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(iv) And of all the units in the container, in the 90 percent, by count, which are most uniform in diameter, the diameter of the unit with the greatest diameter does not exceed the diameter of the unit with the smallest diameter by more than 34 inch.

(2) Short spears. Of all the short spears in the container, in the 95 percent, by weight, that are the largest short spears, the weight of the largest short spear is not more than three times the weight of the smallest short spear.

(3) Cuts. Not more than 10 percent, by weight, of the units may be 1⁄2 inch or less in length; and the appearance of the product is not materially affected by variation in size.

(4) Chopped. Not more than 5 percent, by weight, of the units may be 3/4 inch or more in length.

(c) (B) classification. If the frozen broccoli of any style is fairly uniform in size a score of 8 points may be given. "Fairly uniform in size" has the following meanings for the respective styles:

(1) Spears. (i) Of all the units in the container, in the 90 percent, by count, which are of the most uniform lengths, the length of the longest unit does not exceed the length of the shortest unit by more than 2 inches; and

(ii) Of all the units in the container, in the 90 percent, by count, which are most uniform in diameter, the diameter of the unit with the greatest diameter does not exceed the diameter of the unit with the smallest diameter by more than 3/4 inch.

(2) Short spears. Of all the short spears in the container, in the 95 percent, by weight, that are the largest short spears, the weight of the largest short spear is not more than four times the weight of the smallest short spear.

(3) Cuts. Not more than 20 percent, by weight, of the units may be 1⁄2 inch or less in length and the appearance of the product is not seriously affected by variation in size.

(4) Chopped. Not more than 10 percent, by weight, of the units may be 34 inch or more in length.

(5) Pieces. The variation in size of the individual units does not seriously affect the appearance of the product.

(d) (SStd.) classification. Frozen broccoli of any style that fails to meet the requirements of paragraph (c) of

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(a) General. The factor of defects refers to the degree of trimming and to the degree of freedom from grit or silt, harmless extraneous vegetable material, detached fragments, broken units and from units that are damaged or seriously damaged.

(b) Definitions of defects. (1) “Grit or silt" means sand or any other particle of earthy material.

(2) "Harmless extraneous vegetable material" means vegetable substances other than broccoli, such as weeds and grass or any portions thereof, that are harmless.

(3) "Loose leaves or pieces thereof" means leaves or pieces of leaves not attached to a unit.

(4) "Detached fragments" in the styles of spears and short spears means any small pieces or detached portions other than loose leaves or portions thereof, which weigh 0.2 ounce or less.

(5) "Broken" in the styles of spears and short spears means any broken or detached portions, other than loose leaves or portions thereof, which weigh more than 0.2 ounce and are definitely not intact units.

(6) "Well trimmed" means that the appearance of a spear or short spear is not materially affected by the presence of attached leaves or pieces of leaves and not more than slightly affected by ragged or partial removal of leaves or small side shoots, or by poor cutting of the stem in the case of spears.

(7) "Reasonably well trimmed" means that the appearance of the spear or short spear is not seriously affected by the presence of attached leaves or pieces of leaves and not materially affected by ragged or partial removal of leaves or small side shoots, or by poor cutting of the stem in the case of spears.

(8) "Poorly trimmed" means that the appearance of the spear or short spear is seriously affected by the presence of attached leaves or pieces of leaves, by ragged or partial removal of leaves or small side shoots, or by poor cutting of the stem in the case of spears.

(9) "Damaged" means damage by discoloration, mechanical injury, hollow stems, pithy stems, or by other means to the extent that the appearance or eating quality of the unit is materially affected.

(10) "Seriously damaged" means damaged to such an extent that the appearance or eating quality of the unit is seriously affected.

(c) (A) classification. Frozen broccoli of any style, other than the style of "Pieces", that is practically free from defects may be given a score of 31 to 35 points. "Practically free from defects" means that there may be present no grit or silt that affects the appearance or eating quality of the product; and in addition has the following meanings for the respective styles:

(1) Spears; short spears. The product does not exceed the applicable allowances prescribed for the respective type of defect in Table I of this subpart;

(2) Cuts; chopped. The product does not exceed the applicable allowances prescribed for the respective type of defect in Table II of this subpart; and

(3) All styles, other than "Pieces". Notwithstanding the specified allowances in Table I and Table II of this subpart, the presence of defects, whether or not specifically mentioned, individually or collectively does not materially affect the appearance or eating quality of the product.

(d) (B) classification. Frozen broc

coli of any style that is reasonably free from defects may be given a score of 28 to 30 points. Frozen broccoli that falls 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 free from defects" means that a trace of grit or silt may be present that does not materially affect the appearance or eating quality of the product; and in addition has the following meanings for the respective styles:

(1) Spears; short spears. The product does not exceed the applicable allowances prescribed for the respective type of defect in Table I of this subpart;

(2) Cuts; chopped; pieces. The product does not exceed the applicable allowances prescribed for the respective type of defect in Table II of this subpart; and

(3) All styles. Notwithstanding the specified allowances in Table I and Table II of this subpart, the presence of defects, whether or not specifically mentioned, individually or collectively does not seriously affect the appearance or eating quality of the product.

(e) (SStd.) classification. Frozen broccoli of any style that fails to meet the requirements of paragraph (d) of this section may be given a score of 0 to 27 points. Frozen broccoli that falls into this classification shall not be graded above "Substandard" regardless of the total score for the product (this is a limiting rule).

TABLE I-MAXIMUM ALLOWANCES FOR DEFECTS IN THE STYLES OF SPEARS AND SHORT SPEARS

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One unit in a container is permitted to be poorly trimmed, and 1 unit broken, damaged or seriously damaged; Provided, That the total number of such units in all the containers comprising the sample does not exceed the percentage allowed for such defect

But no more than

5

20

20

But no more

10

than

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(i) With respect to the styles of spears and short spears, the spreading of the branching bud clusters which comprise the head of the unit does not materially affect the appearance of the unit; and

(ii) The broccoli is in the early stage of maturity such that, with respect to the styles of spears and short spears, the individual buds and the immediate stems supporting the individual buds form a compact bud cluster; and with respect to all styles, the individual buds are all practically closed and are not more than slightly enlarged.

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and with respect to all styles, the individual buds are not more than moderately enlarged and practically none of the individual buds are in the flowered stage.

(3) "Poorly developed" means that:

(i) With respect to the styles of spears and short spears, the branching bud clusters which comprise the head of the unit may be spread to the extent that the appearance of the unit is seriously affected; and

(ii) The broccoli is in the advanced stage of maturity such that, with respect to the styles of spears and short spears, the individual buds and the immediate stems supporting the individual buds form a loosely structured bud cluster; and with respect to all styles, the individual buds are in the flowered stage or are more than moderately enlarged with or without reaching the flowered stage. (c) (A) classification. Frozen broccoli of any style, other than the style of "Pieces", that possess a good character may be given a score of 32 to 35 points. "Good character" has the following meanings for the respective styles:

(1) Spears; short spears. The units are tender and free from tough fiber; not less than 80 percent, by count, of all the units are well developed; and none of the units may be poorly developed.

(2) Cuts; chopped. The broccoli is tender and free from tough fiber; and the buds are well developed or reasonably well developed.

(d) (B) classification. Frozen broccoli of any style that possesses a reasonably good character may be given a score of 28 to 31 points. Frozen broccoli that falls 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 for the respective styles:

(1) Spears; short spears. The units are reasonably tender; not less than 90 percent, by count, of all the units are well developed or reasonably well developed; and not more than 10 percent, by count, of all the units may possess tough fiber.

(2) Cuts. The units are reasonably tender; not more than 10 percent, by weight, of all the units may possess tough fiber; and not more than 5 percent, by weight, of all the units may be poorly developed.

(3) Chopped; pieces. The broccoli is reasonably tender and practically free

from tough fiber; and the presence of buds which are poorly developed does not materially affect the appearance or eating quality of the product.

Frozen

(e) (SStd.) classification. broccoli of any style that fails to meet the requirements of paragraph (d) of this section may be given a score of 0 to 27 points. Frozen broccoli that falls into this classification shall not be graded above "Substandard" regardless of the total score for the product (this is a limiting rule).

METHOD OF ANALYSIS

§ 52.640 Ascertaining proportions of head material and leaf material. (a) Definitions. For the purpose of determining percent, by weight, of head material and leaf material in the styles of cut and chopped broccoli:

(1) "Head material" consists of buds or bud clusters whether or not attached to a portion of a spear and includes the fine stem material to which buds or bud clusters are attached to the main stem;

(2) "Leaf material" means a leaf or any portion thereof whether or not attached to a portion of a spear.

(b) Method. The percent, by weight, of head material, loose leaves or portions thereof in cut and chopped broccoli may be determined as follows:

Equipment needed.

250 ml beaker.

Gram scale, or other suitable scale graduated to 0.1 ounce.

Laboratory tweezers, scalpel or any other instrument suitable for separating the stem material, leaf material, and head material. Flat grading tray. Procedure.

(1) Thoroughly mix sample to be tested. (2) Weigh approximately 100 grams or 3 ounces of sample in a previously tared 250 ml beaker.

(3) Spread contents of beaker out on a flat grading tray.

(4) Separate the stem material from the head and leaf material; weigh the stem material, and record.

(5) Separate the leaf material from the head material; weigh each separately and record.

(6) The weight of the head material divided by the sum of the weights of the stem, head, and leaf materials multiplied by 100 is the percent, by weight, of head material.

(7) The weight of the leaf material divided by the sum of the weights of the stem, head, and leaf materials multiplied by 100 Is the percent, by weight, of leaf material.

(c) Compliance. Compliance with the requirements for the percent, by weight,

of leaf material and head material in the styles of "cut" and "chopped" broccoli is determined by averaging the weight of the head material and leaf material separately from all the containers comprising the samples; provided, no single container contains less than 15 percent, by weight, of head material, or more than 35 percent, by weight, of leaf material.

LOT INSPECTION AND CERTIFICATION § 52.641 Ascertaining the grade of a lot. The grade of a lot of frozen broccoli covered by these standards is determined by the procedures set forth in the Regulations Governing Inspection and Certification of Processed Fruits and Vegetables, Processed Products Thereof, and Certain Other Processed Food Products (§§ 52.1 to 52.87 of this title).

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(a) "U.S. Grade A" or "U.S. Fancy" is the quality of frozen Brussels sprouts that possess similar varietal characteristics; that possess a good color; that are practically free from defects; that possess a good character; that possess a good flavor and odor; and that score not less than 90 points when scored in accordance with the scoring system outlined in this subpart.

(b) "U.S. Grade B" or "U.S. Extra Standard" is the quality of frozen Brussels sprouts that possess similar varietal characteristics; that possess a reasonably good color; that are reasonably free from defects; that possess a reasonably good character; that possess a good flavor and odor; and that score not less than 80 points when scored in accordance with the scoring system outlined in this subpart.

(c) "U.S. Grade C" or "U.S. Standard" is the quality of frozen Brussels sprouts that possess a fairly good color; that are fairly free from defects; that possess a fairly good character; that possess a fairly good flavor and odor; and that score not less than 70 points when scored in accordance with the scoring system outlined in this subpart.

(d) "U. S. Grade D” or “Substandard” is the quality of frozen Brussels sprouts that fails to meet the requirements of U. S. Grade C or U. S. Standard.

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are determined immediately after thawing so that the product is sufficiently free from ice crystals to permit proper handling as individual units and the product is completely thawed to determine the factor of character. The product is cooked to determine the flavor and odor.

(d) "Good flavor and odor" means that the product after cooking has a good, characteristic, normal flavor and odor and is free from objectionable flavors and objectionable odors of any kind.

(e) "Fairly good flavor and odor" means that the product after cooking may be lacking in good flavor and odor but is free from objectionable flavors and objectionable odors of any kind.

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(a) General. The color of Brussels sprouts is based on the characteristic and predominating color of the outer surfaces of the Brussels sprouts.

(1) "Yellow-green" means a predominating characteristic green color with a definite yellow cast.

(2) "Yellow" means a predominating characteristic yellow color with slight tinges of green or a predominating characteristic yellow color typical of the color Brussels sprouts possess after the outer green leaves have been removed.

(b) (A) classification. Frozen Brussels sprouts that possess a good color may be given a score of 27 to 30 points. "Good color" means that not more than 5 percent, by count, of the units may be yellow and that the remainder of the units are yellow-green or more green in color. One Brussels sprout in a single container is permitted to be yellow if such unit exceeds the allowance of 5 percent.

(c) (B) classification. If the frozen Brussels sprouts possess a reasonably good color, a score of 24 to 26 points may be given. Frozen Brussels sprouts that fall into this classification shall not be

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