[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: 7CFR983]

[Page 551]
 
                          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.  983.40  Failed lots/rework procedure.

    (a) Substandard pistachios. Each lot of substandard pistachios may 
be reworked to meet minimum quality requirements.
    (b) Failed lot reporting. If a lot fails to meet the aflatoxin and/
or the minimum quality requirements of this part, a failed lot 
notification report shall be completed and sent to the committee within 
10 working days of the test failure. This form must be completed and 
submitted to the committee each time a lot fails either aflatoxin or the 
minimum quality testing. The accredited laboratories shall send the 
failed lot notification reports for aflatoxin tests to the committee, 
and the handler, under the supervision of an inspector, shall send the 
failed lot notification reports for the lots that do not meet the 
minimum quality requirements to the committee.
    (c) Inshell rework procedure for aflatoxin. If inshell rework is 
selected as a remedy to meet the aflatoxin requirements of this part, 
then 100% of the product within that lot shall be removed from the bulk 
and/or retail packaging containers and reworked to remove the portion of 
the lot that caused the failure. Reworking shall consist of mechanical, 
electronic or manual procedures normally used in the handling of 
pistachios. After the rework procedure has been completed the total 
weight of the accepted product and the total weight of the rejected 
product shall be reported to the committee. The reworked lot shall be 
sampled and tested for aflatoxin as specified in Sec.  983.38 except 
that the lot sample size and the test sample size shall be doubled. The 
reworked lot shall also be sampled and tested for the minimum quality 
requirements. If, after the lot has been reworked and tested, it fails 
the aflatoxin test for a second time, the lot may be shelled and the 
kernels reworked, sampled and tested in the manner specified for an 
original lot of kernels, or the failed lot may be used for non-human 
consumption or otherwise disposed of.
    (d) Kernel rework procedure for aflatoxin. If pistachio kernel 
rework is selected as a remedy to meet the aflatoxin requirements of 
Sec.  983.38, then 100% of the product within that lot shall be removed 
from the bulk and/or retail packaging containers and reworked to remove 
the portion of the lot that caused the failure. Reworking shall consist 
of mechanical, electronic or manual procedures normally used in the 
handling of pistachios. After the rework procedure has been completed 
the total weight of the accepted product and the total weight of the 
rejected product shall be reported to the committee. The reworked lot 
shall be sampled and tested for aflatoxin as specified in Sec.  983.38.
    (e) Minimum quality rework procedure for inshell pistachios and 
kernels. If rework is selected as a remedy to meet the minimum quality 
requirements of Sec.  983.39, then 100% of the product within that lot 
shall be removed from the bulk and/or retail packaging containers and 
processed to remove the portion of the lot that caused the failure. 
Reworking shall consist of mechanical, electronic or manual procedures 
normally used in the handling of pistachios. The reworked lot shall be 
sampled and tested for the minimum quality requirements as specified in 
the minimum quality regulations of Sec.  983.39.