§ 982.101 Grade requirements for shelled hazelnuts.

(a) Pursuant to § 982.45(a), no handler shall handle any shelled hazelnuts unless such hazelnuts meet the grade requirements for shelled hazelnuts as contained in exhibit A of this section. (b) Pursuant to §§ 982.50(a) and 982.51(b), a handler may declare and withhold shelled hazelnuts in lieu of merchantable hazelnuts in satisfaction of the handler's restricted obligation. Shelled hazelnuts so declared and withheld shall, in lieu of the standards prescribed in § 982.50(a)(3), meet the grade requirements contained in exhibit A of this section. Hazelnut kernels or portions of hazelnut kernels shall meet the following requirements: (1) Well dried and clean; (2) Free from foreign material, mold, rancidity, decay or insect injury; and (3) Free from serious damage caused by serious shriveling, or other means. In order to allow for variations incident to proper grading and handling the following tolerances, by weight, are permitted as specified: (1) For Foreign Material: 0.02 of one percent, for foreign material. (2) For Defects: Five percent for kernels or portions of kernels which are below the requirements of this grade, including not more than the following: Two percent for mold, rancidity, decay or insect injury: Provided, That not more than one percent shall be for mold, rancidity, or insect injury. (1) Well dried means that the kernels are firm and crisp, not containing more than 6 percent moisture. (2) Clean means practically free from plainly visible adhering dirt or other foreign material. (3) Foreign material means any substance other than the hazelnut kernels, or portions of kernels. (Loose skins, pellicles or corky tissue which have become separated from the kernels shall not be considered as foreign material, provided that this material does not exceed .02 of one percent by weight.) (4) Serious damage means any specific defect described in this section, or any equally objectionable variation of any one of these defects, or any other defects, or any combination of defects, which seriously detracts from the appearance or the edible or marketing quality of the individual portion of the kernel or of the lot as a whole. The following defects shall be considered as serious damage. (i) Serious shriveling means when the kernel is seriously shrunken, wrinkled and tough. (ii) Mold means that there is a visible growth of mold either on the outside or inside of the kernel. (iii) Rancidity means that the kernel is noticeably rancid to the taste. An oily appearance of the flesh does not necessarily indicate a rancid condition. (iv) Decay means that any portion of the kernel is decomposed. (v) Insect injury means that the insect, frass or web is present, or the kernel or portion of kernel show definite evidence of insect feeding.