Shelled Almonds and Almonds in the Shell; Grade Standards

SUMMARY: This rule would revise the United States Standards for Grades

of Shelled Almonds and the United States Standards for Grades of

Almonds in the Shell. The Almond Board of California's Grades

Subcommittee (ABCGS) recommends changes ``to better reflect the

requirements of today's almond industry.'' The ABCGS specifically

requests changes to the foreign material tolerances; the tolerance for

live insects inside the shell; removing the language ``appearance of

the lot'' from all definitions in the standards; combining tolerances

for chipping and scratching and split and broken in the U.S. Standard

Sheller Run grade; revising current definitions; and adding new

definitions.

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 July

21, 1996.

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 2049 South Building, Washington, DC 20090-6456. FAX

number (202) 720-8871. 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 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 Shelled Almonds and U.S.

Standards for Grades of Almonds In The Shell 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.

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 Shelled Almonds and

United States Standards for Grades of Almonds in the Shell are issued

in accordance with the provisions of the Agricultural Marketing Act of

1946. The standards were last revised in August 1960 and July 1964,

respectively. The ABCGS has requested that the standards be revised in

order to bring them into conformity with current cultural, harvesting

and marketing practices.

The definition of ``similar varietal characteristics'' in

Sec. 51.2117 of the current U.S. Standards for Grades of Shelled

Almonds states that the ``kernels are similar in shape and appearance.

For example, long types shall not be mixed with short types, or broad

types mixed with narrow types, and bitter almonds shall not be mixed

with sweet almonds. Color of the kernels shall not be considered, since

there is often a marked difference in skin color of kernels of the same

variety.'' The ABCGS recommended adding two designations to this

definition -- ``one type'' and ``California.'' This would affect all of

the grades that have a requirement for ``similar varietal

characteristics'' (only the U.S. No. 1 Pieces grade has no such

requirement). The ``one type'' designation would retain the current

definition of similar varietal characteristics. The ``California''

designation would allow for more than one variety of blanchable type

almonds to be mixed, including up to 25 percent of the ``Nonpareil'' or

similar type, and meet the definition of ``similar varietal

characteristics, California'' designation. Lots not designated as

either type would be considered ``one type.''

The industry commonly markets almonds indicating either individual

varieties or mixtures of several similar appearing varieties. There are

five established industry mixtures, including ``California.'' The other

four consist of ``Nonpareil,'' ``Mission,'' ``NePlus Ultra,'' and

``Inshell Bleaching.'' All are recognized as separate groupings and may

contain several varieties showing dissimilar characteristics (based on

shape and appearance). However, the varieties in each classification

have broad similarities in their uses, propensity for blanching, and

acceptance for particular end products. The ``California'' mixture is

widely recognized within the industry. The ``California'' mixture is

defined in the Almond Variety Update, 1985, referencing the

establishment of the definition in 1972 by USDA, Federal-State

Inspection Service. It may include the varieties Ballico, California,

Davey, Harvey, Merced, Norman, Ruby, Thompson, Vesta and all other

varieties that are similar to the varieties listed and in addition the

variety Nonpareil

[[Page 17581]]

may be included in the classification but not to exceed 25 percent by

weight of the lot. All varieties in the ``California'' mixture are

blanchable.

All blanchable type almonds are not similar in shape and

appearance. However, the ABCGS contends that handlers are not concerned

with differences in the shape or appearance of the almonds, as long as

they are blanchable. This mixing of varieties is a common practice in

the industry today. However, using the current standards, inspected

lots would not meet the requirement for similar varietal

characteristics, and would be certified as either failing to meet a

specific grade due to dissimilar varieties; or, as meeting a ``Mixed''

grade designation. The ABCGS states that these options (fails to meet a

specified grade and Mixed) negatively impact the marketing of such lots

even though the seller and buyer are fully aware of the product's

characteristics. (The U.S. Fancy and U.S. Extra No. 1 grades cannot be

re-designated as ``Mixed'' lots.)

By expanding the definition of similar varietal characteristics as

ABCGS recommends, the standards will be in-line with current marketing

practices. The change would allow lots that are comprised of blanchable

types, including up to 25 percent Nonpareil types, to meet the

requirements of ``similar varietal characteristics'' when so designated

as ``California'' type.

Currently, the U.S. No. 1, U.S. Select Sheller Run, U.S. Standard

Sheller Run, and U.S. No. 1 Whole and Broken grades may be designated

as U.S. No. 1 Mixed, U.S. Select Sheller Run Mixed, U.S. Standard

Sheller Run Mixed, and U.S. No. 1 Whole and Broken, Mixed if two or

more dissimilar varieties are found in excess of the tolerance, and all

other defects are within the tolerances. If the definition for

``similar varietal characteristics'' is changed as ABCGS recommends,

only those lots designated as ``one type'' or undesignated lots would

need be redesignated as ``Mixed'' if the tolerance for dissimilar

varieties is exceeded.

This proposed change regarding similar varietal characteristics

would not affect the U.S. Standards for Grades of Almonds In The Shell.

Because of the nature of in shell almonds, no change to the current

definition of similar varietal characteristics is warranted in this

standard.

The ABCGS recommends that the tolerances for foreign material be

tighter in most grades, including a ``zero tolerance'' for glass and

metal in all grades in the U.S. Standards for Grades of Shelled

Almonds. They contend that this tightening of the tolerances reflects

the current requirements of most buyers, and meets current food safety

concerns in regard to glass and metal. The ABCGS reports that major

buyers of almonds are setting more stringent tolerances (than current

tolerances in the U.S. grades) for foreign material in contract

specifications. In discussions with representatives of the industry,

most felt that although the tighter tolerances would be more difficult

to meet, it would not be impossible. The effect this change would have

on the industry would be to fail any lot found to have any amount of

glass or metal, and in most grades further restrict other types of

foreign material.

The ABCGS recommends that the tolerance for live insects inside the

shell be restricted to zero in the U.S. Standards for Grades of Almonds

In The Shell. They state that this tightening of the tolerance reflects

the requirements of consumers, and with effective fumigation practices

live insects can be eliminated. This change would cause any lot found

to have any amount of live insects if found inside the shell to fail to

meet any U.S. grade.

The ABCGS recommends to modify the U.S. Standard Sheller Run grade

within the U.S. Standards for Grades of Shelled Almonds by combining

the tolerances for chipped and scratched kernels (20 percent) and split

and broken kernels (15 percent). The new total tolerance would be 35

percent, with a restriction of not more than 15 percent for split and

broken. The ABCGS views chipped and scratched kernels as less

objectionable than split and broken kernels. Chipped and scratched

kernels essentially retain their full shape, but have superficial chips

and scratches of the pellicle and meat. Split and broken kernels are

those with 1/8 or more of the kernel split or broken off. The effect of

this change would be to allow with up to 35 percent chipped and

scratched (with 0 percent split and broken), or any combination of the

two types of defects totaling 35 percent (or less), as long as the

percentage of split and broken does not exceed 15 percent.

The ``Unclassified'' designation would be deleted from the two

grade standards. The term ``unclassified'' is not a grade within the

meaning of the standards 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 would be deleted from the

standards.

The ABCGS recommends that current language referring to

``appearance of the lot'' be removed from both grade standards.

Currently, this language is found in the general definitions of

``injury,'' ``damage,'' and in the specific definition of ``damage by

chipped and scratched kernels'' in the shelled grades; and, in the

general definition of ``damage'' in the in-the-shell grades. This

language allows interpretations for various defects, whereby a lot of

almonds that are not considered injured, or damaged individually by

particular defects may be considered injured or damaged based on

affecting the appearance of the lot. Removing this language would limit

the scoring of defects based on the individual kernel and not on the

general appearance of the lot.

This change in both grade standards would cause defects to be

scored, based on the individual kernel, rather than based on the lot as

a whole.

ABCGS suggests that USDA revise the definition of ``damage by gum''

from its current definition of ``more than 1/8 of the surface

affected'' to an ``area aggregating more than the equivalent of a

circle 1/4 inch in diameter'' in both grade standards regardless of the

size of the almond. The ABCGS feels that gum is a serious defect on any

size nut, (generally viewed as an inedible) and should be scored more

tightly than at present. Industry generally allows less of an area to

be affected than the current standards permit. By using a specific area

rather than a percentage of the surface, scoring will be easier and

more objective for inspectors.

The ABCGS recommends that the definition of ``fairly uniform

color'' be changed in Sec. 51.2086 of the U.S. Standards for Grades of

Almonds In The Shell to account for uniformity in color of the shell,

whether lots of almonds are ``natural'' or ``bleached.'' The industry

offers in-the-shell almonds with both ``natural'' and ``bleached''

shells. Bleaching of the shells is an approved practice within the

industry, however, confusion exists between buyers and sellers

regarding the acceptability of bleached shells. Adding the reference of

bleaching in the definition of ``fairly uniform color'' should

eliminate the confusion.

The ABCGS recommends that the definition of ``decay'' be changed in

Sec. 51.2121 of the U.S. Standards for Grades of Shelled Almonds to

correspond with the definition in the U.S. Standards for Grades of

Almonds In The Shell from ``the kernel is putrid or decomposed'' to

``part or all of the kernel has become decomposed.'' The language and

wording of decay would be changed to promote uniformity and consistency

between the two grade standards.

The definitions of ``damage,'' ``insects,'' ``mold,'' and

``shriveling''

[[Page 17582]]

would be changed in the U.S. Standards for Grades of Almonds In The

Shell to correspond with the definitions in the U.S. Standards for

Grades of Shelled Almonds. The language and wording of these

definitions would be changed to promote uniformity and consistency

between the two grade standards.

Skin discoloration of the kernel (staining) is currently referenced

as a defect in the in-the-shell standard. Skin discoloration does not

change when the almonds are shelled, and therefore would be considered

a defect in the shelled standard. The ABCGS recommends specifically

referencing this defect in the shelled standards to promote uniformity

and consistency between the two grade standards. Although this skin

discoloration has historically been considered a defect in the shelled

almonds standards, specifically naming it will give a point of

reference to the industry and the inspection service.

In keeping with Departmental Regulations of moving towards

metrification, metric equivalents will be added, in parenthesis,

following any Imperial measurements, throughout the text of the

standards. The metric equivalents, in millimeters, are based on the

conversion of 64/64 on an inch equals 25.4 millimeters.

List of Subjects in 7 CFR Part 51

Agricultural commodities, Food grades and standards, Fruits, Nuts,

Reporting and recordkeeping requirements, Trees, Vegetables.

PART 51--[AMENDED]

For reasons set forth in the preamble, 7 CFR part 51 is proposed to

be amended as follows:

1. The authority citation for 7 CFR part 51 continues to read as

follows:

Authority: 7 U.S.C. 1621-1627.

2. In part 51, Subpart--United States Standards for Grades of

Almonds in the Shell is revised to read as follows:

Subpart--United States Standards for Grades of Almonds in the Shell

Grades

Sec.

51.2075 U.S. No. 1.

51.2076 U.S. No. 1 Mixed.

51.2077 U.S. No. 2.

51.2078 U.S. No. 2 Mixed.

Application of Tolerances

51.2079 Application of tolerances.

Determination of Grade

51.2080 Determination of grade.

Definitions

51.2081 Similar varietal characteristics.

51.2082 Loose extraneous and foreign material.

51.2083 Clean.

51.2084 Fairly bright.

51.2085 Fairly uniform color.

51.2086 Well dried.

51.2087 Decay.

51.2088 Rancidity.

51.2089 Damage.

51.2090 Serious damage.

51.2091 Thickness.

Subpart--United States Standards for Grades of Almonds in the Shell

Grades

Sec. 51.2075 U.S. No. 1.

``U.S. No. 1'' consists of almonds in the shell which are of

similar varietal characteristics and free from loose extraneous and

foreign material. The shells are clean, fairly bright, fairly uniform

color, and free from damage caused by discoloration, adhering hulls,

broken shells or other means. The kernels are well dried, free from

decay, rancidity, and free from damage caused by insects, mold, gum,

skin discoloration, shriveling, brown spot or other means.

(a) Unless otherwise specified, the almonds are of a size not less

than \28/64\ of an inch (11.1 mm) in thickness.

(b) In order to allow for variations incident to proper grading and

handling, the following tolerances are provided as specified:

(1) For external (shell) defects. 10 percent, by count, for almonds

which fail to meet the requirements of this grade other than for

variety and size;

(2) For dissimilar varieties. 5 percent, by count, including

therein not more than 1 percent for bitter almonds mixed with sweet

almonds;

(3) For size. 5 percent, by count, for almonds which are smaller

than the specified minimum thickness;

(4) For loose extraneous and foreign material. 2 percent, by

weight, including therein not more than 1 percent which can pass

through a round opening \24/64\ inch (9.5 mm) in diameter: Provided,

that such material is practically free from insect infestation; and,

(5) For internal (kernel) defects. 10 percent, by count, for

almonds with kernels failing to meet the requirements of this grade:

Provided, that not more than one-half of this tolerance or 5 percent

shall be allowed for kernels affected by decay or rancidity, damaged by

insects or mold or seriously damaged by shriveling: And provided

further, that no part of this tolerance shall be allowed for live

insects inside the shell.

Sec. 51.2076 U.S. No. 1 Mixed.

``U.S. No. 1 Mixed'' consists of almonds in the shell which meet

the requirements of U.S. No. 1 grade, except that two or more varieties

of sweet almonds are mixed.

Sec. 51.2077 U.S. No. 2.

``U.S. No. 2'' consists of almonds in the shell which meet the

requirements of U.S. No. 1 grade, except that an additional tolerance

of 20 percent shall be allowed for almonds with shells damaged by

discoloration.

Sec. 51.2078 U.S. No. 2 Mixed.

``U.S. No. 2 Mixed'' consists of almonds in the shell which meet

the requirements of U.S. No. 2 grade, except that two or more varieties

of sweet almonds are mixed.

Application of Tolerances

Sec. 51.2079 Application of tolerances.

The tolerances for the foregoing grades are applied to the entire

lot of almonds, based upon a composite sample drawn from containers

throughout the lot.

Determination of Grade

Sec. 51.2080 Determination of grade.

In grading the inspection sample, the percentage of loose hulls,

pieces of shell, chaff and foreign material is determined on the basis

of weight. Next, the percentages of nuts which are of dissimilar

varieties, undersize or have adhering hulls or defective shells are

determined by count, using an adequate portion of the total sample.

Finally, the nuts in that portion of the sample are cracked, and the

percentage having internal defects is determined on the basis of count.

Definitions

Sec. 51.2081 Similar varietal characteristics.

Similar varietal characteristics means that the almonds are similar

in shape, and are reasonably uniform in degree of hardness of the

shells, and that bitter almonds are not mixed with sweet almonds. For

example, hard-shelled varieties, semi-soft shelled varieties, soft-

shelled varieties and paper-shelled varieties are not mixed together,

nor are any two of these types mixed under this definition.

Sec. 51.2082 Loose extraneous and foreign material.

Loose extraneous and foreign material means loose hulls, empty

broken shells, pieces of shells, external insect infestation and any

substance other than almonds in the shell or almond kernels.

[[Page 17583]]

Sec. 51.2083 Clean.

Clean means that the shell is practically free from dirt and other

adhering foreign material.

Sec. 51.2084 Fairly bright.

Fairly bright means that the shells show good characteristic color.

Sec. 51.2085 Fairly uniform color.

Fairly uniform color means that the shells do not show excessive

variation in color, whether bleached or natural.

Sec. 51.2086 Well dried.

Well dried means that the kernel is firm and brittle, not pliable

or leathery.

Sec. 51.2087 Decay.

Decay means that part or all of the kernel has become decomposed.

Sec. 51.2088 Rancidity.

Rancidity means that the kernel is noticeably rancid to taste.

Sec. 51.2089 Damage.

Damage means any defect which materially detracts from the

appearance of the individual kernel, or the edible or shipping quality

of the almond. Any one of the following defects or combination thereof,

the seriousness of which exceeds the maximum allowed for any one defect

shall be considered as damage:

(a) Discoloration of the shell which is medium gray to black and

affects more than one-eighth of the surface in the aggregate. Normal

variations of a reddish or brownish color shall not be considered

discoloration;

(b) Adhering hulls which cover more than 5 percent of the shell

surface in the aggregate;

(c) Broken shells when a portion of the shell is missing, or the

shell is broken or fractured to the extent that moderate pressure will

permit the kernel to become dislodged;

(d) Insect injury when the insect, web or frass is present or there

is definite evidence of insect feeding;

(e) Mold, when visible on the kernel, except when white or gray and

easily rubbed off with the fingers;

(f) Gum, when a film of shiny, resinous appearing substance affects

an area aggregating more than the equivalent of a circle one-quarter

inch (6.4 mm) in diameter;

(g) Skin discoloration when more than one-half of the surface of

the kernel is affected by very dark or black stains contrasting with

the natural color of the skin;

(h) Shriveling when the kernel is excessively thin for its size, or

when materially withered, shrunken, leathery, tough or only partially

developed: Provided, that partially developed kernels are not

considered damaged if more than three-fourths of the pellicle is filled

with meat. An almond containing two kernels shall not be classed as

damaged if either kernel has more than three-fourths of the pellicle

filled with meat; and,

(i) Brown spot which affects an aggregate area on the kernel

greater than the area of a circle one-eighth inch (3.2 mm) in diameter.

Sec. 51.2090 Serious damage.

Serious damage means any defect which makes a kernel or piece of

kernel unsuitable for human consumption, and includes decay, rancidity,

insect injury and damage by mold. The following defect shall be

considered as serious damage: Shriveling when the kernel is seriously

withered, shrunken, leathery, tough or only partially developed:

Provided, that partially developed kernels are not considered seriously

damaged if more than one-fourth of the pellicle is filled with meat.

Sec. 51.2091 Thickness.

Thickness means the greatest dimension between the two semi-flat

surfaces of the shell measured at right angles to a plane extending

between the seams of the shell.

3. In Part 51, Subpart--United States Standards for Grades of

Shelled Almonds is revised to read as follows:

Subpart--United States Standards of Grades of Shelled Almonds

Grades

Sec.

51.2105 U.S. Fancy.

51.2106 U.S.Extra No. 1.

51.2107 U.S. No. 1.

51.2108 U.S. Select Sheller Run.

51.2109 U.S. Standard Sheller Run.

51.2110 U.S. No. 1 Whole and Broken.

51.2111 U.S. No. 1 Pieces.

Mixed Varieties

51.2112 Mixed varieties.

Size

51.2113 Size requirements.

51.2114 Tolerances for size.

Application of Tolerances

51.2115 Application of tolerances.

Definitions

51.2116 Similar varietal characteristics.

51.2117 Whole.

51.2118 Clean.

51.2119 Well dried.

51.2120 Decay.

51.2121 Rancidity.

51.2122 Insect injury.

51.2123 Foreign material.

51.2124 Doubles.

51.2125 Split or broken kernels.

51.2126 Particles and dust.

51.2127 Injury.

51.2128 Damage.

51.2129 Serious damage.

51.2130 Diameter.

51.2131 Fairly uniform in size.

Subpart -- United States Standards for Grades of Shelled Almonds

Grades

Sec. 51.2105 U.S. Fancy.

``U.S. Fancy'' consists of shelled almonds of similar varietal

characteristics which are whole, clean and well dried, and which are

free from decay, rancidity, insect injury, foreign material, doubles,

split or broken kernels, particles and dust, and free from injury

caused by chipped and scratched kernels, and free from damage caused by

mold, gum, shriveling, brown spot or other means. (See Secs. 51.2113

and 51.2114.)

In order to allow for variations incident to proper grading and

handling, the following tolerances, by weight, shall be permitted:

(a) For dissimilar varieties. 5 percent, including not more than

one-fifth of this amount, or 1 percent, for bitter almonds mixed with

sweet almonds;

(b) For doubles. 3 percent;

(c) For kernels injured by chipping and/or scratching. 5 percent;

(d) For foreign material. One-twentieth of 1 percent (0.05

percent). No part of this percentage shall be allowed for glass and

metal;

(e) For particles and dust. One-tenth of 1 percent (0.10 percent);

and,

(f) For other defects. 2 percent, including not more than one-half

of this amount, or 1 percent, for split or broken kernels, and

including not more than one-half of the former amount, or 1 percent,

for seriously damaged kernels.

Sec. 51.2106 U.S. Extra No. 1.

``U.S. Extra No. 1'' consists of shelled almonds of similar

varietal characteristics which are whole, clean and well dried, and

which are free from decay, rancidity, insect injury, foreign material,

doubles, split or broken kernels, particles and dust, and free from

damage caused by chipped and scratched kernels, mold, gum, shriveling,

brown spot or other means. (See Secs. 51.2113 and 51.2114.)

In order to allow for variations incident to proper grading and

handling, the following tolerances, by weight, shall be permitted:

(a) For dissimilar varieties. 5 percent, including not more than

one-fifth of this amount, or 1 percent, for bitter almonds mixed with

sweet almonds;

(b) For doubles. 5 percent;

(c) For kernels damaged by chipping and/or scratching. 5 percent;

[[Page 17584]]

(d) For foreign material. One-twentieth of 1 percent (0.05

percent). No part of this percentage shall be allowed for glass and

metal;

(e) For particles and dust. One-tenth of 1 percent (0.10 percent);

and,

(f) For other defects. 4 percent, including not more than one-

fourth of this amount, or 1 percent, for split or broken kernels, and

including not more than three-eighths of the former amount, or 1-1/2

percent, for seriously damaged kernels.

Sec. 51.2107 U.S. No. 1.

``U.S. No. 1'' consists of shelled almonds of similar varietal

characteristics which are whole, clean and well dried, and which are

free from decay, rancidity, insect injury, foreign material, doubles,

split or broken kernels, particles and dust, and free from damage

caused by chipped and scratched kernels, mold, gum, shriveling, brown

spot or other means. (See Secs. 51.2113 and 51.2114.)

In order to allow for variations incident to proper grading and

handling, the following tolerances, by weight, shall be permitted:

(a) For dissimilar varieties. 5 percent, including not more than

one-fifth of this amount, or 1 percent, for bitter almonds mixed with

sweet almonds;

(b) For doubles. 15 percent;

(c) For kernels damaged by chipping and/or scratching. 10 percent;

(d) For foreign material. One-twentieth of 1 percent (0.05

percent). No part of this percentage shall be allowed for glass and

metal;

(e) For particles and dust. One-tenth of 1 percent (0.10 percent);

and,

(f) For other defects. 5 percent including not more than one-fifth

of this amount, or 1 percent, for split or broken kernels, and

including not more than three-tenths of the former amount, or 1\1/2\

percent, for seriously damaged kernels.

Sec. 51.2108 U.S. Select Sheller Run.

``U.S. Select Sheller Run'' consists of shelled almonds of similar

varietal characteristics which are whole, clean and well dried, and

which are free from decay, rancidity, insect injury, foreign material,

doubles, split or broken kernels, particles and dust, and free from

damage caused by chipped and scratched kernels, mold, gum, shriveling,

brown spot or other means. (See Secs. 51.2113 and 51.2114.)

In order to allow for variations incident to proper grading and

handling, the following tolerances, by weight, shall be permitted:

(a) For dissimilar varieties. 5 percent, including not more than

one-fifth of this amount, or 1 percent, for bitter almonds mixed with

sweet almonds;

(b) For doubles. 15 percent;

(c) For kernels damaged by chipping and/or scratching. 20 percent;

(d) For foreign material. One-tenth of 1 percent (0.10 percent). No

part of this percentage shall be allowed for glass and metal;

(e) For particles and dust. One-tenth of 1 percent (0.10 percent);

(f) For split and broken kernels. 5 percent: Provided, that not

more than two- fifths of this amount, or 2 percent, shall be allowed

for pieces which will pass through a round opening 20/64 inch (7.9 mm)

in diameter; and,

(g) For other defects. 3 percent, including not more than two-

thirds of this amount, or 2 percent, for serious damage.

Sec. 51.2109 U.S. Standard Sheller Run.

``U.S. Standard Sheller Run'' consists of shelled almonds of

similar varietal characteristics which are whole, clean and well dried,

and which are free from decay, rancidity, insect injury, foreign

material, doubles, split or broken kernels, particles and dust, and

free from damage caused by chipped and scratched kernels, mold, gum,

shriveling, brown spot or other means. (See Secs. 51.2113 and 51.2114.)

In order to allow for variations incident to proper grading and

handling, the following tolerances, by weight, shall be permitted:

(a) For dissimilar varieties. 5 percent, including not more than

one-fifth of this amount, or 1 percent, for bitter almonds mixed with

sweet almonds;

(b) For doubles. 25 percent;

(c) For kernels damaged by chipping and/or scratching or split and

broken. 35 percent; Provided, that not more than three-sevenths of this

amount, or 15 percent, shall be allowed for split and broken: And

Provided Further, that not more than one-third of this latter amount,

or 5 percent, shall be allowed for pieces which will pass through a

round opening \20/64\ inch (7.9 mm) in diameter;

(d) For foreign material. Two-tenths of 1 percent (0.20 percent).

No part of this percentage shall be allowed for glass and metal;

(e) For particles and dust. One-tenth of 1 percent (0.10 percent);

and,

(f) For other defects. 3 percent, including not more than two-

thirds of this amount, or 2 percent, for serious damage.

Sec. 51.2110 U.S. No. 1 Whole and Broken.

``U.S. No. 1 Whole and Broken'' consists of shelled almonds of

similar varietal characteristics which are clean and well dried, and

which are free from decay, rancidity, insect injury, foreign material,

doubles, particles and dust, and free from damage caused by mold, gum,

shriveling, brown spot or other means.

(a) In this grade not less than 30 percent, by weight, of the

kernels shall be whole. Doubles shall not be considered as whole

kernels in determining the percentage of whole kernels.

(b) Unless otherwise specified, the minimum diameter shall be not

less than \20/64\ of an inch (7.9 mm). (See Secs. 51.2113 and 51.2114.)

(c) In order to allow for variations incident to proper grading and

handling, the following tolerances, by weight, shall be permitted:

(1) For dissimilar varieties. 5 percent, including not more than

one-fifth of this amount, or 1 percent, for bitter almonds mixed with

sweet almonds;

(2) For doubles. 35 percent;

(3) For foreign material. Two-tenths of 1 percent (0.20 percent).

No part of this percentage shall be allowed for glass and metal;

(4) For particles and dust. One-tenth of 1 percent (0.10 percent);

(5) For undersize. 5 percent; and,

(6) For other defects. 5 percent, including not more than three-

fifths of this amount, or 3 percent, for serious damage.

Sec. 51.2111 U.S. No. 1 Pieces.

``U.S. No. 1 Pieces'' consists of shelled almonds which are not

bitter, which are clean and well dried, and which are free from decay,

rancidity, insect injury, foreign material, particles and dust, and

free from damage caused by mold, gum, shriveling, brown spot or other

means.

(a) Unless otherwise specified, the minimum diameter shall be not

less than \8/64\ of an inch (3.2 mm). (See Secs. 51.2113 and 51.2114.)

(b) In order to allow for variations incident to proper grading and

handling, the following tolerances, by weight, shall be permitted:

(1) For bitter almonds mixed with sweet almonds. 1 percent;

(2) For foreign material. Two-tenths of 1 percent (0.20 percent).

No part of this percentage shall be allowed for glass and metal;

(3) For particles and dust. 1 percent; and

(4) For other defects. 5 percent, including not more than three-

fifths of this amount, or 3 percent, for serious damage.

Sec. 51.2112 Mixed varieties.

Any lot of shelled almonds designated as ``one type'' or

undesignated as to

[[Page 17585]]

type, which consists of a mixture of two or more dissimilar varieties

which meet the other requirements of any of the grades of U.S. No. 1,

U.S. Select Sheller Run, U.S. Standard Sheller Run, U.S. No. 1 Whole

and Broken may be designated as: ``U.S. No. 1 Mixed;'' ``U.S. Select

Sheller Run Mixed;'' ``U.S. Standard Sheller Run Mixed;'' ``U.S. No. 1

Whole and Broken Mixed;'' respectively; but no lot of any of these

grades may include more than 1 percent of bitter almonds mixed with

sweet almonds.

Size

Sec. 51.2113 Size requirements.

The size may be specified in terms of range in count of whole

almond kernels per ounce or in terms of minimum, or minimum and maximum

diameter. When a range in count is specified, the whole kernels shall

be fairly uniform in size, and the average count per ounce shall be

within the range specified. Doubles and broken kernels shall not be

used in determining counts. Count ranges per ounce commonly used are

shown below, but other ranges may be specified: Provided, that the

kernels are fairly uniform in size.

Count Range per Ounce

16 to 18, inclusive.

18 to 20, inclusive.

20 to 22, inclusive.

22 to 24, inclusive.

23 to 25, inclusive.

24 to 26, inclusive.

26 to 28, inclusive.

27 to 30, inclusive.

30 to 34, inclusive.

34 to 40, inclusive.

40 to 50, inclusive.

50 and smaller.

Sec. 51.2114 Tolerances for size.

(a) When a range is specified as, for example, ``\18/20\,'' no

tolerance for counts above or below the range shall be allowed.

(b) When the minimum, or minimum and maximum diameter are

specified, a total tolerance of not more than 10 percent, by weight,

may fail to meet the specified size requirements: Provided, that not

more than one-half of this amount, or 5 percent, may be below the

minimum size specified.

Application of Tolerances

Sec. 51.2115 Application of tolerances.

The tolerances for the grades are to be applied to the entire lot,

and a composite sample shall be taken for determining the grade.

However, any container or group of containers in which the almonds are

found to be materially inferior to those in the majority of the

containers shall be considered a separate lot.

Definitions

Sec. 51.2116 Similar varietal characteristics.

Similar varietal characteristics means that the kernels are similar

in shape and appearance. For example, long types shall not be mixed

with short types, or broad types mixed with narrow types, and bitter

almonds shall not be mixed with sweet almonds. Color of the kernels

shall not be considered, since there is often a marked difference in

skin color of kernels of the same variety.

(a) When a lot is specified as ``one type,'' all kernels shall be

the same in shape and appearance; and,

(b) When a lot is specified and carton marked as ``California,''

kernels present may include any one or a combination of blanchable

varieties within the ``California'' Marketing Classification. In

addition, Nonpareil or similar types may be included provided that it

does not exceed twenty-five percent (25%), by weight, of the lot.

Sec. 51.2117 Whole.

Whole means that there is less than one-eighth of the kernel

chipped off or missing, and that the general contour of the kernel is

not materially affected by the missing part.

Sec. 51.2118 Clean.

Clean means that the kernel is practically free from dirt and other

foreign substance.

Sec. 51.2119 Well dried.

Well dried means that the kernel is firm and brittle, and not

pliable or leathery.

Sec. 51.2120 Decay.

Decay means that part or all of the kernel has become decomposed.

Sec. 51.2121 Rancidity.

Rancidity means that the kernel is noticeably rancid to the taste.

Sec. 51.2122 Insect injury.

Insect injury means that the insect, web, or frass is present or

there is definite evidence of insect feeding.

Sec. 51.2123 Foreign material.

Foreign material means pieces of shell, hulls or other foreign

matter which will not pass through a round opening \8/64\ of an inch

(3.2 mm) in diameter.

Sec. 51.2124 Doubles.

Doubles means kernels that developed in shells containing two

kernels. One side of a double kernel is flat or concave.

Sec. 51.2125 Split or broken kernels.

Split or broken kernels means seven-eighths or less of complete

whole kernels but which will not pass through a round opening \8/64\ of

an inch (3.2 mm) in diameter.

Sec. 51.2126 Particles and dust.

Particles and dust means fragments of almonds kernels or other

material which will pass through a round opening \8/64\ of an inch (3.2

mm) in diameter.

Sec. 51.2127 Injury.

Injury means any defect which more than slightly detracts from the

appearance of the individual almond. The following shall be considered

as injury:

Chipped and scratched kernels when the affected area on an

individual kernel aggregates more than the equivalent of a circle one-

eighth inch (3.2 mm) in diameter.

Sec. 51.2128 Damage.

Damage means any defect which materially detracts from the

appearance of the individual kernel, or the edible or shipping quality

of the almonds. Any one of the following defects or combination

thereof, the seriousness of which exceeds the maximum allowed for any

one defect shall be considered as damage:

(a) Chipped and scratched kernels, when the affected area on an

individual kernel aggregates more than the equivalent of a circle one-

quarter inch (6.4 mm) in diameter;

(b) Mold, when visible on the kernel, except when white or gray and

easily rubbed off with the fingers.

(c) Gum, when a film of shiny, resinous appearing substance affects

an area aggregating more than the equivalent of a circle one-quarter

inch (6.4 mm) in diameter;

(d) Shriveling, when the kernel is excessively thin for its size,

or when materially withered, shrunken, leathery, tough or only

partially developed: Provided, that partially developed kernels are not

considered damaged if more than three-fourths of the pellicle is filled

with meat;

(e) Brown spot on the kernel, either single or multiple, when the

affected area aggregates more than the equivalent of a circle one-

eighth inch (3.2 mm) in diameter; and,

(f) Skin discoloration when more than one-half of the surface of

the kernel is affected by very dark or black stains contrasting with

the natural color of the skin.

[[Page 17586]]

Sec. 51.2129 Serious damage.

Serious damage means any defect which makes a kernel or piece of

kernel unsuitable for human consumption, and includes decay, rancidity,

insect injury and damage by mold.

Sec. 51.2130 Diameter.

Diameter means the greatest dimension of the kernel, or piece of

kernel at right angles to the longitudinal axis. Diameter shall be

determined by passing the kernel or piece of kernel through a round

opening.

Sec. 51.2131 Fairly uniform in size.

Fairly uniform in size means that, in a representative sample, the

weight of 10 percent, by count, of the largest whole kernels shall not

exceed 1.70 times the weight of 10 percent, by count, of the smallest

whole kernels.

Dated: April 9, 1996.

Lon Hatamiya,

Administrator.

[FR Doc. 96-9829 Filed 4-19-96; 8:45 am]

BILLING CODE 3410-02-P