(5) "Skin or flesh damage” means growth cracks, splits, breaks in skin or flesh of the following descriptions:

(a) Callous growth cracks, except end cracks as defined in this section, aggregating more than three-eighths of one inch (%") in length;

(b) Splits or skin breaks exposing flesh and materially affecting the normal appearance of the prunes;

(c) Any cracks, splits, or breaks open to the pit;

(d) Healed or unhealed surface or flesh blemishes caused by insect injury and which materially affect appearance, edibility or keeping quality.

(6) "Scab" means tough or thick scab exceeding in the aggregate the area of a circle three-eighths of one inch (%") in diameter or by unsightly scab of another character exceeding in the aggregate the area of a circle three-fourths of one inch (3⁄41⁄4") in diameter.

(7) "Burned” means injury by sunburn or excessive heat in dehydration to the extent that the characteristic appearance, flavor or edibility of the fruit is noticeably affected.

(8) "Mold" means a characteristic fungus growth and is self-explanatory.

(9) "Imbedded dirt" means the presence of dirt or other extraneous material so imbedded in, or adhering to, the prune that it cannot readily be removed in washing the fruit.

(10) "Insect infestation" means the presence of insects, insect fragments or insect remains.

C. Maximum tolerances. Tolerance allowances shall be on a weight basis and shall not exceed the following:

(1) There shall be no tolerance allowance for live insect infestation.

(2) The tolerance allowances for decay shall not exceed one percent (1%).

(3) The combined tolerance allowance for mold, imbedded dirt, insect infestation, and decay shall not exceed five percent (5%).

(4) The combined tolerance allowance for fermentation, skin or flesh damage, scab, burned, mold, imbedded dirt, insect infestation, and decay shall not exceed eight percent (8%).

(5) The combined tolerance allowance for end cracks, fermentation, skin or flesh damage, scab, burned, mold, imbedded dirt, insect infestation, and decay shall not exceed ten percent (10%), except that the first eight percent (8%) of end cracks shall be given one-half value and any additional percentage of end cracks shall be given full value.

percent (8%) of end cracks shall be given one-half value and any additional percentage of end cracks shall be given full value. [36 FR 18782, Sept. 22, 1971, as amended at 47 FR 47230, Oct. 25, 1982]

§ 999.300 Regulation governing importation of raisins.

(a) Definitions. For purposes of this section:

(1) "Raisins" means grapes from which a part of the natural moisture has been removed.

(2) “Varietal type" means the applicable one of the following: Thompson Seedless Raisins, Muscat Raisins, Layer Muscat Raisins, and Monukka Raisins Currant Raisins.

(3) "Thompson Seedless Raisins” includes those raisins commonly referred to in international trade as Sultana raisins and means raisins made from Thompson Seedless (Sultana) grapes and from grapes with characteristics similar to Thompson Seedless (Sultanina) grapes.

(4) "Person" means any individual, partnership, corporation, association, or other business unit.

(5) “Fruit and Vegetable Quality Division" means the Fruit and Vegetable Quality Division of the Food Safety and Quality Service, U.S. Department of Agriculture, Washington, D.C. 20250.

(6) “USDA inspector" means an inspector of the Processed Products Branch, Fruit and Vegetable Quality Division, or any other duly authorized employee of the U.S. Department of Agriculture.

(7) "Importation of raisins" means the release of raisins from custody of the U.S. Customs Service.

(8) "Fruit and Vegetable Division" means the Fruit and Vegetable Division of the Agricultural Marketing Service, U.S. Department of Agriculture, Washington, D.C. 20250.

(b) Grade and size requirements. The importation of raisins into the United States is prohibited unless the raisins are inspected and certified as provided in this section. Except as provided in paragraph (e)(2) of this section, no person may import raisins into the United States unless such raisins have been inspected and certified by a USDA inspector as to whether or

(6) The combined tolerance allowance for off-color, inferior meat condition, end cracks, fermentation, skin or flesh damage, scab, burned, mold, imbedded dirt, insect infestation, and decay shall not exceed fifteen percent (15%), except that the first eight

not the raisins are of a varietal type and, if of a varietal type, as at least meeting the following applicable grade and size requirements, which requirements are the same as, or are determined to be comparable to, those imposed upon domestic raisins handled pursuant to Order No. 989, as amended (Part 989 of this chapter):

(1) With respect to Thompson Seedless Raisins and Monukka Raisinsthe requirements of "U.S. Grade C" as defined in the currently effective U.S. Standards for Grades of Processed Raisins (§§ 52.1841-52.1858 of this title), except that: (i) The color requirements prescribed in those standards shall not be applicable; and (ii) the allowances prescribed in Table I of those standards for pieces of stem and capstems shall not be applicable, and in lieu of those allowances, not more than 2 pieces of stem per kilogram of raisins may be present and not more than 50 capstems per 500 grams of raisins may be present.

(2) With respect to Muscat Raisinsthe requirements of "U.S. Grade C" as defined in the said standards.

(3) With respect to Layer Muscat Raisins-the requirements of "U.S. Grade B" as defined in said standards.

(4) With respect to Currant Raisins, the requirements of U.S. Grade B as defined in the said standards.

(5) With respect to Monukka raisins-the requirements for Thompson Seedless raisins set forth in this paragraph, except that the allowance for moisture shall be 19 percent rather than 18 percent.

(6) Through November 30, 1983, with respect to all imported raisins defined under the import regulation, the tolerances for moldy and damaged raisins shall be five percent and 10 percent, respectively, and the total tolerance for discolored, damaged, and moldy raisins shall be 15 percent. Also, the tolerance for determining "slight discoloration damage" and "discoloration damage" around the capstem shall be 14 inch in diameter. In addition, the requirement in U.S. Grade C for seedless raisins that not less than 55 percent of the raisins must be well matured or reasonably well-matured shall not apply to Thompson Seedless and Monukka raisins.

(c) Inspection and certification requirements. (1) All inspections and certifications required by paragraph (b) of this section shall be made by USDA inspectors in accordance with the regulations governing inspection and certification of processed fruits and vegetables, processed products thereof, and certain other processed food products (Part 52 of this title). The cost of each such inspection and certification shall be borne by the applicant.

(2) Each lot of raisins inspected in accordance with paragraph (c)(1) of this section shall be covered by an inspection certificate. Each such certificate shall set forth, among other things, the following:

(i) The date and place of inspection; (ii) The name of the applicant; (iii) The name of the importer; (iv) The quantity and identifying marks of the lot inspected;

(v) The statement, as applicable, "Meets U.S. import requirements under section 8e of the AMA Act of 1937" or "Fails to meet U.S. import requirements under section 8e of the AMA Act of 1937"; and

(vi) If the lot fails to meet the import requirements, a statement of the reasons therefor.

(3) Whenever raisins are offered for inspection, the applicant shall furnish any labor and pay any costs incurred in moving and opening containers as may be necessary for proper sampling and inspection. The applicant shall also furnish the USDA inspector the entry number and such other identifying information for each lot as he may request. "To avoid delay in scheduling the inspection the applicant should make advance arrangements with the USDA inspection office."

(d) Reconditioning. Nothing contained in this section shall preclude the reconditioning of failing lots of raisins prior to importation of raisins in order that such raisins may be made eligible to meet the applicable grade and size requirements in paragraph (b) of this section.

(e) Exemptions. (1) Notwithstanding any other provision of this section, any lot of raisins which in the aggregate does not exceed 100 pounds, net weight, may be imported without