9990 Federal Register / Vol. 60, No. 35 / Wednesday, February 22, 1995 / Proposed Rules

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR PART 51

[Docket Number FV–93–301]

Florida Grapefruit, Florida Oranges

and Tangelos, and, Florida Tangerines;

Grade Standards

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Proposed rule.

SUMMARY: This rule would revise the

United States Standards for Grades of

Florida Grapefruit, United States

Standards for Grades of Florida Oranges

and Tangelos, and, United States

Standards for Grades of Florida

Tangerines. The recommended revisions

would: Redefine terms to more clearly

reflect current cultural and marketing

practices; add and revise the grades so

as to make them uniform and consistent

with each other and other recently

revised U.S. grade standards; revise the

existing tolerances and the application

of tolerances from allowing specific

numbers of defective fruit to

percentages of defective fruit; revise the

size sections to give industry greater

flexibility in marketing and packaging

new varieties of fruit; and, delete

references to a visual aid which is no

longer available. 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 April 24,

1995.

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 2056

South Building, Washington, DC 20090–

6456. 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

the Agricultural Marketing Service

(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

Florida Grapefruit, U.S. Standards for

Grades of Florida Oranges and Tangelos,

and U.S. Standards for Grades of Florida

Tangerines 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. In

addition, under the Agricultural

Marketing Act of 1946, the use of these

standards is voluntary.

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 Florida Grapefruit, the United

States Standards for Grades of Florida

Oranges and Tangelos, and the United

States Standards for Grades of Florida

Tangerines were last revised in

December 1980. The Florida Citrus

Packers (FCP), which represents the

majority of citrus growers and packers

in Florida, have requested that the

standards be revised in order to bring

them into conformity with current

cultural, harvesting and marketing

practices. The FCP contends that due to

new improved varieties, that changes to

the current standards are necessary.

The main purpose of the proposal is

set forth in order to bring the standards

into conformity with current harvesting

and marketing practices. In addition, the

standards have been reviewed for need,

clarity, and effectiveness as part of a

periodic review. Accordingly, we

propose to amend the regulations as

discussed below.

Presently, in the U.S. Standards for

Grades of Florida Grapefruit, U.S.

Standards for Grades of Florida Oranges

and Tangelos, and U.S. Standards for

Grades of Florida Tangerines, the U.S

Fancy, U.S. No. 1, and U.S. No. 2 grades

are required to be ‘‘free from’’ bruises,

and the U.S. No. 3 grade is required to

be ‘‘free from very serious damage.’’

‘‘Free from’’ being any amount of

bruising would be scored against the

U.S. Fancy, U.S. No. 1 and U.S. No. 2

grades. However, it would have to be

‘‘free from very serious damage’’ to be

scored against the U.S. No. 3 grade.

There currently is no definition of very

serious damage by bruising in the

standards, and this may create

confusion in the marketplace. Therefore,

it is proposed to delete ‘‘free from’’

bruises and add ‘‘free from injury,’’

‘‘free from damage,’’ and, ‘‘free from

serious damage’’ to the U.S. Fancy, U.S.

No. 1 and U.S. No. 2 grades,

respectively (‘‘free from very serious

damage’’ will remain as it is currently

in the U.S. No. 3 grade). The terms will

be defined in the ‘‘classification of

defects’’ section. The definitions for

injury, damage, and serious damage by

bruising are the same due to the severity

of the defect, thereby, bruising will be

scored as serious damage when

‘‘segment walls are collapsed, or rag is

ruptured and juice sacs are ruptured,’’

and scored as very serious damage when

‘‘fruit is split open, peel is badly

watersoaked, or rag is ruptured and

juice sacs are ruptured causing a mushy

condition affecting all segments more

than 3/4 inch at bruised area or the

equivalent of this amount, by volume,

when affecting more than one area on

the fruit.’’

Currently, in the U.S. Standards for

Grades of Florida Grapefruit, and U.S.

Standards for Grades of Florida Oranges

and Tangelos, the U.S. Fancy, U.S. No.

1, U.S. No. 2, and U.S. No. 3 grades are

required to be ‘‘free from cuts not

healed.’’ It is proposed to delete this

requirement, and add the requirement

‘‘free from unhealed skin breaks’’ to the

above grades. This will encompass all

types of fresh skin breaks no matter

what the cause, and will create

uniformity among the three standards.

It is proposed to delete the ‘‘growth

crack’’ requirements from the U.S.

Fancy, U.S. No. 1, U.S. No. 2, and U.S.

No. 3 grades of Florida Grapefruit, and

Florida Oranges and Tangelos. Any

unhealed growth crack would be treated

as an ‘‘unhealed skin break,’’ and any

amount would be scored. Healed growth

cracks would be considered as a ‘‘scar’’

and scored based on the scar definitions

in the ‘‘classification of defects’’ section.
Federal Register / Vol. 60, No. 35 / Wednesday, February 22, 1995 / Proposed Rules 9991

This will also create more uniformity

among the three standards.

The U.S. No. 1 Bright, U.S. No. 1

Golden, and, U.S. No. 2 Bright grades

were added to the U.S. Standards for

Grades of Florida Tangerines in order to

give industry more flexibility in the

marketing of tangerines and to create

uniformity (the other standards already

have these grades included).

All of the grades in the U.S. Standards

for Grades of Florida Grapefruit, U.S.

Standards for Grades of Florida Oranges

and Tangelos, and U.S. Standards for

Grades of Florida Tangerines were put

in the same order for the purposes of

uniformity and ease of use. Also, grades

which previously referenced ‘‘Tables’’

for the allowable number of defective

fruit would be changed to percentages.

Currently, in the U.S. No. 1 Bronze

grades there is a requirement that ‘‘all

fruit must show some discoloration.’’ In

application, this means, that if one fruit

did not have any discoloration on it at

all, the whole load and/or lot would not

meet a U.S. No. 1 Bronze grade. This

requirement is too restrictive because

one fruit with no discoloration puts a

load and/or lot of citrus out of grade.

Therefore, it is proposed that ‘‘all fruit

must show some discoloration’’ be

deleted from the requirements of U.S.

No. 1 Bronze grades. However, at least

30 percent of the fruit shall have onethird of its surface affected by

discoloration, predominately rust mite

type, is still part of the requirements for

a U.S. No. 1 Bronze grade.

The definition of ‘‘poorly colored’’

was moved from the requirements of the

U.S. No. 3 grade in the U.S. Standards

for Grades of Florida Grapefruit, and

U.S. Standards for Grades of Florida

Oranges and Tangelos to the

‘‘definition’’ section to create greater

uniformity and consistency among the

Florida citrus standards.

The unclassified designations would

be eliminated in each standard because

it is not a grade 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 should be discontinued.

It is proposed that the tolerances for

defects and discoloration be determined

based on percentages rather than a

specific number of defective fruit, in

order to create greater ease of use within

the marketplace. Currently, if applicants

do not have a copy of the standards with

the table specifying the number of fruit

permitted in a load and/or lot, they will

not know if a load and/or lot of citrus

meets a specified grade. Therefore, these

percentages will create a more common

trading language, and greater uniformity

due to the fact that most of our current

standards are based on a percentage of

defects rather than number of defective

fruit permitted. Also, separate

tolerances for shipping point and en

route or at destination are included to

allow for more defects of a progressive

nature, consistent with perishability.

The current standards contain tables

specifying the total number of fruit

permitted in individual samples.

However, it is proposed that the

tolerances be changed from specific

number of defective fruit to percentages

of defective fruit, thereby eliminating

the existing tables. Therefore, it is

proposed that an ‘‘Application of

Tolerances’’ section be inserted in each

of the regulations to provide percentage

limitations of defective fruit in

individual samples. This is done to

create clarity and consistency among

other U.S. standards.

The FCP requested that the ‘‘Size’’

sections of the standards be revised to

allow greater flexibility in the packing

of numerous varieties of fruit in various

types and sizes of containers. It is

proposed that the ‘‘size’’ section be

revised as follows: ‘‘fruits shall be fairly

uniform in size and shall be packed in

containers according to approved and

recognized methods; fairly uniform in

size means that not more than 9 percent

of the grapefruit, 10 percent of the

oranges, tangelos, or tangerines, per

sample may vary more than one-half

inch in diameter; and, in order to allow

for variations incident to proper sizing,

not more than 10 percent of the samples

in any lot may fail to meet the

requirements of size.’’ ‘‘Approved and

recognized methods’’ means that the

fruit size will be determined at shipping

point using specific pack patterns in a

standard 4/5 bushel container, and that

containers shall be well filled. Well

filled being when at least one-half of the

top layer fruit is not more than one-half

inch below the top or two inches above

the top of the container. Each sample

would be allowed three grapefruit or

five oranges, tangelos, and tangerines to

vary more than one-half inch in

diameter within a sample and still meet

fairly uniform in size, provided that the

entire lot averages not more than ten

percent. If the lot does not meet these

requirements it would fail to meet the

size requirements, however, it could

still meet the grade requirements as

these are separate.

Definitions for ‘‘well colored,’’ ‘‘fairly

well colored,’’ ‘‘slightly colored,’’

‘‘reasonably well colored,’’ and ‘‘poorly

colored’’ would be revised to include

‘‘color characteristic for the variety’’ in

order to allow more flexibility in

marketing varieties of fruit with

different colors.

In the U.S. Standards for Grades of

Florida Grapefruit, the definitions for

‘‘smooth texture,’’ ‘‘fairly smooth

texture,’’ and ‘‘slightly rough texture’’

would be revised to include definitions

for thickness of skin. In the past there

was confusion as to what was

considered thin skin, fairly thin skin,

and slightly thick skin, however, with

definitions for these terms the confusion

would be alleviated.

The definitions for ‘‘green spots’’ in

the ‘‘classification of defects’’ section

are proposed to be aggregate areas

instead of number of spots. ‘‘Green

spots’’ are currently too restrictive, in

that they allow not more than 10 spots

for damage, and not more than 25 spots

for serious damage, regardless of the

size of the fruit. All of the other defects

in the standards vary with the size of

the fruit, larger areas allowed on larger

fruit and smaller areas allowed on

smaller fruit, therefore, this is too

stringent. It is proposed to determine

‘‘green spots’’ based on an aggregate

area; aggregate area being, clustering the

spots into the area specified for the

grade and commodity. If the ‘‘green

spots,’’ when clustered together are

outside of the specified area it will be

scored as a defect, keeping in mind that

larger areas are allowed on larger fruit

and smaller areas on smaller fruit. For

example, ‘‘green spots’’ on a 41⁄8 inch

diameter grapefruit, if they were

clustered into a circle of more than 3⁄4

inches, the ‘‘green spots’’ would be

considered damaged.

The definitions for ‘‘oil spotting’’ and

‘‘skin breakdown’’ in the ‘‘classification

of defects’’ sections in all standards are

being revised. The ‘‘oil spotting’’ would

be changed by deleting the number of

spots affected, which is thought to be

too restrictive for perfectly edible fruit;

and, increasing the aggregate area

allowed, in order to bring the

definitions into conformity with other

citrus standards. The definitions for

‘‘skin breakdown’’ would be revised to

bring them more in line with ‘‘oil

spotting,’’ as it is often difficult to

distinguish between ‘‘oil spotting’’ and

‘‘skin breakdown’’ in its early stages.

Due to the similarity in defects caused

by hail, thorn scratches, and scars, it is

proposed that the definitions in the

‘‘classification of defects’’ sections be

revised to score them all on the same

basis as ‘‘scars.’’ Although they will still

be described as ‘‘hail,’’ ‘‘thorn

scratches,’’ or ‘‘scars,’’ they will all be

scored on the same basis.

In the U.S. Standards for Grades of

Florida Grapefruit, because sprouted

seeds undermine the quality of fruit

regardless of whether the sprouts are

green or not, the ‘‘sprouting’’ definitions
9992 Federal Register / Vol. 60, No. 35 / Wednesday, February 22, 1995 / Proposed Rules

in the ‘‘classification of defects’’ section

would be revised by deleting reference

to ‘‘green’’ sprouts and revising the

allowable lengths for sprouts. However,

the FCP suggests that the sprouted seeds

should have an allowable length before

scoring them. Therefore, it is proposed

that: ‘‘not more than six seeds have

sprouts of more than 1⁄4 inch in length,

or more than 3 seeds with sprouts over

3⁄4 inch in length’’ for damage; ‘‘not

more than six seeds have sprouts of

more than 1⁄2 inch in length, or more

than 3 seeds with sprouts over 1 inch in

length’’ for serious damage; and, ‘‘not

more than six seeds have sprouts more

than 3⁄4 inch in length, or more than 3

seeds with sprouts over 11⁄4 inch in

length’’ for very serious damage.

The ‘‘Note’’ at the end of the

‘‘classification of defects’’ section

references the size of the fruit in which

to apply the aggregate area or length of

defects. Currently it references a specific

size fruit. However, due to the change

in the ‘‘size’’ section, the specific size

referenced would no longer be

applicable. Therefore, it is proposed that

the basis for scoring defects shall be

based on a fruit with a specific diameter

measurement; 41⁄8 inches in diameter for

grapefruit, 27⁄8 inches in diameter for

oranges and tangelos, and 21⁄2 inches in

diameter for tangerines.

Finally, the sections that reference the

visual aid would be deleted because

changes in some of the definition of

defects which would make certain parts

of the visual aid obsolete and because

the visual aids are no longer available.

List of Subjects in 7 CFR Part 51

Agricultural commodities, Food

grades and standards, Fruits, Nuts,

Reporting and recordkeeping

requirements, Vegetables.

PART 51—[AMENDED]

For reasons set forth in the preamble,

it is proposed that 7 CFR part 51 be

amended as follows:

1. The authority citation for 7 CFR

Part 51 continues to read as follows:

Authority: 7 U.S.C. 1622, 1624.

2. In Subpart—United States

Standards for Grades of Florida

Grapefruit is revised to read as follows:

Subpart—United States Standards for

Grades of Florida Grapefruit

Grades

Sec.

51.750 U.S. Fancy.

51.751 U.S. No. 1 Bright.

51.752 U.S. No. 1.

51.753 U.S. No. 1 Golden.

51.754 U.S. No. 1 Bronze.

51.755 U.S. No. 1 Russet.

51.756 U.S. No. 2 Bright.

51.757 U.S. No. 2.

51.758 U.S. No. 2 Russet.

51.759 U.S. No. 3.

Tolerances

51.760 Tolerances.

Application of Tolerances

51.761 Application of tolerances.

Sample for Grade Determination

51.762 Sample for grade determination.

Size

51.763 Size.

Definitions

51.764 Similar varietal characteristics.

51.765 Well colored.

51.766 Firm.

51.767 Well formed.

51.768 Mature.

51.769 Smooth texture.

51.770 Injury.

51.771 Discoloration.

51.772 Fairly well colored.

51.773 Fairly smooth texture.

51.774 Damage.

51.775 Fairly firm.

51.776 Slightly misshapen.

51.777 Slightly rough texture.

51.778 Serious damage.

51.779 Slightly colored.

51.780 Poorly colored.

51.781 Misshapen.

51.782 Slightly spongy.

51.783 Very serious damage.

51.784 Diameter.

51.785 Classification of defects.

Subpart—United States Standards for

Grades of Florida Grapefruit

Grades

§ 51.750 U.S. Fancy.

‘‘U.S. Fancy’’ consists of grapefruit

which meet the following requirements:

(a) Basic requirements:

(1) Discoloration. Not more than onetenth of the surface, in the aggregate,

may be affected by discoloration.

(See § 51.771.);

(2) Firm;

(3) Mature;

(4) Similar varietal characteristics;

(5) Smooth texture;

(6) Well colored; and,

(7) Well formed.

(b) Free from:

(1) Ammoniation;

(2) Buckskin;

(3) Caked melanose;

(4) Decay;

(5) Scab;

(6) Sprayburn;

(7) Unhealed skin breaks; and,

(8) Wormy fruit.

(c) Free from injury caused by:

(1) Bruises;

(2) Green spots;

(3) Oil spots;

(4) Scale;

(5) Scars;

(6) Skin breakdown; and,

(7) Thorn scratches.

(d) Free from damage caused by:

(1) Dirt or other foreign material;

(2) Disease;

(3) Dryness or mushy condition;

(4) Hail;

(5) Insects;

(6) Sprouting;

(7) Sunburn; and,

(8) Other means.

(e) For tolerances see § 51.760.

§ 51.751 U.S. No. 1 Bright.

The requirements for this grade are

the same as for U.S. No. 1 except that

no fruit may have more than one-fifth of

its surface, in the aggregate, affected by

discoloration. For tolerances see

§ 51.760.

§ 51.752 U.S. No. 1.

‘‘U.S. No. 1’’ consists of grapefruit

which meet the following requirements:

(a) Basic requirements:

(1) Discoloration. Not more than onethird of the surface, in the aggregate,

may be affected by discoloration.

(See § 51.771.);

(2) Fairly smooth texture;

(3) Fairly well colored;

(4) Firm;

(5) Mature;

(6) Similar varietal characteristics;

and,

(7) Well formed.

(b) Free from:

(1) Decay;

(2) Unhealed skin breaks; and,

(3) Wormy fruit.

(c) Free from damage caused by:

(1) Ammoniation;

(2) Bruises;

(3) Buckskin;

(4) Caked melanose;

(5) Dirt or other foreign material;

(6) Disease;

(7) Dryness or mushy condition;

(8) Green spots;

(9) Hail;

(10) Insects;

(11) Oil spots;

(12) Scab;

(13) Scale;

(14) Scars;

(15) Skin breakdown;

(16) Sprayburn;

(17) Sprouting;

(18) Sunburn;

(19) Thorn scratches; and,

(20) Other means.

(d) For tolerances see § 51.760.

§ 51.753 U.S. No. 1 Golden.

The requirements for this grade are

the same as for U.S. No. 1 except that

not more than 30 percent, by count, of

the fruit shall have more than one-third
Federal Register / Vol. 60, No. 35 / Wednesday, February 22, 1995 / Proposed Rules 9993

1Shipping point, as used in the standards in this

subpart, means the point of origin of the shipment

in the producing area or at port of loading for ship

stores or overseas shipment, or, in the case of

shipments from outside the continental United

States, the port of entry into the United States.

of their surface, in the aggregate,

affected by discoloration. For tolerances

see § 51.760.

§ 51.754 U.S. No. 1 Bronze.

The requirements for this grade are

the same as for U.S. No. 1 except that

at least 30 percent, by count, of the fruit

shall have more than one-third of their

surface, in the aggregate, affected by

discoloration. The predominating

discoloration on each of these fruits

shall be of rust mite type. For tolerances

see § 51.760.

§ 51.755 U.S. No. 1 Russet.

The requirements for this grade are

the same as for U.S. No. 1 except that

at least 30 percent, by count, of the fruit

shall have more than one-third of their

surface, in the aggregate, affected by any

type of discoloration. For tolerances see

§ 51.760.

§ 51.756 U.S. No. 2 Bright.

The requirements for this grade are

the same as for U.S. No. 2 except that

no fruit may have more than one-fifth of

its surface, in the aggregate, affected by

discoloration. For tolerances see

§ 51.760.

§ 51.757 U.S. No. 2.

‘‘U.S. No. 2’’ consists of grapefruit

which meet the following requirements:

(a) Basic requirements:

(1) Discoloration. Not more than onehalf of the surface, in the aggregate, may

be affected by discoloration.

(See § 51.771.)

(2) Fairly firm;

(3) Mature;

(4) Similar varietal characteristics;

(5) Slightly colored;

(6) Not more than slightly misshapen;

and,

(7) Not more than slightly rough

texture.

(b) Free from:

(1) Decay;

(2) Unhealed skin breaks; and,

(3) Wormy fruit.

(c) Free from serious damage caused

by:

(1) Ammoniation;

(2) Bruises;

(3) Buckskin;

(4) Caked melanose;

(5) Dirt or other foreign material;

(6) Disease;

(7) Dryness or mushy condition;

(8) Green spots;

(9) Hail;

(10) Insects;

(11) Oil spots;

(12) Scab;

(13) Scale;

(14) Scars;

(15) Skin breakdown;

(16) Sprayburn;

(17) Sprouting;

(18) Sunburn;

(19) Thorn scratches; and,

(20) Other means.

(d) For tolerances see § 51.760.

§ 51.758 U.S. No. 2 Russet.

The requirements for this grade are

the same as for U.S. No. 2 except that

at least 10 percent of the fruit shall have

more than one-half of their surface, in

the aggregate, affected by any type of

discoloration. For tolerances see

§ 51.760.

§ 51.759 U.S. No. 3.

‘‘U.S. No. 3’’ consists of grapefruit

which meet the following requirements:

(a) Basic requirements:

(1) Mature;

(2) Misshapen;

(3) Poorly colored;

(4) Rough texture, not seriously

bumpy;

(5) Similar varietal characteristics;

and,

(6) Slightly spongy.

(b) Free from:

(1) Decay;

(2) Unhealed skin breaks; and,

(3) Wormy fruit.

(c) Free from very serious damage

caused by:

(1) Ammoniation;

(2) Bruises;

(3) Buckskin;

(4) Caked melanose;

(5) Disease;

(6) Dryness or mushy condition;

(7) Hail;

(8) Insects;

(9) Oil spotting;

(10) Scab;

(11) Scale;

(12) Scars;

(13) Skin breakdown;

(14) Sprayburn;

(15) Sprouting;

(16) Sunburn; and,

(17) Other means.

(d) For tolerances see § 51.760.

Tolerances

§ 51.760 Tolerances.

In order to allow for variations

incident to proper grading and handling

in each of the foregoing grades, the

following tolerances, by count, are

provided as specified:

(a) Defects.

(1) U.S. Fancy, U.S. No. 1 Bright, U.S.

No. 1, U.S. No. 1 Golden, U.S. No. 1

Bronze, U.S. No. 1 Russet, U.S. No. 2

Bright, U.S. No. 2, and U.S. No. 2

Russet.

(i) For defects at shipping point 1. Not

more than 10 percent of the fruit in any

lot may fail to meet the requirements of

the specified grade: Provided, that

included in this amount not more than

5 percent shall be allowed for defects

causing very serious damage, including

in this latter amount not more than 1

percent for decay or wormy fruit.

(ii) For defects en route or at

destination. Not more than 12 percent of

the fruit which fail to meet the

requirements of the specified grade:

Provided, that included in this amount

not more than the following percentages

shall be allowed for defects listed:

(A) 10 percent for fruit having

permanent defects; or,

(B) 7 percent for defects causing very

serious damage, including therein not

more than 5 percent for very serious

damage by permanent defects and not

more than 3 percent for decay or wormy

fruit.

(2) U.S. No. 3.

(i) For defects at shipping point.1 Not

more than 10 percent of the fruit in any

lot may fail to meet the requirements of

the grade: Provided, that included in

this amount not more than 1 percent

shall be for decay or wormy fruit.

(ii) For defects en route or at

destination. Not more than 12 percent of

the fruit which fail to meet the

requirements of the grade: Provided,

that included in this amount not more

than the following percentages shall be

allowed for defects listed:

(A) 10 percent for fruit having

permanent defects; or,

(B) 3 percent for decay or wormy fruit.

(b) Discoloration.

(1) U.S. No. 1 Bright, U.S. No. 1, U.S.

No. 2 Bright, and U.S. No. 2. Not more

than 10 percent of the fruit in any lot

may fail to meet the requirements

relating to discoloration as specified in

each grade. No sample may have more

than 15 percent of the fruit with

excessive discoloration: And provided

further, that the entire lot averages

within percentage specified.

(2) U.S. No. 1 Golden. Not more than

30 percent of the fruit shall have in

excess of one-third of their surface, in

the aggregate, affected by discoloration,

and no part of any tolerance shall be

allowed to increase this percentage. No

sample may have more than 40 percent

of the fruit with excessive discoloration:

And provided further, that the entire lot

averages within the percentage

specified.

(3) U.S. No. 1 Bronze, and U.S. No. 1

Russet. At least 30 percent of the fruit

shall have in excess of one-third of the
9994 Federal Register / Vol. 60, No. 35 / Wednesday, February 22, 1995 / Proposed Rules

surface, in the aggregate, affected by

discoloration, and no part of any

tolerance shall be allowed to reduce this

percentage. No sample may have less

than 20 percent of the fruit with

required discoloration: And provided

further, that the entire lot averages

within the percentage specified.

(4) U.S. No. 2 Russet. At least 10

percent of the fruit shall have in excess

of one-half of the surface, in the

aggregate, affected by discoloration, and

no part of any tolerance shall be allowed

to reduce this percentage: And provided

further, that the entire lot averages

within the percentage specified.

Application of Tolerances

§ 51.761 Application of tolerances.

Individual samples are subject to the

following limitations, unless otherwise

specified in § 51.760. Individual

samples shall have not more than one

and one-half times a specified tolerance

of 10 percent or more, and not more

than double a specified tolerance less

than 10 percent: Provided, that at least

one decayed or wormy fruit may be

permitted in any package: And provided

further, that the averages for the entire

lot are within the tolerances specified

for the grade.

Sample for Grade Determination

§ 51.762 Sample for grade determination.

Each sample shall consist of 33 fruit.

When individual packages contain at

least 33 fruit, the sample is drawn from

one package; when individual packages

contain less than 33 fruit, a sufficient

number of adjoining packages are

opened to form a 33 fruit sample.

Size

§ 51.763 Size.

(a) Fruits shall be fairly uniform in

size and shall be packed in containers

according to approved and recognized

methods.

(b) ‘‘Fairly uniform in size’’ means

that not more than 9 percent of the

grapefruit per sample may vary more

than one-half inch in diameter.

(c) In order to allow for variations

incident to proper sizing, not more than

10 percent of the samples in any lot may

fail to meet the requirements of size.

Definitions

§ 51.764 Similar varietal characteristics.

Similar varietal characteristics means

that the fruits in any container are

similar in color and shape.

§ 51.765 Well colored.

Well colored means that the fruit has

characteristic color for the variety with

practically no trace of green color.

§ 51.766 Firm.

Firm means that the fruit is not soft,

or noticeably wilted or flabby, and the

skin is not spongy or puffy.

§ 51.767 Well formed.

Well formed means that the fruit has

the shape characteristic of the variety.

§ 51.768 Mature.

Mature shall have the same meaning

currently assigned the term in §§ 601.16,

601.17, and 601.18 of the Florida Citrus

Code of 1949, as amended (chs. 28090

and 29760, Laws of Florida, 1953 and

1955), or as the definition of such term

may hereafter be amended.

§ 51.769 Smooth texture.

Smooth texture means that the skin is

thin and smooth for the variety and size

of the fruit. ‘‘Thin’’ means that the skin

thickness does not average more than 3⁄8

inch (9.5 mm), on a central cross

section, on grapefruit 41⁄8 inches (104.8

mm) in diameter, allowing

proportionately greater areas on larger

fruit and lesser areas on smaller fruit.

§ 51.770 Injury.

Injury means any specific defect

described in § 51.785, Table I; or an

equally objectionable variation of any

one of these defects, any other defect, or

any combination of defects, which

slightly detracts from the appearance, or

the edible or marketing quality of the

fruit.

§ 51.771 Discoloration.

Discoloration means russeting of a

light shade of golden brown caused by

rust mite or other means. Lighter shades

of discoloration caused by smooth or

fairly smooth superficial scars or other

means may be allowed on a greater area,

or darker shades may be allowed on a

lesser area, provided no discoloration

caused by speck-type melanose or other

means may detract from the appearance

of the fruit to a greater extent than the

shade and amount of discoloration

allowed in the grade.

§ 51.772 Fairly well colored.

Fairly well colored means that except

for an aggregate area of green color

which does not exceed the area of a

circle 1 inch (25.4 mm) in diameter, the

characteristic color predominates over

the green color.

§ 51.773 Fairly smooth texture.

Fairly smooth texture means that the

skin is fairly thin and not coarse for the

variety and size of the fruit. ‘‘Fairly

thin’’ means that the skin thickness does

not average more than 1⁄2 inch (12.7

mm), on a grapefruit 41⁄8 inches (104.8

mm), allowing proportionately greater

areas on larger fruit and lesser areas on

smaller fruit.

§ 51.774 Damage.

Damage means any specific defect

described in § 51.785 Table I; or an

equally objectionable variation of any

one of these defects, any other defect, or

any combination of defects, which

materially detracts from the appearance,

or the edible or marketing quality of the

fruit.

§ 51.775 Fairly firm.

Fairly firm means that the fruit may

be slightly soft, but not bruised, and the

skin is not spongy or puffy.

§ 51.776 Slightly misshapen.

Slightly misshapen means that the

fruit has fairly good shape characteristic

of the variety and is not more than

slightly elongated or pointed or

otherwise deformed.

§ 51.777 Slightly rough texture.

Slightly rough texture means that the

skin may be slightly thick but not

excessively thick, materially ridged or

grooved. ‘‘Slightly thick’’ means that the

skin thickness does not average more

than 5⁄8 inch (15.9 mm), on a central

cross section, on a grapefruit 41⁄8 inches

(104.8 mm), allowing proportionately

greater areas on larger fruit and lesser

areas on smaller fruit.

§ 51.778 Serious damage.

Serious damage means any specific

defect described in § 51.785, Table I; or

an equally objectionable variation of any

one of these defects, any other defect, or

any combination of defects, which

seriously detracts from the appearance,

or the edible or marketing quality of the

fruit.

§ 51.779 Slightly colored.

Slightly colored means that except for

an aggregate area of green color which

does not exceed the area of a circle 2

inches (50.8 mm) in diameter, the fruit

surface shows some characteristic color.

§ 51.780 Poorly colored.

Poorly colored means that not more

than 25 percent of the surface may be

of a solid dark green color.

§ 51.781 Misshapen.

Misshapen means that the fruit is

decidedly elongated, pointed, or

flatsided.

§ 51.782 Slightly spongy.

Slightly spongy means that the fruit is

puffy or slightly wilted but not flabby.

§ 51.783 Very serious damage.

Very serious damage means any

specific defect in § 51.785, Table I; or an
Federal Register / Vol. 60, No. 35 / Wednesday, February 22, 1995 / Proposed Rules 9995

equally objectionable variation of any

one of these defects, any other defect, or

any combination of defects, which very

seriously detracts from the appearance,

or the edible or marketing quality of the

fruit.

§ 51.784 Diameter.

Diameter means the greatest

dimension measured at right angles to a

line from stem to blossom end.

§ 51.785 Classification of defects.

TABLE I

Factor Injury Damage Serious damage Very serious damage

Ammoniation ...................... ........................................... Not occurring as light

speck type.

Scars are cracked or dark

and aggregating more

than a circle 1 inch

(25.4 mm) in diameter.

Aggregating more than 25

percent of the surface.

Bruises ............................... Segment walls are collapsed, or rag is ruptured and juice sacs are

ruptured.

Segment walls are collapsed, or rag is ruptured and juice sacs are

ruptured.

Segment walls are collapsed, or rag is ruptured and juice sacs are

ruptured.

Fruit is split open, peel is

badly watersoaked, or

rag is ruptured and juice

sacs are ruptured causing a mushy condition

affecting all segments

more than 3⁄4 inch (19.1

mm) at bruised area or

the equivalent of this

amount, by volume,

when affecting more

than one area on the

fruit.

Buckskin ............................. ........................................... Aggregating more than a

circle 11⁄4 inches (31.8

mm) in diameter.

Aggregating more than 25

percent of the surface..

Aggregating more than 50

percent of the surface

Caked melanose ................ ........................................... Aggregating more than a

circle 3⁄4 inch (19.1mm)

in diameter.

Aggregating more than a

circle 1 inch (25.4 mm)

in diameter.

Aggregating more than 25

percent of the surface.

Dryness or mushy condition............................................ Affecting all segments

more than 1⁄4 inch (6.4

mm) at stem end, or the

equivalent of this

amount, by volume,

when occurring in other

portions of the fruit.

Affecting all segments

more than 1⁄2 inch (12.7

mm) at stem end, or the

equivalent of this

amount, by volume,

when occurring in other

portions of the fruit.

Affecting all segments

more than 3⁄4 inch (19.1

mm) at stem end, or the

equivalent of this

amount, by volume,

when occurring in other

portions of the fruit.

Green spots ....................... Aggregating more than a

circle 1⁄2 inch (12.7 mm)

in diameter, caused by

scale.

Aggregating more than a

circle 3⁄4 inch (19.1 mm)

in diameter, caused by

scale.

Aggregating more than a

circle 1 inch (25.4 mm)

in diameter, caused by

scale.

Aggregating more than 1⁄3

of the surface, caused

by scale.

Oil spots ............................. Aggregating more than a

circle 1⁄2 inch (12.7 mm)

in diameter.

Aggregating more than a

circle 1 inch (25.4 mm)

in diameter.

Aggregating more than a

circle 11⁄2 inches (38.1

mm) in diameter.

Aggregating more than 1⁄3

of the surface

Scab ................................... ........................................... Materially detracts from

the shape or texture, or

aggregating more than a

circle 3⁄4 inch (19.1 mm)

in diameter.

Seriously detracts from the

shape or texture, or aggregating more than a

circle 7⁄8 inch (22.2 mm)

in diameter.

Aggregating more than 25

percent of the surface.

Scale .................................. More than a few adjacent

to the ‘‘button’’ at the

stem end, or more than

6 scattered on other

portions of the fruit.

Blotch aggregating more

than a circle 3⁄4 inch

(19.1 mm) in diameter,

or occurring as a ring

more than a circle 11⁄4

inches (31.8 mm) in diameter.

Blotch aggregating more

than a circle 1 inch

(25.4 mm) in diameter,

or occurring as a ring

more than a circle 11⁄2

inches (38.1 mm) in diameter.

Aggregating more than 25

percent of the surface.

Scars, Hail, or Thorn

scratches.

Depressed, not smooth, or

detracts from appearance more than the

amount of discoloration

permitted in the grade.

Very deep or very rough

aggregating more than a

circle 1⁄2 inch (12.7 mm)

in diameter; deep or

rough aggregating more

than a circle 1 inch

(25.4 mm) in diameter;

slightly rough or of slight

depth aggregating more

than 10 percent of fruit

surface.

Very deep or very rough

aggregating more than a

circle 1 inch (25.4 mm)

in diameter; deep or

rough aggregating more

than 5 percent of fruit

surface; slight depth or

slightly rough aggregating more than 15 percent of fruit surface.

Very deep or very rough

or unsightly that appearance is very seriously

affected.

Skin breakdown ................. Aggregating more than a

circle 3⁄8 inch (9.5 mm)

in diameter.

Aggregating more than a

circle 3⁄4 inch (19.1 mm)

in diameter.

Aggregating more than a

circle 1 inch (25.4 mm)

in diameter.

Aggregating more than 25

percent of the surface.
9996 Federal Register / Vol. 60, No. 35 / Wednesday, February 22, 1995 / Proposed Rules

TABLE I—Continued

Factor Injury Damage Serious damage Very serious damage

Sprayburn .......................... ........................................... Aggregating more than a

circle 3⁄4 inch (19.1 mm)

in diameter.

Hard and aggregating

more than a circle 11⁄2

inches (38.1 mm) in diameter.

Aggregating more than 25

percent of the surface.

Sprouting ............................ ........................................... More than six seeds have

sprouts of more than 1⁄4

inch (6.4 mm) in length,

or more than 3 seeds

with sprouts over 3⁄4

inch (19.1 mm) in length.

More than six seeds have

sprouts of more than 1⁄2

inch (12.7 mm) in

length, or more than 3

seeds with sprouts over

1 inch (25.4 mm) in

length.

More than six seeds have

sprouts of more than 3⁄4

inch (19.1 mm) in

length, or more than 3

seeds with sprouts over

11⁄4 inches (31.8 mm) in

length.

Sunburn ............................. ........................................... Skin is flattened, dry, darkened, or hard and the

affected area exceeds

25 percent of the surface.

Skin is hard and affects

more than one-third of

the surface.

Aggregating more than 50

percent of the surface.

Note: References to area or aggregating area, or length are based on a grapefruit 41⁄8 inches (104.8 mm) in diameter.

3. Part 51, Subpart—United States

Standards for Grades of Florida Oranges

and Tangelos is revised to read as

follows:

Subpart—United States Standards for

Grades of Florida Oranges and

Tangelos

General

Sec.

51.1140 General.

Grades

51.1141 U.S.Fancy.

51.1142 U.S.No. 1 Bright.

51.1143 U.S.No. 1.

51.1144 U.S.No. 1 Golden.

51.1145 U.S.No. 1 Bronze.

51.1146 U.S.No. 1 Russet.

51.1147 U.S.No. 2 Bright.

51.1148 U.S.No. 2.

51.1149 U.S.No. 2 Russet.

51.1150 U.S.No. 3.

Tolerances

51.1151 Tolerances.

Application of Tolerances

51.1152 Application of tolerances.

Sample for Grade Determination

51.1153 Sample for grade determination.

Size

51.1154 Size.

Definitions

51.1155 Similar varietal characteristics.

51.1156 Well colored.

51.1157 Firm.

51.1158 Well formed.

51.1159 Mature.

51.1160 Smooth texture.

51.1161 Injury.

51.1162 Discoloration.

51.1163 Fairly smooth texture.

51.1164 Damage.

51.1165 Fairly well colored.

51.1166 Reasonably well colored.

51.1167 Poorly colored.

51.1168 Fairly firm.

51.1169 Slightly misshapen.

51.1170 Slightly rough texture.

51.1171 Serious damage.

51.1172 Misshapen.

51.1173 Slightly spongy.

51.1174 Very serious damage.

51.1175 Diameter.

51.1176 Classification of defects.

Standards for Internal Quality of Common

Sweet Oranges (Citrus Sinensis (L) Osbeck)

51.1177 U.S.Grade AA Juice (Double A).

51.1178 U.S.Grade A Juice.

51.1179 Maximum anhydrous citric

permissible for corresponding total

soluble solids.

51.1180 Method of juice extraction.

Subpart—United States Standards for

Grades of Florida Oranges and

Tangelos

General

§ 51.1140 General.

The standards contained in this

subpart apply only to the common or

sweet orange group and varieties and

hybrids of varieties belonging to the

Mandarin group, except tangerines, and

to the citrus fruit commonly known as

‘‘tangelo’’—a hybrid between tangerine

or mandarin orange (citrus reticulata)

with either the grapefruit or pomelo (C.

paradisi and C. grandis). Separate U.S.

standards apply to tangerines. The

standards for internal quality contained

in §§ 51.1177 through 51.1180 apply

only to common sweet oranges (citrus

sinensis (L) Osbeck).

Grades

§ 51.1141 U.S. Fancy.

‘‘U.S. Fancy’’ consists of oranges

which meet the following requirements:

(a) Basic requirements:

(1) Discoloration. Not more than onetenth of the surface, in the aggregate,

may be affected by discoloration. (See

§ 51.1162.);

(2) Firm;

(3) Mature;

(4) Similar varietal characteristics;

(5) Smooth texture;

(6) Well colored; and,

(7) Well formed.

(b) Free from:

(1) Ammoniation;

(2) Buckskin;

(3) Caked melanose;

(4) Creasing;

(5) Decay;

(6) Scab;

(7) Split navels;

(8) Sprayburn;

(9) Undeveloped segments;

(10) Unhealed skin breaks; and,

(11) Wormy fruit.

(c) Free from injury caused by:

(1) Bruises;

(2) Green spots;

(3) Oil spots;

(4) Rough, wide or protruding navels;

(5) Scale;

(6) Scars;

(7) Skin breakdown; and,

(8) Thorn scratches.

(d) Free from damage caused by:

(1) Dirt or other foreign material;

(2) Disease;

(3) Dryness or mushy condition;

(4) Hail;

(5) Insects;

(6) Riciness or woodiness;

(7) Sunburn; and,

(8) Other means.

(e) For tolerances see § 51.1151.

(f) Internal quality. Lots meeting the

internal requirements for ‘‘U.S. Grade

AA Juice (Double A)’’ or ‘‘U.S. Grade A

Juice’’ may be so specified in

connection with the grade. (See

§§ 51.1177 through 51.1180.)

§ 51.1142 U.S. No. 1 Bright.

The requirements for this grade are

the same as for U.S. No. 1 except that
Federal Register / Vol. 60, No. 35 / Wednesday, February 22, 1995 / Proposed Rules 9997

no fruit may have more than one-fifth of

its surface, in the aggregate, affected by

discoloration.

(a) For tolerances see § 51.1151.

(b) Internal quality. Lots meeting the

internal requirements for ‘‘U.S. Grade

AA Juice (Double A)’’ or ‘‘U.S. Grade A

Juice’’ may be so specified in

connection with the grade. (See

§§ 51.1177 through 51.1180.)

§ 51.1143 U.S. No. 1.

‘‘U.S. No. 1’’ consists of oranges

which meet the following requirements:

(a) Basic requirements:

(1) Color;

(i) Early and midseason varieties shall

be fairly well colored.

(ii) For Valencia and other late

varieties, not less than 50 percent, by

count, shall be fairly well colored and

the remainder reasonably well colored.

(2) Discoloration. Not more than onethird of the surface, in the aggregate,

may be affected by discoloration. (See

§ 51.1162.);

(3) Fairly smooth texture;

(4) Firm;

(5) Mature;

(6) Similar varietal characteristics;

and,

(7) Well formed.

(b) Free from:

(1) Decay;

(2) Unhealed skin breaks; and,

(3) Wormy fruit.

(c) Free from damage caused by:

(1) Ammoniation;

(2) Bruises;

(3) Buckskin;

(4) Caked melanose;

(5) Creasing;

(6) Dirt or other foreign material;

(7) Disease;

(8) Dryness or mushy condition;

(9) Green spots;

(10) Hail;

(11) Insects;

(12) Oil spots;

(13) Riciness or woodiness;

(14) Scab;

(15) Scale;

(16) Scars;

(17) Skin breakdown;

(18) Split, rough or protruding navels;

(19) Sprayburn;

(20) Sunburn;

(21) Thorn scratches; and,

(22) Other means.

(d) For tolerances see § 51.1151.

(e) Internal quality. Lots meeting the

internal requirements for ‘‘U.S. Grade

AA Juice (Double A)’’ or ‘‘U.S. Grade A

Juice’’ may be so specified in

connection with the grade. (See

§§ 51.1177 through 51.1180.)

§ 51.1144 U.S. No. 1 Golden.

The requirements for this grade are

the same as for U.S. No. 1 except that

not more than 30 percent, by count, of

the fruit shall have more than one-third

of their surface, in the aggregate,

affected by discoloration.

(a) For tolerances see § 51.1151.

(b) Internal quality. Lots meeting the

internal requirements for ‘‘U.S. Grade

AA Juice (Double A)’’ or ‘‘U.S. Grade A

Juice’’ may be so specified in

connection with the grade. (See

§§ 51.1177 through 51.1180.)

§ 51.1145 U.S. No. 1 Bronze.

The requirements for this grade are

the same as for U.S. No. 1 except at least

30 percent, by count, of the fruit shall

have more than one-third of their

surface, in the aggregate, affected by

discoloration. The predominating

discoloration on each fruit shall be of

rust mite type.

(a) For tolerances see § 51.1151.

(b) Internal quality. Lots meeting the

internal requirements for ‘‘U.S. Grade

AA Juice (Double A)’’ or ‘‘U.S. Grade A

Juice’’ may be so specified in

connection with the grade. (See

§§ 51.1177 through 51.1180.)

§ 51.1146 U.S. No. 1 Russet.

The requirements for this grade are

the same as for U.S. No. 1 except that

at least 30 percent, by count, of the fruit

shall have more than one-third of their

surface, in the aggregate, affected by any

type of discoloration.

(a) For tolerances see § 51.1151.

(b) Internal quality. Lots meeting the

internal requirements for ‘‘U.S. Grade

AA Juice (Double A)’’ or ‘‘U.S. Grade A

Juice’’ may be so specified in

connection with the grade. (See

§§ 51.1177 through 51.1180.)

§ 51.1147 U.S. No. 2 Bright.

The requirements for this grade are

the same as for U.S. No. 2 except that

no fruit may have more than one-fifth of

its surface, in the aggregate, affected by

discoloration.

(a) For tolerances see § 51.1151.

(b) Internal quality. Lots meeting the

internal requirements for ‘‘U.S. Grade

AA Juice (Double A)’’ or ‘‘U.S. Grade A

Juice’’ may be so specified in

connection with the grade. (See

§§ 51.1177 through 51.1180.)

§ 51.1148 U.S. No. 2.

‘‘U.S. No. 2’’ consists of oranges

which meet the following requirements:

(a) Basic requirements:

(1) Discoloration. Not more than onehalf of the surface, in the aggregate, may

be affected by discoloration. (See

§ 51.1162.)

(2) Fairly firm;

(3) Mature;

(4) Reasonably well colored;

(5) Similar varietal characteristics;

(6) Not more than slightly misshapen;

and,

(7) Not more than slightly rough

texture.

(b) Free from:

(1) Decay;

(2) Unhealed skin breaks; and,

(3) Wormy fruit.

(c) Free from serious damage caused

by:

(1) Ammoniation;

(2) Bruises;

(3) Buckskin;

(4) Caked melanose;

(5) Creasing;

(6) Dirt or other foreign material;

(7) Disease;

(8) Dryness or mushy condition;

(9) Green spots;

(10) Hail;

(11) Insects;

(12) Oil spots;

(13) Riciness or woodiness;

(14) Scab;

(15) Scale;

(16) Scars;

(17) Skin breakdown;

(18) Split, rough or protruding navels;

(19) Sprayburn;

(20) Sunburn;

(21) Thorn scratches; and,

(22) Other means.

(d) For tolerances see § 51.1151.

(e) Internal quality: Lots meeting the

internal requirements for ‘‘U.S. Grade

AA Juice (Double A)’’ or ‘‘U.S. Grade A

Juice’’ may be so specified in

connection with the grade. (See

§§ 51.1177 through 51.1180.)

§ 51.1149 U.S. No. 2 Russet.

The requirements for this grade are

the same as for U.S. No. 2 except that

at least 10 percent of the fruit shall have

more than one-half of their surface, in

the aggregate, affected by any type of

discoloration.

(a) For tolerances see § 51.1151.

(b) Internal quality. Lots meeting the

internal requirements for ‘‘U.S. Grade

AA Juice (Double A)’’ or ‘‘U.S. Grade A

Juice’’ may be so specified in

connection with the grade. (See

§§ 51.1177 through 51.1180.)

§ 51.1150 U.S. No. 3.

‘‘U.S. No. 3’’ consists of oranges

which meet the following requirements:

(a) Basic requirements:

(1) Mature;

(2) Misshapen;

(3) Poorly colored;

(4) Rough texture, not seriously

lumpy;

(5) Similar varietal characteristics;

and,

(6) Slightly spongy.

(b) Free from:
9998 Federal Register / Vol. 60, No. 35 / Wednesday, February 22, 1995 / Proposed Rules

1Shipping point, as used in the standards in this

subpart, means the point of origin of the shipment

in the producing area or at port of loading for ship

stores or overseas shipment, or, in the case of

shipments from outside the continental United

States, the port of entry into the United States.

(1) Decay;

(2) Unhealed skin breaks; and,

(3) Wormy fruit.

(c) Free from very serious damage

caused by:

(1) Ammoniation;

(2) Bruises;

(3) Buckskin;

(4) Caked melanose;

(5) Creasing;

(6) Disease;

(7) Dryness or mushy condition;

(8) Hail;

(9) Insects;

(10) Riciness or woodiness;

(11) Scab;

(12) Scale;

(13) Scars;

(14) Skin breakdown;

(15) Split navels;

(16) Sprayburn;

(17) Sunburn; and,

(18) Other means.

(d) For tolerances see § 51.1151.

(e) Internal quality. Lots meeting the

internal requirements for ‘‘U.S. Grade

AA Juice (Double A)’’ or ‘‘U.S. Grade A

Juice’’ may be so specified in

connection with the grade. (See

§§ 51.1177 through 51.1180.)

Tolerances

§ 51.1151 Tolerances.

In order to allow for variations

incident to proper grading and handling

in each of the foregoing grades, the

following tolerances, by count, are

provided as specified:

(a) Defects.

(1) U.S. Fancy, U.S. No. 1 Bright, U.S.

No. 1, U.S. No. 1 Golden, U.S. No. 1

Bronze, U.S. No. 1 Russet, U.S. No. 2

Bright, U.S. No. 2, and U.S. No. 2 Russet

grades.

(i) For defects at shipping point.1 Not

more than 10 percent of the fruit in any

lot may fail to meet the requirements of

the specified grade: Provided, that

included in this amount not more than

5 percent shall be allowed for defects

causing very serious damage, including

in this latter amount not more than 1

percent for decay or wormy fruit.

(ii) For defects en route or at

destination. Not more than 12 percent of

the fruit which fail to meet the

requirements of the specified grade:

Provided, that included in this amount

not more than the following percentages

shall be allowed for defects listed:

(A) 10 percent for fruit having

permanent defects; or,

(B) 7 percent for defects causing very

serious damage, including therein not

more than 5 percent for very serious

damage by permanent defects and not

more than 3 percent for decay or wormy

fruit.

(2) U.S. No. 3.

(i) For defects at shipping point.1 Not

more than 10 percent of the fruit in any

lot may fail to meet the requirements of

the grade: Provided, that included in

this amount not more than 1 percent

shall be for decay or wormy fruit.

(ii) For defects en route or at

destination. Not more than 12 percent of

the fruit which fail to meet the

requirements of the grade: Provided,

that included in this amount not more

than the following percentages shall be

allowed for defects listed:

(A) 10 percent for fruit having

permanent defects; or,

(B) 3 percent for decay or wormy fruit.

(b) Discoloration.

(1) U.S. No. 1 Bright, U.S. No. 1, U.S.

No. 2 Bright, and U.S. No. 2. Not more

than 10 percent of the fruit in any lot

may fail to meet the requirements

relating to discoloration as specified in

each grade. No sample may have more

than 15 percent of the fruit with

excessive discoloration: And provided

further, that the entire lot averages

within the percentage specified.

(2) U.S. No. 1 Golden. Not more than

30 percent of the fruit shall have in

excess of one-third of their surface, in

the aggregate, and no part of any

tolerance shall be allowed to increase

this percentage. No sample may have

more than 40 percent of the fruit with

excessive discoloration: And provided

further, that the entire lot averages

within the percentage specified.

(3) U.S. No. 1 Bronze, and U.S. No. 1

Russet. At least 30 percent of the fruit

shall have in excess of one-third of the

surface, in the aggregate, affected by

discoloration, and no part of any

tolerance shall be allowed to reduce this

percentage. No sample may have less

than 20 percent of the fruit with

required discoloration: And provided

further, that the entire lot averages

within the percentage specified.

(4) U.S. No. 2 Russet. At least 10

percent of the fruit shall have in excess

of one-half of the surface, in the

aggregate, affected by discoloration, and

no part of any tolerance shall be allowed

to reduce this percentage: And provided

further, that the entire lot averages

within the percentage specified.

Application of Tolerances

§ 51.1152 Application of tolerances.

Individual samples are subject to the

following limitations, unless otherwise

specified in § 51.1151: Provided, that

individual samples shall have not more

than one and one-half times a specified

tolerance of 10 percent or more, and not

more than double a specified tolerance

of less than 10 percent: And provided

further, that the averages for the entire

lot are within the tolerances specified

for the grade.

Sample For Grade Determination

§ 51.1153 Sample for grade determination.

Each sample shall consist of 50 fruit.

When individual packages contain at

least 50 fruit, the sample is drawn from

one package; when individual packages

contain less than 50 fruit, a sufficient

number of adjoining packages are

opened to form a 50 fruit sample.

Size

§ 51.1154 Size.

(a) Fruits shall be fairly uniform in

size and shall be packed in containers

according to approved and recognized

methods.

(b) ‘‘Fairly uniform in size’’ means

that not more than 10 percent of the

oranges per sample may vary more than

one-half inch in diameter.

(c) In order to allow for variations

incident to proper sizing, not more than

10 percent of the samples in any lot may

fail to meet the requirements of size.

Definitions

§ 51.1155 Similar varietal characteristics.

Similar varietal characteristics means

that the fruits in any container are

similar in color and shape.

§ 51.1156 Well colored.

Well colored as applied to common

oranges and tangelos means that the

fruit has characteristic color for the

variety with practically no trace of green

color.

§ 51.1157 Firm.

Firm as applied to common oranges

and tangelos means that the fruit is not

soft, or noticeably wilted or flabby; as

applied to oranges of the Mandarin

group (Satsumas, King, Mandarin),

‘‘firm’’ means that the fruit is not

extremely puffy, although the skin may

be slightly loose.

§ 51.1158 Well formed.

Well formed means that the fruit has

the shape characteristic of the variety.

§ 51.1159 Mature.

(a) Mature for other than Temple

oranges shall have the same meaning

currently assigned that term in section

601.19 and 601.20 of the Florida Citrus

Code of 1949, as amended (ch. 25149,

Laws of Florida, 1949), or as the
Federal Register / Vol. 60, No. 35 / Wednesday, February 22, 1995 / Proposed Rules 9999

definition of such term may hereafter be

amended;

(b) Mature for Temple oranges shall

have the same meaning currently

assigned that term in sections 601.21

and 601.22 of the Florida Citrus Code of

1949, as amended (ch. 26492, Laws of

Florida, 1951), or as the definition of

such term may hereafter be amended;

and,

(c) Mature for Tangelos shall have the

same meaning currently assigned that

term in section 601.231 and 601.232 of

the Florida Citrus Code of 1949, as

amended (ch. 29757, Laws of Florida,

1955), or as the definition of such term

may hereafter be amended.

§ 51.1160 Smooth texture.

Smooth texture means that the skin is

thin and smooth for the variety and size

of the fruit.

§ 51.1161 Injury.

Injury means any specific defect

described in § 51.1176, Table I; or an

equally objectionable variation of any

one of these defects, any other defect, or

any combination of defects which

slightly detracts from the appearance, or

the edible or marketing quality of the

fruit.

§ 51.1162 Discoloration.

Discoloration means russeting of a

light shade of golden brown caused by

rust mite or other means. Lighter shades

of discoloration caused by smooth or

fairly smooth superficial scars or other

means may be allowed on a greater area,

or darker shades may be allowed on a

lesser area, provided no discoloration

caused by speck type melanose or other

means may detract from the appearance

of the fruit to a greater extent than the

shade and amount of discoloration

allowed for the grade.

§ 51.1163 Fairly smooth texture.

Fairly smooth texture means that the

skin is fairly thin and not coarse for the

variety and size of the fruit.

§ 51.1164 Damage.

Damage means any specific defect

described in § 51.1176, Table I; or an

equally objectionable variation of any

one of these defects, any other defect, or

any combination of defects, which

materially detracts from the appearance,

or the edible or marketing quality of the

fruit.

§ 51.1165 Fairly well colored.

Fairly well colored as applied to

common oranges and tangelos means

that except for an aggregate area of green

color which does not exceed the area of

a circle 1 inch (25.4 mm) in diameter,

the characteristic color predominates

over the green color.

§ 51.1166 Reasonably well colored.

Reasonably well colored as applied to

common oranges means that the

characteristic color predominate over

the green color on at least two-thirds of

the fruit surface, in the aggregate.

§ 51.1167 Poorly colored.

Poorly colored as applied to common

oranges means that not more than 25

percent of the surface may be solid dark

green color.

§ 51.1168 Fairly firm.

Fairly firm as applied to common

oranges and tangelos, means that the

fruit may be slightly soft, but not

bruised; as applied to oranges of the

Mandarin group (Satsumas, King,

Mandarin), means that the skin of the

fruit is not extremely puffy or extremely

loose.

§ 51.1169 Slightly misshapen.

Slightly misshapen means that the

fruit is not of the shape characteristic of

the variety but is not appreciably

elongated or pointed or otherwise

deformed.

§ 51.1170 Slightly rough texture.

Slightly rough texture means that the

skin is not of smooth texture but is not

materially ridged, grooved, or wrinkled.

§ 51.1171 Serious damage.

Serious damage means any specific

defect described in § 51.1176, Table I; or

an equally objectionable variation of any

one of these defects, any other defect, or

any combination of defects, which

seriously detracts from the appearance,

or the edible or marketing quality of the

fruit.

§ 51.1172 Misshapen.

Misshapen means that the fruit is

decidedly elongated, pointed or

flatsided.

§ 51.1173 Slightly spongy.

Slightly spongy means that the fruit is

puffy or slightly wilted but not flabby.

§ 51.1174 Very serious damage.

Very serious damage means any

specific defect described in § 51.1176,

Table I; or an equally objectionable

variation of any one of these defects,

any other defect, or any combination of

defects, which very seriously detracts

from the appearance, or the edible or

marketing quality of the fruit.

§ 51.1175 Diameter.

Diameter means the greatest

dimension measured at right angles to a

line from stem to blossom end.

§ 51.1176 Classification of defects.

TABLE I

Factor Injury Damage Serious damage Very serious damage

Ammoniation ...................... ...................................... Not occurring as light

speck type.

Scars are cracked or dark

and aggregating more

than a circle 3⁄4 inch

(19.1 mm) in diameter.

Aggregating more than 25

percent of the surface.

Bruises ............................... Segment walls are collapsed, or rag is ruptured and juice sacs are

ruptured.

Segment walls are collapsed, or rag is ruptured and juice sacs are

ruptured.

Segment walls are collapsed, or rag is ruptured and juice sacs are

ruptured.

Fruit is split open, peel is

badly watersoaked, or

rag is ruptured and juice

sacs are ruptured causing a mushy condition

affecting all segments

more than 3⁄4 inch (19.1

mm) at bruised area or

the equivalent of this

amount, by volume,

when affecting more

than one area on the

fruit.
10000 Federal Register / Vol. 60, No. 35 / Wednesday, February 22, 1995 / Proposed Rules

TABLE I—Continued

Factor Injury Damage Serious damage Very serious damage

Buckskin ............................. ...................................... Aggregating more than a

circle 1 inch (25.4 mm)

in diameter.

Aggregating more than 25

percent of the surface.

Aggregating more than 50

percent of the surface.

Caked melanose ................ ...................................... Aggregating more than a

circle 5⁄8 inch (15.9 mm)

in diameter.

Aggregating more than a

circle 3⁄4 inch (19.1 mm)

in diameter.

Aggregating more than 25

percent of the surface.

Creasing ............................. ...................................... Materially weakens the

skin, or extends over

more than one-third of

the surface.

Seriously weakens the

skin, or extends over

more than one-half of

the surface.

Very seriously weakens

the skin, or is distributed

over practically the entire surface.

Dryness or mushy condition....................................... Affecting all segments

more than 1⁄4 inch (6.4

mm) at stem end, or the

equivalent of this

amount, by volume,

when occurring in other

portions of the fruit.

Affecting all segments

more than 1⁄2 inch (12.7

mm) at stem end, or the

equivalent of this

amount, by volume,

when occurring in other

portions of the fruit.

Affecting all segments

more than 3⁄4 inch (19.1

mm) at stem end, or the

equivalent of this

amount, by volume,

when occurring in other

portions of the fruit.

Green spots ....................... Aggregating more than a

circle 3⁄8 inch (9.5 mm)

in diameter, caused by

scale.

Aggregating more than a

circle 5⁄8 inch (15.9 mm)

in diameter, caused by

scale.

Aggregating more than a

circle 7⁄8 inch (22.2 mm)

in diameter, caused by

scale.

Aggregating more than 1⁄3

of the surface, caused

by scale.

Oil spots ............................. Aggregating more than a

circle 3⁄8 inch (9.5 mm)

in diameter.

Aggregating more than a

circle 7⁄8 inch (22.2 mm)

in diameter.

Aggregating more than a

circle 11⁄4 inches (31.8

mm) in diameter.

Aggregating more than 1⁄3

of the surface.

Scab ................................... ...................................... Materially detracts from

the shape or texture, or

aggregating more than a

circle 5⁄8 inch (15.9 mm)

in diameter.

Seriously detracts from the

shape or texture, or aggregating more than a

circle 3⁄4 inch (19.1 mm)

in diameter.

Aggregating more than 25

percent of the surface.

Scale .................................. More than a few adjacent

to the ‘‘button’’ at the

stem end, or more than

6 scattered on other

portions of the fruit.

Aggregating more than a

circle 5⁄8 inch (15.9 mm)

in diameter.

Aggregating more than a

circle 3⁄4 inch (19.1 mm)

in diameter.

Aggregating more than 25

percent of the surface.

Scars, hail, or thorn

scratches.

Depressed, not smooth, or

detracts from appearance more than the

amount of discoloration

permitted in the grade.

Deep or rough aggregating

more than a circle 1⁄4

inch (6.4 mm) in diameter; slightly rough with

slight depth aggregating

more than a circle 7⁄8

inch (22.2 mm) in diameter; smooth or fairly

smooth with slight depth

aggregating more than a

circle 11⁄4 inches (31.8.

mm) in diameter.

Deep or rough aggregating

more than a circle 1⁄2

inch (12.7 mm) in diameter; slightly rough with

depth aggregating more

than a circle 11⁄4 inches

(31.8 mm) in diameter;

smooth or fairly smooth

with slightly depth aggregating more than 10

percent of fruit surface.

Deep or rough or unsightly

that appearance is very

seriously affected.

Skin breakdown ................. Aggregating more than a

circle 1⁄4 inch (6.4 mm)

in diameter.

Aggregating more than a

circle 1⁄2 inch (12.7 mm)

in diameter.

Aggregating more than a

circle 7⁄8 inch (22.2 mm)

in diameter.

Aggregating more than 25

percent of the surface.

Sprayburn .......................... ...................................... Aggregating more than a

circle 5⁄8 inch (15.9 mm)

in diameter.

Hard and aggregating

more than a circle 11⁄2

inches (38.1 mm) in diameter.

Aggregating more than 25

percent of the surface

Split, rough, protruding navels.Split is unhealed, or more

than 1⁄8 inch (3.2 mm) in

length, or navel protrudes beyond the general contour, and opening is so wide, folded

and ridged that it detracts from the appearance.

Split is unhealed, or more

than 1⁄4 inch (6.4 mm) in

length, or more than

three well healed splits,

or navel protrudes beyond the general contour, and opening is so

wide, folded and ridged

that it detracts from appearance.

Split is unhealed, or more

than 1⁄2 inch (12.7 mm)

in length, or two or more

splits aggregate more

than 1 inch (25.4 mm) in

length, or navel protrudes beyond general

contour, and opening is

so wide, folded and

ridged that it detracts

from appearance.

Split is unhealed or fruit is

seriously weakened

Sunburn ............................. ...................................... Skin is flattened, dry, darkened, or hard and the

affected area exceeds

25 percent of the surface.

Skin is hard and affects

more than one-third of

the surface.

Aggregating more than 50

percent of the surface.

Note: References to area or aggregating area, or length are based on an orange or tangelo 27⁄8 inches (73.0 mm) in diameter.
Federal Register / Vol. 60, No. 35 / Wednesday, February 22, 1995 / Proposed Rules 10001

Standards For Internal Quality of

Common Sweet Oranges (Citrus

Sinensis (L) Osbeck)

§ 51.1177 U.S. Grade AA Juice (Double A).

Any lot of oranges, the juice content

of which meets the following

requirements, may be designated ‘‘U.S.

Grade AA Juice (Double A)’’:

(a) Each lot of fruit shall contain an

average of not less than 5 gallons (18.9

liters) of juice per standard packed box

of 13⁄5 bushels.

(b) The average juice content for any

lot of fruit shall have not less than 10

percent total soluble solids, and not less

than one-half of 1 percent anhydrous

citric acid, or more than the permissible

maximum acid specified in Table II of

§ 51.1179.

§ 51.1178 U.S. Grade A Juice.

Any lot of oranges, the juice content

of which meets the following

requirements, may be designated ‘‘U.S.

Grade A Juice’’:

(a) Each lot of fruit shall contain an

average of not less than 41⁄2 gallons (17.0

liters) of juice per standard packed box

of 13⁄5 bushels.

(b) The average juice content for any

lot of fruit shall have not less than 9

percent total soluble solids, and not less

than one-half of 1 percent anhydrous

citric acid, or more than the permissible

maximum acid specified in Table II of

§ 51.1179.

§ 51.1179 Maximum anhydrous citric acid

permissible for corresponding total soluble

solids.

For determining the grade of juice, the

maximum permissible anhydrous citric

acid content in relation to

corresponding total soluble solids in the

fruit is set forth in the following Table

II together with the minimum ratio of

total soluble solids to anhydrous citric

acid:

TABLE II

Total soluble solids (average pct)

Maximum

anhydrous

citric acid

(average

pct)

Minimum

ratio of total

soluble solids to anhydrous citric

acid

9.0 ..................... 0.947 9.50–1

9.1 ..................... .963 9.45–1

9.2 ..................... .979 9.40–1

9.3 ..................... .995 9.35–1

9.4 ..................... 1.011 9.30–1

9.5 ..................... 1.027 9.25–1

9.6 ..................... 1.043 9.20–1

9.7 ..................... 1.060 9.15–1

9.8 ..................... 1.077 9.10–1

9.9 ..................... 1.094 9.05–1

10.0 ................... 1.111 9.00–1

10.1 ................... 1.128 8.95–1

10.2 ................... 1.146 8.90–1

TABLE II—Continued

Total soluble solids (average pct)

Maximum

anhydrous

citric acid

(average

pct)

Minimum

ratio of total

soluble solids to anhydrous citric

acid

10.3 ................... 1.164 8.85–1

10.4 ................... 1.182 8.80–1

10.5 ................... 1.200 8.75–1

10.6 ................... 1.218 8.70–1

10.7 ................... 1.237 8.65–1

10.8 ................... 1.256 8.60–1

10.9 ................... 1.275 8.55–1

11.0 ................... 1.294 8.50–1

11.1 ................... 1.306 8.50–1

11.2 ................... 1.318 8.50–1

11.3 ................... 1.329 8.50–1

11.4 ................... 1.341 8.50–1

11.5 ................... 1.353 8.50–1

11.6 ................... 1.365 8.50–1

11.7 ................... 1.376 8.50–1

11.8 ................... 1.388 8.50–1

11.9 ................... 1.400 8.50–1

12.0 ................... 1.412 8.50–1

12.1 ................... 1.424 8.50–1

12.2 ................... 1.435 8.50–1

12.3 ................... 1.447 8.50–1

12.4 ................... 1.459 8.50–1

12.5 ................... 1.471 8.50–1

12.6 ................... 1.482 8.50–1

12.7 ................... 1.494 8.50–1

12.8 ................... 1.506 8.50–1

12.9 ................... 1.517 8.50–1

13.0 ................... 1.530 8.50–1

13.1 ................... 1.541 8.50–1

13.2 ................... 1.553 8.50–1

13.3 ................... 1.565 8.50–1

13.4 ................... 1.576 8.50–1

13.5 ................... 1.588 8.50–1

13.6 ................... 1.600 8.50–1

13.7 ................... 1.612 8.50–1

13.8 ................... 1.624 8.50–1

13.9 ................... 1.635 8.50–1

14.0 ................... 1.647 8.50–1

14.1 ................... 1.659 8.50–1

14.2 ................... 1.671 8.50–1

14.3 ................... 1.682 8.50–1

14.4 ................... 1.694 8.50–1

14.5 ................... 1.705 8.50–1

14.6 ................... 1.718 8.50–1

14.7 ................... 1.729 8.50–1

14.8 ................... 1.741 8.50–1

14.9 ................... 1.753 8.50–1

15.0 ................... 1.765 8.50–1

15.1 ................... 1.776 8.50–1

15.2 ................... 1.788 8.50–1

15.3 ................... 1.800 8.50

15.4 ................... 1.812 8.50–1

15.5 ................... 1.824 8.50–1

15.6 or more ..... 8.50–1

§ 51.1180 Method of juice extraction.

The juice used in the determining of

solids, acids and juice content shall be

extracted from representative samples as

thoroughly as possible with a hand

reamer or by such mechanical extractor

or extractors as may be approved. The

juice shall be strained through cheese

cloth or other approved straining device

of extra fine mesh to prevent passage of

juice cells, pulp, or seeds.

4. Part 51, Subpart—United States

Standards for Grades of Florida

Tangerines is revised to read as follows:

Subpart—United States Standards for

Grades of Florida Tangerines

Grades

Sec.

51.1810 U.S. Fancy.

51.1811 U.S. No. 1 Bright.

51.1812 U.S. No. 1.

51.1813 U.S. No. 1 Golden.

51.1814 U.S. No. 1 Bronze.

51.1815 U.S. No. 1 Russet.

51.1816 U.S. No. 2 Bright.

51.1817 U.S. No. 2.

51.1818 U.S. No. 2 Russet.

51.1819 U.S. No. 3.

Tolerances

51.1820 Tolerances.

Application of Tolerances

51.1821 Application of tolerances.

Sample for Grade Determination

51.1822 Sample for grade determination.

Size

51.1823 Size.

Definitions

51.1824 Mature.

51.1825 Firm.

51.1826 Well formed.

51.1827 Damage.

51.1828 Highly colored.

51.1829 Discoloration.

51.1830 Well colored.

51.1831 Fairly well colored.

51.1832 Fairly firm.

51.1833 Fairly well formed.

51.1834 Serious damage.

51.1835 Reasonably well colored.

51.1836 Very serious damage.

51.1837 Diameter.

51.1838 Classification of defects.

Subpart—United States Standards for

Grades of Florida Tangerines

§ 51.1810 U.S. Fancy.

‘‘U.S. Fancy’’ consists of tangerines

which meet the following requirements:

(a) Basic requirements:

(1) Discoloration. Not more than onetenth of the surface, in the aggregate,

may be affected by discoloration. (See

§ 51.1829.);

(2) Firm;

(3) Highly colored;

(4) Mature; and,

(5) Well formed.

(b) Free from:

(1) Caked melanose;

(2) Decay;

(3) Unhealed skin breaks; and,

(4) Wormy fruit.

(c) Free from damage caused by:

(1) Ammoniation;

(2) Bruises;

(3) Buckskin;

(4) Creasing;
10002 Federal Register / Vol. 60, No. 35 / Wednesday, February 22, 1995 / Proposed Rules

1Shipping point, as used in the standards in this

subpart, means the point of origin of the shipment

in the producing area or at port of loading for ship

stores or overseas shipment, or, in the case of

shipments from outside the continental United

States, the port of entry into the United States.

(5) Dirt or other foreign material;

(6) Dryness or mushy condition;

(7) Disease;

(8) Green spots;

(9) Hail;

(10) Insects;

(11) Oil spots;

(12) Scab;

(13) Scale;

(14) Scars;

(15) Skin breakdown;

(16) Sprayburn;

(17) Sunburn; and,

(18) Other means.

(d) For tolerances see § 51.1820.

§ 51.1811 U.S. No. 1 Bright.

The requirements for this grade are

the same as for U.S. No. 1 except that

no fruit may have more than one-fifth of

its surface, in the aggregate, affected by

discoloration. For tolerances see

§ 51.1820.

§ 51.1812 U.S. No. 1.

‘‘U.S. No. 1’’ consists of tangerines

which meet the following requirements:

(a) Basic requirements:

(1) Discoloration. Not more than onethird of the surface, in the aggregate,

may be affected by discoloration. (See

§ 51.1829.);

(2) Fairly well colored;

(3) Firm;

(4) Mature; and,

(5) Well formed.

(b) Free from:

(1) Decay;

(2) Unhealed skin breaks; and,

(3) Wormy fruit.

(c) Free from damage caused by:

(1) Ammoniation;

(2) Bruises;

(3) Buckskin;

(4) Caked melanose;

(5) Creasing;

(6) Dirt or other foreign material;

(7) Disease;

(8) Dryness or mushy condition;

(9) Green spots;

(10) Hail;

(11) Insects;

(12) Oil spots;

(13) Scab;

(14) Scale;

(15) Scars;

(16) Skin breakdown;

(17) Sprayburn;

(18) Sunburn; and,

(19) Other means.

(d) For tolerances see § 51.1820.

§ 51.1813 U.S. No. 1 Golden.

The requirements for this grade are

the same as for U.S. No. 1 except that

not more than 30 percent, by count, of

the fruit shall have more than one-third

of their surface, in the aggregate,

affected by discoloration. For tolerances

see § 51.1820.

§ 51.1814 U.S. No. 1 Bronze.

The requirements for this grade are

the same as for U.S. No. 1 except that

at least 30 percent, by count, of the fruit

shall have more than one-third of their

surface, in the aggregate, affected by

discoloration. The predominating

discoloration on each fruit shall be of

rust mite type. For tolerances see

§ 51.1820.

§ 51.1815 U.S. No. 1 Russet.

The requirements for this grade are

the same as for U.S. No. 1 except that

at least 30 percent, by count, of the fruit

shall have more than one-third of their

surface, in the aggregate, affected by any

type of discoloration. For tolerances see

§ 51.1820.

§ 51.1816 U.S. No. 2 Bright.

The requirements for this grade are

the same as for U.S. No. 2 except that

no fruit may have more than one-fifth of

its surface, in the aggregate, affected by

discoloration. For tolerances see

§ 51.1820.

§ 51.1817 U.S. No. 2.

‘‘U.S. No. 2’’ consists of tangerines

which meet the following requirements:

(a) Basic requirements:

(1) Discoloration. Not more than onehalf of the surface, in the aggregate, may

be affected by discoloration. (See

§ 51.1829.);

(2) Fairly firm;

(3) Fairly well formed;

(4) Mature; and,

(5) Reasonably well colored.

(b) Free from:

(1) Decay;

(2) Unhealed skin breaks; and,

(3) Wormy fruit.

(c) Free from serious damage caused

by:

(1) Ammoniation;

(2) Bruises;

(3) Buckskin;

(4) Caked melanose;

(5) Creasing;

(6) Dirt or other foreign material;

(7) Disease;

(8) Dryness or mushy condition;

(9) Green spots;

(10) Hail;

(11) Insects;

(12) Oil spots;

(13) Scab;

(14) Scale;

(15) Scars;

(16) Skin breakdown;

(17) Sprayburn;

(18) Sunburn; and,

(19) Other means.

(d) For tolerances see § 51.1820.

§ 51.1818 U.S. No. 2 Russet.

The requirements for this grade are

the same as for U.S. No. 2 except that

at least 10 percent of the fruit shall have

more than one-half of their surface, in

the aggregate, affected by any type of

discoloration. For tolerances see

§ 51.1820.

§ 51.1819 U.S. No. 3.

‘‘U.S. No. 3’’ consists of tangerines

which meet the following requirements:

(a) Basic requirements:

(1) Mature;

(2) Not flabby; and,

(3) Not seriously lumpy.

(b) Free from:

(1) Decay;

(2) Unhealed skin breaks; and,

(3) Wormy fruit.

(c) Free from very serious damage

caused by:

(1) Ammoniation;

(2) Bruises;

(3) Caked melanose;

(4) Creasing;

(5) Dirt or other foreign material;

(6) Disease;

(7) Dryness or mushy condition;

(8) Hail;

(9) Insects;

(10) Scab;

(11) Scale;

(12) Scars;

(13) Skin breakdown;

(14) Sprayburn;

(15) Sunburn; and,

(16) Other means.

(d) For tolerances see § 51.1820.

Tolerances

§ 51.1820 Tolerances.

In order to allow for variations

incident to proper grading and handling

in each of the foregoing grades, the

following tolerances, by count, are

provided as specified:

(a) Defects.

(1) U.S. Fancy, U.S. No. 1 Bright, U.S.

No. 1, U.S. No. 1 Golden, U.S. No. 1

Bronze, U.S. No. 1 Russet, U.S. No. 2

Bright, U.S. No. 2, and U.S. No. 2 Russet

grades.

(i) For defects at shipping point.1 Not

more than 10 percent of the fruit in any

lot may fail to meet the requirements of

the specified grade: Provided, that

included in this amount not more than

5 percent shall be allowed for defects

causing very serious damage, including

in this latter amount not more than 1

percent for decay or wormy fruit.

(ii) For defects en route or at

destination. Not more than 12 percent of

the fruit which fail to meet the

requirements of the specified grade:
Federal Register / Vol. 60, No. 35 / Wednesday, February 22, 1995 / Proposed Rules 10003

Provided, that included in this amount

not more than the following percentages

shall be allowed for defects listed:

(A) 10 percent for fruit having

permanent defects; or,

(B) 7 percent for defects causing very

serious damage, including therein not

more than 5 percent for very serious

damage by permanent defects and not

more than 3 percent for decay or wormy

fruit.

(2) U.S. No. 3.

(i) For defects at shipping point.1 Not

more than 10 percent of the fruit in any

lot may fail to meet the requirements of

the grade: Provided, that included in

this amount not more than 1 percent

shall be for decay or wormy fruit.

(ii) For defects en route or at

destination. Not more than 12 percent of

the fruit which fail to meet the

requirements of the grade: Provided,

that included in this amount not more

than the following percentages shall be

allowed for defects listed:

(A) 10 percent for fruit having

permanent defects; or,

(B) 3 percent for decay or wormy fruit.

(b) Discoloration.

(1) U.S. No. 1 Bright, U.S. No. 1, U.S.

No. 2 Bright, and U.S. No. 2. Not more

than 10 percent of the fruit in any lot

may fail to meet the requirements

relating to discoloration as specified in

each grade. No sample may have more

than 15 percent of the fruit with

excessive discoloration: And provided

further, that the entire lot averages

within the percentage specified.

(2) U.S. No. 1 Golden. Not more than

30 percent of the fruit shall have in

excess of one-third of their surface, in

the aggregate, affected by discoloration,

and no part of any tolerance shall be

allowed to increase this percentage. No

sample may have more than 40 percent

of the fruit with excessive discoloration:

And provided further, that the entire lot

averages within the percentage

specified.

(3) U.S. No. 1 Bronze, and U.S. No. 1

Russet. At least 30 percent of the fruit

shall have in excess of one-third of the

surface, in the aggregate, affected by

discoloration, and no part of any

tolerance shall be allowed to reduce this

percentage. No sample may have less

than 20 percent of the fruit with

required discoloration: And provided

further, that the entire lot averages

within the percentage specified.

(4) U.S. No. 2 Russet. At least 10

percent of the fruit shall have in excess

of one-half of the surface, in the

aggregate, affected by discoloration, and

no part of any tolerance shall be allowed

to reduce this percentage: And provided

further, that the entire lot averages

within the percentage specified.

Application of Tolerances

§ 51.1821 Application of tolerances.

Individual samples are subject to the

following limitations, unless otherwise

specified in § 51.1820: Provided, that

individual samples shall have not more

than one and one-half times a specified

tolerance of 10 percent or more, and not

more than double a specified tolerance

of less than 10 percent: And provided

further, that the averages for the entire

lot are within the tolerances specified

for the grade.

Sample for Grade Determination

§ 51.1822 Sample for grade determination.

Each sample shall consist of 50 fruit.

When individual packages contain at

least 50 fruit, the sample is drawn from

one package; when individual packages

contain less than 50 fruit, a sufficient

number of adjoining packages are

opened to form a 50 fruit sample.

Size

§ 51.1823 Size.

(a) Fruits shall be fairly uniform in

size and shall be packed in containers

according to approved and recognized

methods.

(b) ‘‘Fairly uniform in size’’ means

that not more than 10 percent of the

tangerines per sample may vary more

than one-half inch in diameter.

(c) In order to allow for variations

incident to proper sizing, not more than

10 percent of the samples in any lot may

fail to meet the requirements of size.

Definitions

§ 51.1824 Mature.

Mature shall have the same meaning

currently assigned that term in sections

601.21 and 601.22 of the Florida Citrus

Code of 1949, as amended (ch. 26492,

Laws of Florida, 1951) or, as the

definition of such term may hereafter be

amended.

§ 51.1825 Firm.

Firm means that the flesh is not soft

and the fruit is not badly puffy and that

the skin has not become materially

separated from the flesh of the

tangerine.

§ 51.1826 Well formed.

Well formed means that the fruit has

the characteristic tangerine shape and is

not deformed.

§ 51.1827 Damage.

Damage means any specific defect

described in § 51.1838, Table I; or an

equally objectionable variation of any

one of these defects, any other defect, or

any combination of defects, which

materially detracts from the appearance,

or the edible or marketing quality of the

fruit.

§ 51.1828 Highly colored.

Highly colored means that the ground

color of each fruit is a deep tangerine

color, or characteristic color for the

variety, with practically no trace of

yellow color.

§ 51.1829 Discoloration.

Discoloration means russeting of a

light shade of golden brown caused by

rust mite or other means. Lighter shades

of discoloration caused by smooth or

fairly smooth superficial scars or other

means may be allowed on a greater area,

or darker shades may be allowed on a

lesser area, provided no discoloration

caused by speck type melanose or other

means may detract from the appearance

of the fruit to a greater extent than the

shade and amount of discoloration

allowed in the grade.

§ 51.1830 Well colored.

Well colored means that a good

yellow or better ground color

predominates over the green color on

the entire fruit surface with no distinct

green color present, and that some

portion of the surface has a reddish

tangerine blush, or characteristic color

for the variety.

§ 51.1831 Fairly well colored.

Fairly well colored means that the

surface of the fruit may have green color

which does not exceed the aggregate

area of a circle 11⁄4 inches (31.8 mm) in

diameter and that the remainder of the

surface has a yellow or better ground

color with some portion of the surface

showing reddish tangerine blush, or

characteristic color for the variety.

§ 51.1832 Fairly firm.

Fairly firm means that the flesh may

be slightly soft but is not bruised or

badly puffy, and that the skin has not

become seriously separated from the

flesh of the tangerine.

§ 51.1833 Fairly well formed.

Fairly well formed means that the fruit

may not have the shape characteristic of

the variety but that it is not badly

deformed.

§ 51.1834 Serious damage.

Serious damage means any specific

defect described in § 51.1838, Table I; or

an equally objectionable variation of any

one of these defects, any other defect, or

any combination of defects, which

seriously detracts from the appearance,

or the edible or marketing quality of the

fruit.
10004 Federal Register / Vol. 60, No. 35 / Wednesday, February 22, 1995 / Proposed Rules

§ 51.1835 Reasonably well colored.

Reasonably well colored means that a

good yellow or reddish tangerine color

shall predominate over the green color

on at least one-half of the fruit surface

in the aggregate, and that each fruit shall

show practically no lemon color.

§ 51.1836 Very serious damage.

Very serious damage means any

specific defect described in § 51.1838,

Table I; or an equally objectionable

variation of any one of these defects,

any other defect, or any combination of

defects, which very seriously detracts

from the appearance, or the edible or

marketing quality of the fruit.

§ 51.1837 Diameter.

Diameter means the greatest

dimension measured at right angles to a

line from stem to blossom end.

§ 51.1838 Classification of defects.

TABLE I

Factor Damage Serious damage Very serious damage

Ammoniation ................................. Not occurring as light speck type,

or detracts more than discoloration permitted in the grade.

Scars are cracked or dark and aggregating more than a circle 5⁄8

inch (15.9 mm) in diameter.

Aggregating more than 25 percent

of the surface.

Bruises .......................................... Segment walls are collapsed, or

rag is ruptured and juice sacs

are ruptured.

Segment walls are collapsed, or

rag is ruptured and juice sacs

are ruptured.

Fruit is split open, peel is badly

watersoaked, or rag is ruptured

and juice sacs are ruptured

causing a mushy condition affecting all segments more than

1⁄2 inch (12.7 mm) at bruised

area or the equivalent of this

amount, by volume, when affecting more than one area on

the fruit.

Buckskin ........................................ Aggregating more than a circle 3⁄4

inch (19.1 mm) in diameter.

Aggregating more than 25 percent

of the surface.

Aggregating more than 50 percent

of the surface.

Caked melanose ........................... Aggregating more than a circle 3⁄8

inch (9.5 mm) in diameter.

Aggregating more than a circle 5⁄8

inch (15.9 mm) in diameter.

Aggregating more than 25 percent

of the surface.

Creasing ........................................ Materially weakens the skin, or

extends over more than onethird of the surface.

Seriously weakens the skin, or extends over more than one-half

of the surface.

Very seriously weakens the skin,

or is distributed over practically

the entire surface.

Dryness or mushy condition ......... Affecting all segments more than 1⁄8 inch (3.2 mm) at stem end,

or the equivalent of this amount,

by volume, when occurring in

other portions of the fruit.

Affecting all segments more than 1⁄4 inch (6.4 mm) at stem end,

or the equivalent of this amount,

by volume, when occurring in

other portions of the fruit.

Affecting all segments more than 1⁄2 inch (12.7 mm) at stem end,

or the equivalent of this amount,

by volume, when occurring in

other portions of the fruit.

Green spots .................................. Aggregating more than a circle 1⁄2

inch (12.7 mm) in diameter.

Aggregating more than a circle 5⁄8

inch (15.9 mm) in diameter.

Aggregating more than 25 percent

of the surface.

Oil spots ........................................ Aggregating more than a circle 1⁄2

inch (12.7 mm) in diameter.

Aggregating more than a circle 3⁄4

inch (19.1 mm) in diameter.

Aggregating more than 25 percent

of the surface.

Scab .............................................. Materially detracts from the shape

or texture, or aggregating more

than a circle 3⁄8 inch (9.5 mm)

in diameter.

Seriously detracts from the shape

or texture, or aggregating more

than a circle 5⁄8 inch (15.9 mm)

in diameter.

Aggregating more than 25 percent

of the surface.

Scale ............................................. Aggregating more than a circle 3⁄8

inch (9.5 mm) in diameter.

Aggregating more than a circle 5⁄8

inch (15.9 mm) in diameter.

Aggregating more than 25 percent

of the surface.

Scars, Hail, and Thorn scratches . Deep or rough aggregating more

than a circle 1⁄4 inch (6.4 mm)

in diameter; slightly rough with

slight depth aggregating more

than a circle 3⁄4 inch (19.1 mm)

in diameter; smooth or fairly

smooth with slight depth aggregating more than a circle 11⁄8

inches (28.6 mm) in diameter.

Deep or rough aggregating more

than a circle 1⁄2 inch (12.7 mm)

in diameter; slightly rough with

slight depth aggregating more

than a circle 11⁄8 inches (28.6

mm) in diameter; smooth or fairly smooth with slight depth aggregating more than 10 percent

of fruit surface.

Deep or rough or unsightly that

appearance is very seriously affected.

Skin breakdown ............................ Aggregating more than a circle 1⁄2

inch (12.7 mm) in diameter.

Aggregating more than a circle 3⁄4

inch (19.1 mm) in diameter.

Aggregating more than 25 percent

of the surface.

Sprayburn ..................................... Skin is hard and aggregating

more than a circle 3⁄4 inch (19.1

mm) in diameter.

Skin is hard and aggregating

more than a circle 11⁄4 inches

(31.8 mm) in diameter.

Aggregating more than 25 percent

of the surface.

Sunburn ........................................ Skin is flattened, dry, darkened, or

hard and the affected area exceeds 25 percent of the surface.

Skin is hard and affects more than

one-third of the surface.

Aggregating more than 50 percent

of the surface.

NOTE: References to area or aggregate area, or length are based on a tangerine 21⁄2 inches in diameter (63.5 mm).

Dated: February 8, 1995.

Lon Hatamiya,

Administrator.

[FR Doc. 95–4312 Filed 2–21–95; 8:45 am]

BILLING CODE 3410–02–P