htm.
(f) Certification of minimum quality. Each inspector shall complete
minimum quality testing and reporting and shall certify that every lot
of California pistachios or portion thereof shipped domestically meets
minimum quality levels. A record of each test, along with a record of
final shipping disposition, shall be kept by each handler. These records
must be maintained for three years following the production year in
which the pistachios were shipped, and are subject to audit by the
committee at any time.
Effective Date Note: At 69 FR 17850, Apr. 4, 2004, part 983 was
added, effective April 6, 2004, except for Sec. Sec. 983.38 through
983.46, which are effective Aug. 1, 2004. At 69 FR 44460, July 26, 2004,
the effective date was delayed to February 1, 2005.