§ 52.38 Sampling plans and procedures for determining lot compliance.

(a) Except as otherwise provided for in this section in connection with inplant inspection and unless otherwise approved by the Administrator, samples shall be selected from each lot in the exact number of sample units indicated for the lot size in the applicable sampling plans: Provided, That at the discretion of the inspection service the number of sample units selected may be increased to the exact number of sample units indicated for any one of the larger sample sizes provided for in the appropriate plans.

(b) Under the sampling plans with respect to any specified requirement:

(1) If the number of deviants (as defined in connection with the specific requirement) in the sample does not exceed the acceptance number prescribed for the sample size, the lot meets the requirement;

(2) If the number of deviants (as defined in connection with the specific requirement) in the sample exceeds the acceptance number prescribed for the sample size, the lot fails the requirement.

(c) If in the conduct of on-line inplant inspection of a product covered by a grade standard which does not contain sampling plans, the sample is examined before the lot size is known and the number of sample units exceeds the prescribed sample size for such lot, but does not equal any of the prescribed larger sample sizes, the lot may be deemed to meet or fail a specific requirement in accordance with the following procedure:

(1) If the number of deviants (as defined in connection with the specific requirement) in the nonprescribed sample does not exceed the acceptance number of the next smaller sample size, the lot meets the requirement;

(2) If the number of deviants (as defined in connection with the specific requirement) in the nonprescribed sample equals the acceptance number prescribed for the next larger sample size, additional sample units shall be

selected to increase the sample to the next larger prescribed sample size;

(3) If the number of deviants (as defined in connection with the specific requirement) in the nonprescribed sample exceeds the acceptance number prescribed for the next larger sample size, the lot fails the requirement.

(d) In the conduct of on-line in-plant inspection, sampling may be performed on a time interval basis. The sampling frequency shall be specified in an applicable grade standard or other procedural instruction approved by the Administrator.

(e) In the event that the lot compliance determination provisions of a standard or specification are based on the number of specified deviations instead of deviants the procedures set forth in this section may be applied by substituting the word "deviation" for the word "deviant" wherever it appears.

(f) Sampling plans referred to in this section are those contained in Tables I, II, III, IV, and V and (g)(1) and (g)(2) of this section which follow or any other plans which are applicable. For processed products not included in these tables, the minimum sample size shall be the exact number of sample units prescribed in the table, container group, and lot size that, as determined by the inspector, most closely resembles the product, type, container, size and amount of product to be sampled

(g)(1) Sampling plan for dried figs. For each 10,000 pounds (or fraction of 10,000 pounds) of product-6 sample units of approximately 35 figs each accumulated into 1 composite (at least 200 figs). Each composite will be examined separately, and all must meet the requirement for the U.S. Grade.

(2) Sampling plan for dried fruits other than dates and figs. For each 15,000 pounds (or fraction of 15,000 pounds) of product—sample units of approximately 16 ounces each accumulated into 1 composite (at least 100 ounces) Each composite will be examined separately and all must meet the requirements for the U.S. Grade.

TABLE II-FROZEN OR SIMILARLY PROCESSED FRUITS, VEGETABLES, AND PRODUCTS CONTAINING UNITS OF SUCH SIZE AND CHARACTER AS TO BE READILY SEPARABLE-Continued

Convert to equivalent number of 2%-pound containers and use group 2

1 Under on-line in-plant inspection, a 5% overrun in number of containers may be permitted by the inspector before going to the next larger sample size. "When a standard sample unit size is not specified in the U.S. standards, the sample units for the various groups are as follows: Groups 1 and 2-1 container and its entire contents. Group 3 containers up to 10 pounds-approximately 3 pounds of product. When determined by the inspector that a 3-pound sample unit is inadequate, a larger sample unit of 1 or more containers and their entire contents may be substituted for 1 or more sample units of 3 pounds.

3,001-12,000

4,501-18,000 18,001-58,500 58,501-126,000 126,001-217,000 217,001-342,000 342,001-504,000 504,001-720,000 12,001-39,000 39,001-84,000 84,001-145,000 145,001-228,000 228,001-336,000 336,001-480,000

1,500 or less.

1,501-6,000

6,001-19,500 19,501-42,000 42,001-72,500 72,501-114,000 114,001-168,000 168,001-240,000

1 Under on-line in-plant inspection, a five percent overrun in number of containers may be permitted by the inspector before going to the next larger sample size.

1

2 When a standard sample unit size is not specified in the U.S. grade standards, the sample units for the various container size groups are as follows: Groups 1, 2, and 3-1 container and its entire contents. A smaller sample unit may be substituted in group 3 at the inspector's discretion. Group 4-approximately 16 ounces of product. When determined by the inspector that a 16-ounce sample unit is inadequate, a larger sample unit may be substituted.

1,801-7,200 7,201-23,400 23,401-50,400 50,401-87,000 87,001-136,800 136,801-201,600 201,601-288,000 601-2,400 2,401-7,800 7,801-16,800 16,801-29,000 29,001-45,600 45,601-67,200 67,201-96,000

Convert to equivalent number of 5-pound containers and use group 2

1 Under on-line in-plant inspection, a 5 percent overrun in number of containers may be permitted by the inspector before going to the next larger sample size. * When a standard sample unit size is not specified in the U.S. grade standards, the sample units for the various container size groups are as follows: Group 1-1 container and its entire contents. Groups 2 and 3-1 container and its entire contents or a smaller sample unit when determined by the inspector to be adequate.

9,601-31,200 31,201-67,200 67,201-116,000 116,001-182,400 182,401-268,800 268,801-384,000 3,201-10,400 10,401-22,400 22,401-38,667 38,668-60,800 60,801-89,600 89,601-128,000

1 Under in-line in-plant inspection, a five percent overrun in number of containers may be permitted by the inspector before going to the next larger sample size. 2 Samples consist of 25-ounce sample units, each of which may be a composite of product from a sufficient number of individual containers from 1 case to make up the weight. When previous inspection results from a particular source so indicate, 1-composite sample of 25 ounces of product may be formed from the 3-sample units in the smallest sample size, and 2composite samples of 25 ounces each may be formed from the 6-sample units in the next to smallest sample size. Sample units in larger sample sizes may not be further composited.

[38 FR 25166, Sept. 12, 1973; 38 FR 26903, Sept. 27, 1973, as amended at 40 FR 48934, Oct. 20, 1975. Redesignated at 42 FR 32514, June 27, 1977 and at 46 FR 63203, Dec. 31, 1981]