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 Code of Federal Regulations (Last Updated: April 5, 2024)
 Title 7 - Agriculture
 Subtitle B - Regulations of the Department of Agriculture
 Chapter I - Agricultural Marketing Service (Standards, Inspections, Marketing Practices), Department of Agriculture
 SubChapter C - Requirements and Standards Under the Agricultural Marketing Act of 1946 and the Egg Products Inspection Act
 Part 52 - Processed Fruits and Vegetables, Processed Products Thereof, and Certain Other Processed Food Products
 Subpart A - Requirements Governing Inspection and Certification
 Sampling

  § 52.38 - Sampling plans and procedures for determining lot compliance.  

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  • § 52.38 Sampling plans and procedures for determining lot compliance.

    (a) Except as otherwise provided for in this section in connection with in-plant 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. The lot size is to correspond to a sample size with a maximum of 29 sample units: 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. The samples size may be increased beyond 29 sample units in accordance with the following sampling plan:

    Sample Size 38 48 60
    Acceptance Number 5 6 7

    (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 in-plant 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. The maximum sample size in tables I, II, III, IV, V, (g)(1), (g)(2) and processed products not included in these tables is 29 sample units.

    (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 I - Canned or Similarly Processed Fruits, Vegetables, and Products Containing Units of Such Size and Character as To Be Readily Separable

    Container size group Lot size (number of containers)1
    Group 1: Any type container of a volume not exceeding that of a No. 303 size can 3,000 or
    less    		 3,001 to
    12,000    		 12,001 to
    39,000    		 39,001 to
    84,000    		 84,001 to
    145,000
    Group 2: Any type of container of a volume exceeding that of a No. 303 size can but not exceeding that of a No. 3 cylinder size can 1,500 or
    less    		 1,501 to
    6,000    		 6,001 to
    19,500    		 19,501 to
    42,000    		 42,001 to
    72,500
    Group 3: Any type of container of a volume exceeding that of a No. 3 cylinder size can, but not exceeding that of a No. 12 size can 750 or
    less    		 751 to
    3,000    		 3,001 to
    9,750    		 9,751 to
    21,000    		 21,001 to
    36,250
    Group 4: Any type of container of a volume exceeding that of a
    No. 12 size can.
    Convert to equivalent number of 6-lb. net weight containers and use group 3
    Lot inspection sample size (no. of sample units)2 3 6 13 21 29
    Acceptance number 0 1 2 3 4
    On-line in-plant inspection sample size (no. of sample units)2 3 6 6 13 21
    Acceptance number 0 1 1 2 3

    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.

    2 When a standard sample 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. Group 4 that approximately 2 pounds of product. When determined by the inspector that a 2-pound sample unit is inadequate, a larger sample unit may be substituted.

    Table II - Frozen or Similarly Processed Fruits, Vegetables, and Products Containing Units of Such Size and Character as To Be Readily Separable

    Container size group Lot size (number of containers)1
    Group 1: Any type of container of 1 lb. or less 2,400 or
    less    		 2,401 to
    9,600    		 9,601 to
    31,200    		 31,201 to
    67,200    		 67,201 to
    116,000
    Group 2: Any type of container over 1 lb. but not over 2- 1⁄2 lbs. net weight 1,200 or
    less    		 1,201 to
    4,800    		 4,801 to
    15,600    		 15,601 to
    33,600    		 33,601 to
    58,000
    Group 3: Any type of container over 2- 1⁄2 lbs.
    Convert to equivalent number of 2- 1⁄2 lb. containers and use group 2
    Lot inspection sample size (no. of sample units)2 3 6 13 21 29
    Acceptance number 0 1 2 3 4
    On-line in-plant inspection sample size (no. of sample units)2 3 6 6 13 21
    Acceptance number 0 1 1 2 3

    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.

    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 and 2 - 1 container and its entire contents. Group 3 containers up to 10 lbs. - approximately 3 pounds of product. When determined by the inspector that a 3-pound sample unit is inadequate, a larger sample unit or 1 or more containers and their entire contents may be substituted for 1 or more sample units of 3 lbs.

    Table III - Canned, Frozen, or Otherwise Processed Fruits, Vegetables, Related Products of a Comminuted, Fluid or Homogeneous State

    Container size group Lot size (number of containers)1
    Group 1: Any type of container of 1 lb. or less 4,500 or
    less    		 4,501 to
    18,000    		 18,001 to
    56,000    		 58,501 to
    126,000    		 126,001 to
    217,000
    Group 2: Any type of container exceeding 1 lb. but not exceeding 60 ounces. 3,000 or
    less    		 3,001 to
    12,000    		 12,001 to
    39,000    		 39,001 to
    84,000    		 84,001 to
    145,000
    Group 3: Any type of container exceeding 60 ounces but not exceeding 10 lbs. 1,500 or
    less    		 1,501 to
    6,000    		 6,001 to
    19,500    		 19,501 to
    42,000    		 42,001 to
    72,500
    Group 4: Any type of container of a volume exceeding 10 lbs.
    Convert to equivalent number of 6-lb. containers and use group 3
    Lot inspection sample size (no. of sample units)2 3 6 13 21 29
    Acceptance number 0 1 2 3 4
    On-line in-plant inspection sample size (no. of sample units)2 3 6 6 13 21
    Acceptance number 0 1 1 2 3

    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.

    2 When a standard sample 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.

    Table IV - Dehydrated (Low-Moisture) Fruits, and Vegetables

    Container size group Lot size (number of containers)1
    Group 1: Any type of container of 1 lb. or less 1,800 or
    less    		 1,801 to
    7,200    		 7,201 to
    23,400    		 23,401 to
    50,400    		 50,401 to
    87,000
    Group 2: Any type of container over 1 lb. but not over 6 lbs. net weight 600 or
    less    		 601 to
    2,400    		 2,401 to
    7,800    		 7,801 to
    16,800    		 16,801 to
    29,000
    Group 3: Any type of container over 6 lbs.
    Convert to equivalent number of 5 lb. containers and use group 2
    Lot inspection sample size (no. of sample units)2 3 6 13 21 29
    Acceptance number 0 1 2 3 4
    On-line in-plant inspection sample size (no. of sample units)2 3 6 6 13 21
    Acceptance number 0 1 1 2 3

    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.

    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: 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.

    Table V - Dates

    Container size group Lot size (number of containers)1
    Group 1: Any type of container of 1 lb. or less net weight 2,400 or
    less    		 2,401 to
    9,600    		 9,601 to
    31,200    		 31,201 to
    67,000    		 67,201 to
    116,000
    Group 2: Any type of container over 1 lb. but not over 5 lbs. net weight 800 or
    less    		 801 to
    3,200    		 3,201 to
    10,400    		 10,401 to
    22,400    		 22,401 to
    33,667
    Group 3: Any type of container over 5 lbs.
    Convert to equivalent number of 5 lb. containers and use group 2
    Lot inspection sample size (no. of sample units)2 3 6 13 21 29
    Acceptance number 0 1 2 3 4
    On-line in-plant inspection sample size (no. of sample units)2 3 6 6 13 21
    Acceptance number 0 1 1 2 3

    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.

    2 When a standard sample size is not specified in the U.S. grade standards, the sample units for the various container size groups are as follows: Groups 1 and 2 - 1 container and its entire contents. Group 3 containers up to 10 pounds - 1 container and its entire contents. Group 3 containers over 10 pounds - approximately three pounds of product. When determined by the inspector that a 3-pound sample unit is inadequate, a larger sample unit or 1 or more containers and their entire contents may be substituted for 1 or more sample units of 3 pounds.

    [38 FR 25166, Sept. 12, 1973; 38 FR 26903, Sept. 27, 1973. Redesignated at 42 FR 32514, June 27, 1977 and further redesignated at 46 FR 63203, Dec. 31, 1981, and amended at 51 FR 20439, June 5, 1986; 63 FR 50747, Sept. 23, 1998]