(a) Definitions of defects. Unless otherwise stated specifically, the following definitions of defects or defective units apply only to whole or pitted dates or whole dry dates for processing, as applicable for the type:

(1) Damaged by discoloration is the presence of a dark area in the flesh of the date, which dark area is visible through the skin and is more than one-fourth ( 1/4) inch in width and extends more than the equivalent of half the length of the date, such darkening being of natural origin and not caused by mold or other organism.

(2) Damaged by broken skin is any rupture of the skin in a manner to expose the flesh of the date, the short- est dimension of such exposed area being not less than three-sixteenths ( 3/16) inch.

(3) Damaged by checking is the presence of fine lines, resulting from water injury, affecting the surface of the skin over an area not less than one-fourth of the total surface of the date.

(4) Seriously damaged by checking is the presence of heavy lines, resulting from water injury, seriously affecting the surface of the skin over an area not less than one-fourth of the total surface of the date.

(5) Damaged by deformity is any abnormal shape sufficient to produce an appearance discernibly at variance with the normal shape that is typical of the variety.

(6) Damaged by puffiness is the condition of a date of which the skin is soft and pliable and from which the skin is separated from the flesh in a balloon-like fashion, over an area not less than one-half of the total surface of the date. Soft skins which have returned and adhere to the flesh of the date are not considered “damaged by puffiness.”

(7) Seriously damaged by puffiness is the condition of a date of which the skin is dry, hard, and brittle and from which the skin is separated from the flesh over an area not less than one-half of the total surface of the date.

(8) Damaged by scars are any blemishes that affect the exterior of the date and which are not less than three-sixteenths ( 3/16) inch in the shortest dimension.

(9) Damaged by sunburn is an area, usually light in color, scarred by the heat of the sun, such area being not less than three-sixteenths ( 3/16) inch in the shortest dimension.

(10) Damaged by insect injury is any blemish, resulting from the activity of insects or mites, distributed over an area of not less than one-fourth of the total surface of the date or any similar blemish that materially affects the appearance or edibility of the unit, regardless of the area affected.

(11) Damaged by improper hydrating means that the date has been injured by excessive heat or that the hydrating process is incomplete.

(12) Damaged by mashing means any physical injury to the flesh and skin of the date leaving the date partially mangled but otherwise whole.

(13) Damaged by mechanical injury means excessive trimming or similar injury that damages the appearance or that damages or affects the eating quality of the whole date.

(14) Damaged by lack of pollination means, with respect to whole dates, that pollination of the date was not accomplished, such condition being manifested by the absence of a pit in the whole dates or by thin, immature appearance of the date.

(15) Damaged by blacknose is severe checking in which the flesh becomes dark, crusty, and dry and which severe checking affects an area greater than one-eighth of the total surface of the date.

(16) Damaged by side spot means a very dark area, which generally is circular in appearance, extending into the flesh of the date, and, when decayed tissue or mold is not present, affecting in the aggregate an area not less than the area of a circle three-sixteenths ( 3/16) inch in diameter.

(17) Damaged by black scald means the collapse, death, and blackening of the flesh along the side of the date, usually accompanied by a bitter taste in the affected area.

(18) Damage by improper ripening means pronounced evidence of “green shrivel” of the date or that the date possesses a puffy flesh or a decidedly rubbery texture resulting from failure of the tissue of the date to reach a desirable state of maturity due to climatic or cultural injury, or both.

(19) Damaged by other defects means any injury or defect or group of defects not defined in this section (such as, but not limited to, heavy sugaring, and excessive scars not described in the definition “damaged by scars,”) which materially affect the appearance, edibility, or keeping quality of the dates.

(20) Affected by scouring is evidenced by the breakdown of the sugars into alcohol and acetic acid by yeasts and bacteria.

(21) Affected by mold is the presence of visible mold.

(22) Affected by dirt is the presence of any quantity of such substance.

(23) Affected by insect infestation is the presence of dead insects, insect parts, or excreta. (No live insects are permitted.)

(24) Affected by foreign material is the presence of any quantity of such substance.

(25) Affected by decay is a state of decomposition.

(b) (A) classification. Whole or pitted dates that are practically free from defects may be given a score of 27 to 30 points. “Practically free from defects” means that in pitted dates there may be present not more than one whole pit or two pit fragments for each 25 ounces of pitted dates; and that the whole or pitted dates do not exceed the total allowances and limitations shown in Chart I of this subpart.

(c) (B) classification. If the whole or pitted dates or whole dry dates for processing are reasonably free from defects, a score of 24 to 26 points may be given. Dates that fall into this classification shall not be graded above U.S. Grade B or U.S. Choice or U.S. Grade B (Dry) or U.S. Choice (Dry), whichever is applicable, regardless of the total score for the product (this is a limiting rule). “Reasonably free from defects” means that in pitted dates there may be present not more than one whole pit or two pit fragments for each 25 ounces of pitted dates; and that the whole or pitted dates or whole dry dates for processing do not exceed the total allowances and limitations shown in Chart II of this subpart.

(d) (C) classification. If the whole or pitted dates, whole dry dates for processing, date pieces, or macerated dates are fairly free from defects, a score of 21 to 23 points may be given. Dates that fall into this classification shall not be graded above U.S. Grade C or U.S. Standard or U.S. Grade C (Dry) or U.S. Standard (Dry), whichever is applicable, regardless of the total score for the product (this is a limiting rule). “Fairly free from defects” has the following meanings with respect to the following styles:

(1) Whole. The defects or defective units in whole dates or whole dry dates for processing do not exceed the total allowances and limitations shown in Chart III of this subpart.

(2) Pitted. Not more than one whole pit or two pit fragments for each 25 ounces of pitted dates may be present; and the defects or defective units in pitted dates do not exceed the total allowances and limitations shown in Chart III of this subpart.

(3) Pieces; macerated. Not more than one whole pit or two pit fragments for each 25 ounces of pitted dates may be present; and the units or mass consists of clean and sound date material, fairly free from defects that seriously affect the appearance, edibility, or keeping quality of the product.

(e) (SStd) classification. Dates that fail to meet the requirements of paragraph (d) of this section may be given a score of 0 to 20 points and shall not be graded above Substandard, regardless of the total score for the product (this is a limiting rule).

Chart No. I—Allowances and Limitations for Defects in Whole and Pitted Dates (Other Than Whole Dry Dates for Processing); U.S. Grade A or U.S. Fancy total allowance

Not more than a total of 10 percent, by weight of the dates, may be the following:

Damaged by:

Discoloration.

Broken skin.

Checking.

Deformity.

Puffiness.

Scars.

Sunburn.

Insect injury.

Improper hydrating.

Mashing.

Mechanical injury.

Lack of pollination.

Blacknose.

Side spot.

Black scald.

Improper ripening.

Other defects.

Seriously damaged by checking. Seriously damaged by puffiness. Affected by:

Souring.

Mold.

Dirt.

Insect infestation.

Foreign material.

Decay.

limitations

Not more than 3/5 of the total allowance or 6 percent, by weight of the dates, may be the following:

Damaged by:

Side spot.

Black scald.

Improper ripening.

Other defects.

Affected by:

Souring.

Mold.

Dirt.

Insect infestation.

Foreign material.

Decay.

Not more than 2/5 of the total allowance, or 4 percent, by weight of the dates, may be the following:

Damaged by:

Improper ripening.

Other defects.

Affected by:

Souring.

Mold.

Dirt.

Insect infestation.

Foreign material.

Decay.

Not more than 1/10 of the total allowance, or 1 percent, by weight of the dates, may be:

Affected by decay.

Chart No. II—Allowances and Limitations for Defects in Whole and Pitted Dates or in Whole Dry Dates for Processing; U.S. Grade B or U.S. Choice and U.S. Grade B (Dry) or U.S. Choice (Dry)

Not more than 15 percent, by weight of the dates, may be seriously damaged by checking.

Not more than 20 percent, by weight of the dates, may be damaged by broken skin.

additional allowance

Not more than a total of 15 percent, by weight of the dates, may be the following:

Damaged by:

Deformity.

Puffiness.

Scars.

Sunburn.

Insect injury.

Improper hydrating.

Mashing.

Mechanical injury.

Lack of pollination.

Blacknose.

Side spot.

Black scald.

Improper ripening.

Other defects.

Seriously damaged by puffiness. Affected by:

Souring.

Mold.

Dirt.

Insect infestation.

Foreign material.

Decay.

limitations

Not more than 2/3 of the additional allowance, or 10 percent, by weight of the dates, may be the following:

Damaged by:

Lack of pollination.

Blacknose.

Side spot.

Black scald.

Improper ripening.

Other defects.

Affected by:

Souring.

Mold.

Dirt.

Insect infestation

Foreign material.

Decay.

Not more than 1/3 of the additional allowance, or 5 percent, by weight of the dates, may be the following:

Damaged by:

Improper ripening.

Other defects.

Affected by:

Souring.

Mold.

Dirt.

Insect infestation.

Foreign material.

Decay.

Not more than 1/15 of the additional allowance, or 1 percent, by weight of the dates, may be:

Affected by decay.

Chart No. III—Allowances and Limitations for Defects in Whole and Pitted Dates or in Whole Dry Dates for Processing; U.S. Grade C or U.S. Standard and U.S. Grade C (Dry) or U.S. Standard (Dry) total allowance

Not more than a total of 20 percent, by weight of the dates, may be the following.

Damaged by:

Deformity.

Scars.

Sunburn.

Insect injury.

Improper hydrating.

Mashing.

Mechanical injury.

Lack of pollination.

Blacknose.

Side spot.

Black scald.

Improper ripening.

Other defects.

Seriously damaged by puffiness Affected by:

Souring.

Mold.

Dirt.

Insect infestation.

Foreign material.

Decay.

limitations

Not more than 1/2 of the total allowance, or 10 percent, by weight of the dates, may be the following.

Damaged by:

Lack of pollination

Blacknose.

Side spot.

Black scald.

Improper ripening.

Other defects.

Affected by:

Souring.

Mold.

Dirt.

Insect infestation.

Foreign material.

Decay.

Not more than 1/4 of the total allowance, or 5 percent, by weight of the dates, may be the following:

Affected by

Souring.

Mold.

Dirt.

Insect infestation.

Foreign material.

Decay.

Not more than 1/10 of the total allowance, or 2 percent, by weight of the dates, may be:

Affected by decay.