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Friday, September 5, 1947

5909

FEDERAL REGISTER

2 Second Quality Grade Walnuts.
5 Broken shells. Walnuts with any Second Quality Grade Walnuts shall con material portion of the shell missing or tain not less than 86 percent, by count, of with the halves completely broken apart kernels practically free, from defects, ex or separated.
cept that 90 percent of the kernels shall 6 Split shells or splits. Walnuts meet the minimum specifications estab with -the shell halves completely sepa lished herein for Third Quality Grade.
rated but held together by the kernel.
c Quality grade specifications. The At least 30 percent of the kernels in any lot shall be light in color in accordance duality grade of any lot of walnuts shall with the W CB Color Chart; only sound be the highest quality grade to which kernels shall be scored light. In deter such lot is eligible under the following mining the percentage of sound kernels specifications. Within a 5 percent tol in a lot of walnuts for qualification as of erance, no quality grade shall be given Second Quality Grade, all walnuts show any lot of walnuts unless the kernels are ing the defects described under First well dried firm and crisp. A kernel, Quality Grade, shall not be considered as as referred to herein, means all of the sound, except that:
non-fibrous content of one individual i Partially moldy kernels. Kernels walnut, i. e two halves, four quarters, affected by a slight covering of white or etc. The color chart referred to in these gray mold which does not affect more specifications as the W C B color chart is than one-fourth of the surface of the the chart adopted June 15, 1944 by the kernel will be classed as sound.
then Program Committee under W ar ii Shriveled kernels. The provisions Pood Order 82, and is available for in under First Quality Grade for scoring spection at the office of the Walnut shriveled kernels in walnuts produced in Control Board, 213 Wholesale Terminal the States of Oregon and Washington Building, Los Angeles 21, California.
1 First Quality Grade Walnuts. shall apply to California walnuts in scor ing for shriveling under Second Quality First Quality Grade walnuts shall con Grade.
tain not less than 90 percent, by count, 3 Third quality grade walnuts. The of nuts, the kernels of which are free minimum requirements for this grade are from defects, except that not less than the minimum specifications for quality 95 percent, by count, shall be free from and soundness for merchantable wal insect damage. At least 50 percent of nuts. Third Quality Grade shall contain the kernels in any lot shall be light in not less than 90 percent, by count, of color in accordance with the W CB color passable kernels. In determining the chart; only sound kernels shall be scored percentage of passable kernels in a lot light. In determining the percentage of walnuts, all walnuts, the kernels of of sound kernels in a lot of walnuts for which show the following defects, shall qualification as of. First Quality Grade, not be considered passable:
all walnuts the kernels of which show i Insect damage. Kernels affected the following defects shall not be consid in any way by codling moth larvae, ants, ered as sound:
moths, beetles, or any other insects.
i Insect damage. Kernels affected ii Moldy kernels. Kernels on which in any way by codling moth larvae, ants, there is fruiting mold of any description, moths, beetles, or any other insects.
or mold mycelia affecting more than oneii Moldy kernels. Kernels showing fourth of the surface of the kernel.
on their surface, mold readily discernible iii Shriveled kernels. Kernels which to the eye, except that kernels bearing are edible but so shriveled as to be onea few loose filaments of white or light half or less than half the normal size.
gray mold which are easily blown off Each shriveled kernel shall be classed shall not be considered moldy.
as half sound; that is, two such kernels iii Shriveled kernels. Kernels which shall be counted as one sound and one are noticeably shrunken, leathery or defective kernel.
tough as distinguished from kernels iv Blanks. Walnuts with kernels so which are fully developed. A kernel shrunken or improperly matured as to with one-eighth or more of its surface be inedible or worthless.
affected by shriveling shall be consid v Rancid. Kernels which have a ered as noticeably shrunken and scored decomposed appearance or a rancid taste.
as unsound. Kernels which are thin It is necessary to make effective not in cross section but which otherwise are later than September 9,1947, these pack normally developed shall not be con specifications and minimum require sidered shriveled. Provided, That with ments so that the packers and inspectors respect to walnuts produced in the states involved may become thoroughly famil of Oregon and Washington, kernels iar with such regulatory requirements shriveled one-eighth or more but less prior to the beginning of the coming than one-half shall be scored one-half shipping season for merchantable un sound. However, in any 100 nuts not shelled walnuts, which is expected to be more than 10 such nuti may be com bined to make 5 percent sound; each ad gin during the latter part of September ditional such nut shall count as one per 1947. Any delay beyond September 9, cent defective.
1947, in the effective date of these regu iv Blanks. Walnuts with kernels so latory requirements will, therefore, be shrunken or improperly matured as to impracticable, unnecessary, and contrary be inedible or worthless.
to the public interest. See section 4 c v Rancid kernels. Kernels which of the Administrative Procedure Act, have a decomposed appearance or a ran Pub. Law 404, 79th Cong., 2d sess.; 60
cid taste.
Stat. 237. Sec. 12, 60 Stat. 244, 5
vi Black kernels. Kernels as dark U. S. C., Supp., 1011; 7 CFR 901.4 a , 12
or darker in color than those illustrated F. R. 5033
in row Ei.of the W CB color chart.

These pack specifications and mini mum requirements shall become effec tive at 12:01 a. m., P. s. t., September 9, 1947.
Issued this 21st day of August 1947.
seal
W a l n u t C o n t r o l B oard , W . E . G o o d spe e d ,
Secretary-Manager.
Approved: August 29, 1947.
C h a r le s F . B r a n n a n ,
Acting Secretary of Agriculture.
F. R. Doc. 47-8196; Filed, Sept. 4, 1947;
8:48 a. m.J

Tokay Grape Order 1, Arndt. 1
P art 951 T o k a y G rapes G r o w n i n C a l if o r n ia REGULATION BY GRADES AND SIZES

a. Findings. 1 Pursuant to the marketing agreement, as amended, and Order No. 51, as amended 7 CFR, Cum.
Supp., 951.1 et seq., regulating the handling of Tokay grapes grown in the State of California, effective under the applicable provisions of the Agricultural Marketing Agreement Act of 1937, as amended, and upon the basis of the rec ommendations of the Industry Commit tee, established under the aforesaid amended marketing agreement and or der, and upon other available informa tion, it is hereby found that the limita tion of shipments of Tokay grapes, as hereinafter provided, will tend to ef fectuate the declared policy of the act.
2 It is hereby further found that compliance with the notice, public rule inaking procedure, and the 30-day ef fective date requirements of the Admin istrative Procedure Act Pub. Law 404, 79th Cong.; 60 Stat. 237 is imprac ticable and contrary to the public inter est in that the time intervening between the date when information upon which this amended regulation is based became available and the time when this amended regulation must become ef fective in order to effectuate the declared policy o f the Agricultural Marketing Agreement Act of 1937, as amended, is insufficient for such compliance.
b. Order, as amended. The provisions in subparagraph b 1 of 951.301
Tokay Grape Order 1, 12 F. R. 5518
are hereby amended to read as follows :
1 Except as otherwise provided in subparagraph 2 of this paragraph, during the period beginning at 12:01
a. m., P. s. t., August 16, 1947, and end ing at 12:01 a. n., P. s. t., December 1, 1947, no shipper shall ship:
i From the Florin District, any To kay grapes produced in such district which do not meet the grade and size requirements of U. S. No. 1 Table Grapes, as defined in the United States Stand ards for Tabe Grapes 11 F. R. 13568 :
Provided, That, in addition to the tol erances provided for said U. S. No. 1
Table Grapes, there shall be allowed, for each container of Tokay grapes, an aggregate tolerance of ten 10 per cent, by weight, for defects not consid-