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given a score of 14 to 16 points. "Fairly uniform in size” means that at least 75 percent, by weight, of the product consists of whole or practically whole slices of 14 inches in length or longer.

(d) (SStd) classification. Frozen apples that fail to meet the requirements of paragraph (c) of this section may be given a score of 0 to 13 points and shall not be graded above Substandard, regardless of the total score for the product (this is a limiting rule).

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(a) General. The factor of defects refers to the degree of freedom from harmless extraneous matter, from damaged or seriously damaged units, and from carpel tissue.

(1) "Harmless extraneous matter" means any vegetable substance (including, but not being limited to, a leaf, stem, or portions thereof, cores and portions of cores, and seeds), that is harmless.

(2) "Damaged unit" means any unit possessing green peel that exceeds in the aggregate an area of a circle 1⁄2 inch in diameter, or red peel that exceeds in the aggregate an area of a circle 4 inch in diameter, light brown bruise that exceeds the area of a circle 1⁄2 inch in diameter or which is more than 4 inch deep, and any unit in which the appearance or eating quality is materially affected by blossom end material, dark brown bruise, or other internal or external discoloration, or by any other means.

(3) "Seriously damaged unit" means any unit damaged to such an extent that the appearance or eating quality is seriously affected.

(4) "Practically free from carpel tissue" means that for each 16 ounces of the product, the carpel tissue present does not exceed in the aggregate an area equal to 34 square inch.

(5) "Fairly free from carpel tissue" means that for each 16 ounces of the product the carpel tissue present does not exceed an area equal to 11⁄2 square inches.

(b) (A) classification. Frozen apples that are practically free from defects may be given a score of 17 to 20 points. "Practically free from defects" means that extraneous matter may be present that does not materially affect the appearance or eating quality of the product; that the product is practically free from carpel tissue; and that not more than a total of 5 percent, by weight, of

the units may be damaged, of which not more than 1 percent, by weight, of all the units may be seriously damaged: Provided, That extraneous matter, damaged and seriously damaged units, singly or in combination, do not materially affect the appearance or eating quality of the product.

(c) (C) classification. Frozen apples that are fairly free from defects may be given a score of 14 to 16 points. Frozen apples that fall into this classification shall not be graded above U. S. Grade C or U. S. Standard, regardless of the total score for the product (this is a limiting rule). "Fairly free from defects" means that extraneous matter may be present that does not seriously affect the appearance or eating quality of the product; that the product is fairly free from carpel tissue; and that not more than a total of 15 percent, by weight, of the units may be damaged, of which not more than 3 percent, by weight, of all the units may be seriously damaged: Provided, That extraneous matter, damaged and seriously damaged units, singly or in combination, do not seriously affect the appearance or eating quality of the product.

(d) (SStd) classification. Frozen apples that fail to meet the requirements of paragraph (c) of this section may be given a score of 0 to 13 points and shall not be graded above Substandard, regardless of the total score for the product (this is a limiting rule). § 52.369 Character.

(a) General. The factor of character refers to the texture of the units and to the tendency to retain their conformation without material softening or disintegration.

(1) "Mushy apples" means slices or units or portions thereof that are a pulpy mass and of a consistency approximating applesauce.

(b) (A) classification. Frozen apples that possess a good character may be given a score of 34 to 40 points. "Good character" means that the units possess a reasonably uniform texture, are firm but not hard, with not more than 3 percent of the weight of the product consisting of mushy apples.

(c) (C) classification. Frozen apples that possess a fairly good character may be given a score of 28 to 33 points. Frozen apples that fall into this classification shall not be graded above U. S. Grade C or U. S. Standard, regardless

of the total score for the product (this is a limiting rule). "Fairly good character" means that the slices may be variable in texture, with not more than 12 percent of the weight of the product consisting of units that are markedly hard, markedly soft, or mushy.

(d) (SStd) classification. Frozen apples that fail to meet the requirements of paragraph (c) of this section may be given a score of 0 to 27 points and shall not be graded above substandard, regardless of the total score for the product (this is a limiting rule).

LOT INSPECTION AND CERTIFICATION § 52.370

Ascertaining the grade of a lot.

The grade of a lot of the processed product covered by these standards is determined by the procedures set forth in the regulations governing inspection and certification of processed fruits and vegetables, processed products thereof, and certain other processed food products (§§ 52.1 to 52.87).

[22 F. R. 3547, May 22, 1957]

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Frozen asparagus is the product prepared from the clean, sound and succulent fresh shoots of the asparagus plant (Asparagus officianalis) by sorting, trimming, washing, and blanching, which is then frozen and stored at temperatures necessary for the preservation of the product.

(a) "Head" in "Cut Spears" or "Cuts and Tips" means the tip end which has been cut from an asparagus shoot and which is 5% inch or more in length or an upper portion which possesses substantial compact head material which has been cut from near the tip end and which is approximately the same length as the predominating length of the units in the container: Provided, That when asparagus is cut into units less than 5% inch in length, tip ends which are 3⁄4 inch or more in length will be considered as a "head."

(b) "Unit" means any individual portion of an asparagus shoot % inch or more in length used in frozen asparagus. § 52.382 Styles of frozen asparagus.

(a) "Spears" (or "Stalks") is the style of frozen asparagus that consists of the head and adjoining portion of the shoot that is 3 inches or more in length.

(b) "Tips" is the style of frozen asparagus that consists of the head and adjoining portion of the shoot that is less than 3 inches in length.

(c) "Cut Spears" or "Cuts and Tips" is the style of frozen asparagus that consists of the head and portions of the shoot cut transversely into units 2 inches or less but not less than 1⁄2 inch in length. This style shall contain not less than 18 percent,' by count, of heads if cut into units 14 inches or less in length but not less than 1⁄2 inch in length and shall contain not less than 25 percent1 by count, of heads if cut into units longer than 144 inches.1

1 The percent, by count, of heads is determined by averaging the percent, by count, of heads in all of the containers comprising the sample: Provided, That when cut into units 14 inches or less in length no individual container may contain less than 12 percent, by count, of heads, and when cut into units longer than 14 inches no container may contain less than 15 percent, by count, of heads.

(d) "Center Cuts" or "Cuts" is the style of frozen asparagus that consists of portions of shoots that are cut transversely into units 2 inches or less but not less than 1⁄2 inch in length, or that does not meet the foregoing definition for "Cut Spears" or "Cuts and Tips."

§ 52.383 Grades of frozen asparagus.

(a) "U.S. Grade A" or "U.S. Fancy" is the quality of frozen asparagus that possesses similar varietal characteristics; that possesses a good flavor and odor; that is pratically free from defects; that possesses a good character; and that is of such quality with respect to color and uniformity of length as to score not less than 85 points when scored in accordance with the scoring system outlined in this subpart.

(b) "U. S. Grade B" or “U. S. Extra Standard" is the quality of frozen asparagus that possesses similar varietal characteristics; that possesses a reasonably good flavor and odor; that possesses a reasonably good color; that is reasonably free from defects; that possesses a reasonably good character; and that is of such quality with respect to uniformity of length as to score not less than 70 points when scored in accordance with the scoring system outlined in this subpart.

(c) "Substandard" is the quality of frozen asparagus that fails to meet the requirements of U. S. Grade B or U. S. Extra Standard.

§ 52.384 Types of frozen asparagus.

The type of frozen asparagus is not incorporated in the grades of the finished product, since the type of frozen asparagus is not a factor of quality for the purpose of these grades. The type of asparagus packed in the container may be designated as "green" or "all-green," or "green-white," asparagus when it meets the following requirements:

(a) "Green" or "all-green" consists of units of frozen asparagus which are typical green, light green, or purplish green in color.

(b) "Green-white" consists of frozen asparagus Spears and Tips, of which at least 3 of the length is typical green, light green, or purplish green in color, or that fails to meet the requirements of "green" or "all-green” asparagus spears and tips.

§ 52.385

SIZES

Size of frozen asparagus.

The size of frozen asparagus Spears and Tips is determined by measuring the longest dimension at right angles to the longitudinal axis of the unit after it has been restored to its original contour, at a point 5 inches from the top, except that units less than 5 inches in length are measured at the base. Spears and Tips will be considered as meeting a specific single size if:

(a) Eighty (80) percent or more of the units are of the single size;

(b) All other units are one size larger and/or one size smaller;

(c) In "Medium" size, not more than 10 percent of all the units are "Small" and;

(d) In "Large" size, not more than 10 percent of all the units are "Medium" size.

The word and number designations of the various sizes of frozen asparagus are shown in Table I.

TABLE I-SIZES OF FROZEN ASPARAGUS SPEARS AND TIPS

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[33 F.R. 2884, Feb. 13, 1968]

FACTORS OF QUALITY

§ 52.386 Ascertaining the grade.

(a) The grade of frozen asparagus may be ascertained by considering, in conjunction with the other requirements of the respective grade, the respective rating for the factors of color, uniformity of length, absence of defects, and character.

(b) The relative importance of each factor which is scored is expressed numerically on the scale of 100. The maximum number of points that may be given such factors is:

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(c) The scores for the factors of color, uniformity of length, absence of defects, and character are determined immediately after thawing under water to the extent that the product is substantially free from ice crystals and can be handled as individual units, and is cooked to determine tough fibers and the degree of shriveling as required under the factor of "character." The cooking time (from the time the water reboils after the asparagus is added) is nine minutes for sizes No. 1 and No. 2 and twelve minutes for sizes No. 3 and No. 4 and for mixed sizes.

(d) "Good flavor and odor" means that the product, after cooking, has a good, characteristic normal flavor and odor, and is free from objectionable flavors or objectionable odors of any kind.

(e) "Reasonably good flavor and odor" means that the product, after cooking, may be lacking in good characteristic normal flavor and odor but is free from objectionable flavors and objectionable odors of any kind.

§ 52.387 Ascertaining the rating of the factors which are scored.

The essential variations within each factor which is scored are so described that the value may be ascertained for such factors and expressed numerically. The numerical range within each factor which is scored is inclusive (for example, "17 to 20 points" means 17, 18, 19, or 20 points).

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(a) General. The color of asparagus is based on the type and style of asparagus and the characteristic and predominant color of the exterior surface of the units. Units which are substantially green, light green, or purplish green that possess insignificant areas or tinges of typical white or yellowish white color shall be considered as typical green, light green, or purplish green in color, irrespective of type or style.

(b) (A) classification. Frozen asparagus that possesses a good color may be given a score of 17 to 20 points. "Good color" has the following meanings with respect to the following types and styles of frozen asparagus:

(1) Green or all-green spears or tips. The units possess a good characteristic green, light green, or purplish green color, typical of well developed and tender asparagus and not more than 8 per

cent, by count, of the units may possess typical white or yellowish white color not in excess of 3 of the length of the unit.

(2) Green or all-green cut spears or cuts and tips and center cuts or cuts. The units possess a good characteristic green, light green, or purplish green color, typical of at least reasonably well developed and tender asparagus and not more than 6 percent, by count, of the units may be typical white or yellowish white or partially of such color.

(3) Green-white spears or tips. The units possess a good characteristic green, light green, or purplish green color typical of well developed and tender asparagus and may possess typical white or yellowish white color: Provided, That not more than 5 percent, by count, of the units, or one unit, whichever is larger, may possess such color in excess of 3 of the length of the unit.

(c) (B) classification. If the frozen asparagus possesses a reasonably good color a score of 14 to 16 points may be given. "Reasonably good color" has the following meanings with respect to the following types and styles of frozen asparagus:

(1) Green or all-green spears or tips. The units possess a reasonably good characteristic green, light green, or purplish green color typical of reasonably well developed and tender asparagus and not more than 16 percent, by count, of the units may possess typical white or yellowish white color not in excess of 3 of the length of the unit.

(2) Green or all-green cut spears or cuts and tips and center cuts or cuts. The units possess a reasonably good characteristic green, light green, or purplish green color, typical of reasonably well developed and tender asparagus and not more than 12 percent, by count, of the units may be typical white or yellowish white or partially of such color.

(3) Green-white spears or tips. The units possess a reasonably good characteristic green, light green, or purplish green color, typical of reasonably well developed and tender asparagus, and may possess typical white or yellowish white color: Provided, That not more than 10 percent, by count, of the units may possess such color in excess of 3 of the length of the unit.

(d) (SStd) classification. Frozen asparagus that fails to meet the requirements of paragraph (c) of this section may be given a score of 0 to 13 points

and shall not be graded above Substandard regardless of the total score for the product (this is a limiting rule).

§ 52.389 Uniformity of length.

(a) (A) classification. Frozen asparagus that is practically uniform in length may be given a score of 9 or 10 points. "Practically uniform in length" has the following meanings with respect to the following styles:

(1) Spears (or stalks) and tips. In 90 percent or more, by count, of the units with the most uniform length, the length of the longest unit does not exceed the length of the shortest unit by more than 1/4 of the length of the shortest unit.

(2) Cut spears or cuts and tips and center cuts or cuts. Not more than 2 percent, by count, of the units are longer than 2 inches and at least 80 percent, by count, shall not vary more than 1⁄2 inch from the predominant length of the units.

(b) (B) classification. If the frozen asparagus is reasonably uniform in length a score of 7 or 8 points may be given. "Reasonably uniform in length" has the following meanings with respect to the following styles:

(1) Spears (or stalks) and tips. In 80 percent or more, by count, of the units with the most uniform length, the length of the longest unit does not exceed the length of the shortest unit by more than 1/4 of the length of the shortest unit.

(2) Cut spears or cuts and tips and center cuts or cuts. Not more than 5 percent, by count, of the units are longer than 2 inches in length and at least 65 percent, by count, shall not vary more than 1⁄2 inch from the predominant length of the units.

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(1) "Grit or silt" means sand or any other particle of earthy material.

(2) "Loose material" means any loose or shattered asparagus material, cut or broken pieces, less than 3% inch in length.

(3) "Shattered head" means any unit with the asparagus head broken or shattered to the extent that the appearance is seriously affected.

(4) "Misshapen" means any spear (or stalk) or tip that is badly crooked, or any unit that is seriously affected in appearance by doubles or other malformations.

(5) "Poorly cut" means a unit that has a very ragged, stringy, or frayed edge or edges or a unit that is partially cut, or is cut at an angle of less than approximately 45 degrees.

(6) "Damaged" means damaged by discoloration, mechanical injury, pathological injury, insect injury, or damaged by other means which have not been specifically mentioned to such an extent that the aggregate damaged area materially affects the appearance or edibility of the unit.

(7) "Seriously damaged" means damaged to such an extent that the appearance or edibility of the unit is seriously affected.

(b) (A) classification. Frozen asparagus that is practically free from defects may be given a score of 26 to 30 points. "Practically free from defects" has the following meanings with respect to the following styles of frozen asparagus:

(1) Spears (or stalks) and tips. No grit or silt may be present that affects the appearance or edibility of the product; loose material may be present that does not materially affect the appearance of the product and there may be present not more than 15 percent, by count, of shattered heads, misshapen units, poorly cut units, and damaged and seriously damaged units: Provided, That of such 15 percent not more than 5 thereof or not more than 3 percent, by count, of all the units may be seriously damaged: And further provided, That one unit with shattered head, misshapen unit, poorly cut unit, and damaged and seriously damaged unit is permitted in a container if such unit exceeds the respective allowances of 15 percent, by count, or 3 percent, by count, of all the units.

(2) Cut spears or cuts and tips and center cuts or cuts. No grit or silt may be present that affects the appearance

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