[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: 7CFR993.49]

[Page 705-706]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
 
PART 993_DRIED PRUNES PRODUCED IN CALIFORNIA--Table of Contents
 
                    Subpart_Order Regulating Handling
 
Sec. 993.49  Incoming regulation.

    (a) No handler shall receive prunes from producers or dehydrators, 
other than substandard prunes and undersized prunes, unless such prunes 
meet the minimum standards for natural condition prunes set forth in 
Sec. 993.97 (Exhibit A), or as such standards may be modified, or the 
more restrictive grade regulation established pursuant to this section, 
and then in effect: Provided, That no handler shall receive any prunes 
(including substandard prunes and undersized prunes) from producers or 
dehydrators unless such prunes have been properly dried and cured in 
original natural condition, without the addition of water, and are free 
from active insect infestation, so that they are capable of being 
received, stored, and packed without material deterioration or spoilage. 
Any ``high moisture content prunes,'' as described in the exception in 
Sec. 993.5(b), in the possession of a handler, shall be held separate 
and apart from any prunes held by him. If such ``high moisture content 
prunes'' are dried or dehydrated to a point where they are capable of 
being stored, without material deterioration or spoilage, unrefrigerated 
or not otherwise artificially preserved, they shall be deemed, at that 
time, to have been received by such handler as prunes, and shall be 
subject to all of the conditions and restrictions of this subpart.
    (b) The Secretary, on the basis of a recommendation of the committee 
or other information, may establish size regulations or more restrictive 
grade regulations with resepct to prunes that may be received by a 
handler from producers and dehydrators whenever he finds that such 
action would tend to effectuate the declared policy of the act.
    (c) In no crop year shall a handler receive from producers or 
dehydrators prunes, other than as undersized prunes, which pass freely 
through a round opening with a diameter as follows: For French prunes 
23/32 of an inch, and for non-French prunes 28/32 of an inch: Provided, 
That the Secretary upon a recommendation of the Committee, may establish 
larger openings whenever it is determined that supply conditions for a 
crop year warrant such

[[Page 706]]

regulation. The quantity of undersized prunes in any lot received by a 
handler from a producer or dehydrator shall be determined by the 
inspection service and entered on the applicable inspection certificate.

[26 FR 476, Jan. 19, 1961, as amended at 37 FR 862, Jan. 20, 1972; 46 FR 
61637, Dec. 18, 1981]