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(4) Manufacturing Grade Substandard Prune-sale by other than importer. Each wholesaler or other reseller of manufacturing grade substandard prunes should, for his protection, obtain from each purchaser and hold in his files an executed Prune Form No. 2 covering each sale during the calendar year.

(f) Reconditioning. Nothing contained in this section shall preclude the reconditioning of failing lots of prunes, prior to importation, so that such prunes may be made eligible tu meet the grade requirements prescribed pursuant to paragraph (b) (1) or (2) of this section.

(g) Books and records. Each person subject to this section shall maintain true and complete records of his transactions with respect to imported prunes. Such records and copies of executed forms shall be retained for not less than 2 years subsequent to the calendar year of acquisition. The Secretary, through his duly authorized representatives, shall have access to any such person's premises during regular business hours and shall be permitted at any such times to inspect such records and any prunes held by such person.

(h) Other restrictions. The provisions of this section do not supersede any restrictions or prohibitions on the importation of prunes under the Plant Quarantine Act of 1912, the Federal Food, Drug and Cosmetic Act, or any other applicable laws or regulations or the need to comply with applicable food and sanitary regulations of city, county, State, or Federal agencies.

(i) Compliance. Any person who violates any provision of this section shall be subject to a forfeiture in the amount prescribed in section 8a(5) of the Agricultural Marketing Agreement Act of 1937, as amended (secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601674), or, upon conviction, a penalty in the amount prescribed in section 8c(14) of said act, or to both such forfeiture and penalty. False representations to an agency of the United States on any matter within its jurisdiction, knowing it to be false, is a vio

lation of 18 U.S.C. 1001 which provides for a fine or imprisonment or both.

EXHIBIT A

GRADE REQUIREMENTS

A. Defects. Defects are: (1) Off-color; (2) inferior meat condition; (3) end cracks; (4) fermentation; (5) skin or flesh damage; (6) scab; (7) burned; (8) mold; (9) imbedded dirt; (10) insect infestation; (11) decay.

B. Explanation of terms. (1) "Off-color" means a dull color or skin differing noticeably in appearance from that which is characteristic of mature, properly handled fruit of a given variety or type.

(2) "Inferior meat condition" means flesh which is fibrous, woody, or otherwise inferior due to immaturity to the extent that the characteristic texture of the meat is substantially affected.

(3) "End cracks" means callous growth cracks, at the blossom end of prunes, aggregating more than three-eighths of one inch (%") but not more than one-half of one inch (1⁄2") in length.

(4) "Fermentation" means damage to the flesh by fermentation to the extent that the characteristic appearance or flavor is substantially affected.

(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.

(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 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 D.C. Agriculture, Washington,

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 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 1⁄4 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 regard to the restrictions of this section.

(2) Any person may import any lot of raisins which does not meet the applicable grade and size requirements of paragraph (b) of this section for use in the production of alcohol, syrup for industrial use, or which does not meet such requirements with respect to mechanical damage or sugaring for use in the production of raisin paste. Prior to such importation, such person shall file with the Customs Service Regional Commissioner or District Director, as applicable, at the port at which the customs entry is filed an executed "Raisins-Section 8e Entry Declaration" prescribed in paragraph (e)(2)(i) of this section as "Raisin Form No. 1". Promptly after such filing, such person shall transmit a copy of this form to the Fruit and Vegetable Division. No person may import, sell, or use any raisins which do not meet the applicable grade and size requirements of paragraph (b) of this section other than for use as set forth in this paragraph. Each person importing raisins, which do not meet the applicable grade and size requirements of para

graph (b) of this section, for use in the production of alcohol, syrup for industrial use, or raisin paste shall obtain from each purchaser, not later than the time of delivery to such purchaser, and file with the Fruit and Vegetable Division not later than the fifth day of the month following the month in which the raisins were delivered, an executed "Raisins-Section 8e Certification of Processor or Reseller," prescribed in paragraph (e)(2)(ii) of this section as "Raisin Form No. 2." One copy of this executed form shall be retained by the importer and one copy shall be retained by the purchaser. Each reseller of raisins imported pursuant to this subparagraph should, for his protection, obtain from each purchaser and hold in his files an executed Raisin Form No. 2, covering such sales of such raisins during the calendar year. One copy of this executed form shall be retained by the reseller and one copy shall be retained by the purchaser.

(i) Raisin Form No. 1. The following is prescribed as Raisin Form No. 1.

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tural Marketing Service, U.S. Department of Agriculture, Washington, D.C. 20250, not later than the fifth day of the month following the month in which the raisins were delivered.

Dated:

Name of firm: Address: Signature: Title:

(ii) Raisin Form No. 2. The following is prescribed as Raisin Form No. 2. RAISIN FORM NO. 2

RAISINS-SECTION 8e CERTIFICATION OF
PROCESSOR OR RESELLER

I hereby certify to the U.S. Department of Agriculture that I have acquired the raisins covered by this certification; that I will use or sell them for use only in production of alcohol, syrup for industrial use, or raisin paste, as permitted by the Regulation Governing the Importation of Raisins (7 CFR 999.300; 37 FR 5282; 13634) and I am (check one or more if applicable):

-Producer of alcohol. syrup for industrial use. raisin paste. --Reseller. 1. Date of purchase:

2. Place of purchase:

-Producer of -Producer of

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such records and any imported raisins held by such person.

(g) Other restriction. The provisions of this section do not supersede any restrictions or prohibitions on the importation of raisins under the Federal Plant Quarantine Act of 1912, the Federal Food, Drug and Cosmetic Act, or any other applicable laws or regulations, or the need to comply with applicable food and sanitary regulations of city, county, State, or Federal agencies.

(h) Compliance. Any person violating any of the provisions of this regulation is subject to a forfeiture in the amount prescribed in section 8a(5) of the Agricultural Marketing Agreement Act of 1937, as amended (secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601674), or, upon conviction, a penalty in the amount prescribed in section 8c(14) of said act, or to both such forfeiture and penalty. False representation to an agency of the United States in any matter within its jurisdiction, knowing it to be false, is a violation of 18 U.S.C. 1001 which provides for a fine or imprisonment or both.

[37 FR 5282, Mar. 14, 1972, as amended at 37 FR 13635, July 12, 1972; 37 FR 23820, Nov. 9, 1972; 41 FR 52646, Dec. 1, 1976; 43 FR 47972, Oct. 18, 1978; 43 FR 57863, Dec. 11, 1978; 45 FR 65513, Oct. 3, 1980; 47 FR 51731, Nov. 17, 1982]

§ 999.400 Regulation governing the importation of filberts.

(a) Definitions. (1) "Filberts" means filberts or hazelnuts.

(2) "Inshell filberts" means filberts, the kernels or edible portions of which are contained in the shell.

(3) "Shelled filberts" means the kernels of filberts after the shells are removed.

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

(5) "USDA inspector" means a Federal or Federal-State inspector, Food Safety and Quality Service, United States Department of Agriculture, or any other duly authorized employee of the USDA.

(6) "Importation" means release from custody of the United States Bureau of Customs.

(b) Grade and size requirements. Except as provided in paragraph (d) of this section, no person shall import into the United States any lot of filberts unless the filberts meet the following requirements, which are identical to those for filberts grown in Oregon and Washington and handled pursuant to Order No. 982, as amended (7 CFR Part 982):

(1) Inshell filberts. All inshell filberts shall be of a quality equal to or better than the requirements of U.S. No. 1 grade and medium size as defined in the U.S. Standards for Filberts in the Shell (7 CFR 51), except that the tolerance for insect injury shall be two percent. With this modification, the U.S. No. 1 grade, medium size is identical to the Oregon No. 1 grade, medium size (as defined in the Oregon Grade Standards Filberts in Shell) and prescribed for inshell filberts under Order No. 982, as amended.

(2) Shelled filberts. All shelled filberts shall be of a quality equal to or better than the requirements prescribed in Exhibit A of this section.

(c) Inspection and certification requirements—(1) General. Compliance with the grade and size requirements of paragraph (b) of this section shall be determined on the basis of an inspection and certification by a USDA inspector.

(2) Inspection. Inspection shall be performed by USDA inspectors in accordance with the Regulations Governing the Inspection and Certification of Fresh Fruits and Vegetables and Related Products (7 CFR 51). The cost of each such inspection and related certification shall be borne by the applicant. Whenever filberts 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. Inspection must be completed prior to the importation of filberts. The applicant should make advance arrangements with the USDA inspection office to avoid delay in scheduling the inspection.

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