California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 2 - Inspection Procedures › Section 1370.13 - U.S. Grades Certified Lots, or Lots Marked U.S. Grade

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This pertains to the enforcement of the fruit and
						vegetable standards on products which are marked with U.S. grade designations,
						some of which are accompanied by federal or federal-state inspection
						certificates. Difficulties arise when rejections are made, or contemplated, for
						failure to meet the U.S. grade as marked if the lot carries a certificate
						attesting to the fact that the product does meet the grade as marked, or if an
						appeal inspection supports the original certification that the products do meet
						the grade as marked.
As to the interpretation of the U.S. grades, the U.S.
						Department of Agriculture representatives include Shipping Point Inspection
						members as the official administrators of the U.S. grades in California, and
						their conclusion as to the status of a given lot or commodity, when based
						entirely upon U.S. grade specifications, shall be final, and the enforcement
						officers shall accept and follow their interpretations of the U.S.
						grades.
Some situations which may illustrate the application of
						this principle are as follows:
(a)
					 When the issue clearly embodies only the matter of interpretation of U.S. grade
					 defects, which are not included in this group or if the defect is included in
					 this group but the tolerance is more restrictive in the U.S. grade than
					 contained in this group, then interpretation by the federal agency shall be
					 final and accepted.
(b) When the
					 product in question, either certified as meeting the U.S. grade by the federal
					 agency or not, meets the requirements of a particular U.S. grade and the
					 minimum standards in the California Administrative Code are more restrictive
					 than the U.S. grade in question, then the commodity is subject to rejection
					 under the California Administrative Code and the application of the U.S. grade
					 shall not be construed to alter this situation. For example: If a U.S. grade
					 permits 10 percent insect injury and the minimum standards of this group
					 permits only 5 percent of like injury, then the California Administrative Code
					 prevails. This same situation could apply to defective conditions independent
					 of tolerances for defects.
(c)
					 There may be a few situations where similar defective conditions are contained
					 both in the U.S. grades and in the minimum standards of the California
					 Administrative Code where federal grade interpretation and certification
					 indicates that the product complies with the grade but fails to meet the
					 minimum standards and would be cause for rejection under this group.
1. New
						section filed 7-7-55; effective thirtieth day thereafter (Register 55, No.
						10).
2. Amendment and renumbering from Section
						1378 filed 1-21-75; effective
						thirtieth day thereafter (Register 75, No. 4).
3. Amendment of
						subsections (a) and (c) filed 6-13-75; effective thirtieth day thereafter
						(Register 75, No. 24).