#### § 932.152 Outgoing regulations.

(a) *Inspection stations.* Processed olives shall be sampled and inspected only at an inspection station which shall be any olive processing plant having facilities for in-line or lot inspection which are satisfactory to the Inspection Service and the Committee; or an olive processing plant which has an approved Quality Assurance Program in effect.

(b) *Inspection—General.* Inspection of packaged olives for conformance with [§ 932.52](/on/2024-09-16/title-7/section-932.52) shall be by a Quality Assurance Program approved by the Specialty Crops Inspection Division (SCI), USDA; or by in-line or lot inspection. A PPB approved Quality Assurance Program shall be pursuant to a Quality Assurance contract as referred to in [§ 52.2](/on/2024-09-16/title-7/section-52.2).

(c) *Certification.*

(1) Each handler shall furnish daily to the Inspection Service a copy of a pack report for the preceding workday which shall contain at least the following:

(i) The total number of cases of packaged olives;

(ii) Number of cans per case;

(iii) Can size;

(iv) Can code;

(v) Variety;

(vi) Fruit size; and

(vii) Style.

(2) The Inspection Service shall issue for each day's pack a signed certificate covering the quantities of such packaged olives which meet all applicable minimum quality and size requirements. Each such certificate shall contain at least the following:

(i) Date;

(ii) Place of inspection;

(iii) Name and address of handler;

(iv) Can code;

(v) Variety;

(vi) Fruit size;

(vii) Can size;

(viii) Style;

(ix) Total number of cases;

(x) Number of cans per case;

(xi) And statement that packaged olives meet the effective minimum quality requirements for canned ripe olives as warranted by the facts.

(d) *Olives which fail to meet minimum quality and size requirements.*

(1) Whenever any portion of a handler's daily pack of packaged olives fails to meet all applicable minimum quality and size requirements, the Inspection Service shall issue a signed report covering such olives. Each such report shall contain at least the following:

(i) Date;

(ii) Place of inspection;

(iii) Name and address of handler;

(iv) Can code;

(v) Variety;

(vi) Fruit size;

(vii) Can size;

(viii) Style;

(ix) Total number of cases;

(x) Number of cans per case; and

(xi) Reason why the applicable requirements were not met.

(2) All such packaged olives shall be kept separate and apart from other packaged olives and shall be so identified by control cards or other means satisfactory to the Inspection Service and the committee that their identity is readily apparent. Such packaged olives may be reprocessed under supervision of the Inspection Service. Any such packaged olives that are not so reprocessed may be disposed of only in accordance with [§ 932.155](/on/2024-09-16/title-7/section-932.155).

(e) *Examination of certain olives received for use in the production of canned ripe olives of the tree-ripened type.* Pursuant to [§ 932.51(b)](/on/2024-09-16/title-7/section-932.51#p-932.51(b)), whenever a handler receives a lot of natural condition olives or makes a separation resulting in a sublot, solely for use in the production of canned ripe olives of the tree-ripened type he shall, at the time of receiving such lot or making such separation, notify the committee or the Inspection Service of the lot so received or the sublot so created which shall then be subject to examination by the committee, or by the Inspection Service if so designated by the committee, to assure that the olives in such lot or sublot comply with the specifications set forth in [§ 932.109](/on/2024-09-16/title-7/section-932.109). Each such handler shall identify all such lots and sublots of natural condition olives and keep them separate and apart from other olives received. Such identification and separation shall be maintained throughout the processing and production of such olives as canned ripe olives of the tree-ripened type.

(f) *Size designations.*

(1) In lieu of the size designations specified in [§ 932.52(a)(2)](/on/2024-09-16/title-7/section-932.52#p-932.52(a)(2)), except as provided in [§ 932.51(a) (1)](/on/2024-09-16/title-7/section-932.51#p-932.51(a)(1)) and [(2)](/on/2024-09-16/title-7/section-932.51#p-932.51(a)(2)), canned whole ripe olives, other than those of the “tree-ripened” type, shall conform to the marketing order size designations listed in table 1 contained herein, and shall be of a size not smaller than the applicable size requirements, tolerances, and percentages listed in [paragraph (h)](/on/2024-09-16/title-7/section-932.152#p-932.152(h)) of this section.

Table I—Canned Whole Ripe Olive Sizes Average Count Ranges

[Per Pound]

| Size designation | Variety group 1 | | Variety group 2 | |
| --- | --- | --- | --- | --- |
| Except Ascolano, Barouni, St. Agostino | Ascolano, Barouni, St. Agostino | Obliza | Except Obliza |
| Small | N.A. | N.A. | N.A. | 128-140 |
| Medium | N.A. | N.A. | 106-127 | 106-127 |
| Large | N.A. | 91-105 | 91-105 | 91-105 |
| Extra Large | 65-75 | 65-90 | 65-90 | 65-90 |
| Jumbo | 47-60 | 47-60 | 47-60 | 47-60 |
| Colossal | 33-46 | 33-46 | 33-46 | 33-46 |
| Sup. Colossal | (1) | (1) | (1) | (1) |
| | | | | |
| --- | --- | --- | --- | --- |
| 1 32 or fewer. | | | | |
| N.A.—Not Applicable. | | | | |

(2) The size of the canned whole olives shall conform with the applicable count per pound range indicated in table I of [paragraph (f)(1)](/on/2024-09-16/title-7/section-932.152#p-932.152(f)(1)) of this section. When the count per pound of whole olives falls between two count ranges, the size designation shall be that of the smaller size. The average count for canned whole ripe olives is determined from all containers in the sample and is calculated on the basis of the drained weight of the olives.

(3) Pitted olives must meet the size requirements for canned whole olives specified in [paragraphs (f)(1)](/on/2024-09-16/title-7/section-932.152#p-932.152(f)(1)) and [(f)(2)](/on/2024-09-16/title-7/section-932.152#p-932.152(f)(2)) of this section prior to pitting, or must meet the size designations specified in [§ 52.3754](/on/2024-09-16/title-7/section-52.3754) of the U.S. Standards for Grades of Canned Ripe Olives subsequent to pitting, subject to the following minimum size requirements:

(i) Variety group 1 olives, except Ascolano, Barouni, and St. Agostino varieties, shall be at least “Extra Large;”

(ii) Variety group 1 olives of the Ascolano, Barouni, and St. Agostino varieties shall be at least “Large;”

(iii) Variety group 2 olives, except the Obliza variety, shall be at least “Small;”

(iv) Variety group 2 olives of the Obliza variety shall be at least “Medium.”

(g) *Size Certification.*

(1) When limited-use size olives for limited-use styles are authorized during a crop year and a handler elects to have olives sized pursuant to [§ 932.51(a)(2)(i)](/on/2024-09-16/title-7/section-932.51#p-932.51(a)(2)(i)), any lot of limited-use size olives may be used in the production of packaged olives for limited-use styles if such olives are within the average count range in table II contained herein for that variety group, and meet such further mid-point or acceptable count requirements for the average count range in each size as approved by the committee.

Table II—Limited Use Size Olives

| Variety | Average count range (per pound) |
| --- | --- |
| Group 1, except Ascolano, Barouni, and St. Agostino | 76-90, inclusive. |
| Group 1, Ascolano, Barouni, and St. Agostino | 106-140, inclusive. |
| Group 2, except Obliza | 141-180, inclusive. |
| Group 2, Obliza | 128-140, inclusive. |

(2) When limited-use size olives are not authorized for limited-use styles during a crop year and a handler elects to have olives sized pursuant to [§ 932.51(a)(2)(ii)](/on/2024-09-16/title-7/section-932.51#p-932.51(a)(2)(ii)), any lot of canning-sized olives may be used in the production of packaged olives for whole, pitted, or limited-use styles if such olives are within the average count range in table III contained herein for that variety group, and meet such further mid-point or acceptable count requirements for the average count range in each size as approved by the committee.

Table III—Canned Whole Ripe Olive Sizes Average Count Ranges

[Per Pound]

| Size designation | Variety group 1 | | Variety group 2 | |
| --- | --- | --- | --- | --- |
| Except Ascolano, Barouni, St. Agostino | Ascolano, Barouni, St. Agostino | Obliza | Except Obliza |
| Small | N.A. | N.A. | N.A. | 128-140 |
| Medium | N.A. | N.A. | 106-127 | 106-127 |
| Large | N.A. | 91-105 | 91-105 | 91-105 |
| Ex. Large | 65-75 | 65-90 | 65-90 | 65-90 |
| Jumbo | 47-60 | 47-60 | 47-60 | 47-60 |
| Colossal | 33-46 | 33-46 | 33-46 | 33-46 |
| Sup. Colossal | (1) | (1) | (1) | (1) |
| | | | | |
| --- | --- | --- | --- | --- |
| 1 32 or fewer. | | | | |
| N.A.—Not Applicable. | | | | |

(h) Canned whole ripe olives, other than those of the “tree-ripened” type, shall be of a size not smaller than the following applicable size requirements, tolerances and percentages:

(1) With respect to variety group 1 olives, except Ascolano, Barouni, and St. Agostino varieties, the individual fruits shall each weigh no less than 1/75 pound, except that

(i) For olives of the extra large size designation, not more than 25 percent, by count, of such olives may weigh less than 1/75 pound each including not more than 10 percent, by count, of such olives that weigh less than 1/82 pound each; and

(ii) For olives of any designation except the extra large size, not more than 5 percent, by count, of such olives may weigh less than 1/75 pound each;

(2) With respect to variety group 1 olives of the Ascolano, Barouni, and St. Agostino varieties, the individual fruits shall each weigh not less than 1/105 pound, except that

(i) For olives of the large size designation, not more than 25 percent, by count, of such olives may weigh less than 1/105 pound each including not more than 10 percent, by count, of such olives that weigh less than 1/116 pound each; and

(ii) For olives of any designation except the large size, not more than 5 percent, by count, of such olives may weigh less than 1/105 pound each;

(3) With respect to variety group 2 olives, except the Obliza variety, the individual fruits shall each weigh not less than 1/140 pound, except that

(i) For olives of the small size designation, not more than 35 percent by count, of such olives may weigh less than 1/140 pound each including not more than 7 percent, by count, of such olives that weigh less than 1/160 pound each; and

(ii) For olives of any designation except the small size, not more than 5 percent, by count, of such olives may weigh less than 1/140 pound each;

(4) With respect to variety group 2 olives of the Obliza variety, the individual fruit shall each weigh not less than 1/127 pound, except that

(i) For olives of the medium size designation, not more than 35 percent, by count, of such olives may weigh less than 1/127 pound each including not more than 7 percent, by count, of such olives that weigh less than 1/135 pound each; and

(ii) For olives of any designation except the medium size, not more than 5 percent, by count, of such olives may weigh less than 1/127 pound each.

[[31 FR 12635](https://www.federalregister.gov/citation/31-FR-12635), Sept. 27, 1966, as amended at [33 FR 15632](https://www.federalregister.gov/citation/33-FR-15632), Oct. 23, 1968; [36 FR 24795](https://www.federalregister.gov/citation/36-FR-24795), Dec. 23, 1971; [48 FR 54212](https://www.federalregister.gov/citation/48-FR-54212), Dec. 1, 1983; [52 FR 38224](https://www.federalregister.gov/citation/52-FR-38224), Oct. 15, 1987; [52 FR 49346](https://www.federalregister.gov/citation/52-FR-49346), Dec. 31, 1987; [57 FR 36353](https://www.federalregister.gov/citation/57-FR-36353), Aug. 13, 1992; [59 FR 38106](https://www.federalregister.gov/citation/59-FR-38106), July 27, 1994; [59 FR 55341](https://www.federalregister.gov/citation/59-FR-55341), Nov. 7, 1994; [62 FR 1244](https://www.federalregister.gov/citation/62-FR-1244), Jan. 9, 1997; [88 FR 82233](https://www.federalregister.gov/citation/88-FR-82233), Nov. 24, 2023]