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Current as of October 02, 2022 | Updated by FindLaw Staff
Dried prunes damaged or affected by the following are scorable as defects:
(a) Off-color. “Off-color” means a skin color different from characteristic black, blue-black, reddish-purple, or other characteristic skin color for the type.
(b) Poor texture. “Poor texture” means porous, woody, or fibrous flesh or immature prunes or prunes possessing flesh interspersed with excessive air pockets in which the texture of the flesh is noticeably different from the flesh of mature prunes which have been properly dried, handled, and processed. “Excessive air pockets” means that the prunes are affected by air pockets to the extent that the appearance and eating quality is seriously affected.
(c) End cracks. “End cracks” means callous apex-end cracks which, singly or in the aggregate on a prune, are more than 3/8 inch in length but not more than 1/2 inch in length.
(d) Skin or flesh damage. “Skin or flesh damage” in the case of “Whole Unpitted” style means:
(1) Callous growth cracks (other than callous apex-end cracks) which, singly or in the aggregate on a prune, exceed 3/8 inch in length; and callous apex-end cracks which, singly or in the aggregate on a prune, exceed 1/2 inch in length.
(2) Splits or skin breaks not having callous edges when the flesh is mashed out beyond the protecting skin so as to affect materially the normal appearance of the prune;
(3) Any cracks, splits, or skin breaks open to the pit;
(4) Any skin damage from multiple short skin breaks giving a very “rough” appearance to the prune such as may result from over-dipping, rain damage, processing, or other causes which in Type I dried prunes affect materially the appearance or edibility of the prune, or which in other types or other mixtures affect markedly the appearance or edibility of the prune.
(e) Fermentation. “Fermentation” means that the prune is fermented as evidenced by a distinct sour taste or odor or by darkening in color characteristic of fermentation or souring.
(f) Scars. “Scars” mean:
(1) Tough or thick scab which, singly or in combination on a prune, exceeds the area of a circle 3/8 inch in diameter such as may result from thrip injury, mildew, leaf chafing, limb rubs, or other means; or
(2) Scab which is not tough or thick and which, singly or in combination on a prune, exceeds the area of a circle 3/4 inch in diameter and which is inconsequential but unsightly though practically blending in color with the skin on the portion of the prune not affected.
(g) Heat damage. “Heat damage” means burning or scorching from the sun or in dehydration so as to damage materially the skin or flesh, or both, of the prune.
(h) Insect injury. “Insect injury” means healed or unhealed surface blemishes and healed or unhealed blemishes extending into the flesh which affect materially the appearance, edibility, or keeping quality of the prune but which do not possess evidence of insect infestation.
(i) Other means. “Other means” includes damage by any injury or defect or group of defects not specifically mentioned in this section which materially affects the appearance, edibility, or keeping quality of the fruit, but “other means” does not include defects of a nature such as defined in paragraph (j), (k), (l), (m), or (n) of this section.
(j) Mold. “Mold” means a characteristic fungus growth as evidenced by a moldy or smutty condition and which, singly or in the aggregate on a prune, is equal to or exceeds the area of a circle 3/16 inch in diameter.
(k) Dirt. “Dirt” means the presence of any quantity of such substance, whether imbedded or adhering to the prune, which gives the prune a dirty, smudgy appearance and which may not be removed readily by washing.
(l) Foreign material. “Foreign material” means leaves, twigs, pieces of wood, and similar extraneous materials which are objectionable.
(m) Insect infestation. “Insect infestation” means the presence of dead insects, insect fragments, or insect remains. (No live insects are permitted).
(n) Decay. “Decay” means a state of decomposition, wholly or in part, of the prune.
Cite this article: FindLaw.com - Code of Federal Regulations Title 7. Agriculture § 7.52.3187 Definitions and explanations of defects - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-7-agriculture/cfr-sect-7-52-3187/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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