(h) Tolerances for certification of officially drawn samples. (1) When certifying samples that have been officially drawn and which represent a specific lot of frozen raspberries, the grade for such lot will be determined by averaging the total scores of all containers comprising the sample, if:

(i) Not more than one-sixth of such containers fails to meet all the requirements of the grade indicated by the average of such total scores, and, with respect to such containers which fail to meet the requirements of the indicated grade by reason of a limiting rule, the average score of all containers in the sample for the factor, subject to such limiting rule, must be within the range for the grade indicated;

(ii) None of the containers comprising the sample falls more than 4 points below the minimum score for the grade indicated by the average of the total scores; and

(iii) All containers comprising the sample meet all applicable standards of

15

50

50

Color...

Defects..

Character....

((A) Bright, practically uniform, typical color.

(B) Reasonably bright, reasonably uniform, typical color. (D) Fails to meet requirements for (B).

((A) Practically free from defects for the purposes of manufacturing.

(B) Reasonably free from defects for the purposes of manufacturing.

(D) Fails to meet requirements for (B).

((A) Good character for the purposes of manufacturing.

(B) Reasonably good character for the purposes of manufacturing.

(D) Fails to meet requirements for (B).

Normal flavor and odor.

U.S. grade for manufacturing.

[13 F. R. 4004]

§ 52.649 Frozen spinach. Frozen spinach is the product which is prepared from the succulent leaves and stems of fresh spinach (Spinacia oleracea) by sorting, trimming, washing, and precooking or blanching such leaves and stems and which is frozen and stored at a temperature necessary for the preservation of the frozen product.

(1)

(a) Grades of frozen spinach. "U. S. Grade A" or "U. S. Fancy" is the quality of frozen spinach that possesses a practically uniform bright typical green color, a good character, a normal flavor and ordor, is practically free from defects, and scores not less than 85 points when scored in accordance with the scoring system outlined in this section.

(2) "U. S. Grade B" or "U. S. Extra Standard" is the quality of frozen spinach that possesses a reasonably good uniform typical green color, a reasonably good character, a normal flavor and odor, is reasonably free from defects, and scores not less than 70 points when scored in accordance with the scoring system outlined in this section.

(3) "U. S. Grade D" or "Substandard" is the quality of frozen spinach that fails to meet the requirements of U. S. Grade B or U.S. Extra Standard.

(1) The

(b) Ascertaining the grade. grade of frozen spinach is ascertained after the spinach has been completely thawed under a gentle spray of tap water at a temperature of approximately 68° F., except that a representative portion of the frozen spinach is cooked without first thawing, when examining the product for grit, sand, or silt. The thawed spinach is then scored for the factors of color and absence of defects other than grit, sand, or silt. It is then cooked, in the manner described in this section, before evaluating the factor of character. The flavor and odor of frozen spinach is also determined after cooking. "Normal flavor and odor" means that the spinach is free from objectionable flavors and odors of any kind.

(2) The grade of frozen spinach may be ascertained by considering, in addition to the requirements of the respective grade, the following factors: Color, absence of defects, and character. The relative importance of each factor is expressed numerically on a scale of 100. The maximum number of points that may be given each factor is:

(c) Ascertaining the rating of each factor. The essential variations within each factor are so described that the value may be ascertained for each factor and expressed numerically. The numerical range within each factor is inclusive (for example, "17 to 20 points" means 17, 18, 19, or 20 points).

(1) Color. (i) Frozen spinach that possesses a practically uniform bright typical green color may be given a score of 17 to 20 points. "Practically uniform bright typical green color" means that the frozen spinach possesses a green color that is characteristic of the spinach from which prepared, is bright, and that there is not more than a slight variation in the green color.

(ii) If the frozen spinach possesses a reasonably good uniform typical green color, a score of 14 to 16 points may be given. Frozen spinach that falls into this classification shall not be graded above U. S. Grade B or U. S. Extra Standard, regardless of the total score for the product (this is a limiting rule). "Reasonably good uniform typical green color" means that the frozen spinach possesses

a green color that is characteristic of the spinach from which prepared, and may be variable but not to an extent that the appearance of the frozen product is materially affected.

(iii) Frozen spinach that is definitely off-color for any reason or that fails to meet the requirements of subdivision (ii) of this subparagraph may be given a score of 0 to 13 points and shall not be graded above U. S. Grade D or Substandard, regardless of the total score for the product (this is a limiting rule).

(2) Absence of defects. (1) The factor of absence of defects refers to the degree of freedom from grit, sand, or silt, seed heads, grass and weeds, crowns of root stubs, root stubs, and major and minor damage. Minute insignificant injuries shall not be considered as damage. The evaluation of the score points for the factor of absence of defects may be determined from Table A in this section which prescribes the maximum score which may be allowed for specified defects.

(a) "Grit, sand, or silt" means any particle of earthy material.

(b) "Major damage" means any yellow, brown or other discoloration which

covers an aggregate area of not less than 1 square inch of any leaf, portion of a leaf, stem, or portion of a stem; or any pathological injury or insect injury affecting any leaf, portion of a leaf, stem, or portion of a stem.

(c) "Minor damage" means any yellow, brown or other discoloration which covers an aggregate area of less than 1 square inch of any leaf, portion of a leaf, stem, or portion of a stem.

(ii) Frozen spinach that is practically free from defects may be given a score of 51 to 60 points. "Practically free from defects" means that the product contains no grit, sand, or silt that affects the eating quality or appearance of the frozen spinach, that for each 48 ounces drained weight there may be present not more than 1 root stub, and that for each 16 ounces drained weight there may be present:

(a) Not more than 2 tender crowns of roots with leaf clusters attached;

(b) Major and minor damage affecting not more than 8 leaves or stems or portions of leaves or stems, including major damage affecting not more than 4 leaves and stems or portions of leaves and stems;

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(c) Not more than 2 seed heads; and (d) Grass and weeds aggregating not more than 10 inches in length of which not more than 3 inches may be grass and weeds which detract noticeably from the appearance of the product.

(iii) If the frozen spinach is reasonably free from defects a score of 42 to 50 points may be given. Frozen spinach that falls into this classification shall not be graded above U. S. Grade B or U. S. Extra Standard, regardless of the total score for the product (this is a limiting rule). “Reasonably free from defects" means that the product may contain a trace of grit, sand, or silt that does not materially affect the eating quality or appearance of the frozen spinach, that for each 48 ounces drained weight there may be present not more than 3 root stubs, and that for each 16 ounces drained weight there may be present:

(a) Not more than 4 tender crowns of roots with leaf clusters attached;

(b) Major and minor damage affecting not more than 16 leaves and stems or portions of leaves and stems, including major damage affecting not more than 8 leaves and stems or portions of leaves and stems;

(c) Not more than 4 seed heads; and (d) Grass and weeds aggregating not more than 15 inches in length of which not more than 6 inches may be grass and weeds which detract noticeably from the appearance of the product.

(iv) Frozen spinach that fails to meet the requirements of subdivision (iii) of this subparagraph may be given a score of 0 to 41 points and shall not be graded above U. S. Grade D or Substandard, regardless of the total score for the product (this is a limiting rule).

(3) Character. (1) The factor of character refers to the condition and structural characteristics of the spinach leaves and stems or portions of leaves and stems. The degree of freedom from coarse or tough leaves and stems or coarse or tough portions of leaves and stems, the tenderness of the cooked spinach, and the degree of shredding, raggedness, or disintegration of the leaves and stems are considered under this factor.

(ii) The character of frozen spinach is ascertained after cooking 10 ounces of the thawed product in 16 ounces of water

for exactly 5 minutes at 212° F. in an uncovered container. The spinach is placed in the boiling water and cooking time starts at the time the water boils after the spinach is added. If the boiling point of the water is low, one minute shall be added to the cooking time for each 2o below 212° F.

(iii) Frozen spinach that possesses good character may be scored 17 to 20 points. "Good character" means that the cooked spinach is tender and practically free from coarse or tough leaves and stems or coarse or tough portions of leaves and stems and that the appearance of the cooked product is not materially affected by shredded, ragged, or disintegrated leaves and stems or portions of leaves and stems.

(iv) If the frozen spinach possesses a reasonably good character a score of 14 to 16 points may be given. Frozen spinach that falls into this classification shall not be graded above U. S. Grade B or U. S. Extra Standard, regardless of the total score for the product (this is a limiting rule). "Reasonably good character" means that the cooked spinach may possess a few coarse or tough leaves and stems or coarse or tough portions of leaves and stems, may be variable in tenderness, and that the appearance of the cooked product may be materially but not seriously affected by shredded, ragged, or distintegrated leaves and stems or portions of leaves and stems.

(v) Frozen spinach that fails to meet the requirements of subdivision (iv) of this subparagraph may be given a score of 0 to 13 points and shall not be graded above U. S. Grade D or Substandard, regardless of the total score for the product (this is a limiting rule).

(d) Tolerance for certification of officially drawn samples. (1) When certifying samples that have been officially drawn and which represent a specific lot of frozen spinach, the grade for such lot will be determined by averaging the total scores of all containers, if:

(i) Not more than one-sixth of the containers comprising the sample fails to meet all the requirements of the grade indicated by the average of such total scores, and with respect to such containers which fail to meet the requirements of the indicated grade by reason of a limiting rule, the average score of all

containers in the sample for the factor, subject to such limiting rule, must be within the range for the grade indicated: (ii) None of the containers comprising the sample fall more than 4 points below the minimum score for the grade indicated by the average of the total scores; and

(iii) All containers comprising the sample meet all applicable standards of quality promulgated under the Federal Food, Drug, and Cosmetic Act and in effect at the time of the aforesaid certification.

(e) Score sheet for frozen spinach.

1Indicates limiting rule within classification. [12 F. R. 6653]

§ 52.653 Frozen strawberries. Frozen strawberries are prepared from the properly ripened fresh fruit of the strawberry plant (Fragaria virginiana); are stemmed, washed, and sorted; may be packed with or without packing media; and are frozen and stored at temperatures necessary for the preservation of the product.

(a) Styles of frozen strawberries. (1) "Whole" or "whole strawberries."

(2) "Sliced" or "sliced strawberries." (b) Sizes of whole strawberries. Except with respect to "U. S. Grade A” or “U. S. Fancy" grade (not for manufacturing), the size of whole strawberries is not incorporated in the grades of the finished product since size, as such, is not a factor of quality for the purpose of these grades. When used in connection with the following sizes of whole

strawberries, the term "diameter" means the greatest dimension measured at right angles to a straight line running from the stem to the apex:

(1) Small size. Whole strawberries that measure less than % inch in diameter.

(2) Medium size. Whole strawberries that measure % inch to 1 inch, inclusive, in diameter.

(3) Large size. Whole strawberries that measure more than 1 inch in diameter.

(c) Grades of frozen strawberries (not for manufacturing). (1) "U. S. Grade A" or "U. S. Fancy" is the quality of frozen strawberries that possess similar varietal characteristics; possess a bright, practically uniform, typical color; are practically free from defects; possess a good character; possess a normal flavor and odor; and score not less than 85 points when scored in accordance with the scoring system outlined in this section. In addition to the foregoing requirements, whole strawberries of this grade may contain not more than 5 percent, by count, of whole strawberries that are small size, i. e., less than % inch in diameter.

(2) "U. S. Grade B" or "U. S. Choice" is the quality of frozen strawberries that possess similar varietal characteristics; possess a reasonably bright, reasonably uniform, typical color; are reasonably free from defects; possess a reasonably good character; possess a normal flavor and odor; and score not less than 70 points when scored in accordance with the scoring system outlined in this section.

(3) "U. S. Grade D” or “Substandard” is the quality of frozen strawberries that fail to meet the requirements of "U. S. Grade B" or "U. S. Choice."

(d) Grades of frozen strawberries for manufacturing. (1) “U. S. Grade A for Manufacturing" or "U. S. Fancy for Manufacturing" is the quality of frozen strawberries that possess similar varietal characteristics; that are of any size; that possess a bright, practically uniform, typical color; that are practically free from defects for the purposes of manufacturing, that possess a good character for the purposes of manufacturing; and that possess a normal flavor and odor.