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'In any sample unit, except the first one of 100 cuts.

"Total"-the sum of "Critical", "Severe", "Major", and "Minor" defects, as applicable.

[34 FR 5152, Mar. 13, 1969, as amended at 35 FR 5663, Apr. 8, 1970; 39 FR 17304, May 15, 1974. Redesignated at 42 FR 32514, June 27, 1977]

LOT COMPLIANCE

$2852.390 Sample size.

(a) General. The sample size to determine compliance with requirements for size, percent head material, and quality factors shall be the sampling plans specified in the "Regulations Governing Inspection of Processed Fruits and Vegetables and Related Products" (§§ 2852.1-2852.87).

(b) Acceptance numbers. The acceptance numbers for deviants specified in the sampling plans cited in paragraph (a) of this section do not apply to these standards.

§ 2852.391 Lot acceptance for size.

A lot of frozen asparagus is considered as meeting the requirements for a

specified size if the defects permitted and the AL values for the applicable defect classifications, specified in Table III, are not exceeded.

§ 2852.392 Lot acceptance for "Percent Head Material" in the style of cutspears.

The percent, by count, of heads is determined by averaging the percentage of heads in all of the sample units comprising the sample: Provided, That:

(a) When cut into units 11⁄4 inches or less in length no individual sample unit may contain less than 12 percent, by count, of heads; and

(b) When cut into units longer than 14 inches, no sample unit may contain less than 15 percent, by count, of heads.

§ 2852.393 Lot acceptance for "Percent loose material".

The percent of loose material, by weight, is determined by averaging the percentage by weight of loose material in the total weight of all of the sample units comprising the sample.

[35 FR 5663, Apr. 8, 1970. Redesignated at 42 FR 32514, June 27, 1977]

§ 2852.394 Lot acceptance for quality.

A lot of frozen asparagus is considered as meeting the quality requirements of either U.S. Grade A or U.S. Grade B if:

(a) The product has a good flavor and odor; and

(b) The product is free of grit or silt that affects the appearance or edibility within the limits specified for either U.S. Grade A or U.S. Grade B; and

(c) The product complies with the limits specified for loose material for either U.S. Grade A or U.S. Grade B; and

(d) The defects permitted and the Al values for the applicable defect classifications, specified in Tables VII and VIII, are not exceeded.

[34 FR 5152, Mar. 13, 1969, as amended at 35 FR 5663, Apr. 8, 1970. Redesignated at 42 FR 32514, June 27, 977]

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[34 FR 5152, Mar. 13, 1969. Redesignated at 35 FR 5663, Apr. 8, 1970 and 42 FR 32514, June 27, 1977]

Subpart-United States Standards for Grades of Canned Dried Beans

AUTHORITY: Agricultural Marketing Act of 1946, Secs. 203, 205, 60 Stat. 1087, as amended, 1090 as amended; 7 U.S.C. 1622, 1624.

SOURCE: 41 FR 32223, Aug. 2, 1976, unless otherwise noted. Redesignated at 42 FR 32514, June 27, 1977.

§ 2852.411 Product description.

"Canned dried beans" is the product prepared from dry mature beans or peas used for canning; but not including soybeans, sweet peas, or early peas. Any safe and suitable ingredients permissible under the provisions of the Federal Food, Drug, and Cosmetic Act may be used. The product is prepared by washing, soaking, blanching, cooking, or other processing. It is packed in hermetically sealed containers and sufficiently processed by heat to assure preservation.

§ 2852.412 Types.

(a) White beans. (b) Lima beans.

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(c) "In brine" means packed in brine and any other safe and suitable ingredient(s).

§ 2852.414 Grades.

(a) “U.S. Grade A" is the quality of canned dried beans that has the following attributes:

(1) Practically similar varietal characteristics (except "mixed" type);

(2) At least a reasonably good consistency for the styles of “in tomato sauce" and "in sweetened sauce";

(3) Practically free from defects; (4) Good character;

(5) Good flavor;

(6) Scores at least 17 points for color; and

(7) Totals not less than 90 points when scored in accordance with the scoring system outlined in this subpart.

(b) “U.S. Grade B" is the quality of canned dried beans that has at least the following attributes:

(1) Reasonably similar varietal characteristics (except "mixed" type);

(2) Reasonably good consistency for the styles of “in tomato sauce" and "in sweetened sauce";

(3) Reasonably free from defects;
(4) Reasonably good character;
(5) Reasonably good flavor;
(6) Reasonably good color; and

(7) Totals not less than 80 points when scored in accordance with the scoring system outlined in this subpart.

(c) “Substandard” is the quality of canned dried beans that fails to meet the requirements of U.S. Grade B.

§ 2852.415 Sample unit size.

Compliance with requirements for factors of quality is based on a sample unit consisting of the entire contents of one container, irrespective of container size.

§ 2852.416 Determining the grade.

(a) General. The factor of canned dried beans is determined by considering, in addition to the requirements of the respective grade, the following factors:

(1) Factors not rated by score points. (i) Similar varietal characteristics; (ii) Consistency; and

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(1) Similar varietal characteristics: (i) "Contrasting varieties" means dried beans of the same type or of other types that are of a noticeably different color, size, or shape from the dried beans of the predominating variety (such as red beans with white beans);

(ii) "Varieties that blend" means dried beans of the same type or of other types that are similar in color, size, or shape to the dried beans of the predominating variety (such as pea beans with small white beans);

(iii) "Practically similar varietal characteristics" means that the beans are practically alike in size, shape, color, general characteristics, and that there may be present not more than 0.5 percent, by weight, of contrasting varieties; and not more than 5 percent, by weight, of varieties that blend (not applicable to "mixed" type); and

(iv) "Reasonably similar varietal characteristics" means that the beans are reasonably alike in size, shape, color, general characteristics, and that there may be present not more than 1 percent, by weight, of contrasting varieties; and not more than 10 percent, by weight, of varieties that blend (not applicable to "mixed" type).

(2) Consistency:

(i) "Reasonably good consistency" means that the sauce is reasonably smooth and may be slightly grainy or slightly lumpy. The product may have a thick consistency but is practically free from "matting" and when emptied on a flat surface may have practically no separation of liquid; or, the product may have a thin consistency with separation of liquid, but it shall not be watery (not applicable to "in

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(a) "Good color" means that the beans have a color that is bright and reasonably uniform, typical of the type; and that the sauce or brine has a color typical of the style of pack. Canned dried beans that have a good color may be given a score of 18 to 20 points.

(b) "Reasonably good color" means that the beans have a color that is fairly uniform, typical of the type; may be dull but not off-color; and that the sauce or brine has a color typical of the style of pack. Canned dried beans that have a reasonably good color may be given a score of 16 or 17 points. Canned dried beans that score 16 points for color shall not be graded above "U.S. Grade B," regardless of the total score for the product (this is a partial limiting rule).

(c) "Substandard." Canned dried beans that fail to meet the requirements of grade B may be given a score of 0 to 15 points and shall not be graded above Substandard, regardless

of the total score for the product (this is a limiting rule).

§ 2852.419 Absence of defects.

(a) General. The factor of absence of defects refers to the degree of freedom from extraneous vegetable material, loose skin, broken and mashed beans, and blemished beans; or any other defects that may affect the appearance or eating quality of the product. (b) Definitions.

(1) "Loose skin” means a skin or portions of a skin which have become separated wholly from the cotyledons;

(2) "Broken" means a cotyledon or portions of a cotyledon which have become separated; or a bean or portions of a bean with the skin or portions of the skin missing;

(3) "Mashed" means a bean that is crushed or flattened to the extent that the appearance is seriously affected;

(4) "Blemished" means a bean that is affected or damaged by any means to the extent that its appearance or eating quality is adversely affected; (i) Slightly;

(ii) Materially;

(iii) Seriously; and

(5) "Extraneous vegetable material" means vegetable material common to the bean plant or other plants that is harmless upon eating and includes, but is not limited to, peas, lentils, cereal grains, and corn.

(c) "Practically free from defects" means that the canned dried beans comply with the allowances in Table I. Canned dried beans that are practically free from defects may be given a score of 36 to 40 points.

(d) "Reasonably free from defects" means that the canned dried beans comply with the allowances in Table II. Canned dried beans that are reasonably free from defects may be given a score of 32 to 35 points and shall not be graded above "U.S. Grade B," regardless of the total score for the product (this is a limiting rule).

(e) "Substandard." Canned dried beans that fail to meet the allowances for grade B may be given a score of 0 to 31 points and shall not be graded above Substandard, regardless of the

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