Virginia Law

Chapter 310. Rules and Regulations-Official Standards for Enforcement of the Virginia Apples: Grading, Packing, and Marking Law

2VAC5-310-10. Definitions.

The following words and terms, when used in 2VAC5-310-30 of this chapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Carefully hand-picked" means that the apples do not show evidence of rough handling or of having been on the ground.

"Clean" means that the apples are free from excessive dirt, dust, spray residue and other foreign material.

"Damage" means any specific defect defined in this section; or an equally objectionable variation of any one of these defects, any other defect or any combination of defects, which materially detracts from the appearance, or the edible or shipping quality of the apple. The following specific defects shall be considered as damage:

1. Russeting in the stem cavity or calyx basin which cannot be seen when the apple is placed stem end or calyx end down on a flat surface shall not be considered in determining whether or not an apple is damaged by russeting, except that excessively rough or bark-like russeting in the stem cavity or calyx basin shall be considered as damage when the appearance of the apple is materially affected. The following types and amounts of russeting outside of the stem cavity or calyx basin shall be considered as damage:

a. Russeting which is excessively rough on Roxbury Russet and other similar varieties.

b. Smooth net-like russeting, when an aggregate area of more than 25% of the surface is covered, and the color of the russeting shows no very pronounced contrast with the background color of the apple, or lesser amounts of more conspicuous net-like russeting when the appearance is affected to a greater extent than the above amount permitted.

c. Smooth solid russeting, when an aggregate area of more than 10% of the surface is covered, and the pattern and color of the russeting shows no very pronounced contrast with the background color of the apple, or lesser amounts of more conspicuous solid russeting when the appearance is affected to a greater extent than the above amount permitted.

d. Slightly rough russeting which covers an aggregate area of more than ½ inch in diameter.

e. Rough russeting which covers an aggregate area of more than ¼ inch in diameter.

2. Sunburn or sprayburn which has caused blistering or cracking of the skin, or when the discolored area does not blend into the normal color of the fruit unless the injury can be classed as russeting.

3. Limb rubs which affect a total area of more than ½ inch in diameter, except that light brown limb rubs of a russet character shall be considered under the definition of damage by russeting.

4. Hail marks, drought spots, other similar depressions or scars:

a. When any unhealed mark is present;

b. When any surface indentation exceeds 1/8 inch in depth;

c. When the skin has not been broken and the aggregate affected area exceeds ½ inch in diameter; or

d. When the skin has been broken and well healed, and the aggregate affected area exceeds ¼ inch in diameter.

5. Stem or calyx cracks which are not well healed, or well healed stem or calyx cracks which exceed an aggregate length of ¼ inch.

6. Disease:

a. Scab spots which affect a total area of more than ¼ inch in diameter.

b. Cedar rust infection which affects a total area of more than ¼ inch in diameter.

c. Sooty blotch or fly speck which is thinly scattered over more than 1/10 of the surface, or dark, heavily concentrated spots which affect an area of more than ½ inch in diameter.

d. Red skin spots which are thinly scattered over more than 1/10 of the surface, or dark, heavily concentrated spots which affect an area of more than ½ inch in diameter.

7. Insects:

a. Any healed sting or healed stings which affect a total area of more than 3/16 inch in diameter including any encircling discolored rings.

b. Worm holes.

"Diameter" means:

1. When measuring for minimum size, diameter means the greatest dimension of the apple measured at right angles to a line from stem to blossom end.

2. When measuring for maximum size, diameter means the smallest dimension of the apple determined by passing the apple through a round opening in any position. (See 2VAC5-310-30 G - Marking Requirements)

"Fairly well formed" means that the apple may be slightly abnormal in shape but not to an extent which detracts materially from its appearance.

"Injury" means any specific defect, defined in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects which more than slightly detracts from the appearance, or the edible or shipping quality of the apple. The following specific defects shall be considered as injury:

1. Russeting in the stem cavity or calyx basin which cannot be seen when the apple is placed stem end or calyx end down on a flat surface shall not be considered in determining whether or not an apple is injured by russeting.

a. Smooth net-like russeting outside of the stem cavity or calyx basin shall be considered as injury when an aggregate area of more than 10% of the surface is covered, and the color of the russeting shows no very pronounced contrast with the background color of the apple, or lesser amounts of more conspicuous net-like russeting when the appearance is affected to a greater extent than the above amount permitted.

b. Smooth solid russeting, when an aggregate area of more than 5.0% of the surface is covered, and the pattern and color of the russeting shows no very pronounced contrast with the background color of the apple, or lesser amounts of more conspicuous solid russeting when the appearance is affected to a greater extent than the above amount permitted.

2. Sunburn or sprayburn, when the discolored area does not blend into the normal color of the fruit.

3. Dark brown or black limb rubs which affect a total area of more than ¼ inch in diameter, except that light brown limb rubs of a russet character shall be considered under the definition of injury by russeting.

4. Hail marks, drought spots, other similar depressions or scars:

a. When the skin is broken, whether healed or unhealed;

b. When there is appreciable discoloration of the surface;

c. When any surface indentation exceeds 1/16 inch in depth;

d. When any surface indentation exceeds 1/8 inch in diameter; or

e. When the aggregate affected area of such spots exceeds ½ inch in diameter.

5. Disease:

a. Cedar rust infection which affects a total area of more than 3/16 inch in diameter.

b. Sooty blotch or fly speck which is thinly scattered over more than 5.0% of the surface, or dark, heavily concentrated spots which affect an area of more than ¼ inch in diameter.

c. Red skin spots which are thinly scattered over more than 1/10 of the surface, or dark, heavily concentrated spots which affect an area of more than ¼ inch in diameter.

6. Insects:

a. Any healed sting or healed stings which affect a total area of more than 1/8 inch in diameter including any encircling discolored rings.

b. Worm holes.

7. Invisible water core existing around the core and extending to water core in the vascular bundles; or surrounding the vascular bundles when the affected areas surrounding three or more vascular bundles meet or coalesce; or existing in more than slight degree outside the circular area formed by the vascular bundles.

"Mature" means that the apples have reached the stage of development which will insure the proper completion of the ripening process. Before a mature apple becomes overripe it will show varying degrees of firmness, depending upon the stage of the ripening process.

1. "Hard" means apples with a tenacious flesh and starchy flavor.

2. "Firm" means apples with a tenacious flesh but which are becoming crisp with a slightly starchy flavor, except the Delicious variety.

3. "Firm ripe" means apples with crisp flesh except that the flesh of the Gano, Ben Davis, and Rome Beauty varieties may be slightly mealy.

4. "Ripe" means apples with mealy flesh and soon to become soft for the variety.

"Overripe" means apples which are dead ripe, with flesh very mealy or soft, and past commercial utility.

"Serious damage" means any specific defect defined in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects which seriously detracts from the appearance, or the edible or shipping quality of the apple. The following specific defects shall be considered as serious damage:

1. Smooth solid russeting, when more than ½ of the surface in the aggregate is covered, including any russeting in the stem cavity or calyx basin, or slightly rough, or excessively rough or bark-like russeting, which detracts from the appearance of the fruit to a greater extent than the amount of smooth solid russeting permitted: Provided, that any amount of russeting shall be permitted on Roxbury Russet and other similar varieties.

2. Sunburn or sprayburn which seriously detracts from the appearance of the fruit.

3. Limb rubs which affect more than 1/10 of the surface in the aggregate.

4. Hail marks, drought spots, or scars, if they materially deform or disfigure the fruit or if such defects affect more than 1/10 of the surface in the aggregate: Provided, that no hail marks which are unhealed shall be permitted and not more than an aggregate area of ½ inch shall be allowed for well healed hail marks where the skin has been broken.

5. Stem or calyx cracks which are not well healed, or well healed stem or calyx cracks which exceed an aggregate length of ½ inch.

6. Visible water core which affects an area of more than ½ inch in diameter.

7. Disease:

a. Scab spots which affect a total area of more than ¾ inch in diameter.

b. Cedar rust infection which affects a total area of more than ¾ inch in diameter.

c. Sooty blotch or fly speck which affects more than 1/3 of the surface.

d. Red skin spots which affect more than 1/3 of the surface.

e. Bitter pit or Jonathan spot which is thinly scattered over more than 1/10 of the surface and does not materially deform or disfigure the fruit.

8. Insects:

a. Healed stings which affect a total area of more than ¼ inch in diameter including any encircling discolored rings.

b. Worm holes.

"Seriously deformed" means that the apple is so badly misshapen that its appearance is seriously affected.

Statutory Authority

§ 3.2-4501 of the Code of Virginia.

Historical Notes

Derived from VR115-05-09 § 1, eff. December 7, 1988.

2VAC5-310-20. U.S. standards for grades of apples.

The United States Standards for Grades of Apples and all of its amendments are hereby adopted as standards for this state. All apples packed under these standards shall meet their requirements and shall be so labeled. (7 CFR §§ 51-300 through 51-323 United States Standards for Grades of Apples which are incorporated by reference and made a part of this chapter). (See 2VAC5-310-30 G - Marking Requirements)

Statutory Authority

§ 3.2-4501 of the Code of Virginia.

Historical Notes

Derived from VR115-05-09 § 2, eff. December 7, 1988.

2VAC5-310-30. Standards in addition to the U.S. Standards.

The following standards are established in addition to the United States Standards adopted in 2 VAC5-310-20.

A. Grades.

1. Virginia Extra Fancy.

Virginia Extra Fancy consists of apples of one variety which are mature but not further advanced in maturity than firm ripe, carefully hand-picked, clean, fairly well formed; free from decay, internal browning, internal breakdown, scald, scab, bitter pit, Jonathan spot, freezing injury, visible water core and broken skins, and bruises except those which are slight and incident to proper handling and packing. The apples are also free from injury caused by smooth net-like russeting, smooth solid russeting, sunburn or sprayburn, limb rubs, hail, drought spots, scars, disease, insects, or other means; and free from damage by slightly rough or rough russeting, or stem or calyx cracks, and free from injury by invisible water core after January 31 of the year following the year of production. Each apple of this grade has the amount of color specified for the variety. (See color requirements)

2. Virginia Fancy.

Virginia Fancy consists of apples of one variety which are mature but not overripe, carefully hand-picked, clean, fairly well formed; free from decay, internal browning, internal breakdown, bitter pit, Jonathan spot, scald, freezing injury, visible water core, and broken skins and bruises except those which are incident to proper handling and packing. The apples are also free from damage caused by russeting, sunburn or sprayburn, limb rubs, hail, drought spots, scars, stem or calyx cracks, disease, insects, or damage by other means. Each apple of this grade has the amount of color specified for the variety. (See color requirements)

3. Virginia No. 1 Hail Grade.

Virginia No. 1 Hail Grade consists of apples which meet the requirements of Virginia Fancy grade except that hail marks where the skin has not been broken, and well healed hail marks where the skin has been broken, are permitted, provided the apples are fairly well formed.

4. Domestic Grade.

Domestic Grade consists of apples of one variety which are mature but not overripe, carefully hand-picked, not seriously deformed; free from decay, internal browning, internal breakdown, scald, and freezing injury. The apples are also free from serious damage caused by dirt or other foreign matter, broken skins, bruises, russeting, sunburn or sprayburn, limb rubs, hail, drought spots, scars, stem or calyx cracks, visible water core, disease, insects, or other means.

5. Gift Grade.

Gift Grade may consist of mixed varieties and shall meet Virginia Extra Fancy grade as defined in Virginia Standards for Apples. When gift containers meet the requirements of Gift Grade, such containers need be marked only "Gift Grade" and a statement of net contents and name and address of packer or distributor.

6. Color requirements.

In addition to the requirement specified for the grades set forth, apples of these grades shall have the percentage of color specified for the variety in Table I appearing in this section. For the solid red varieties the percentage stated refers to the area of the surface which must be covered with a good shade of solid red characteristic of the variety: Provided, that an apple having color of a lighter shade of solid red or striped red than that considered as a good shade of red characteristic of the variety may be admitted to a grade, provided it has sufficient additional area covered so that the apple has as good an appearance as one with the minimum percentage of good red characteristic of the variety required for the grade. For the striped red varieties the percentage stated refers to the area of the surface in which the stripes of a good shade of red characteristic of the variety shall predominate over stripes of lighter red, green, or yellow. However, an apple having color of a lighter shade than that considered as a good shade of red characteristic of the variety may be admitted to a grade, provided it has sufficient additional area covered so that the apple has as good an appearance as one with the minimum percentage of stripes of a good red characteristic of the variety required for the grade.

B. Tolerances. In order to allow for variations incident to proper grading and handling in each of the foregoing grades, the following tolerances are provided as specified:

1. Defects:

a. Va. Extra Fancy, Va. Fancy, and Va. No. 1 Hail Grade: 10% of the apples in any lot may fail to meet the requirements of the grade, but not more than ½ of this amount, or 5.0%, shall be allowed for apples which are seriously damaged, including therein not more than 1.0% for apples affected by decay or internal breakdown.

b. Domestic grade: 10% of the apples in any lot may fail to meet the requirements of the grade, but not more than ½ of this amount, or 5.0%, shall be allowed for apples which are seriously damaged by insects, and including in the total tolerance not more than 1.0% for apples affected by decay or internal breakdown.

2. Size: When size is designated by the numerical count for a container, not more than 5.0% of the apples may vary more than ¼ inch in diameter. When size is designated by minimum or maximum diameter, not more than 5.0% of the apples in any lot may be smaller than the designated minimum and not more than 10% may be larger than the designated maximum.

C. Application of tolerances. The contents of individual packages in the lot, are subject to the following limitations: Provided, that the averages for the entire lot are within the tolerances specified for the grade:

1. Packages which contain more than 10 pounds:

Shall have not more than 1½ times a specified tolerance of 10% or more and not more than double a tolerance of less than 10%, except that at least one apple which is seriously damaged by insects or affected by decay or internal breakdown may be permitted in any package.

2. Packages which contain 10 pounds or less:

Not over 10% of the packages may have more than three times the tolerance specified, except that at least one defective apple may be permitted in any package: Provided, that not more than one apple or more than 6.0% (whichever is the larger amount) may be seriously damaged by insects or affected by decay or internal breakdown.

D. Calculation of percentages.

1. When the numerical count is marked on the container, percentages shall be calculated on the basis of count.

2. When the minimum diameter or minimum and maximum diameters are marked on a container or when the apples are jumbled in a container or in bulk, percentages shall be calculated on the basis of count or an equivalent basis.

E. Condition after storage or transit. Decay, scald or any other deterioration which may have developed on apples after they have been in storage or transit shall be considered as affecting condition and not the grade.

F. Packing requirements.

1. Apples tray packed or cell packed in cartons shall be arranged according to approved and recognized methods. Packs shall be at least fairly tight or fairly well filled.

a. "Fairly tight" means that apples are of the proper size for molds or cell compartments in which they are packed, and that molds or cells are filled in such a way that no more than slight movement of apples within molds or cells is possible. The top layer of apples, or any pad or space filler over the top layer of apples shall be not more than ¾ inch below the top edge of the carton.

b. "Fairly well filled" means that the net weight of apples in containers ranging from 2,100 to 2,900 cubic inch capacity is not less than 37 pounds for Cortland, Gravenstein, Jonathan, McIntosh, and Golden Delicious varieties and not less than 40 pounds for all other varieties.

2. Closed cartons containing apples not tray or cell packed shall be fairly well filled or the pack shall be sufficiently tight to prevent any appreciable movement of apples.

3. Packs in wooden boxes or baskets shall be sufficiently tight to prevent any appreciable movement of apples within containers when the packages are closed. Each wrapped apple shall be completely enclosed by its individual wrapper.

4. Apples on the shown face of any container shall be reasonably representative in size, color and quality of the contents.

5. Tolerances: In order to allow for variations incident to proper packing, not more than 10% of the containers in any lot may fail to meet these requirements.

G. Marking requirements. The numerical count or the minimum diameter of the apples packed in a closed container shall be indicated on the container.

1. When the numerical count is not shown, the minimum diameter shall be plainly stamped, stenciled, or otherwise marked on the container in terms of whole inches, or whole inches and not less than eighth inch fractions thereof.

2. The word "minimum," or its abbreviation, when following a diameter size marking, means that the apples are of the size marked or larger.

H. Inspection and certification requirements. The grade Virginia Extra Fancy shall not be placed on any container or subcontainer of apples, unless an authorized representative of the Virginia Department of Agriculture and Consumer Services has inspected such apples and issued a state lot number in conjunction with a certificate stating that such apples have met the requirements of this grade.

Statutory Authority

§ 3.2-4501 of the Code of Virginia.

Historical Notes

Derived from VR115-05-09 § 3, eff. December 7, 1988.

2VAC5-310-40. Inspector's guide for apple bruises.

Statutory Authority

§ 3.2-4501 of the Code of Virginia.

Historical Notes

Derived from VR115-05-09, eff. December 7, 1988.

2VAC5-310-50. Injury by invisible watercore.

Statutory Authority

§ 3.2-4501 of the Code of Virginia.

Historical Notes

Derived from VR115-05-09, eff. December 7, 1988.