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PACKED BY

U. S. GRADE

A

U.S.GRADE

NO.I

Shields with plain background.

FIGURE 2.

(b) The approved continuous inspection marks may be used on containers, labels or otherwise indicated on the package when: (1) The product has been packed under continuous inspection provided by the Department or by a cooperative Federal-State inspection service, (2) the plant in which the product is packed is maintained under good commercial sanitary practices; and (3) the product meets the requirements of one or more of the official U. S. Grades or such quality specifications as may be approved by the Administrator and such grades or specifications are used on the containers, labels or otherwise indicated on the package. The continuous marks approved for use shall be similar in form and design to the examples in Figures 3 through 5 of this section.

PACKED UNDER

CONTINUOUS
INSPECTION

OF THE

U.S. DEPT OF AGRICULTURE

UNDER CONTINUOUS

FEDERAL-STATE

INSPECTION

FIGURE 5.

Statements without the use of the shield.

(c) The grade marks set forth in paragraph (a) of this section and the inspection marks set forth in paragraph (b) of this section may be combined into a consolidated grade and inspection mark for use on products which meet the requirements of both of these paragraphs.

(d) Products may be inspected on a lot inspection basis as provided in this part and identified by an official inspector by stamping the packages with a device having an official inspection mark similar in form and design to Figure 6 of this section. The use of this mark or other comparable identification marks may be required by the Administrator whenever he determines that such identification is necessary in order to maintain the identity of lots which have been inspected and certified.

US DEPT OF AGRICULTURE INSPECTED

AUG 27 1956

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who shall keep the devices in their official possession or control at all times and keep complete records of such devices.

[22 F. R. 4063, June 11, 1957]

§ 51.59 Continuous inspections. Continuous inspection service which is associated with the use of the approved shield showing the U. S. grade, the approved continuous inspection mark, or both, on the container may be furnished whenever inspectors are available, the facilities and conditions are satisfactory for the conduct of the service, and there is a signed contract between the applicant and the Department or a cooperative Federal-State inspection agency in which it is agreed that such service will be conducted subject to regulations governing the inspection and certification of fresh fruits, vegetables, and other products, contained in this part and any additional and supplemental instructions issued by the Department or such instructions issued by a cooperating agency which are not inconsistent with those issued by the Department.

[22 F. R. 4063, June 11, 1957]

§ 51.60 Survey. Prior to the inauguration of continuous Federal or FederalState inspection service on a contract basis, the Administrator will make or cause to be made a survey and inspection where such service is to be performed to determine whether the premises, plant and facilities are suitable and adequate for the performance of such service in accordance with the regulations in this part, including, but not limited to requirements contained in §§ 51.58 through 51.65.

[22 F. R. 4063, June 11, 1957]

§ 51.61 Premises. The premises shall be free from conditions objectionable to packing operations, including, but not limited to litter, waste and refuse within the immediate vicinity of the plant buildings, excessively dusty roads, yards or parking lots, and poorly drained areas. [22 F. R. 4063, June 11, 1957]

§ 51.62 Buildings and structures. The packing plant buildings shall be properly constructed and maintained in a sanitary condition, including, but not limited to the following requirements:

(a) There shall be sufficient light consistent with the use to which the particular portion of the building is devoted and to permit efficient cleaning. The grading

belts and bins shall be provided with sufficient proper non-glaring light to insure adequacy of grading and inspection operations;

(b) If the product is washed there shall be ample supply of water of a safe and sanitary quality with adequate facilities for its distribution throughout the plant and washing machinery;

(c) There shall also be an efficient waste disposal and plumbing system maintained in good repair;

(d) Each room in which the product is graded or stored shall be designed and constructed as to insure operating conditions of a clean and orderly character and shall be maintained in a clean and sanitary manner.

(e) Every practical precaution shall be taken to exclude dogs, cats, rodents or other vermin from the rooms in which the products are to be graded or stored. [22 F. R. 4063, June 11, 1957]

§ 51.63 Facilities. Each packing plant shall be equipped with adequate sanitary facilities and accommodations, including but not being limited to the following:

(a) There shall be a sufficient number of adequately lighted toilet rooms, ample in size and conveniently located. Toilet rooms shall be adequately screened and equipped with self-closing doors, and shall have independent outside ventilation.

(b) Adequate lavatory accommodations and supplies shall be placed at such locations in or near toilet rooms as to insure the cleanliness of each person who grades or handles the product to be inspected.

(c) Suitable facilities for cleaning shall be provided at convenient locations in the plant.

[22 F. R. 4063, June 11, 1957]

§ 51.64 Equipment. All equipment used for receiving, washing, grading, packaging or storing shall be of such design, material and construction that it may be kept clean.

[22 F. R. 4063, June 11, 1957]

§ 51.65 Operations and operating procedures. (a) The inspector shall refuse to permit the use of the official shield or continuous inspection mark on packages if the product is from a field or orchard having a disease or other condition which may not be apparent on individual specimens at packing time but which may

cause the product to materially decrease in quality after packing.

(b) All products which are certified shall be subjected to continuous inspection throughout the packing operations and shall also be inspected when loaded for shipment.

(c) The inspectors are available for consultation purposes but shall not become involved in plant operations.

(d) The inspection service will not be responsible for damages occurring through any act of commission or omission on the part of its inspectors when engaged in rendering continuous inspection service; for packing errors or misbranding of products; or for failure to supply enough inspectors during any period of service provided under the contract.

(e) The applicant for continuous inspection shall:

(1) Conform to all applicable regulations under which the continuous inspection service is conducted.

(2) Use only raw material which has been handled or stored under conditions which insures its suitability for packing; maintain the plant designated herein in such sanitary condition and to employ such methods of handling raw materials for packing as may be necessary to conform to the sanitary requirements prescribed in this part.

(3) Not permit any of his marks or labels or buyers' and distributors' marks or labels applied by him on which reference is made to continuous inspection to be used on any product not packed under this continuous inspection service; or permit any of his marks or labels or buyers' and distributors' marks or labels applied by him on which reference is made to any U. S. Grade to be used on any product which does not meet the requirements of such grade; or to supply labels bearing reference to continuous inspection service to another plant unless the products to which such labels are to be applied have been packed under continuous inspection.

(4) Furnish any reports of packaging and output of products inspected, as may be requested by the inspection agencies.

(5) Make available to inspectors adequate office space in the designated plant and furnish suitable desks and office equipment for the proper care of inspection records.

(6) Make his laboratory facilities and necessary equipment available for the use of inspectors in making inspection of samples.

(7) Furnish such stenographic and clerical assistance as may be necessary in the typing of certificates and reports and the handling of official correspondence, as well as the labor incident to drawing of samples and facilitating adequate inspection procedure when necessary.

(8) Submit to the Agricultural Marketing Service, through the inspector assigned to the plant or other representative of the Inspection Service for approval prior to use copies or proof of each packer's or distributor's label bearing or referring in any manner to official identification of the designated packaged products hereunder.

(9) Not make deceptive, fraudulent, or unauthorized use in his advertising, or otherwise, of the continuous inspection service, the inspection certificates or reports issued, or the containers on which the shield of the Department is embossed or otherwise identified, in connection with the sale of any of packaged products; and to submit to the Agricultural Marketing Service through the inspector assigned to the plant or other representative of the Inspection Service, for approval to use any proposed advertising in which reference is made to the Inspection Service. [22 F. R. 4063, June 11, 1957]

§ 51.66 Termination of contract. In case the applicant wishes to terminate the contract he agrees either to continue the service until all unused containers, labels and advertising material on hand or in possession of his supplier bearing the Department shield, or reference to continuous inspection service have been used, or to destroy said containers, labels and advertising material, or to obliterate the Department shield and all other reference to the continuous inspection service on said container, labels and advertising material or otherwise furnish assurance satisfactory to the Agricultural Marketing Service that such containers, labels and advertising material will not be used in violation of the terms and conditions of this agreement. In case the continuous inspection service is terminated for cause by the Agricultural Marketing Service, the applicant agrees to destroy all unused

containers, labels and advertising material on hand bearing the Department shield, or reference to continuous inspection service, or to obliterate the Department shield, and all reference to the continuous inspection service on said containers, labels, and advertising material or otherwise furnish assurance satisfactory to the Agricultural Marketing Service that such containers, labels and advertising material will not be used in violation of the terms and conditions of the agreement.

[22 F. R. 4064, June 11, 1957]

§ 51.67 Congressional interest in contracts. No member of, or delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of any contract provided for in the regulations in this subpart or to any benefit that may arise therefrom, but this provision shall not be construed to extend to such contract if made with a corporation for its general benefit, and shall not extend to any benefits that may accrue from the contract to a member of, or Delegate to Congress, or a Resident Commissioner in his capacity as a farmer.

[22 F. R. 4064, June 11, 1957]

SUBPART-UNITED STATES STANDARDS FOR APPLES

SOURCE: §§ 51.300 to 51.327 appear at 23 F. R. 7282, Sept. 19, 1958; 23 F. R. 7567, Sept. 30, 1958.

GRADES

§ 51.300 U. S. Extra Fancy. "U. S. Extra Fancy" consists of apples of one variety which are mature, but not overripe, carefully hand-picked, clean, well formed; free from decay, internal browning, internal breakdown, scald, scab, bitter pit, Jonathan spot, freezing injury, broken skins and bruises (except those that are slight and incident to proper handling and packing), and visible water core. The apples shall also be free from injury caused by russeting, sunburn or spray burn, limb rubs, hail, drought spots, scars, stem or calyx cracks, other disease, insects, or mechanical or other means. Each apple of this grade shall have the amount of color specified in § 51.308 for the variety. (See §§ 51.308, 51.310, and 51.313.)

§ 51.301 U. S. Fancy. "U. S. Fancy" consists of apples of one variety which are mature but not overripe, carefully hand-picked, clean, fairly well formed; free from decay, internal browning, in

ternal breakdown, bitter pit, Jonathan spot, scald, freezing injury, broken skins and bruises (except those incident to proper handling and packing), and visible water core. The apples shall also be free from damage caused by russeting, sunburn or spray burn, limb rubs, hail, drought spots, scars, stem or calyx cracks, other diseases, insects, or mechanical or other means. Each apple of this grade shall have the amount of color specified in § 51.308 for the variety. (See §§ 51.308, 51.310, and 51.313.)

§ 51.302 U. S. No. 1. The requirements for this grade are the same as U. S. Fancy except for color and russeting. In this grade less color is required for all varieties except yellow and green varieties, for which the requirements for both grades are the same. Apples of this grade shall be free from excessive damage caused by russeting which means that they shall meet the russeting requirements for U. S. Fancy as defined under the definitions of "damage by russeting" except for the following:

(a) The aggregate area of an apple which may be covered by smooth netlike russeting shall not exceed 25 percent; and,

(b) The aggregate area of an apple which may be covered by smooth solid russeting shall not exceed 10 percent: Provided, That in the case of the Yellow Newtown or similar varieties the aggregate area of an apple which may be covered with smooth solid russeting shall not exceed 20 percent. (See §§ 51.308, 51.310, and 51.313.)

§ 51.303 U. S. No. 1 Cookers. "U. S. No. 1 Cookers" consist of apples of one variety which meet the requirements of U. S. No. 1 grade except as to color. This grade is provided for apples which are mature but which may not have sufficient color to meet the specifications of U. S. No. 1. (See §§ 51.310 and 51.313.)

§ 51.304 U. S. No. 1 Early. "U. S. No. 1 Early" consists of apples of one variety which meet the requirements of U. S. No. 1 grade except as to color, maturity and size. Apples of this grade have no color requirements, need not be mature, and shall be not less than 2 inches in diameter. This grade is provided for varieties such as Duchess, Gravenstein, Red June, Twenty Ounce, Wealthy, Williams, Yellow Transparent, and Lodi,

or other varieties which are normally marketed during the summer months. (See §§ 51.310 and 51.313.)

§ 51.305 U. S. Utility. “U. S. Utility" consists of apples of one variety which are mature but not overripe, carefully hand-picked, not seriously deformed; free from decay, internal browning, internal breakdown, scald and freezing injury. The apples shall also be free from serious damage caused by dirt or other foreign matter, broken skins, bruises, russeting, sunburn, spray burn, limb rubs, hail, drought spots, scars, stem or calyx cracks, visible water core, other diseases, insects, or mechanical or other means. (See §§ 51.310 and 51.313.)

§ 51.306 Combination grades. (a) Combinations of the above grades can be used as follows:

(1) Combination U. S. Extra Fancy and U. S. Fancy.

(2) Combination U. S. Fancy and U. S. No. 1.

(3) Combination U. S. No. 1 and U. S. Utility.

(b) Combinations other than these are not permitted in connection with the United States apple grades. When Combination U. S. Extra Fancy and U. S. Fancy is packed, at least 25 percent of the apples in any lot shall meet the requirements of the higher grade in the combination. When Combination U. S. Fancy and U. S. No. 1 or Combination U. S. No. 1 and U. S. Utility are packed, at least 50 percent of the apples in any lot shall meet the requirements of the higher grade in the combination. §§ 51.308, 51.310, and 51.313.)

(See

§ 51.307 U. S. Hail grade. "U. S. Hail grade" consists of apples which meet the requirements of U. S. No. 1 grade except that hail marks where the skin has not been broken and well healed hail marks where the skin has been broken shall be permitted, provided the apples are fairly well formed. (See §§ 51.308, 51.310, and 51.313.)

COLOR

§ 51.308 Color requirements. In addition to the requirements specified for the grades set forth in §§ 51.300 to 51.307, apples of these grades shall have the percentage of color specified for the variety in Table I appearing in this section. For the solid red varieties the percentage stated refers to the area of

the surface which must be covered with a good shade of solid red characteristic of the variety: Provided, That an apple having color of a lighter shade of solid red or striped red than that considered as a good shade of red characteristic of the variety may be admitted to a grade, provided it has sufficient additional area covered so that the apple has as good an appearance as one with the minimum percentage of good red characteristic of the variety required for the grade. For

TABLE 1--COLOR REQUIREMENTS FOR SPECIFIED U. S. GRADES OF APPLES, BY VARIETIES

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