§ 51.317 Damage. “ Damage ” means any specific defect defined in this section or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materially detract from the appearance, or the edible or shipping quality of the apple. In addition, specific defect measurements are based on an apple three inches in diameter. Corresponding smaller or larger areas would be allowed on smaller or larger fruit. Any reference to “*inch*” or “*inches in diameter*” refers to that of a circle of the specified diameter. Any reference to “*aggregate area,*” “*total area,*” or “*aggregate affected area*” means the gathering together of separate areas into one mass for the purpose of comparison to determine the extent affected. The following specific defects shall be considered as damage: ( a ) Russeting in the stem cavity or calyx basin which cannot be seen when the apple is placed stem end or calyx end down on a flat surface shall not be considered in determining whether an apple is damaged by russeting, except that excessively rough or bark-like russeting in the stem cavity or calyx basin shall be considered as damage when the appearance of the apple is materially affected. The following types and amounts of russeting outside of the stem cavity or calyx basin shall be considered as damage: ( 1 ) Russeting which is excessively rough on Roxbury Russet and other similar varieties.
( 2 ) Smooth net-like russeting, when an aggregate area of more than 15 percent of the surface is covered, and the color of the russeting shows no very pronounced contrast with the background color of the apple, or lesser amounts of more conspicuous net-like russeting when the appearance is affected to a greater extent than the amount permitted above.
( 3 ) Smooth solid russeting, when an aggregate area of more than 5 percent of the surface is covered, and the pattern and color of the russeting shows no very pronounced contrast with the background color of the apple, or lesser amounts of more conspicuous solid russeting when the appearance is affected to a greater extent than the above amount permitted.
( 4 ) Slightly rough russeting which covers an aggregate area of more than one-half inch in diameter.
( 5 ) Rough russeting which covers an aggregate area of more than one-fourth inch in diameter.
( b ) Sunburn or sprayburn which has caused blistering or cracking of the skin, or when the discolored area does not blend into the normal color of the fruit unless the injury can be classed as russeting.
( c ) Limb rubs which affect a total area of more than one-half inch in diameter, except that light brown limb rubs of a russet character shall be considered under the definition of damage by russeting.
( d ) Hail marks, drought spots, other similar depressions, or scars: ( 1 ) When any unhealed mark is present;
( 2 ) When any surface indentation exceeds one-eighth inch in depth;
( 3 ) When the skin has not been broken and the aggregate affected area exceeds one-half inch in diameter; or
( 4 ) When the skin has been broken and well healed, and the aggregate affected area exceeds one-fourth inch in diameter.
( e ) Stem or calyx cracks which are not well healed, or well healed stem or calyx cracks which exceed an aggregate length of one-fourth inch.
( f ) Invisible water core existing around the core and extending to water core in the vascular bundles, or surrounding the vascular bundles when the affected areas surrounding three or more vascular bundles meet or coalesce, or existing in more than a slight degree outside the circular area formed by the vascular bundles. *Provided,* That invisible water core shall not be scored as damage against the Fuji variety of apples under any circumstances.
( g ) Bruises which are not slight and incident to proper handling and packing, and which are greater than: ( 1 ) 3 ⁄ 16 inch in depth;
( 2 ) 7 ⁄ 8 inch in diameter;
( 3 ) any combination of lesser bruises which detract from the appearance or edible quality of the apple to an extent greater than any one bruise described in paragraphs (g)(1) or (2) of this section.
( h ) Brown surface discoloration when caused by delayed sunburn, surface scald, or any other means and affects an area greater than 1 ⁄ 2 inch in diameter.
( i ) Disease: ( 1 ) Scab spots which affect a total area of more than one-fourth inch in diameter.
( 2 ) Cedar rust infection which affects a total area of more than one-fourth inch in diameter.
( 3 ) Sooty blotch or fly speck which is thinly scattered over more than one-tenth of the surface, or dark, heavily concentrated spots which affect an area of more than one-half inch in diameter.
( 4 ) Red skin spots which are thinly scattered over more than one-tenth of the surface, or dark, heavily concentrated spots which affect an area of more than one-half inch in diameter.
( 5 ) Bitter pit or Jonathan spot when one or more spots affects the surface of the apple.
( j ) Insects: ( 1 ) Any healed sting or healed stings which affect a total area of more than three-sixteenths inch in diameter including any encircling discolored rings.
( 2 ) Worm holes.
[67 FR 69663, Nov. 19, 2002; 67 FR 79517, Dec. 30, 2002]