[Code of Federal Regulations]
[Title 7, Volume 8]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR944.700]

[Page 333-334]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
 
PART 944_FRUITS; IMPORT REGULATIONS--Table of Contents
 
Sec.  944.700  Fresh prune import regulation.

    (a) Pursuant to section 8e of the Agricultural Marketing Agreement 
Act of 1937, as amended, the importation into the United States of any 
fresh prunes, other than the Brooks variety, during the period July 15 
through September 30 of each year is prohibited unless such fresh prunes 
meet the following requirements:
    (1) Such fresh prunes grade at least U.S. No. 1, except that at 
least two-thirds of the surface of the fresh prune is required to be 
purplish in color, and such fresh prunes measure not less than 1\1/4\ 
inches in diameter as measured by a rigid ring: Provided, That the 
following tolerances, by count, of the fresh prunes in any lot shall 
apply in lieu of the tolerance for defects provided in the United States 
Standards for Grades of Fresh Plums and Prunes (7 CFR 51.1520 through 
51.1538): A total of not more than 15 percent for defects, including 
therein not more than the following percentage for the defect listed:
    (i) 10 percent for fresh prunes which fail to meet the color 
requirement;
    (ii) 10 percent for fresh prunes which fail to meet the minimum 
diameter requirement;
    (iii) 10 percent for fresh prunes which fail to meet the remaining 
requirements of the grade: Provided, That not more than one-half of this 
amount, or 5 percent, shall be allowed for defects causing serious 
damage, including in the latter amount not more than 1 percent for 
decay.
    (2) [Reserved]
    (b) The importation of any individual shipment which, in the 
aggregate, does not exceed 500 pounds net weight, of fresh prunes of the 
Stanley or Merton varieties, or 350 pounds net weight, of fresh prunes 
of any variety other than the Stanley or Merton varieties, is exempt 
from the requirements specified in this section.
    (c) The grade, size and quality requirements of this section shall 
not be applicable to fresh prunes imported for consumption by charitable 
institutions, distribution by relief agencies, or commercial processing 
into products, but such prunes shall be subject to the safeguard 
provisions in Sec.  944.350.
    (d) The term U.S. No. 1 shall have the same meaning as when used in 
the United States Standards for Grades of Fresh Plums and Prunes (7 CFR 
51.1520 through 51.1538); the term purplish color shall have the same 
meaning as when used in the Washington State Department of Agriculture 
Standards for Italian Prunes (April 28, 1978), and the Oregon State 
Department of Agriculture Standards for Italian Prunes (October 5, 
1977); the term diameter means the greatest dimension measured at right 
angles to a line from the stem to the blossom end of the fruit.
    (e) The term Prunes means all varieties of plums, classified 
botanically as

[[Page 334]]

Prunus domestica, except those of the President variety.
    (f) The term importation means release from custody of the United 
States Customs Service.
    (g) Inspection and certification service is required for imports and 
will be available in accordance with the regulation designating 
inspection services and procedure for obtaining inspection and 
certification (7 CFR 944.400).
    (h) Any lot or portion thereof which fails to meet the import 
requirements, and is not being imported for purposes of consumption by 
charitable institutions, distribution by relief agencies, or commercial 
processing into products, prior to or after reconditioning may be 
exported or disposed of under the supervision of the Federal or Federal-
State Inspection Service with the costs of certifying the disposal of 
such fresh prunes borne by the importer.
    (i) It is determined that fresh prunes imported into the United 
States shall meet the same minimum grade, size and quality requirements 
as those established for fresh prunes under Marketing Order No. 924 (7 
CFR part 924).

[61 FR 40959, Aug. 7, 1996]

    Effective Date Note: At 71 FR 26821, May 9, 2006, Sec.  944.700 was 
suspended indefinitely, effective May 10, 2006.