[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: 7CFR999]
[Page 734-738]
TITLE 7--AGRICULTURE
CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and
Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
PART 999_SPECIALTY CROPS; IMPORT REGULATIONS--Table of Contents
Sec. 999.200 Regulation governing the importation of prunes.
(a) Definitions. (1) Prunes means and includes all sun-dried or
artificially dehydrated plums, of any type of variety, produced from
plums, except: Sulfur-bleached prunes which are produced from yellow
varieties of plums and are commonly known as silver plums; (ii) plums
which have not been dried or dehydrated to a point where they are
capable of being stored prior to packing, without material deterioration
or spoilage unless refrigeration or other artificial means of
preservation are used, and so long as they are treated by a process
which is in conformity with, or generally similar to, the processes for
treatment of plums of that type which have been developed or recommended
by the Food Technology Division, College of Agriculture, University of
California, for the specialty pack known as ``high moisture content
prunes'', but this exception shall not apply if and when such plums are
dried to the point where they are capable of being stored without
material deterioration or spoilage, refrigeration or other artificial
means of preservation; and (iii) brine dried prunes that have been
impregnated with brine or salt during the dehydration process to the
extent that they have lost their form and character as prunes, and
cannot be reconstituted to permit economic use of the individual fruits
as prunes, and are imported under International Harmonized Tariff
Schedule No. 0813.20.1000.
(2) Pitted prunes means prunes with the pit removed that are
characterized by a uniform depression and minimal skin break where the
pit has been removed.
(3) Macerated prunes means dried prunes with the pit removed that
are characterized by a flattened appearance with slightly more skin
break where the pit has been removed than with pitted prunes.
(4) Standard prunes means any lot of prunes meeting the grade and
size requirements prescribed in paragraph (b)(1) of this section.
(5) Standard pitted prunes means any lot of pitted prunes meeting
the grade requirements prescribed in paragraphs (b)(2) and (b)(3) of
this section.
(6) Standard pitted macerated prunes means any lot of pitted
macerated prunes meeting the grade requirements in paragraphs (b)(2) and
(b)(4) of this section.
(7) Manufacturing grade substandard prunes means any lot of prunes
which meets the grade requirements prescribed in paragraph (b)(5) of
this section but fails to meet the requirements for standard prunes,
standard pitted prunes and standard pitted macerated prunes.
(8) Size means the number of prunes contained in a pound.
(9) Person means any individual, partnership, corporation,
association, or other business unit.
(10) Fruit and Vegetable Division means the Fruit and Vegetable
Division of the Agricultural Marketing Service, U.S. Department of
Agriculture, Washington, DC 20250.
(11) USDA inspector means an inspector of the Processed Products
Standardization and Inspection Branch, Fruit and Vegetable Division, or
any other duly authorized employee of the USDA.
(12) Importation means release from custody of the U.S. Bureau of
Customs.
(13) Undersized prunes means those prunes that pass freely through a
round opening 23/32 of an inch in diameter.
(b) Grade and size requirements. (1) Except as provided in paragraph
(b)(5) or paragraph (d) of this section, no person may import any lot of
prunes into the United States unless the prunes are inspected and an
inspection certificate issued with respect thereto, and the lot meets
the applicable grade requirements specified in exhibit A of this section
and the average count (i.e., number) of the prunes in such lot is 100 or
less per pound. In determining whether any lot conforms to the size
requirement, the following tolerance shall apply: In a sample of 100
ounces, the count per pound of 10 ounces of smallest prunes may not vary
from the
[[Page 735]]
count per pound of 10 ounces of the largest prunes by more than 45
points.
(2) No person may import any lot of pitted prunes or pitted
macerated prunes for human consumption as pitted or pitted macerated
prunes unless the lot meets the applicable minimum grade requirements
set forth in Sec. 999.200 (exhibit A), except that skin or flesh damage
shall not be scored as a defect in determining whether the prunes meet
the grade requirements. Pitted and pitted macerated prunes shall not be
subject to size and undersized requirements.
(3) No person may import any lot of pitted prunes for human
consumption as pitted prunes unless the lot does not exceed an average
of 0.5 percent by count of prunes with whole pits and/or pit fragments 2
mm or longer and four of ten subsamples examined have no more than 0.5
percent by count of prunes with whole pits and/or pit fragments 2 mm or
longer.
(4) No person may import any lot of pitted macerated prunes for
human consumption as pitted macerated prunes unless the lot does not
exceed an average of 2 percent by count of prunes with whole pits and/or
pit fragments 2 mm or longer; and four of ten subsamples examined have
no more than 2 percent by count with whole pits and/or pit fragments 2
mm or longer.
(5) Any person may import any lot of prunes, except any lot
containing undersized prunes, pitted prunes or pitted macerated prunes,
into the United States for use in human consumption outlets as prune
products in which the prunes lose their form and character as prunes by
conversion prior to consumption if the prunes are inspected and an
inspection certificate issued with respect thereto, and each lot meets
the grade requirements set forth in paragraphs (1), (2), and (3) of
exhibit A of this section, and the importer first files as a condition
of such importation an executed ``Prune Form No. 1 Prunes-Section 8e
Entry Declaration''.
(c) Inspection and certification requirements--(1) Inspection.
Inspection shall be performed by a USDA inspector in accordance with the
regulations governing inspection and certification of processed fruits
and vegetables, processed products thereof, and certain other processed
food products (part 52 of this title). The cost of each such inspection
and related certification shall be borne by the applicant.
(2) Certification. Each lot of prunes inspected in accordance with
paragraph (c)(1) of this section shall be covered by an inspection
certificate. Each such certificate shall set forth, among other things,
the following:
(i) The date and place of inspection.
(ii) The name of the applicant.
(iii) The quantity and identifying marks of the lot inspected.
(iv) The statement, as applicable: ``Meets U.S. import requirements
for standard prunes, standard pitted and standard pitted macerated
prunes under section 8e of the AMA Act of 1937''; ``Meets U.S. import
requirements for manufacturing grade substandard prunes under section 8e
of the AMA Act of 1937''; or ``Fails to meet U.S. import requirements
for prunes under section 8e of the AMA Act of 1937''.
(v) If the lot fails to meet the import requirements, a statement of
the reason therefor.
(d) Exemptions. Notwithstanding any other provisions of this
section, the importation of any lot of prunes which in the aggregate
does not exceed 150 pounds, net weight, and any prunes that are so
denatured as to render them unfit for human consumption shall be exempt
from the requirements of this section.
(e) Additional requirements--(1) General. Prior to importation of
any prunes, the person importing such prunes shall file an inspection
certificate with the Collector of Customs at the port at which the
customs entry is filed. In addition, if such prunes are manufacturing
grade substandard prunes, such person shall also file with the Collector
of Customs an executed ``Prunes--Section 8e Entry Declaration,''
prescribed in paragraph (e)(2) of this section as Prune Form No. 1.
Promptly after such filing, such person shall transmit a copy of this
form to the Fruit and Vegetable Division. No person may import, sell, or
use any manufacturing grade substandard prunes other than for use as set
forth in paragraph (b)(5) of this section. Each person importing
manufacturing grade
[[Page 736]]
substandard prunes shall obtain from each purchaser, no later than the
time of delivery to such purchaser, and file with the Fruit and
Vegetable Division not later than the 5th day of the month following the
month in which the prunes were delivered, an executed ``Prunes--Section
8e Certification of Processor or Reseller,'' prescribed in paragraph
(e)(3) of this section as Prune Form No. 2. One copy of this executed
form shall be retained by the importer and one copy shall be retained by
the purchaser.
(2) Prune Form No. 1. The following is prescribed as Prune Form No.
1:
Prune Form No. 1
prunes--section 8e entry declaration
I certify to the U.S. Department of Agriculture and the Bureau of
Customs that none of the manufacturing grade substandard prunes being
imported and which are identified below will be used other than in
manufacturing in which the prunes lose their form and identity as
prunes.
1. Name of vessel:______________________________________________________
2. Country of origin of prunes:_________________________________________
3. Date of arrival:_____________________________________________________
4. City of arrival:_____________________________________________________
5. Unloading pier:______________________________________________________
6. Substandard Prunes Entered:__________________________________________
------------------------------------------------------------------------
Number of Total net weight
Lot or chop mark containers (lbs.)
------------------------------------------------------------------------
------------------------------------------------------------------------
I agree to obtain from each person to whom any of the manufacturing
grade substandard prunes listed under item 6 are delivered, an executed
Prune Form No. 2 (Prunes--Section 8e Certification of Processor or
Reseller) and to file the same with the Fruit and Vegetable Division,
Consumer and Marketing Service, U.S. Department of Agriculture,
Washington, DC 20250, not later than the 5th day of the month following
the month in which the prunes were delivered.
Dated:__________________________________________________________________
Name of firm:___________________________________________________________
Address:________________________________________________________________
Signature:______________________________________________________________
Title:__________________________________________________________________
(3) Prune Form No. 2. The following is prescribed as Prune Form No.
2:
Prune Form No. 2
prunes--section 8e certification of processor or reseller
I hereby certify to the U.S. Department of Agriculture that I have
acquired the manufacturing grade substandard prunes covered by this
certification; that I will use or sell them for use only in
manufacturing in which the prunes lose their form and identity as prunes
as permitted by the Regulation Governing the Importation of Prunes (7
CFR 999.200); and that I am: (check one or both if applicable)
---- processor (user of prunes for manufacturing).
---- reseller (dealer in prunes for manufacturing).
1. Date of purchase:____________________________________________________
2. Place of purchase:___________________________________________________
3. Name and address of importer or seller:______________________________
4. Prunes acquired:_____________________________________________________
------------------------------------------------------------------------
Number of containers Total net weight (lbs.)
------------------------------------------------------------------------
.......................
.......................
.......................
.......................
.......................
.......................
------------------------------------------------------------------------
Dated:__________________________________________________________________
Name of firm:___________________________________________________________
Address:________________________________________________________________
Signature:______________________________________________________________
Title:__________________________________________________________________
(4) Manufacturing Grade Substandard Prune--sale by other than
importer. Each wholesaler or other reseller of manufacturing grade
substandard prunes should, for his protection, obtain from each
purchaser and hold in his files an executed Prune Form No. 2 covering
each sale during the calendar year.
(f) Reconditioning. Nothing contained in this section shall preclude
the reconditioning of failing lots of prunes, prior to importation, so
that such prunes may be made eligible to meet the requirements
prescribed pursuant to paragraphs (b)(1) through (5), as applicable, of
this section.
(g) Books and records. Each person subject to this section shall
maintain true and complete records of his transactions with respect to
imported prunes. Such records and copies of executed forms shall be
retained for not less than 2 years subsequent to the calendar year of
acquisition. The Secretary, through his duly authorized representatives,
shall have access to
[[Page 737]]
any such person's premises during regular business hours and shall be
permitted at any such times to inspect such records and any prunes held
by such person.
(h) Other restrictions. The provisions of this section do not
supersede any restrictions or prohibitions on the importation of prunes
under the Plant Quarantine Act of 1912, the Federal Food, Drug and
Cosmetic Act, or any other applicable laws or regulations or the need to
comply with applicable food and sanitary regulations of city, county,
State, or Federal agencies.
(i) Compliance. Any person who violates any provision of this
section shall be subject to a forfeiture in the amount prescribed in
section 8a(5) of the Agricultural Marketing Agreement Act of 1937, as
amended (sections 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674), or,
upon conviction, a penalty in the amount prescribed in section 8c(14) of
said act, or to both such forfeiture and penalty. False representations
to an agency of the United States on any matter within its jurisdiction,
knowing it to be false, is a violation of 18 U.S.C. 1001 which provides
for a fine or imprisonment or both.
Exhibit A
grade requirements
A. Defects. Defects are: (1) Off-color; (2) inferior meat condition;
(3) end cracks; (4) fermentation; (5) skin or flesh damage; (6) scab;
(7) burned; (8) mold; (9) imbedded dirt; (10) insect infestation; (11)
decay.
B. Explanation of terms. (1) Off-color means a dull color or skin
differing noticeably in appearance from that which is characteristic of
mature, properly handled fruit of a given variety or type.
(2) Inferior meat condition means flesh which is fibrous, woody, or
otherwise inferior due to immaturity to the extent that the
characteristic texture of the meat is substantially affected.
(3) End cracks means callous growth cracks, at the blossom end of
prunes, aggregating more than three-eighths of one inch (\3/
8\) but not more than one-half of one inch (\1/2\)
in length.
(4) Fermentation means damage to the flesh by fermentation to the
extent that the characteristic appearance or flavor is substantially
affected.
(5) Skin or flesh damage means growth cracks, splits, breaks in skin
or flesh of the following descriptions:
(a) Callous growth cracks, except end cracks as defined in this
section, aggregating more than three-eighths of one inch (\3/
8\) in length;
(b) Splits or skin breaks exposing flesh and materially affecting
the normal appearance of the prunes;
(c) Any cracks, splits, or breaks open to the pit;
(d) Healed or unhealed surface or flesh blemishes caused by insect
injury and which materially affect appearance, edibility or keeping
quality.
(6) Scab means tough or thick scab exceeding in the aggregate the
area of a circle three-eighths of one inch (\3/8\) in
diameter or by unsightly scab of another character exceeding in the
aggregate the area of a circle three-fourths of one inch (\3/
4\) in diameter.
(7) Burned means injury by sunburn or excessive heat in dehydration
to the extent that the characteristic appearance, flavor or edibility of
the fruit is noticeably affected.
(8) Mold means a characteristic fungus growth and is self-
explanatory.
(9) Imbedded dirt means the presence of dirt or other extraneous
material so imbedded in, or adhering to, the prune that it cannot
readily be removed in washing the fruit.
(10) Insect infestation means the presence of insects, insect
fragments or insect remains.
C. Maximum tolerances. Tolerance allowances shall be on a weight
basis and shall not exceed the following:
(1) There shall be no tolerance allowance for live insect
infestation.
(2) The tolerance allowances for decay shall not exceed one percent
(1%).
(3) The combined tolerance allowance for mold, brown rot, imbedded
dirt, insect infestation, and decay shall not exceed five percent (5%),
and, within such tolerance, brown rot shall not exceed three percent
(3%).
(4) The combined tolerance allowance for fermentation, skin or flesh
damage, scab, burned, mold, imbedded dirt, insect infestation, and decay
shall not exceed eight percent (8%).
[[Page 738]]
(5) The combined tolerance allowance for end cracks, fermentation,
skin or flesh damage, scab, burned, mold, imbedded dirt, insect
infestation, and decay shall not exceed ten percent (10%), except that
the first eight percent (8%) of end cracks shall be given one-half value
and any additional percentage of end cracks shall be given full value.
(6) The combined tolerance allowance for off-color, inferior meat
condition, end cracks, fermentation, skin or flesh damage, scab, burned,
mold, imbedded dirt, insect infestation, and decay shall not exceed
fifteen percent (15%), except that the first eight percent (8%) of end
cracks shall be given one-half value and any additional percentage of
end cracks shall be given full value.
[36 FR 18782, Sept. 22, 1971, as amended at 47 FR 47230, Oct. 25, 1982;
57 FR 56245, Nov. 27, 1992; 59 FR 38113, July 27, 1994; 60 FR 57910,
Nov. 24, 1995]
Effective Date Note: At 70 FR 30613, May 27, 2005, Sec. 999.200 was
suspended indefinitely.