[Federal Register Volume 61, Number 78 (Monday, April 22, 1996)]
[Proposed Rules]
[Pages 17580-17586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9829]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 61, No. 78 / Monday, April 22, 1996 /
Proposed Rules
[[Page 17580]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 51
[Docket Number FV-95-305]
Shelled Almonds and Almonds in the Shell; Grade Standards
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: This rule would revise the United States Standards for Grades
of Shelled Almonds and the United States Standards for Grades of
Almonds in the Shell. The Almond Board of California's Grades
Subcommittee (ABCGS) recommends changes ``to better reflect the
requirements of today's almond industry.'' The ABCGS specifically
requests changes to the foreign material tolerances; the tolerance for
live insects inside the shell; removing the language ``appearance of
the lot'' from all definitions in the standards; combining tolerances
for chipping and scratching and split and broken in the U.S. Standard
Sheller Run grade; revising current definitions; and adding new
definitions.
The Agricultural Marketing Service (AMS), in cooperation with
industry, and other interested parties develops and improves standards
of quality, condition, quantity, grade, and packaging in order to
facilitate commerce by providing buyers, sellers, and quality assurance
personnel uniform language and criteria for describing various levels
of quality and condition as valued in the marketplace.
DATES: Comments must be postmarked or courier dated on or before July
21, 1996.
ADDRESSES: Interested parties are invited to submit written comments
concerning this proposal. Comments must be sent to the Standardization
Section, Fresh Products Branch, Fruit and Vegetable Division,
Agricultural Marketing Service, U.S. Department of Agriculture, P.O.
Box 96456, Room 2049 South Building, Washington, DC 20090-6456. FAX
number (202) 720-8871. Comments should make reference to the date and
page number of this issue of the Federal Register and will be made
available for public inspection in the above office during regular
business hours.
FOR FURTHER INFORMATION CONTACT: Frank O'Sullivan, at the above address
or call (202) 720-2185.
SUPPLEMENTARY INFORMATION: The U.S. Department of Agriculture is
issuing this proposed rule in conformance with Executive Order 12866.
Pursuant to the requirements set forth in the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.), the Administrator of AMS has
determined that this action will not have a significant economic impact
on a substantial number of small entities. This proposed rule for the
revision of U.S. Standards for Grades of Shelled Almonds and U.S.
Standards for Grades of Almonds In The Shell will not impose
substantial direct economic cost, recordkeeping, or personnel workload
changes on small entities, and will not alter the market share or
competitive position of these entities relative to large businesses.
This proposed rule has been reviewed under Executive Order 12778,
Civil Justice Reform. This action is not intended to have retroactive
effect. This proposed rule will not preempt any State or local laws,
regulations, or policies, unless they present an irreconcilable
conflict with this rule. There are no administrative procedures which
must be exhausted prior to any judicial challenge to the provisions of
the rule.
Agencies periodically review existing regulations. An objective of
the review is to ensure that the grade standards are serving their
intended purpose, the language is clear, and the standards are
consistent with AMS policy and authority.
The United States Standards for Grades of Shelled Almonds and
United States Standards for Grades of Almonds in the Shell are issued
in accordance with the provisions of the Agricultural Marketing Act of
1946. The standards were last revised in August 1960 and July 1964,
respectively. The ABCGS has requested that the standards be revised in
order to bring them into conformity with current cultural, harvesting
and marketing practices.
The definition of ``similar varietal characteristics'' in
Sec. 51.2117 of the current U.S. Standards for Grades of Shelled
Almonds states that the ``kernels are similar in shape and appearance.
For example, long types shall not be mixed with short types, or broad
types mixed with narrow types, and bitter almonds shall not be mixed
with sweet almonds. Color of the kernels shall not be considered, since
there is often a marked difference in skin color of kernels of the same
variety.'' The ABCGS recommended adding two designations to this
definition -- ``one type'' and ``California.'' This would affect all of
the grades that have a requirement for ``similar varietal
characteristics'' (only the U.S. No. 1 Pieces grade has no such
requirement). The ``one type'' designation would retain the current
definition of similar varietal characteristics. The ``California''
designation would allow for more than one variety of blanchable type
almonds to be mixed, including up to 25 percent of the ``Nonpareil'' or
similar type, and meet the definition of ``similar varietal
characteristics, California'' designation. Lots not designated as
either type would be considered ``one type.''
The industry commonly markets almonds indicating either individual
varieties or mixtures of several similar appearing varieties. There are
five established industry mixtures, including ``California.'' The other
four consist of ``Nonpareil,'' ``Mission,'' ``NePlus Ultra,'' and
``Inshell Bleaching.'' All are recognized as separate groupings and may
contain several varieties showing dissimilar characteristics (based on
shape and appearance). However, the varieties in each classification
have broad similarities in their uses, propensity for blanching, and
acceptance for particular end products. The ``California'' mixture is
widely recognized within the industry. The ``California'' mixture is
defined in the Almond Variety Update, 1985, referencing the
establishment of the definition in 1972 by USDA, Federal-State
Inspection Service. It may include the varieties Ballico, California,
Davey, Harvey, Merced, Norman, Ruby, Thompson, Vesta and all other
varieties that are similar to the varieties listed and in addition the
variety Nonpareil
[[Page 17581]]
may be included in the classification but not to exceed 25 percent by
weight of the lot. All varieties in the ``California'' mixture are
blanchable.
All blanchable type almonds are not similar in shape and
appearance. However, the ABCGS contends that handlers are not concerned
with differences in the shape or appearance of the almonds, as long as
they are blanchable. This mixing of varieties is a common practice in
the industry today. However, using the current standards, inspected
lots would not meet the requirement for similar varietal
characteristics, and would be certified as either failing to meet a
specific grade due to dissimilar varieties; or, as meeting a ``Mixed''
grade designation. The ABCGS states that these options (fails to meet a
specified grade and Mixed) negatively impact the marketing of such lots
even though the seller and buyer are fully aware of the product's
characteristics. (The U.S. Fancy and U.S. Extra No. 1 grades cannot be
re-designated as ``Mixed'' lots.)
By expanding the definition of similar varietal characteristics as
ABCGS recommends, the standards will be in-line with current marketing
practices. The change would allow lots that are comprised of blanchable
types, including up to 25 percent Nonpareil types, to meet the
requirements of ``similar varietal characteristics'' when so designated
as ``California'' type.
Currently, the U.S. No. 1, U.S. Select Sheller Run, U.S. Standard
Sheller Run, and U.S. No. 1 Whole and Broken grades may be designated
as U.S. No. 1 Mixed, U.S. Select Sheller Run Mixed, U.S. Standard
Sheller Run Mixed, and U.S. No. 1 Whole and Broken, Mixed if two or
more dissimilar varieties are found in excess of the tolerance, and all
other defects are within the tolerances. If the definition for
``similar varietal characteristics'' is changed as ABCGS recommends,
only those lots designated as ``one type'' or undesignated lots would
need be redesignated as ``Mixed'' if the tolerance for dissimilar
varieties is exceeded.
This proposed change regarding similar varietal characteristics
would not affect the U.S. Standards for Grades of Almonds In The Shell.
Because of the nature of in shell almonds, no change to the current
definition of similar varietal characteristics is warranted in this
standard.
The ABCGS recommends that the tolerances for foreign material be
tighter in most grades, including a ``zero tolerance'' for glass and
metal in all grades in the U.S. Standards for Grades of Shelled
Almonds. They contend that this tightening of the tolerances reflects
the current requirements of most buyers, and meets current food safety
concerns in regard to glass and metal. The ABCGS reports that major
buyers of almonds are setting more stringent tolerances (than current
tolerances in the U.S. grades) for foreign material in contract
specifications. In discussions with representatives of the industry,
most felt that although the tighter tolerances would be more difficult
to meet, it would not be impossible. The effect this change would have
on the industry would be to fail any lot found to have any amount of
glass or metal, and in most grades further restrict other types of
foreign material.
The ABCGS recommends that the tolerance for live insects inside the
shell be restricted to zero in the U.S. Standards for Grades of Almonds
In The Shell. They state that this tightening of the tolerance reflects
the requirements of consumers, and with effective fumigation practices
live insects can be eliminated. This change would cause any lot found
to have any amount of live insects if found inside the shell to fail to
meet any U.S. grade.
The ABCGS recommends to modify the U.S. Standard Sheller Run grade
within the U.S. Standards for Grades of Shelled Almonds by combining
the tolerances for chipped and scratched kernels (20 percent) and split
and broken kernels (15 percent). The new total tolerance would be 35
percent, with a restriction of not more than 15 percent for split and
broken. The ABCGS views chipped and scratched kernels as less
objectionable than split and broken kernels. Chipped and scratched
kernels essentially retain their full shape, but have superficial chips
and scratches of the pellicle and meat. Split and broken kernels are
those with 1/8 or more of the kernel split or broken off. The effect of
this change would be to allow with up to 35 percent chipped and
scratched (with 0 percent split and broken), or any combination of the
two types of defects totaling 35 percent (or less), as long as the
percentage of split and broken does not exceed 15 percent.
The ``Unclassified'' designation would be deleted from the two
grade standards. The term ``unclassified'' is not a grade within the
meaning of the standards and only serves to show that no grade has been
applied to the lot. Since this designation is rarely used and may
create some confusion in the marketplace, it would be deleted from the
standards.
The ABCGS recommends that current language referring to
``appearance of the lot'' be removed from both grade standards.
Currently, this language is found in the general definitions of
``injury,'' ``damage,'' and in the specific definition of ``damage by
chipped and scratched kernels'' in the shelled grades; and, in the
general definition of ``damage'' in the in-the-shell grades. This
language allows interpretations for various defects, whereby a lot of
almonds that are not considered injured, or damaged individually by
particular defects may be considered injured or damaged based on
affecting the appearance of the lot. Removing this language would limit
the scoring of defects based on the individual kernel and not on the
general appearance of the lot.
This change in both grade standards would cause defects to be
scored, based on the individual kernel, rather than based on the lot as
a whole.
ABCGS suggests that USDA revise the definition of ``damage by gum''
from its current definition of ``more than 1/8 of the surface
affected'' to an ``area aggregating more than the equivalent of a
circle 1/4 inch in diameter'' in both grade standards regardless of the
size of the almond. The ABCGS feels that gum is a serious defect on any
size nut, (generally viewed as an inedible) and should be scored more
tightly than at present. Industry generally allows less of an area to
be affected than the current standards permit. By using a specific area
rather than a percentage of the surface, scoring will be easier and
more objective for inspectors.
The ABCGS recommends that the definition of ``fairly uniform
color'' be changed in Sec. 51.2086 of the U.S. Standards for Grades of
Almonds In The Shell to account for uniformity in color of the shell,
whether lots of almonds are ``natural'' or ``bleached.'' The industry
offers in-the-shell almonds with both ``natural'' and ``bleached''
shells. Bleaching of the shells is an approved practice within the
industry, however, confusion exists between buyers and sellers
regarding the acceptability of bleached shells. Adding the reference of
bleaching in the definition of ``fairly uniform color'' should
eliminate the confusion.
The ABCGS recommends that the definition of ``decay'' be changed in
Sec. 51.2121 of the U.S. Standards for Grades of Shelled Almonds to
correspond with the definition in the U.S. Standards for Grades of
Almonds In The Shell from ``the kernel is putrid or decomposed'' to
``part or all of the kernel has become decomposed.'' The language and
wording of decay would be changed to promote uniformity and consistency
between the two grade standards.
The definitions of ``damage,'' ``insects,'' ``mold,'' and
``shriveling''
[[Page 17582]]
would be changed in the U.S. Standards for Grades of Almonds In The
Shell to correspond with the definitions in the U.S. Standards for
Grades of Shelled Almonds. The language and wording of these
definitions would be changed to promote uniformity and consistency
between the two grade standards.
Skin discoloration of the kernel (staining) is currently referenced
as a defect in the in-the-shell standard. Skin discoloration does not
change when the almonds are shelled, and therefore would be considered
a defect in the shelled standard. The ABCGS recommends specifically
referencing this defect in the shelled standards to promote uniformity
and consistency between the two grade standards. Although this skin
discoloration has historically been considered a defect in the shelled
almonds standards, specifically naming it will give a point of
reference to the industry and the inspection service.
In keeping with Departmental Regulations of moving towards
metrification, metric equivalents will be added, in parenthesis,
following any Imperial measurements, throughout the text of the
standards. The metric equivalents, in millimeters, are based on the
conversion of 64/64 on an inch equals 25.4 millimeters.
List of Subjects in 7 CFR Part 51
Agricultural commodities, Food grades and standards, Fruits, Nuts,
Reporting and recordkeeping requirements, Trees, Vegetables.
PART 51--[AMENDED]
For reasons set forth in the preamble, 7 CFR part 51 is proposed to
be amended as follows:
1. The authority citation for 7 CFR part 51 continues to read as
follows:
Authority: 7 U.S.C. 1621-1627.
2. In part 51, Subpart--United States Standards for Grades of
Almonds in the Shell is revised to read as follows:
Subpart--United States Standards for Grades of Almonds in the Shell
Grades
Sec.
51.2075 U.S. No. 1.
51.2076 U.S. No. 1 Mixed.
51.2077 U.S. No. 2.
51.2078 U.S. No. 2 Mixed.
Application of Tolerances
51.2079 Application of tolerances.
Determination of Grade
51.2080 Determination of grade.
Definitions
51.2081 Similar varietal characteristics.
51.2082 Loose extraneous and foreign material.
51.2083 Clean.
51.2084 Fairly bright.
51.2085 Fairly uniform color.
51.2086 Well dried.
51.2087 Decay.
51.2088 Rancidity.
51.2089 Damage.
51.2090 Serious damage.
51.2091 Thickness.
Subpart--United States Standards for Grades of Almonds in the Shell
Grades
Sec. 51.2075 U.S. No. 1.
``U.S. No. 1'' consists of almonds in the shell which are of
similar varietal characteristics and free from loose extraneous and
foreign material. The shells are clean, fairly bright, fairly uniform
color, and free from damage caused by discoloration, adhering hulls,
broken shells or other means. The kernels are well dried, free from
decay, rancidity, and free from damage caused by insects, mold, gum,
skin discoloration, shriveling, brown spot or other means.
(a) Unless otherwise specified, the almonds are of a size not less
than \28/64\ of an inch (11.1 mm) in thickness.
(b) In order to allow for variations incident to proper grading and
handling, the following tolerances are provided as specified:
(1) For external (shell) defects. 10 percent, by count, for almonds
which fail to meet the requirements of this grade other than for
variety and size;
(2) For dissimilar varieties. 5 percent, by count, including
therein not more than 1 percent for bitter almonds mixed with sweet
almonds;
(3) For size. 5 percent, by count, for almonds which are smaller
than the specified minimum thickness;
(4) For loose extraneous and foreign material. 2 percent, by
weight, including therein not more than 1 percent which can pass
through a round opening \24/64\ inch (9.5 mm) in diameter: Provided,
that such material is practically free from insect infestation; and,
(5) For internal (kernel) defects. 10 percent, by count, for
almonds with kernels failing to meet the requirements of this grade:
Provided, that not more than one-half of this tolerance or 5 percent
shall be allowed for kernels affected by decay or rancidity, damaged by
insects or mold or seriously damaged by shriveling: And provided
further, that no part of this tolerance shall be allowed for live
insects inside the shell.
Sec. 51.2076 U.S. No. 1 Mixed.
``U.S. No. 1 Mixed'' consists of almonds in the shell which meet
the requirements of U.S. No. 1 grade, except that two or more varieties
of sweet almonds are mixed.
Sec. 51.2077 U.S. No. 2.
``U.S. No. 2'' consists of almonds in the shell which meet the
requirements of U.S. No. 1 grade, except that an additional tolerance
of 20 percent shall be allowed for almonds with shells damaged by
discoloration.
Sec. 51.2078 U.S. No. 2 Mixed.
``U.S. No. 2 Mixed'' consists of almonds in the shell which meet
the requirements of U.S. No. 2 grade, except that two or more varieties
of sweet almonds are mixed.
Application of Tolerances
Sec. 51.2079 Application of tolerances.
The tolerances for the foregoing grades are applied to the entire
lot of almonds, based upon a composite sample drawn from containers
throughout the lot.
Determination of Grade
Sec. 51.2080 Determination of grade.
In grading the inspection sample, the percentage of loose hulls,
pieces of shell, chaff and foreign material is determined on the basis
of weight. Next, the percentages of nuts which are of dissimilar
varieties, undersize or have adhering hulls or defective shells are
determined by count, using an adequate portion of the total sample.
Finally, the nuts in that portion of the sample are cracked, and the
percentage having internal defects is determined on the basis of count.
Definitions
Sec. 51.2081 Similar varietal characteristics.
Similar varietal characteristics means that the almonds are similar
in shape, and are reasonably uniform in degree of hardness of the
shells, and that bitter almonds are not mixed with sweet almonds. For
example, hard-shelled varieties, semi-soft shelled varieties, soft-
shelled varieties and paper-shelled varieties are not mixed together,
nor are any two of these types mixed under this definition.
Sec. 51.2082 Loose extraneous and foreign material.
Loose extraneous and foreign material means loose hulls, empty
broken shells, pieces of shells, external insect infestation and any
substance other than almonds in the shell or almond kernels.
[[Page 17583]]
Sec. 51.2083 Clean.
Clean means that the shell is practically free from dirt and other
adhering foreign material.
Sec. 51.2084 Fairly bright.
Fairly bright means that the shells show good characteristic color.
Sec. 51.2085 Fairly uniform color.
Fairly uniform color means that the shells do not show excessive
variation in color, whether bleached or natural.
Sec. 51.2086 Well dried.
Well dried means that the kernel is firm and brittle, not pliable
or leathery.
Sec. 51.2087 Decay.
Decay means that part or all of the kernel has become decomposed.
Sec. 51.2088 Rancidity.
Rancidity means that the kernel is noticeably rancid to taste.
Sec. 51.2089 Damage.
Damage means any defect which materially detracts from the
appearance of the individual kernel, or the edible or shipping quality
of the almond. Any one of the following defects or combination thereof,
the seriousness of which exceeds the maximum allowed for any one defect
shall be considered as damage:
(a) Discoloration of the shell which is medium gray to black and
affects more than one-eighth of the surface in the aggregate. Normal
variations of a reddish or brownish color shall not be considered
discoloration;
(b) Adhering hulls which cover more than 5 percent of the shell
surface in the aggregate;
(c) Broken shells when a portion of the shell is missing, or the
shell is broken or fractured to the extent that moderate pressure will
permit the kernel to become dislodged;
(d) Insect injury when the insect, web or frass is present or there
is definite evidence of insect feeding;
(e) Mold, when visible on the kernel, except when white or gray and
easily rubbed off with the fingers;
(f) Gum, when a film of shiny, resinous appearing substance affects
an area aggregating more than the equivalent of a circle one-quarter
inch (6.4 mm) in diameter;
(g) Skin discoloration when more than one-half of the surface of
the kernel is affected by very dark or black stains contrasting with
the natural color of the skin;
(h) Shriveling when the kernel is excessively thin for its size, or
when materially withered, shrunken, leathery, tough or only partially
developed: Provided, that partially developed kernels are not
considered damaged if more than three-fourths of the pellicle is filled
with meat. An almond containing two kernels shall not be classed as
damaged if either kernel has more than three-fourths of the pellicle
filled with meat; and,
(i) Brown spot which affects an aggregate area on the kernel
greater than the area of a circle one-eighth inch (3.2 mm) in diameter.
Sec. 51.2090 Serious damage.
Serious damage means any defect which makes a kernel or piece of
kernel unsuitable for human consumption, and includes decay, rancidity,
insect injury and damage by mold. The following defect shall be
considered as serious damage: Shriveling when the kernel is seriously
withered, shrunken, leathery, tough or only partially developed:
Provided, that partially developed kernels are not considered seriously
damaged if more than one-fourth of the pellicle is filled with meat.
Sec. 51.2091 Thickness.
Thickness means the greatest dimension between the two semi-flat
surfaces of the shell measured at right angles to a plane extending
between the seams of the shell.
3. In Part 51, Subpart--United States Standards for Grades of
Shelled Almonds is revised to read as follows:
Subpart--United States Standards of Grades of Shelled Almonds
Grades
Sec.
51.2105 U.S. Fancy.
51.2106 U.S.Extra No. 1.
51.2107 U.S. No. 1.
51.2108 U.S. Select Sheller Run.
51.2109 U.S. Standard Sheller Run.
51.2110 U.S. No. 1 Whole and Broken.
51.2111 U.S. No. 1 Pieces.
Mixed Varieties
51.2112 Mixed varieties.
Size
51.2113 Size requirements.
51.2114 Tolerances for size.
Application of Tolerances
51.2115 Application of tolerances.
Definitions
51.2116 Similar varietal characteristics.
51.2117 Whole.
51.2118 Clean.
51.2119 Well dried.
51.2120 Decay.
51.2121 Rancidity.
51.2122 Insect injury.
51.2123 Foreign material.
51.2124 Doubles.
51.2125 Split or broken kernels.
51.2126 Particles and dust.
51.2127 Injury.
51.2128 Damage.
51.2129 Serious damage.
51.2130 Diameter.
51.2131 Fairly uniform in size.
Subpart -- United States Standards for Grades of Shelled Almonds
Grades
Sec. 51.2105 U.S. Fancy.
``U.S. Fancy'' consists of shelled almonds of similar varietal
characteristics which are whole, clean and well dried, and which are
free from decay, rancidity, insect injury, foreign material, doubles,
split or broken kernels, particles and dust, and free from injury
caused by chipped and scratched kernels, and free from damage caused by
mold, gum, shriveling, brown spot or other means. (See Secs. 51.2113
and 51.2114.)
In order to allow for variations incident to proper grading and
handling, the following tolerances, by weight, shall be permitted:
(a) For dissimilar varieties. 5 percent, including not more than
one-fifth of this amount, or 1 percent, for bitter almonds mixed with
sweet almonds;
(b) For doubles. 3 percent;
(c) For kernels injured by chipping and/or scratching. 5 percent;
(d) For foreign material. One-twentieth of 1 percent (0.05
percent). No part of this percentage shall be allowed for glass and
metal;
(e) For particles and dust. One-tenth of 1 percent (0.10 percent);
and,
(f) For other defects. 2 percent, including not more than one-half
of this amount, or 1 percent, for split or broken kernels, and
including not more than one-half of the former amount, or 1 percent,
for seriously damaged kernels.
Sec. 51.2106 U.S. Extra No. 1.
``U.S. Extra No. 1'' consists of shelled almonds of similar
varietal characteristics which are whole, clean and well dried, and
which are free from decay, rancidity, insect injury, foreign material,
doubles, split or broken kernels, particles and dust, and free from
damage caused by chipped and scratched kernels, mold, gum, shriveling,
brown spot or other means. (See Secs. 51.2113 and 51.2114.)
In order to allow for variations incident to proper grading and
handling, the following tolerances, by weight, shall be permitted:
(a) For dissimilar varieties. 5 percent, including not more than
one-fifth of this amount, or 1 percent, for bitter almonds mixed with
sweet almonds;
(b) For doubles. 5 percent;
(c) For kernels damaged by chipping and/or scratching. 5 percent;
[[Page 17584]]
(d) For foreign material. One-twentieth of 1 percent (0.05
percent). No part of this percentage shall be allowed for glass and
metal;
(e) For particles and dust. One-tenth of 1 percent (0.10 percent);
and,
(f) For other defects. 4 percent, including not more than one-
fourth of this amount, or 1 percent, for split or broken kernels, and
including not more than three-eighths of the former amount, or 1-1/2
percent, for seriously damaged kernels.
Sec. 51.2107 U.S. No. 1.
``U.S. No. 1'' consists of shelled almonds of similar varietal
characteristics which are whole, clean and well dried, and which are
free from decay, rancidity, insect injury, foreign material, doubles,
split or broken kernels, particles and dust, and free from damage
caused by chipped and scratched kernels, mold, gum, shriveling, brown
spot or other means. (See Secs. 51.2113 and 51.2114.)
In order to allow for variations incident to proper grading and
handling, the following tolerances, by weight, shall be permitted:
(a) For dissimilar varieties. 5 percent, including not more than
one-fifth of this amount, or 1 percent, for bitter almonds mixed with
sweet almonds;
(b) For doubles. 15 percent;
(c) For kernels damaged by chipping and/or scratching. 10 percent;
(d) For foreign material. One-twentieth of 1 percent (0.05
percent). No part of this percentage shall be allowed for glass and
metal;
(e) For particles and dust. One-tenth of 1 percent (0.10 percent);
and,
(f) For other defects. 5 percent including not more than one-fifth
of this amount, or 1 percent, for split or broken kernels, and
including not more than three-tenths of the former amount, or 1\1/2\
percent, for seriously damaged kernels.
Sec. 51.2108 U.S. Select Sheller Run.
``U.S. Select Sheller Run'' consists of shelled almonds of similar
varietal characteristics which are whole, clean and well dried, and
which are free from decay, rancidity, insect injury, foreign material,
doubles, split or broken kernels, particles and dust, and free from
damage caused by chipped and scratched kernels, mold, gum, shriveling,
brown spot or other means. (See Secs. 51.2113 and 51.2114.)
In order to allow for variations incident to proper grading and
handling, the following tolerances, by weight, shall be permitted:
(a) For dissimilar varieties. 5 percent, including not more than
one-fifth of this amount, or 1 percent, for bitter almonds mixed with
sweet almonds;
(b) For doubles. 15 percent;
(c) For kernels damaged by chipping and/or scratching. 20 percent;
(d) For foreign material. One-tenth of 1 percent (0.10 percent). No
part of this percentage shall be allowed for glass and metal;
(e) For particles and dust. One-tenth of 1 percent (0.10 percent);
(f) For split and broken kernels. 5 percent: Provided, that not
more than two- fifths of this amount, or 2 percent, shall be allowed
for pieces which will pass through a round opening 20/64 inch (7.9 mm)
in diameter; and,
(g) For other defects. 3 percent, including not more than two-
thirds of this amount, or 2 percent, for serious damage.
Sec. 51.2109 U.S. Standard Sheller Run.
``U.S. Standard Sheller Run'' consists of shelled almonds of
similar varietal characteristics which are whole, clean and well dried,
and which are free from decay, rancidity, insect injury, foreign
material, doubles, split or broken kernels, particles and dust, and
free from damage caused by chipped and scratched kernels, mold, gum,
shriveling, brown spot or other means. (See Secs. 51.2113 and 51.2114.)
In order to allow for variations incident to proper grading and
handling, the following tolerances, by weight, shall be permitted:
(a) For dissimilar varieties. 5 percent, including not more than
one-fifth of this amount, or 1 percent, for bitter almonds mixed with
sweet almonds;
(b) For doubles. 25 percent;
(c) For kernels damaged by chipping and/or scratching or split and
broken. 35 percent; Provided, that not more than three-sevenths of this
amount, or 15 percent, shall be allowed for split and broken: And
Provided Further, that not more than one-third of this latter amount,
or 5 percent, shall be allowed for pieces which will pass through a
round opening \20/64\ inch (7.9 mm) in diameter;
(d) For foreign material. Two-tenths of 1 percent (0.20 percent).
No part of this percentage shall be allowed for glass and metal;
(e) For particles and dust. One-tenth of 1 percent (0.10 percent);
and,
(f) For other defects. 3 percent, including not more than two-
thirds of this amount, or 2 percent, for serious damage.
Sec. 51.2110 U.S. No. 1 Whole and Broken.
``U.S. No. 1 Whole and Broken'' consists of shelled almonds of
similar varietal characteristics which are clean and well dried, and
which are free from decay, rancidity, insect injury, foreign material,
doubles, particles and dust, and free from damage caused by mold, gum,
shriveling, brown spot or other means.
(a) In this grade not less than 30 percent, by weight, of the
kernels shall be whole. Doubles shall not be considered as whole
kernels in determining the percentage of whole kernels.
(b) Unless otherwise specified, the minimum diameter shall be not
less than \20/64\ of an inch (7.9 mm). (See Secs. 51.2113 and 51.2114.)
(c) In order to allow for variations incident to proper grading and
handling, the following tolerances, by weight, shall be permitted:
(1) For dissimilar varieties. 5 percent, including not more than
one-fifth of this amount, or 1 percent, for bitter almonds mixed with
sweet almonds;
(2) For doubles. 35 percent;
(3) For foreign material. Two-tenths of 1 percent (0.20 percent).
No part of this percentage shall be allowed for glass and metal;
(4) For particles and dust. One-tenth of 1 percent (0.10 percent);
(5) For undersize. 5 percent; and,
(6) For other defects. 5 percent, including not more than three-
fifths of this amount, or 3 percent, for serious damage.
Sec. 51.2111 U.S. No. 1 Pieces.
``U.S. No. 1 Pieces'' consists of shelled almonds which are not
bitter, which are clean and well dried, and which are free from decay,
rancidity, insect injury, foreign material, particles and dust, and
free from damage caused by mold, gum, shriveling, brown spot or other
means.
(a) Unless otherwise specified, the minimum diameter shall be not
less than \8/64\ of an inch (3.2 mm). (See Secs. 51.2113 and 51.2114.)
(b) In order to allow for variations incident to proper grading and
handling, the following tolerances, by weight, shall be permitted:
(1) For bitter almonds mixed with sweet almonds. 1 percent;
(2) For foreign material. Two-tenths of 1 percent (0.20 percent).
No part of this percentage shall be allowed for glass and metal;
(3) For particles and dust. 1 percent; and
(4) For other defects. 5 percent, including not more than three-
fifths of this amount, or 3 percent, for serious damage.
Sec. 51.2112 Mixed varieties.
Any lot of shelled almonds designated as ``one type'' or
undesignated as to
[[Page 17585]]
type, which consists of a mixture of two or more dissimilar varieties
which meet the other requirements of any of the grades of U.S. No. 1,
U.S. Select Sheller Run, U.S. Standard Sheller Run, U.S. No. 1 Whole
and Broken may be designated as: ``U.S. No. 1 Mixed;'' ``U.S. Select
Sheller Run Mixed;'' ``U.S. Standard Sheller Run Mixed;'' ``U.S. No. 1
Whole and Broken Mixed;'' respectively; but no lot of any of these
grades may include more than 1 percent of bitter almonds mixed with
sweet almonds.
Size
Sec. 51.2113 Size requirements.
The size may be specified in terms of range in count of whole
almond kernels per ounce or in terms of minimum, or minimum and maximum
diameter. When a range in count is specified, the whole kernels shall
be fairly uniform in size, and the average count per ounce shall be
within the range specified. Doubles and broken kernels shall not be
used in determining counts. Count ranges per ounce commonly used are
shown below, but other ranges may be specified: Provided, that the
kernels are fairly uniform in size.
Count Range per Ounce
16 to 18, inclusive.
18 to 20, inclusive.
20 to 22, inclusive.
22 to 24, inclusive.
23 to 25, inclusive.
24 to 26, inclusive.
26 to 28, inclusive.
27 to 30, inclusive.
30 to 34, inclusive.
34 to 40, inclusive.
40 to 50, inclusive.
50 and smaller.
Sec. 51.2114 Tolerances for size.
(a) When a range is specified as, for example, ``\18/20\,'' no
tolerance for counts above or below the range shall be allowed.
(b) When the minimum, or minimum and maximum diameter are
specified, a total tolerance of not more than 10 percent, by weight,
may fail to meet the specified size requirements: Provided, that not
more than one-half of this amount, or 5 percent, may be below the
minimum size specified.
Application of Tolerances
Sec. 51.2115 Application of tolerances.
The tolerances for the grades are to be applied to the entire lot,
and a composite sample shall be taken for determining the grade.
However, any container or group of containers in which the almonds are
found to be materially inferior to those in the majority of the
containers shall be considered a separate lot.
Definitions
Sec. 51.2116 Similar varietal characteristics.
Similar varietal characteristics means that the kernels are similar
in shape and appearance. For example, long types shall not be mixed
with short types, or broad types mixed with narrow types, and bitter
almonds shall not be mixed with sweet almonds. Color of the kernels
shall not be considered, since there is often a marked difference in
skin color of kernels of the same variety.
(a) When a lot is specified as ``one type,'' all kernels shall be
the same in shape and appearance; and,
(b) When a lot is specified and carton marked as ``California,''
kernels present may include any one or a combination of blanchable
varieties within the ``California'' Marketing Classification. In
addition, Nonpareil or similar types may be included provided that it
does not exceed twenty-five percent (25%), by weight, of the lot.
Sec. 51.2117 Whole.
Whole means that there is less than one-eighth of the kernel
chipped off or missing, and that the general contour of the kernel is
not materially affected by the missing part.
Sec. 51.2118 Clean.
Clean means that the kernel is practically free from dirt and other
foreign substance.
Sec. 51.2119 Well dried.
Well dried means that the kernel is firm and brittle, and not
pliable or leathery.
Sec. 51.2120 Decay.
Decay means that part or all of the kernel has become decomposed.
Sec. 51.2121 Rancidity.
Rancidity means that the kernel is noticeably rancid to the taste.
Sec. 51.2122 Insect injury.
Insect injury means that the insect, web, or frass is present or
there is definite evidence of insect feeding.
Sec. 51.2123 Foreign material.
Foreign material means pieces of shell, hulls or other foreign
matter which will not pass through a round opening \8/64\ of an inch
(3.2 mm) in diameter.
Sec. 51.2124 Doubles.
Doubles means kernels that developed in shells containing two
kernels. One side of a double kernel is flat or concave.
Sec. 51.2125 Split or broken kernels.
Split or broken kernels means seven-eighths or less of complete
whole kernels but which will not pass through a round opening \8/64\ of
an inch (3.2 mm) in diameter.
Sec. 51.2126 Particles and dust.
Particles and dust means fragments of almonds kernels or other
material which will pass through a round opening \8/64\ of an inch (3.2
mm) in diameter.
Sec. 51.2127 Injury.
Injury means any defect which more than slightly detracts from the
appearance of the individual almond. The following shall be considered
as injury:
Chipped and scratched kernels when the affected area on an
individual kernel aggregates more than the equivalent of a circle one-
eighth inch (3.2 mm) in diameter.
Sec. 51.2128 Damage.
Damage means any defect which materially detracts from the
appearance of the individual kernel, or the edible or shipping quality
of the almonds. Any one of the following defects or combination
thereof, the seriousness of which exceeds the maximum allowed for any
one defect shall be considered as damage:
(a) Chipped and scratched kernels, when the affected area on an
individual kernel aggregates more than the equivalent of a circle one-
quarter inch (6.4 mm) in diameter;
(b) Mold, when visible on the kernel, except when white or gray and
easily rubbed off with the fingers.
(c) Gum, when a film of shiny, resinous appearing substance affects
an area aggregating more than the equivalent of a circle one-quarter
inch (6.4 mm) in diameter;
(d) Shriveling, when the kernel is excessively thin for its size,
or when materially withered, shrunken, leathery, tough or only
partially developed: Provided, that partially developed kernels are not
considered damaged if more than three-fourths of the pellicle is filled
with meat;
(e) Brown spot on the kernel, either single or multiple, when the
affected area aggregates more than the equivalent of a circle one-
eighth inch (3.2 mm) in diameter; and,
(f) Skin discoloration when more than one-half of the surface of
the kernel is affected by very dark or black stains contrasting with
the natural color of the skin.
[[Page 17586]]
Sec. 51.2129 Serious damage.
Serious damage means any defect which makes a kernel or piece of
kernel unsuitable for human consumption, and includes decay, rancidity,
insect injury and damage by mold.
Sec. 51.2130 Diameter.
Diameter means the greatest dimension of the kernel, or piece of
kernel at right angles to the longitudinal axis. Diameter shall be
determined by passing the kernel or piece of kernel through a round
opening.
Sec. 51.2131 Fairly uniform in size.
Fairly uniform in size means that, in a representative sample, the
weight of 10 percent, by count, of the largest whole kernels shall not
exceed 1.70 times the weight of 10 percent, by count, of the smallest
whole kernels.
Dated: April 9, 1996.
Lon Hatamiya,
Administrator.
[FR Doc. 96-9829 Filed 4-19-96; 8:45 am]
BILLING CODE 3410-02-P
