§ 51.2889 Damage. "Damage" means any defect which materially affects the appearance, or the edible or shipping quality of the individual plant, or the general appearance of the spinach in the container. Any one of the following defects, or any combination of defects the seriousness of which exceeds the maximum allowed for any one defect, shall be considered as damage:

(a) Coarse central stalks or seedstems when causing more than 10 percent waste of the individual plant; or when the flower buds are plainly visible;

(b) Discoloration when materially affecting the general appearance of the plant, except that heart leaves which are yellow or partially blanched shall not be considered as damaging the plant; and,

(c) Foreign material when materially affecting the edible quality, or the general appearance of the spinach in the container. Foreign material means weeds, grass, or any loose material other than spinach.

§ 51.2890 Serious damage. "Serious damage" means any defect which seriously affects the appearance, or the edible or shipping quality of the individual plant, or the general appearance of the spinach in the container. Any one of the following defects, or any combination of defects the seriousness of which exceeds the maximum allowed for any one defect, shall be considered as serious damage:

(a) Discoloration when the plants are badly discolored;

(b) Insects when the plant is noticeably infested, or when it is seriously damaged by them;

(c) Mildew, white rust or similar diseases when seriously affecting the edible quality or appearance of the plant; and, (d) Decay.

SUBPART-UNITED STATES STANDARDS FOR APRICOTS

SOURCE: 51.2925 to 51.2932 appear at 21 F. R. 9935, Dec. 13, 1956.

GRADES

§ 51.2925 U. S. No. 1. "U. S. No. 1" shall consist of apricots of one variety which are mature but not soft, overripe, or shriveled and which are well formed, free from decay, cuts, skin breaks, worm holes and from damage caused by limb

rubs, russeting, growth cracks, dirt, scab, scale, hail, disease, insects or mechanical or other means.

(a) In order to allow for variations incident to proper grading and handling, not more than 10 percent, by count, of any lot may be below the requirements of this grade but not more than one-half of this tolerance, or 5 percent, shall be allowed for defects causing serious damage and not more than one-fifth of this amount, or 1 percent, shall be allowed for decay.

§ 51.2926 U. S. No. 2. "U. S. No. 2" shall consist of apricots of one variety which are mature but not soft, overripe or shriveled and which are free from decay, worm holes and from serious damage caused by limbrubs, growth cracks, dirt, scale, hail, disease, insects or mechanical or other means.

(a) In order to allow for variations incident to proper grading and handling, not more than 10 percent, by count, of any lot may be below the requirements of this grade, and not more than one-tenth of this amount, or 1 percent, shall be allowed for decay.

UNCLASSIFIED

§ 51.2926a Unclassified. "Unclassified" shall consist of apricots which do not meet the requirements of the foregoing grades.

MARKING AND PACKING REQUIREMENTS § 51.2927 Marking and packing requirements. The minimum size, numerical count, or description of pack of the apricots in any package shall be plainly labeled, stenciled or otherwise marked on the package.

(a) Numerical count. When the numerical count is used the apricots in any container shall not vary more than onefourth inch in diameter.

(b) Minimum size. "Minimum size" refers to the diameter of the smallest apricot in the package. It shall be stated in terms of whole and eighth inches, as 11⁄2 inches min., 1% inches min., etc., in accordance with the facts.

(c) Description of pack. "Description of pack" refers especially to apricots packed in 4-basket crates and shall be designated according to the arrangement of the apricots in the basket as

4-4, 4-5, 5-5, 5–6, or 6–6. These packs shall not be more than three layers deep. The figures given represent the number of rows of apricots each way in the basket. The bottom layer in any basket shall contain one row less than the two upper layers, i. e., that in a 5-5 pack the apricots in the bottom layer must not be smaller than will pack 4-5.

(d) Tolerance. In order to allow for variations incident to proper sizing not more than 10 percent, by count, of the apricots in any package may be below the minimum size specified.

DEFINITIONS

§ 51.2928 Mature. "Mature" means having reached the stage of maturity which will insure a proper completion of the ripening process.

§ 51.2929 Well formed. "Well formed" means having the shape characteristic of the variety.

§ 51.2930 Damage. "Damage" means that the apricot is injured to an extent readily apparent in the process of proper grading and handling. Well healed growth cracks not over three-eighths of an inch in length or smooth shallow limbrubs not more than one-fourth of an inch in diameter or russeting affecting not to exceed one-tenth of the surface of the apricot shall not be regarded as damage.

§ 51.2931 Serious damage. "Serious damage" means any deformity, or injury which causes breaking of the skin, or which seriously affects the appearance, but well healed growth cracks not over one-half inch in length shall not be regarded as serious damage.

§ 51.2932 Diameter. "Diameter" means the greatest diameter, measured through the center of the apricot, at right angles to a line running from the stem to the blossom end.

SUBPART-UNITED STATES STANDARDS FOR WALNUTS (JUGLANS REGIA) IN THE SHELL SOURCE: $ 51.2945 to 51.2967 appear at 23 F. R. 10356, Dec. 25, 1958.

GENERAL

§ 51.2945 Application. The standards contained in this subpart apply only to walnuts commonly known as English or Persian walnuts (Juglans regia). They do not apply to walnuts commonly known as black walnuts (Juglans nigra).

$ 51.2946 Color chart. The walnut color chart1 to which reference is made in §§ 51.2948, 51.2949 and 51.2950 has been prepared by the United States Department of Agriculture as a part of this subpart.

§ 51.2947 Method of inspection. In determining the grade of a lot of walnuts, all of the nuts in the sample first should be graded for size and then examined for external defects. The same nuts then should be cracked and examined for internal defects. The nuts must meet the requirements for both external and internal quality in order to meet a designated grade.

GRADES

§ 51.2948 U. S. No. 1. "U. S. No. 1" consists of walnuts, the shells of which are dry, practically clean, bright, fairly uniform in color, and free from splits, injury by discoloration and free from damage caused by broken shells, perforated shells, adhering hulls or other means. The kernels shall be well dried, free from decay, dark discoloration, rancidity, insects or any insect injury, and free from damage caused by mold, shriveling or other means. (See § 51.2954.)

(a) This grade shall contain at least 50 percent, by count, of walnuts having kernels which are not darker in color than "light" (see color chart), and which are free from defects of U. S. No. 1 grade. Higher percentages of nuts with kernels not darker than "light", which are free from defects of U. S. No. 1 grade, may be specified in accordance with the facts. (See § 51.2954.)

(b) Size shall be specified in connection with the grade. (See § 51.2952.)

§ 51.2949 U. S. No. 2. "U. S. No. 2" consists of walnuts, the shells of which are dry, practically clean, free from splits, and free from damage caused by broken shells, perforated shells, adhering hulls, discoloration or other means. The kernels shall be well dried, free from

1 The walnut color chart has been filled with the original document and is available for inspection in the Division of the Federal Register or in the Fruit and Vegetable Division, United States Department of Agriculture, South Building, Washington 25, D. C. A printed copy of this color chart is attached to each copy of these standards issued by the United States Department of Agriculture.

decay, dark discoloration, rancidity, insects or any insect injury, and free from damage caused by mold, shriveling or other means. (See § 51.2954.)

(a) This grade shall contain at least 30 percent, by count, of walnuts having kernels which are not darker in color than "light" (see color chart), and which are free from defects of U. S. No. 2 grade. Higher percentages of nuts with kernels not darker in color than "light", which are free from defects of U. S. No. 2 grade, may be specified in accordance with the facts. (See § 51.2954.)

(b) Size shall be specified in connection with the grade. (See § 51.2952.)

§ 51.2950 U. S. No. 3. "U. S. No. 3" consists of walnuts, the shells of which are dry, fairly clean, free from splits and free from damage caused by broken shells, and free from serious damage caused by discoloration, perforated shells, adhering hulls or other means. The kernels shall be well dried, free from decay, dark discoloration, rancidity, insects or any insect injury, and free from damage caused by mold, shriveling or other means. (See § 51.2954.)

(a) There shall be no requirements in this grade for the percentage of walnuts having kernels which are "light" in color. However, the percentage of walnuts in any lot having kernels which are not darker than "light" (see color chart), and which are free from defects of U. S. No. 3 grade, may be specified in accordance with the facts. (See § 51.2954.)

(b) Size shall be specified in connection with the grade. (See § 51.2952.)

UNCLASSIFIED

§ 51.2951 Unclassified. “Unclassified" consists of walnuts in the shell which have not been classified in accordance with any of the foregoing grades. The term "unclassified" is not a grade within the meaning of these standards but is provided as a designation to show that no grade has been applied to the lot.

SIZE SPECIFICATIONS

§ 51.2952 Size specifications. Size shall be specified in accordance with the facts in terms of one of the following classifications:

(a) Mammoth size. Mammoth size means walnuts of which not over 12 percent, by count, pass through a round opening 9%4 inches in diameter;

(b) Jumbo size. Jumbo size means walnuts of which not over 12 percent, by count, pass through a round opening 864 inches in diameter;

(c) Large size. Large size means walnuts of which not over 12 percent, by count, pass through a round opening 764 inches in diameter; except that for walnuts of the Eureka variety and type, such limiting dimension as to diameter shall be 76%4 inches;

(d) Medium size. Medium size means walnuts of which at least 88 percent, by count, pass through a round opening 7764 inches in diameter, and of which not over 12 percent, by count, pass through a round opening 73%4 inches in diameter;

(e) Standard size. Standard size means walnuts of which not over 12 percent, by count, pass through a round opening 7364 inches in diameter;

(f) Baby size. Baby size means walnuts of which at least 88 percent, by count, pass through a round opening 7464 inches in diameter, and of which not over 10 percent, by count, pass through a round opening 6%4 inch in diameter; and,

(g) Minimum diameter, or minimum and maximum diameter. In lieu of one of the foregoing classifications, size of walnuts may be specified in terms of minimum diameter or minimum and maximum diameter: Provided, That not more than 12 percent, by count, pass through a round hole of the specified minimum diameter, and at least 88 percent, by count, pass through a round hole of any specified maximum diameter.

VARIETY OR TYPE SPECIFICATIONS

§ 51.2953 Variety or type specifications. The variety or type of any lot of walnuts in the shell may be specified in accordance with the facts as follows:

(a) If the lot is of one named variety, that variety name may be specified, or if the lot is of the Placentia Perfection variety and/or like types, it may be specified as "Budded": Provided, That not over 10 percent, by count, of the walnuts in the lot are of another variety or type than that specified; and,

(b) If the lot is a mixture of two or more distinct varieties or types or consists of seedlings, it may be specified as "Soft Shells" or "Mixed Varieties".

TOLERANCES FOR GRADE DEFECTS

§ 51.2954 Tolerances for grade defects. In order to allow for variations incident to proper grading and handling, the following tolerances shall be permitted for

Grade

U. S. No. 1......

U. S. No. 2....

U. S. No. 3......

APPLICATION OF TOLERANCES

the respective grades as indicated. All percentages shall be determined on the basis of count. Terms in quotation marks refer to color classifications illustrated on the color chart.2

§ 51.2955 Application of tolerances. The tolerances provided in these standards are on a lot basis, and they shall be applied to a composite sample representative of the lot. However, any container or group of containers in which the walnuts are obviously of a quality materially different from that in the majority of containers shall be considered a separate lot, and shall be sampled separately.

DEFINITIONS

§ 51.2956 Practically clean. "Practically clean" means that from the viewpoint of general appearance the walnuts are practically free from adhering dirt or other foreign matter and that individual walnuts are not damaged by such means. A slight chalky deposit on the shell is characteristic of many bleached nuts and shall not be considered as dirt or foreign matter.

§ 51.2957 Bright. "Bright" means a fairly light, attractive appearance. A slight chalky deposit on the shell shall not be considered as affecting bright

ness.

§ 51.2958 Fairly uniform color. "Fairly uniform color" means that the shell color of individual nuts does not contrast materially with the general color of the lot.

§ 51.2959 Splits. "Splits" means walnuts with shell halves separated at the suture but held together by the kernel.

Color of kernels

No tolerance for the required 50 percent or any larger percentage of "light" kernels specified.

No tolerance for the required 30 percent or any larger percentage of "light" kernels specified.

No tolerance for any percentage of "light" kernels specified.

§ 51.2960 Injury by discoloration. "Injury by discoloration" means that the color of affected portions of the shell contrasts materially with the color of the rest of the shell of the individual nut.

§ 51.2961 Damage. "Damage” means any injury or defect which materially affects the appearance, or the edible or shipping quality of the walnut. Any one of the following defects, or any combination of defects the seriousness of which exceeds the maximum allowed for any one defect, shall be considered as damage:

(a) Broken shells when any material portion of the shell is missing or the halves are completely broken apart and separated;

(b) Perforated shells when the area affected aggregates more than onefourth of an inch in diameter. The term "perforated shells" means imperfectly developed areas on the shell resembling abrasions and usually including small holes penetrating the shell wall;

(c) Adhering hulls when affecting more than 5 percent of the shell surface;

The walnut color chart has been filed with the original document and is available for inspection in the Division of the Federal Register or in the Fruit and Vegetable Division, United States Department of Agriculture, South Building, Washington 25, D. C. A printed copy of this color chart is attached to each copy of these standards issued by the United States Department of Agriculture.

(d) Discoloration (or stain) which covers, in the aggregate, one-fifth or more of the surface of the shell of an individual nut, and which is brown, reddish brown, gray, or other color contrasting with the color of the rest of the shell or the majority of shells in the lot; or darker discoloration covering a smaller area if the appearance is equally objectionable;

(e) Mold which is white or gray, inconspicuous and thinly scattered over more than one-fourth of the surface of the entire kernel; or any white or gray mold which is thick and conspicuous; or any yellow, blue, green or other colored mold; and,

(f) Shriveling when more than 5 percent of the surface of the kernel, including both halves, is severely shriveled; or a greater area is affected by lesser degrees of shriveling producing an equally objectionable appearance. Kernels which are thin in cross section but which are otherwise normally developed, shall not be considered as damaged.

§ 51.2962 Well dried. "Well dried" means that the kernel is firm and crisp, not pliable or leathery.

"Dark

§ 51.2963 Dark discoloration. discoloration" means that the color of the skin of the kernel is darker than "amber". (See color chart 2.)

§ 51.2964 Rancidity. "Rancidity" means the stage of deterioration in which the kernel has developed a rancid flavor. Rancidity should not be confused with a slightly astringent flavor of the pellicle (skin) or with staleness, the stage at which the flavor is flat but not distasteful.

§ 51.2965 Fairly clean. "Fairly clean" means that from the viewpoint of general appearance the lot is not seriously damaged by adhering dirt or other foreign matter and that individual walnuts are not coated or caked with dirt or foreign matter. Both the amount of surface affected and the color of the dirt shall be taken into consideration.

§ 51.2966 Serious damage. "Serious damage" means any injury or defect which seriously affects the appearance, or the edible or shipping quality of the walnut. Decay, rancidity and insects or insect injury shall be considered serious damage. Any one of the following de

fects, or any combination of defects the seriousness of which exceeds the maximum allowed for any one defect, shall be considered as serious damage:

(a) Discoloration (or stain) which covers, in the aggregate, one-third or more of the surface of the shell of an individual nut and which is brown, reddish brown, gray, or other color contrasting sharply with the color of the rest of the shell or the majority of shells in the lot; or darker discoloration covering a smaller area if the appearance is equally objectionable;

(b) Perforated shells when the area affected aggregates more than threeeighths of an inch in diameter. The term "perforated shells" means imperfectly developed areas on the shell resembling abrasions and usually including small holes penetrating the shell wall;

(c) Adhering hulls when affecting more than one-eighth of the shell surface in the aggregate;

(d) Mold which is white or gray, thick and conspicuous and covers one eighth or more of the surface of the entire kernel; or yellow, green, blue or other colored mold which covers 5 percent or more of the surface of the entire kernel; and,

(e) Shriveling when both halves of the kernel are affected by severe shriveling over an area totaling more than one-eighth of the surface; or when both halves are affected over a greater area by lesser degrees of shriveling producing an equally objectionable appearance. When one of the halves of the kernel shows no shriveling, the kernel shall not be considered damaged unless the other half shows shriveling to the extent that over 50 percent of its surface is severely shriveled or a greater area is affected by lesser degrees of shriveling producing an equally objectionable appearance. Kernels which are thin in cross section, but which are otherwise normally developed shall not be considered as damaged.

§ 51.2967 Very serious damage by shriveling. "Very serious damage by shriveling" means that more than onehalf of the surface of the entire kernel is severely shriveled or that a greater area is affected by lesser degrees of shriveling producing an equally objectionable appearance.