§ 51.316 Injury. *“Injury”* 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 more than slightly 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 injury: ( 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 injured by russeting. Smooth net-like russeting outside of the stem cavity or calyx basin shall be considered as injury when an aggregate area of more than 10 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.
( b ) Sunburn or sprayburn, when the discolored area does not blend into the normal color of the fruit.
( c ) Dark brown or black limb rubs which affect a total area of more than one-fourth inch in diameter, except that light brown limb rubs of a russet character shall be considered under the definition of injury by russeting.
( d ) Hail marks, drought spots, other similar depressions or scars: ( 1 ) When the skin is broken, whether healed or unhealed;
( 2 ) When there is appreciable discoloration of the surface;
( 3 ) When any surface indentation exceeds one-sixteenth inch in depth;
( 4 ) When any surface indentation exceeds one-eighth inch in diameter; or
( 5 ) When the aggregate affected area of such spots exceeds one-half inch in diameter.
( e ) Bruises which are not slight and incident to proper handling and packing, and which are greater than: ( 1 ) 1 ⁄ 8 inch in depth;
( 2 ) 5 ⁄ 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 (e)(1) or (2) of this section.
( f ) Brown surface discoloration when caused by delayed sunburn, surface scald, or any other means and affects an area greater than 1 ⁄ 4 inch in diameter.
( g ) Disease: ( 1 ) Cedar rust infection which affects a total area of more than three-sixteenths inch in diameter.
( 2 ) Sooty blotch or fly speck which is thinly scattered over more than 5 percent of the surface, or dark, heavily concentrated spots which affect an area of more than one-fourth inch in diameter.
( 3 ) 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-fourth inch in diameter.
( h ) Insects: ( 1 ) Any healed sting or healed stings which affect a total area of more than one-eighth inch in diameter including any encircling discolored rings.
( 2 ) Worm holes.
[67 FR 69663, Nov. 19, 2002; 67 FR 79516, Dec. 30, 2002]