ameter is that which approximates the apparent original size had the cherry not been pitted but does not apply to any pitter-torn cherries.

(b) (A) classification. Canned sweet cherries that are practically uniform in size may be given a score of 18 to 20 points. "Practically uniform in size" means that:

(1) In unpitted cherries. (i) The weight of each cherry is not less than onetenth oz (2.84 grams);

(ii) The weight of the largest cherry is not more than twice the weight of the smallest cherry; and

(iii) The diameter of the cherry with the greatest diameter may exceed the diameter of the cherry with the smallest diameter by not more than threesixteenths in.; and in 85 percent, by count, of all the cherries with the most uniform diameters the diameter of the cherries with the greatest diameters may exceed the diameter of the cherries with the smallest diameters by not more than one-sixteenth in.

(2) In pitted cherries. (i) The diameter of the cherry with the greatest diameter may exceed the diameter of the cherry with the smallest diameter by not more than three-sixteenths in; and in 85 percent, by count, of all the cherries with the most uniform diameters the diameter of the cherries with the greatest diameters may exceed the diameter of the cherries with the smallest diameters by not more than onesixteenth in.

(c) (B) classification. If the canned sweet cherries are reasonably uniform in size, a score of 16 or 17 points may be given. "Reasonably uniform in size" means that:

(1) In unpitted cherries. (i) The weight of each cherry is not less than onetenth oz (2.84 grams);

(ii) The weight of the largest cherry is not more than twice the weight of the smallest cherry; and

(iii) The diameter of the cherry with the greatest diameter may exceed the diameter of the cherry with the smallest diameter by not more than threesixteenths in.; and in 85 percent, by count, of all the cherries with the most uniform diameters the diameter of the cherries with the greatest diameters may exceed the diameter of the cher

ries with the smallest diameters by not more than one-eighth in.

(2) In pitted cherries. (i) The diameter of the cherry with the greatest diameter may exceed the diameter of the cherry with the smallest diameter by not more than three-sixteenths in.; and in 85 percent, by count, of all the cherries with the most uniform diameters the diameter of the cherries with the greatest diameters may exceed the diameter of the cherries with the smallest diameters by not more than oneeighth in.

(d) (C) classification. If the canned sweet cherries are fairly uniform in size, a score of 14 or 15 points may be given. Canned sweet cherries that fall into this classification shall not be graded above U.S. Grade B or U.S. Choice, regardless of the total score for the product (this is a limiting rule). "Fairly uniform in size" means that:

(1) In unpitted cherries. (i) The weight of each cherry is not less than onetenth oz (2.84 grams);

(ii) The weight of the largest cherry is not more than twice the weight of the smallest cherry; and

(iii) The cherries may vary in diameter measurements.

(2) In pitted cherries. (i) The cherries may vary in diameter measurements.

(e) (SStd) classification-Canned "unpitted" sweet cherries which fail to meet the requirements of paragraph (d) of this section may be given a score of 0 to 13 points, shall not be graded above Substandard (this is a limiting rule), and are also "Below Standard in Quality" for the applicable reasons:

(1) "Small"; and/or (2) "Mixed sizes".

$52.833 Absence of defects.

(a) General. The factor of absence of defects refers to the degree of freedom from harmless extraneous material; from portions of stems; from pits or portions thereof in pitted style; from slightly damaged, damaged, seriously damaged, slightly misshapen, misshapen, blemished, and seriously blemished cherries; and from any other defects which detract from the appearance or edibility of the product. Processing cracks are not considered as defects but are considered under the factor of character (§52.834).

157-010 0-95--7

(1) "Cherry" means a whole cherry, whether or not pitted, or portions of such cherries which in the aggregate approximate the average size of a cher

ry.

(2) "Harmless extraneous material" means any vegetable substance (including, but not limited to, a leaf or portion thereof, a stem or portion thereof longer than one-half in.) that is harmless.

(3) "Portions of cherry stems," whether loose or attached, means such portions that are one-half in. or less and such portions are considered as a defect separate from "harmless extraneous material."

(4) A "pit" is considered as a defect only in the style of pitted cherries and means a whole pit or portions of pits computed as follows:

(1) A single piece of pit shell, whether or not within or attached to a whole cherry, that is larger than one-half pit shell is considered as one pit;

(ii) A single piece of pit shell, whether or not within or attached to a whole cherry, that is not larger than one-half pit shell is considered as one-half pit;

(iii) Pieces of pit shell, within or attached to a whole cherry, when their combined size is larger than one-half pit shell are considered as one pit; and

(iv) Pieces of pit shell, within or attached to a whole cherry, when their combined size is not larger than onehalf pit shell are considered as one-half pit.

(5) "Slightly damaged" means any injury other than blemishes which affects the appearance of the cherry, and includes:

(i) Circular cracks with slight discoloration, such as "rain checks", confined entirely within the stem basin and more than one-fourth in but not more than one-half in., in length;

(ii) Cracks with slight discoloration, such as "rain checks" outside the stem basin and more than three-sixteenths in. but not more than three-eighths in. in length;

(iii) Mutilated cherries in unpitted style whereby the cherry is seriously torn at the stem and that such torn area exceeds that of a circle one-fourth in. in diameter; and mutilated cherries in pitted style whereby the cherry is so pitter-torn or so damaged by other

similar means that the entire pit cavity is exposed and the appearance of the cherry is seriously affected.

(6) "Damaged" means any injury other than blemishes which materially affects the appearance of the cherry and includes:

(i) Circular cracks with discoloration, such as "rain checks", confined entirely within the stem basin and more than one-half in. in length; and

(ii) Cracks with discoloration, such as "rain checks", outside the stem basin and more than three-eighths in. in length.

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

(8) "Slightly misshapen" cherries include, but is not limited to, cherries which are slightly deformed or in which there is a cleavage (or deep furrow) with the skin unbroken at the suture extending more than three-sixteenths in. but no more than one-half the length from the stem cavity to the apex.

(9) "Misshapen" cherries means cherries which are deformed to the extent that the appearance is materially affected and includes, but is not limited to "double" cherries in unpitted style and cherries in which there is a cleavage (or deep furrow) with the skin unbroken at the suture extending more than one-half the length from the stem cavity to the apex.

(10) "Blemished" means any blemished areas on the skin, which singly or in the aggregate, materially affect the appearance of the cherry; and includes:

(1) Such surface blemishes having an aggregate area exceeding that of a circle three-sixteenths in. in diameter, not extending into the fruit tissue but which materially affect the appearance of the cherry; or

(ii) Such blemishes having an aggregate area equivalent of, or less than, that of a circle three-sixteenths in. in diameter and extending into the fruit tissue so that the flesh is materially discolored.

(11) "Seriously blemished" means blemished to the extent that the appearance or edibility of the cherry is seriously affected.

(b) (A) classification. Canned sweet cherries that are practically free from defects may be given a score of 27 to 30 points. "Practically free from defects" means that the canned sweet cherries are practically free from any defects not specifically mentioned that affect the appearance or edibility of the product and that for the applicable style not more than the following defects or defective units may be present:

(1) One piece of harmless extraneous material for each 60 oz of net contents;

(2) One portion of cherry stem for each 20 oz of net contents;

ously blemished, or any combination thereof but not more than 10 percent, by count, of the cherries may be damaged, seriously damaged, misshapen, blemished, seriously blemished, or any combination thereof: Provided, That not more than 4 percent, by count, of the cherries may be seriously blemished and seriously damaged.

(d) (C) classification. If the canned sweet cherries are fairly free from defects, a score of 21 to 23 points may be given. Canned sweet cherries that fall into this classification shall not be graded above U.S. Grade C or U.S.

(4) A total of 10 percent, by count, of the cherries may be slightly damaged, damaged, seriously damaged, slightly misshapen, misshapen, blemished, seriously blemished, or any combination thereof but not more than 5 percent, by count, of the cherries may be damaged, seriously damaged, misshapen, blemished, seriously blemished, or any combination thereof: Provided, That not more than 2 percent, by count, of the cherries may be seriously blemished and seriously damaged.

(c) (B) classification. If the canned sweet cherries are reasonably free from defects, a score of 24 to 26 points may be given. Canned sweet cherries that fall into this classification shall not be graded above U.S. Grade B or U.S. Choice, regardless of the total score for the product (this is a limiting rule). "Reasonably free from defects" means that the canned sweet cherries are reasonably free from any defects not specifically mentioned that affect the appearance or edibility of the product and that for the applicable style not more than the following defects or defective units may be present:

(1) One piece of harmless extraneous material for each 40 oz of net contents; (2) A total of 5 portions of cherry stems but not more than 1 portion of cherry stem may be longer than onefourth in. but not longer than one-half in. for each 20 oz of net contents;

(3) In pitted style, 1 pit for each 20 oz. of net contents; and

(4) A total of 20 percent, by count, of the cherries may be slightly damaged, damaged, seriously damaged, slightly misshapen, misshapen, blemished, seri

for the product (this is a limiting rule). "Fairly free from defects" means that the canned sweet cherries are fairly free from any defects not specifically mentioned that affect the appearance or edibility of the product and that for the applicable style not more than the following defects or defective units may be present:

(1) One piece of harmless extraneous material for each 20 oz of net contents; (2) A total of 10 portions of cherry stems but not more than 3 portions of cherry stems, each of which may be longer than one-fourth in. but not longer than one-half in. for each 20 oz. of net contents;

(3) In pitted style, 1 pit for each 20 oz. of net contents; and

(4) A total of 30 percent, by count, of the cherries may be slightly damaged, damaged, seriously damaged, misshapen, blemished, seriously blemished, or any combination thereof but not more than 15 percent, by count, of the cherries may be blemished, seriously blemished, and seriously damaged.

(e) (SStd) classification. Canned sweet cherries which fail to meet the requirements of paragraph (d) of this section may be given a score of 0 to 20 points; shall not be graded above substandard, regardless of the total score for the product (this is a limiting rule); and may be "Below standard in quality" for the applicable reasons:

(1) "Partially pitted"; and/or (2) "Blemished".

$52.834 Character.

(a) General. The factor of character refers to the fleshiness and to the ten

derness and texture in relation to maturity in the canned sweet cherries and to the presence of serious processing cracks in unpitted style.

cracks"

(1) "Serious processing means cracks without any discoloration that are so deep as to expose the pit; processing cracks that are not serious are not scoreable.

(b) (A) classification. Canned sweet cherries that possess a good character may be given a score of 18 to 20 points. "Good character" means that the cherries are thick-fleshed, are tender but not soft or noticeably flabby, and otherwise possess a good texture characteristic of canned sweet cherries that have been properly processed from well-matured cherries; that not more than 10 percent, by count, of the cherries may possess a reasonably good character; and that, in unpitted style, not more than 5 percent, by count, of the cherries may possess serious processing cracks.

(c) (B) classification. If the canned sweet cherries possess a reasonably good character, a score of 16 or 17 points may be given. Canned sweet cherries that fall into this classification shall not be graded above U.S. Grade B or U.S. Choice, regardless of the total score for the product (this is a limiting rule). "Reasonably good character" means that the cherries are reasonably thick-fleshed, are reasonably tender but not more than slightly soft nor markedly flabby, and otherwise possess a texture characteristic of canned sweet cherries that have been properly processed from reasonably well-matured cherries; that not more than 10 percent by count of the cherries may possess a fairly good character provided, in unpitted cherries,

none

are thin-fleshed; and that, in unpitted style, not more than 10 percent, by count, of the cherries may possess serious processing cracks.

(d) (C) classification. If the canned sweet cherries possess a fairly good character, a score of 14 or 15 points may be given. Canned sweet cherries 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 cherries may be lacking in

thickness of flesh but, in unpitted cherries, the total weight of pits is not more than 12 percent of the weight of drained cherries; may be variable in tenderness and texture, ranging from firm to soft, but characteristic of canned sweet cherries that may have been processed from slightly immature to slightly over-mature cherries; that not more than 10 percent, by count, of the cherries may be markedly flabby; and that, in unpitted style, serious processing cracks may be present.

(e) (SStd) classification. Canned sweet cherries that fail to meet the requirements of paragraph (d) 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). Canned unpitted sweet cherries in which the total weight of the pits is more than 12 percent of the weight of drained cherries are also "Below standard in quality-thin fleshed".

LOT INSPECTION AND CERTIFICATION § 52.835 Ascertaining the grade of a lot.

The grade of a lot canned sweet cherries 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 (7 CFR 52.1 through 52.87).

good color, a reasonably good consistency, a good flavor, and may be reasonably tender, scoring not less than 26 points if the total score is not less than 90 points.

(b) "U.S. Grade B" or "U.S. Extra Standard" is the quality of canned cream style corn that possesses similar varietal characteristics; that is reasonably tender; that possesses a reasonably good color; that possesses a reasonably good consistency; that is reasonably free from defects; that possesses a good flavor; and that for those factors which are scored in accordance with the scoring system outlined in this subpart the total score is not less than 80 points: Provided, That the cream style corn may possess a fairly

good color, scoring not less than 7

points if the total score is not less than 80 points.

(c) "U.S. Grade C" or "U.S. Standard" is the quality of canned cream style corn that possesses similar varietal characteristics; that is fairly tender; that possesses a fairly good color; that possesses a fairly good consistency; that is fairly free from defects; that possesses a fairly good flavor; and that scores not less than 70 points when scored in accordance with the scoring system outlined in this subpart.

(d) "Substandard" is the quality of canned cream style corn that fails to meet the requirements of U.S. Grade C or U.S. Standard and may or may not meet the minimum standards of quality for canned cream style corn issued pursuant to the Federal Food, Drug, and Cosmetic Act.

FILL OF CONTAINER

§ 52.854 Fill of container for canned cream style corn.

The standard of fill of container for canned cream style corn is not incorporated in the grades of the finished product, since fill of container, as such, is not a factor of quality for the purpose of these grades. The standard fill of container for canned cream style corn is a fill of not less than 90 percent of the total capacity of the container. Canned cream style corn that does not meet this requirement is "Below standard in fill.”