ameter, which significantly affect the appearance of the unit;

(ii) Definitely corky or hard spots ("corns") on outer surfaces, aggregating the area of a circle 1⁄2 inch in diameter or less, which are not accompanied by material discoloration;

(iii) Any similar surface defect that no more than materially affects the appearance of the unit.

(5) "Blemishes" on a unit include: (i) Scab, hail injury, discoloration (abnormal), or other abnormality, aggregating the area of a circle more than 1/4 inch in diameter;

(ii) Dark brown areas, aggregating the area of a circle 14 inch or less in diameter, which materially affect the appearance of the unit;

(iii) Definitely corky or hard spots ("corns”) on outer surfaces, aggregating the area of a circle more than 1⁄2 inch in diameter, which are not accompanied by material discoloration; and

(iv) Very dark brown, black, or other very dark spots, regardless of area, which materially affect the appearance or edibility of the unit.

(6) "Moderately trimmed" in the style of halves means that the unit:

(i) Is noticeably trimmed but retains the resemblance of a normal shape for the unit; and/or

(ii) Has gouges or similar cuts, indentations, or knife marks on the backs, edges, or surfaces that no more than materially affect the appearance of the unit; and/or

(iii) Shows marks of double stemming; and/or

(iv) Possesses moderate trimming on the face; and/or

(v) Is deeply or non-symmetrically cored and stemmed.

(7) "Moderately trimmed" in the style of quarters or whole means that the unit:

(i) Is noticeably trimmed but retains the resemblance of a normal shape for the unit; and/or

(ii) Has gouges or similar cuts, indentations, or knife marks on the edges or surfaces that no more than materially affect the appearance of the unit.

(8) "Seriously trimmed" in the style of halves means that the unit:

(1) Is more than moderately trimmed; and/or

(ii) Is so trimmed (including gouges on the backs, edges, or surfaces) that the appearance is seriously affected but

the unit retains a reasonably normal shape; and/or

(iii) Is so trimmed that parts of the calyx have not been removed so that the appearance is seriously affected.

(9) "Seriously trimmed" in the style of quarters or whole means that the unit:

(i) Is more than moderately trimmed; and/or

(ii) Is so trimmed (including gouges on the edges or surfaces) that the appearance is seriously affected but the unit retains a reasonably normal shape.

(10) "Crushed" means that the unit in the styles of halves, quarters, slices, or whole:

(1) Has lost its normal shape; and/or (ii) Bears marks of crushing; and/or (iii) Is crushed otherwise but not due to ripeness.

(11) "Broken” means that the unit in the styles of halves, quarters, slices, or whole:

(1) Is severed into definite parts; but halves which are slightly split from the edge to the core cavity or at the stem end are not "broken;"

(ii) Portions equivalent to a full-size unit are considered as "one unit” in determining the percentage by count.

(12) "Other defects" or "other defective units" include:

(1) Any not specifically defined or mentioned (such as, but not limited to, a unit in halves style which is only partially cored) which materially affect the appearance or edibility of the unit;

(ii) Any not specifically defined or mentioned (such as, but not limited to, a unit in halves style which is not completely cored) which seriously affect the appearance or edibility of the unit.

(c) Explanation of terms. For the purposes of Table IV of this subpart:

(1) "1 unit" without further qualification means that an alternative allowance of one unit affected as described is permitted in a container when the percentage allowance by count would be exceeded by the one unit.

(2) "1 unit (avg)" means that an allowance of one unit affected as described is permitted in a container when the percentage allowance by count would be exceeded by the one unit: Provided, That in all containers comprising the sample such units affected as described do not exceed the allowance on an average based on the total number of units in the sample.

(a) General. The factor of character refers to the degree of ripeness, the texture, and tenderness of the product.

(b) (A) classification.' Halves, quarters, slices, diced, or whole canned pears that possess a good character may be given a score of 27 to 30 points. "Good character" has the following meanings with respect to the various styles of canned pears:

(1) Halves; quarters. The units possess a texture typical of properly and uniformly ripened pears that are properly processed; the texture is fleshy and free from noticeable graininess or toughness; the units are tender; the units are uniformly intact and pliable but firm enough to possess well-defined edges with no visible breaking down of the flesh; and not more than 10 percent, by count, of the units may possess a reasonably good character. One unit in a container is permitted to have a reasonably good character if one unit exceeds the allowance of 10 percent, by count: Provided, That in all containers comprising the sample, the units with reasonably good character do not exceed an average of 10 percent, by count, of the total number of units.

(2) Whole. The units possess a texture typical of properly and uniformly ripened pears that are properly processed; the texture is fleshly and free from noticeable graininess or toughness; the units are uniformly intact and firm with no visible breaking down of the flesh; and not more than 10 percent, by count of the units may possess a reasonably good character. One unit in a container is permitted to have a reasonably good character if one unit exceeds the allowance of 10 percent, by count: Provided, That in all containers comprising the sample the units with reasonably good character do not exceed an average of 10 percent, by count, of the total number of units.

(3) Slices; diced. The product generally possess a texture typical of properly and uniformly ripened pears that are properly prepared and processed and not more than 10 percent, by weight, of the drained pears may be disintegrated or mushy.

(c) (B) classification. Halves, quarters, slices, diced, or whole canned pears that possess a reasonably good character

and mixed pieces of irregular sizes and shapes of canned pears that possess at least a reasonably good character may be given a score of 24 to 26 points. Canned pears that fall into this classification shall not be graded above U.S. Grade B, regardless of the total score for the product (this is a limiting rule). "Reasonably good character" has the following meanings with respect to the following styles of canned pears:

(1) Halves; quarters; mixed pieces of irregular sizes and shapes. The units possess a texture typical of properly ripened pears that are properly processed; the units may possess a texture of moderate graininess; the units are reasonably tender or the tenderness may be variable within the unit; the units may be slightly firm or slightly ragged with slightly frayed edges or slightly soft but are not mushy; and not more than 10 percent, by count, of the units may possess a fairly good character. One unit in a container is permitted to have a fairly good character if one unit exceeds the allowance of 10 percent, by count: Provided, That in all containers comprising the sample the units with fairly good character do not exceed an average of 10 percent, by count, of the total number of units.

(2) Whole. The units possess a texture typical of properly ripened pears that are properly processed, the units may possess a texture of moderate graininess; the units are reasonably tender or the tenderness may be variable within the unit; the units may be slightly firm or slightly ragged or slightly soft but are not mushy; and not more than 10 percent, by count, of the units may possess a fairly good character. One unit in a container is permitted to have a fairly good character if one unit exceeds the allowance of 10 percent, by count: Provided, That in all containers comprising the sample the units with fairly good character do not exceed an average of 10 percent, by count, of the total number of units.

(3) Slices, diced. The product generally possesses a texture typical of properly ripened pears that are properly prepared and processed and not more than 15 percent, by weight, of the drained pears may be disintegrated or mushy.

(d) (C) classification. Halves, quare ters, slices, diced, whole, or mixed pieces of irregular sizes and shapes of canned

pears that possess a fairly good character may be given a score of 21 to 23 points. Canned pears that fall into this classification shall not be graded above U.S. Grade C, regardless of the total score for the product (this is a limiting rule). "Fairly good character" has the following meanings with respect to the following styles of canned pears:

(1) Halves; quarters; mixed pieces of irregular sizes and shapes. The units possess a texture of properly processed pears which may be variable; the units may possess a texture of marked graininess; the units may be lacking uniformity of tenderness; the units may be markedly firm or markedly ragged with frayed edges or may be soft; and not more than 10 percent, by weight, of the drained pears may be mushy or consist of units with hard-calyx ends or units that are not tender.

(2) Whole. The units possess a texture of properly processed pears which may be variable; the units may possess a texture of marked graininess; the units may be lacking uniformity of tenderness; the units may be markedly firm or markedly ragged or soft; and not more than 10 percent, by count, of the units may be mushy or consist of units with hard-calyx ends or units that are not tender. One unit in a container is permitted to be mushy or possess hard-calyx ends or not tender: Provided, That in all containers comprising the sample, all of such units do not exceed an average of 10 percent, by count, of the total number of units.

(3) Slices; diced. The product generally possesses a texture typical of properly prepared and processed pears and not more than 20 percent, by weight, of the drained pears may be disintegrated or mushy.

(e) (SStd) classification. Halves, quarters, slices, diced, whole, and mixed pieces of irregular sizes and shapes of canned pears that fail to meet the requirements of paragraph (d) of this section or that are "not tender" may be given a score of 0 to 20 points and shall not be graded above Substandard, regardless of the total score for the product (this is a limiting rule). Halves, quarters, slices, diced, whole, or mixed pieces of irregular sizes and shapes of canned pears that are "not tender" are also "Below Standard in Quality-Not Tender."

canned vegetables (21 CFR 51.990) issued pursuant to the Federal Food, Drug, and Cosmetic Act.

(b) "Canned black-eye peas" means canned black-eye peas as defined in the definitions and standards of identity for canned vegetables (21 CFR 51.990), issued pursuant to the Federal Food, Drug, and Cosmetic Act.

(c) "Canned peas" means canned field peas or canned black-eye peas.

(d) "Snap" or "snaps” means a piece or pieces of immature unshelled pods.

(e) "Canned peas without snaps" means canned peas which do not contain immature unshelled pods or pieces thereof.

(f) "Canned peas with snaps" means canned peas which contain pieces of immature unshelled pods.

(g) "Unit" means an individual field pea or black-eye pea or a piece of immature unshelled pod of either. § 52.1642 Grades of canned peas.

(a) "U.S. Grade A” or “U.S. Fancy" is the quality of canned peas that possess similar varietal characteristics; that possess a normal flavor and odor; that are fairly young; that are practically free from defects; that possess at least a fairly good color; and that score not less than 85 points when scored in accordance with the scoring system outlined in this subpart.

(b) “U. S. Grade C" or "U. S. Standard" is the quality of canned peas that possess similar varietal characteristics; that possess a normal flavor and odor; that possess a fairly good color; that are nearly mature; that are fairly free from defects; and that score not less than 70 points when scored in accordance with the scoring system outlined in this subpart.

(c) "U. S. Grade D" or "Substandard” is the quality of canned peas that fail to meet the requirements of U. S. Grade C or U. S. Standard.

FILL OF CONTAINER AND DRAINED WEIGHTS § 52.1643 Recommended fill of container.

The recommended fill of container is not incorporated in the grades of the finished product since fill of container, as such, is not a factor of quality for the purpose of these grades. It is recommended that each container of canned peas be filled with field peas or black-eye peas as full as practicable without impairment of quality and that

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the product and packing medium occupy not less than 90 percent of the total capacity of the container.

§ 52.1644 Recommended drained weight.

The drained weight recommendations in Table No. I of this section are not incorporated in the grades of the finished product since drained weight, as such, is not a factor of quality for the purpose of these grades. The drained weight of canned peas is determined by emptying the contents of the container upon a No. 8 sieve of proper diameter and allowing to drain for 2 minutes. A sieve 8 inches in diameter is used for the No. 22 size can (401 x 411) and smaller sizes; and a sieve 12 inches in diameter is used for containers larger than the No. 22 size can.