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Code of Federal Regulations Title 7. Agriculture § 7.51.628 Tolerances

Current as of January 02, 2025 | Updated by Findlaw Staff

In order to allow for variations incident to proper grading and handling in each of the foregoing grades, the following tolerances, by count, based on a minimum 25 count sample, are provided as specified. No tolerance shall apply to wormy fruit.

(a) Defects—

(1) U.S. Fancy, U.S. No. 1, U.S. No. 1 Bright, U.S. No. 1 Bronze, U.S. No. 2, and U.S. No. 2 Russet—

(i) For defects at shipping point.  1 Not more than 10 percent of the fruit in any lot may fail to meet the requirements of the specified grade:  Provided, That included in this amount not more than 5 percent shall be allowed for defects causing very serious damage, including in this latter amount not more than 1 percent for decay.

1 Shipping point, as used in these standards, means the point of origin of the shipment in the producing area or at port of loading for ship stores or overseas shipment, or, in the case of shipments from outside the continental United States, the port of entry into the United States.

(ii) For defects en route or at destination. Not more than 12 percent of the fruit in any lot may fail to meet the requirements of the specified grade:  Provided, That included in this amount not more than the following percentages shall be allowed for defects listed:

(A) 10 percent for fruit having permanent defects;  or

(B) 7 percent for defects causing very serious damage, including therein not more than 5 percent for very serious damage by permanent defects and not more than 3 percent for decay.

(2) U.S. Combination—

(i) For defects at shipping point.  1 Not more than 10 percent of the fruit in any lot may fail to meet the requirements of the U.S. No. 2 grade:  Provided, That included in this amount not more than 5 percent shall be allowed for defects causing very serious damage, included in this latter amount not more than 1 percent for decay.

1 Shipping point, as used in these standards, means the point of origin of the shipment in the producing area or at port of loading for ship stores or overseas shipment, or, in the case of shipments from outside the continental United States, the port of entry into the United States.

(ii) For defects en route or at destination. Not more than 12 percent of the fruit in any lot may fail to meet the requirements of the U.S. No. 2 grade:  Provided, That included in this amount not more than the following percentages shall be allowed for defects listed:

(A) 10 percent for fruit having permanent defects;  or

(B) 7 percent for defects causing very serious damage, including therein not more than 5 percent for very serious damage by permanent defects and not more than 3 percent for decay.

(iii) For defects at shipping point   1 and en route or at destination. No part of any tolerance shall be allowed to reduce, for the lot as a whole, the 55 percent of U.S. No. 1 fruit required in the U.S. Combination grade, but individual samples may have not more than 15 percent less than the required percentage for the grade:  Provided, That the entire lot averages within the percentage required.

1 Shipping point, as used in these standards, means the point of origin of the shipment in the producing area or at port of loading for ship stores or overseas shipment, or, in the case of shipments from outside the continental United States, the port of entry into the United States.

(3) U.S. No. 3—

(i) For defects at shipping point.  1 Not more than 10 percent of the fruit in any lot may fail to meet the requirements of the grade:  Provided, That included in this amount not more than 1 percent for decay.

1 Shipping point, as used in these standards, means the point of origin of the shipment in the producing area or at port of loading for ship stores or overseas shipment, or, in the case of shipments from outside the continental United States, the port of entry into the United States.

(ii) For defects en route or at destination. Not more than 12 percent of the fruit in any lot may fail to meet the requirements of the grade:  Provided, That included in this amount not more than the following percentages shall be allowed for defects listed:

(A) 10 percent for fruit having permanent defects;  or

(B) 3 percent for decay.

(b) Discoloration—

(1) U.S. No. 1, U.S. No. 1 Bright, U.S. Combination, and U.S. No. 2. Not more than 10 percent of the fruit in any lot may fail to meet the requirements relating to discoloration as specified in each grade;  No sample may have more than 20 percent of the fruit with excessive discoloration:  Provided, That the entire lot averages within the percentage specified.

(2) U.S. No. 1 Bronze. At least 10 percent of the fruit shall have more than one-half of the surface, in the aggregate, affected by discoloration, and no part of any tolerance shall be allowed to reduce this percentage:  Provided, That the entire lot averages within the percentage specified. No tolerance is provided for fruit showing no discoloration.

(3) U.S. No. 2 Russet. At least 10 percent of the fruit shall have more than two-thirds of the surface, in the aggregate, affected by discoloration, and no part of any tolerance shall be allowed to reduce this percentage:  Provided, That the entire lot averages within the percentage specified.

1  Includes matters within the responsibility of the Federal Grain Inspection Service.
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Cite this article: FindLaw.com - Code of Federal Regulations Title 7. Agriculture § 7.51.628 Tolerances - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-7-agriculture/cfr-sect-7-51-628/

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